Terms and Condition
“Berlin Fashion” is an entity of M/s. AP GROUP, a firm having it’s office at F-73, Yashwant Plaza, Chhoti Gwaltoli, Indore-452001.
The domain name www.berlinfashions.com is owned by M/s. AP GROUP.
As a visitor to the Site/ Customer you are advised to please read the Terms & Conditions carefully.
1. “Customer/ Member” means the person(s) who purchase products under their Login, and, as the context requires, includes any person browsing BerlinFashion via Website or Mobile Phone Application, who is not a registered user.
2. “Intellectual Property” means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or can be registered by any means, and the right to file an application for registration thereof.
3. “Login” means a Member’s personal email address and password used to access BerlinFashion’s online shopping portal under that Member’s credentials.
4. “Premises” means the address specified by the Member/ Customer on their registration application, as amended from time to time.
5. “Products” means the products for sale in BerlinFashion’s online shopping portal.
6. “BerlinFashion” includes all proprietors, directors, shareholders, employees, contractors and agents of BerlinFashion.
7. “BerlinFashion Online Shopping Portal” means the internet site and Mobile phone Applications for iOS and Android users owned by BerlinFashion, being the medium by which Products are offered for sale online by BerlinFashion to the Members/ Customers.
1.2 Use of BerlinFashion online shopping subject to terms and conditions
Access to, and use of, BerlinFashion Online Shopping is subject to the following terms and conditions- By using BerlinFashion online shopping portal you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through BerlinFashion Online Shopping constitute legal offers to purchase, and are capable of being accepted by BerlinFashion without any further reference to the Customer.
1.3 Terms and conditions to prevail
These terms and conditions shall prevail over any other document purporting to have a contractual effect.
1.4 BerlinFashion discretion to accept registration
BerlinFashion has the absolute discretion to refuse the registration application of a potential Customer/ Member for any reason whatsoever.
1.5 BerlinFashion discretion to accept or cancel orders
BerlinFashion has the absolute discretion as to whether an order placed on its online shopping portal is accepted and fulfilled. BerlinFashion may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use BerlinFashion Online Shopping, but Customers are responsible for any costs incurred in using BerlinFashion Online Shopping, including any charges imposed by their internet service provider.
1.7 Suspension or termination
BerlinFashion may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Products through BerlinFashion Online Shopping Portal for any reason whatsoever.
1.8 Customer liable for every order
Customers are liable for every order made under their Login.
1.9 Business hours
An order submitted by a customer on a Statutory Holiday will be processed and delivered on the next business day (as the case maybe).
1.10 Products supplied for end use
Unless otherwise agreed, Customers/ Members may not purchase Products through BerlinFashion Online Shopping Portal for the purpose of resale.
1.11 Security of information
BerlinFashion endeavors to prevent any unauthorized entry into BerlinFashion Online Shopping Portal. However, BerlinFashion will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorized access
Why is BerlinFashion Online Shopping safe?
Safe technology systems – BerlinFashion Online Shopping uses an internationally recognized encryption protocol to encrypt all personal data that you type into our online shopping portal before it travels across the internet. Once we receive your data it is stored on a secure server behind BerlinFashion’s firewalls, so that your personal details are not accessible from the internet by any third party.
Safe payment systems – BerlinFashion uses “Razorpay” to securely authorize credit card payments before any charges are made. For further information regarding “Razorpay” and how it encrypts and processes transactions, please visit www.razorpay.com
Alternate methods of payment – Cash on delivery is also an alternate way to pay for your order at the time of delivery, you can make payment by cash or pay through EDC machine carried by delivery executive to pay for orders you place at BerlinFashion Online Shopping Portal.
1.12 Site content
While BerlinFashion has endeavors to ensure that the information provided on BerlinFashion Online Shopping Portal is free from error, BerlinFashion does not warrant its accuracy, adequacy or completeness, and BerlinFashion shall not be responsible or liable for any error in, or omission from, the information provided on BerlinFashion Online Shopping Portal.
We reserve the right to make changes to the information provided on BerlinFashion Online Shopping Portal at any time and without notice.
1.13 Use of the site
The Customer agrees not to use BerlinFashion Online Shopping Portal for any purpose that is unlawful or prohibited by these terms and conditions. The Customer agrees that it will not interfere with any other party’s use and enjoyment of BerlinFashion Online Shopping Portal, or damage the operation of BerlinFashion Online Shopping Portal.
The Customer shall pay BerlinFashion for the Products ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Product ordered increases or decreases between the time the order is submitted and the time when that Product is delivered.
BerlinFashion may vary the prices of the Products at any time without any prior notice.
The prices of Products are displayed in Indian currency.
2.3 Prices inclusive of GST
The prices of the Products are inclusive of GST and any other sales tax.
2.4 Adjustments to price
The Customer/ Member will be notified of any adjustments made to the total price of their order on the invoice which will accompany the purchased Products on delivery.
2.5 Variation of order and price
If the Customer/ Member requests a variation to the order which BerlinFashion accepts, then the price payable for the order will be adjusted accordingly to reflect the variation and recorded on the invoice.
2.6 Credit limits
BerlinFashion may from time to time set credit limits for individual Customers/ Members.
3. PRODUCT AVAILABILITY, RANGE, SPECIALS AND QUALITY
3.1 Product availability
Every effort will be made to fulfill orders placed with BerlinFashion Online Shopping Portal, but BerlinFashion shall not be liable to any person if BerlinFashion is unable to or declines to supply a Product for any reason whatsoever.
BerlinFashion reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer’s order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
BerlinFashion may delay dispatch of orders that exceed reasonable household quantities due to stock availability.
3.2 Product range
BerlinFashion a reserves the right to limit the range of products available to certain areas.
3.3 Product substitution
If BerlinFashion is unable to or declines to supply a Product ordered by a Customer, BerlinFashion may, except if the Customer otherwise directs by de-selecting the “Allow Substitutions” box at the online checkout, substitute a similar Product of equal or higher value. In this situation the Customer will only be charged for the substituted Product at the price of the Product originally ordered.
If BerlinFashion cannot make a substitution on this basis, BerlinFashion may substitute a similar Product with a lower value. In this situation the Customer will be charged the price of the available lower value Product, as at the time of receipt of the initial order.
BerlinFashion reserves the right to refuse to substitute any particular Product for any reason whatsoever.
3.4 Product quality
If BerlinFashion agrees that a Product was delivered to a Customer in a damaged or spoiled condition, BerlinFashion shall, at the request of the Customer, refund the value of the relevant Product to the Customer (as at the date on which the Product was originally ordered).
4.1 Method of Payment
Customers must pay BerlinFashion for the Products purchased by credit card, debit card, wallets and COD only. BerlinFashion Online Shopping does not accept cheque, voucher or any other form of payment.
4.2 Payment by credit and debit card
If a Customer’s credit card is declined by its financial institution, delivery of the relevant order will not be made, and BerlinFashion may contact the Customer to make alternative payment arrangements.
BerlinFashion reserves the right to refuse to accept payment from any particular Customer by credit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Product ordered, BerlinFashion shall be paid by, or refund to, the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced.
4.4 Debt collection
The Customer is liable for all costs and expenses associated with debt collection where the Customer defaults in payment for any order.
4.5 Change to payment policy
BerlinFashion may change at any time the way in which a Customer pays for Products, and any such change might come into effect without any prior notice to the Customers.
5.1 Delivery areas
If a delivery suburb is listed in the registration area, this does not imply that BerlinFashion Online Shopping Portal will deliver to all addresses within that suburb.
5.2 Right to withhold delivery
BerlinFashion reserves the right to withhold the delivery of any Products to a Customer for any reason whatsoever. Customers will not be charged for Products that have been withheld until those Products are either picked up by the Customer (if BerlinFashion permits) or alternative delivery arrangements are made.
5.3 Delivery and liability
Deliveries will be made to the Delivery Point. If the courier brings the Products inside the Premises, beyond the Delivery Point, at the request of the Customer, or any other person accepting delivery of the Products on behalf of the Customer, whether on any particular occasion or pursuant to a standing instruction or request, BerlinFashion shall not be liable for any direct or indirect damage or loss (including in negligence) suffered by the Customer or any third party in doing so. In addition, the Customer indemnifies BerlinFashion for any direct or indirect damage or loss (including in negligence) that BerlinFashion incurs in connection with any third party claim arising out of or in connection with any deliveries brought beyond the Delivery Point.
BerlinFashion shall be entitled to assume that any person accepting delivery of the Products is authorized to do so, on behalf of the Customer.
5.4 Accessibility and safety
Customers shall ensure that their Delivery Point is easily accessible to BerlinFashion’s delivery executive, and that it is safe for that delivery executive to enter the Customer’s premises in order to complete the delivery. If in the delivery executive is of the opinion that the Delivery Point is not easily accessible, or it is unsafe to deliver the Products, the delivery will not be made, and the Customer will be contacted to make alternative arrangements.
5.5 Change of address
The Customer shall immediately within an hour of placing the order notify BerlinFashion of a change of its delivery address.
5.6 Delays to delivery
Not with standing any other term, BerlinFashion shall not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of BerlinFashion or otherwise.
If BerlinFashion considers that the delivery of a Customer’s order is likely to be substantially delayed, BerlinFashion may, but shall not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
5.7 Delivery deemed to have taken place
If no person is present at the Delivery Point at the time of delivery, or the Customer or any other person fails or refuses to take delivery of the Products, the Products will be left at the Delivery Point and be deemed to have been delivered at that point in time.
5.8 Incorrect or undelivered Products
If any Product delivered does not correspond with a Product ordered, the Customer may:
(a) keep the incorrectly-delivered Product, in which case no adjustment will be made to the payment due from the Customer for the order containing the incorrect Product; or
(b) reject the incorrectly-delivered Product, in which case BerlinFashion will, at the request of the Customer, either replace that Product with the Product that was originally ordered, or refund the value of the Product that was originally ordered (as at the date on which the Product was ordered).
If a Customer chooses to reject an incorrectly-delivered Product in accordance with sub-clause (b), BerlinFashion reserves the right to collect the incorrectly-delivered Product from the Customer. If the Customer is unable, or refuses, to return the Product when requested, BerlinFashion reserves the right to charge the Customer for that Product.
If a Customer has been charged for a Product that has not been delivered, if the Product is in stock, BerlinFashion will, at the request of the Customer, re-deliver that Product at no extra charge to the Customer. Alternatively, the Customer may cancel the order of such Product (or if the Product is out of stock BerlinFashion may cancel the order for that Product) (in each case without incurring any cancellation fee), and BerlinFashion will refund the value of the relevant Product (as at the date on which the Product was ordered).
This clause does not apply to Products that have been substituted in accordance.
6. VARIATION/CANCELLATION OF ORDER
(a)The Customer may vary or cancel the order up to the point in time that BerlinFashion has not commenced packing the order by contacting BerlinFashion.
(b) If the Customer wishes to cancel an order after the order has been packed or picked up by the Delivery Executive, the customer may incur a cancellation fee, additional fees associated to the cost of the packing and delivery charges incurred for the order, and any subsequent costs associated for returning the order to the warehouse by the Delivery Executive.
(c) BerlinFashion may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(i) The Products in that order are not available; or
(ii) There is an error in the price or the product description posted on the Site for the Product in that order; or
(iii) That we reasonably believe your order has been placed in breach of these terms and conditions.
(d) In the event of a cancellation by BerlinFashion, BerlinFashion may provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
7. RETURNS POLICY
BerlinFashion must be notified within 2 hours of delivery by email or by phone to return an order. Refund can be by way of a credit or a replacement. A refund will only be given for damaged or poor quality product not for a change of mind or for not wanting the product. Returns have been temporarily suspended amidst the COVID-19 Pandemic.
Property and risk in the Products shall pass to the Customer on delivery to the Delivery Point.
The Customer shall keep their Login details safe and confidential at all times.
All representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, tolerance to any conditions or similarity to sample are excluded to the fullest extent permitted by law. The Customer acknowledges that the Customer does not rely on any representation or statement made by or on behalf of BerlinFashion other than the express provisions of these terms and conditions. The Customer shall ensure that the Products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the Products. The Customer expressly acknowledges and agrees that BerlinFashion and its Management including its Directors, assumes any obligation or liability for any advice given, and that all such Products are accepted by the Customer entirely at the Customer’s risk.
10. LIABILITY AND INDEMNITY
10.1 Product liability
The liability of BerlinFashion whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a Product or any other breach of BerlinFashion’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the relevant Product.
10.2 No liability for indirect loss
BerlinFashion shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Customer’s use of, or inability to use, BerlinFashion Online Shopping Portal, or the delivery or failure to deliver any Products.
Notwithstanding any other term, the Customer agrees to indemnify BerlinFashion against all liabilities, losses, claims and expenses suffered or incurred by BerlinFashion, and all claims and demands made by BerlinFashion, arising directly or indirectly out of the Customer’s use of BerlinFashion Online Shopping Portal, any breach of these terms and conditions, or the delivery or failure to deliver any Products.
11. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to BerlinFashion Online Shopping Portal and its contents is owned by, and shall at all times remain the exclusive property of BerlinFashion, its licensors and the providers of any other products and services accessible through BerlinFashion Online Shopping Portal, and is protected by Indian Penal Law. Nothing in these Terms and Conditions shall constitute any license of Intellectual Property rights to the Customer.
12. FORCE MAJEURE
If the performance by BerlinFashion of its obligations under these terms and conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of BerlinFashion then under the aforesaid circumstances BerlinFashion shall be excused from such performance to the extent of such prevention.
13. PRIVACY ACT
13.1 Collection of information
BerlinFashion Online Shopping Portal contains applications which collect personal information about the Customer. BerlinFashion will only use this information to the extent authorized by the Customer, and will only disclose it in the manner set out below.
In using BerlinFashion Online Shopping the Customer authorises BerlinFashion to collect, retain and use their personal information for the purposes of:
(a) processing the Customer’s registration application;
(b) assessing the Customer’s credit-worthiness;
(c) undertaking any dealings or transactions with the Customer;
(d) enforcing any legal or other rights BerlinFashion may have against the Customer in any manner that BerlinFashion sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing BerlinFashion Online Shopping Portal so that BerlinFashion may offer you a better, more personalized and bespoke service.
13.2 Collection from other sources
In using BerlinFashion Online Shopping the Customer further authorises BerlinFashion to collect personal information about the Customer from any other source available to BerlinFashion including but not limited to credit referral agencies, the Customer’s bank (present and past), any other suppliers of products and services to the Customer and other persons or companies with whom the Customer has been associated.
13.3 BerlinFashion’ right to refuse application
If sufficient personal information is not supplied, or is not satisfactory to BerlinFashion, then BerlinFashion reserves the right to refuse to accept the person’s application to register to use BerlinFashion Online Shopping Portal.
BerlinFashion Online Shopping may use ‘cookies’. Cookies are an element of data that the website can send to your browser, which may then store it on your system. To use BerlinFashion Online Shopping Portal you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
13.5 Website Analysis Tools
BerlinFashion uses Google Analytics to collect information such as the number of visitors per day or the number of pages requested per day. In order for this to occur a small piece of code is placed on each page which counts these statistics.
This non-personal information gained is aggregated by Google Analytics and enables us to measure activity within our websites which in turn is used to continually improve our site and our service to our customers.
For further information about Google Analytics – click here.
Emails sent on behalf of BerlinFashion Online Shopping Portal to registered shoppers may include code that measures e-mail response and click through activity.
13.6 Information retained by BerlinFashion
Any personal information supplied by the Customer may be retained by BerlinFashion until such time as the Customer requests that the information be removed.
Any personal information supplied by the Customer and retained by BerlinFashion may be disclosed to other persons or body corporates engaged by BerlinFashion for purposes including but not limited to:
(a) BerlinFashion employees.
(b) Research and/or marketing firms.
(c) Credit referral agencies.
(d) Business advisors.
BerlinFashion may also disclose aggregated shopper statistics to any party, provided that these statistics do not contain any information about identifiable Customers and their individual shopping habits.
13.8 Storage of personal information
BerlinFashion has taken many steps, from both technical and systems perspectives, to ensure that Customers’ information is well protected. However it is important that Customers remember to never share their Login with any other person.
While BerlinFashion endeavors to keep the Customer’s personal information collected on BerlinFashion Online Shopping Portal secure and confidential, BerlinFashion shall not be responsible for any breach of security caused by third parties, nor represents that BerlinFashion Online Shopping Portal is completely secure.
13.9 Customer’s rights of access
The Customer has the right under the Privacy Act 2000 to access and request to update and/or correct their personal information held by BerlinFashion The Customer agrees to pay BerlinFashion the reasonable charges requested by BerlinFashion in relation to time and attendances involved in complying with the Customer’s request in this regard.
Access to a Customer’s personal information held by BerlinFashion is available to the Customer in the “My Account” area of BerlinFashion Online Shopping Portal. The Customer can request a change to this information by contacting BerlinFashion.
14. LINKS TO AND FROM OTHER WEBSITES
14.1 Links to third party websites
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by BerlinFashion. BerlinFashion does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a “third party website” is any website other than BerlinFashion, www.berlinfashions.com
The Customer agrees that it will not create a hyperlink to BerlinFashion Online Shopping Portal without BerlinFashion express written permission. If a Customer does create a hyperlink to BerlinFashion Online Shopping Portal, that Customer is responsible for all losses any member of BerlinFashion may suffer as a result of that link, whether direct or indirect. Linking to BerlinFashion Online Shopping Portal is at the Customer’s own risk.
15. VARIATION OF TERMS AND CONDITIONS
From time to time BerlinFashion Online Shopping may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of BerlinFashion Online Shopping after the terms and conditions have been changed indicates your acceptance of those changes.
16. GOVERNING LAW
Indian Penal Law governs the use of BerlinFashion Online Shopping and these terms and conditions.