Terms & Conditions
WHO WE ARE
Belle and Homme (hereinafter referred to as “B&H”, “We”, “Us”, “Our” and terms of similar meaning) is a partnership incorporated under the laws of India and provides access to https://belleandhomme.com/ (collectively the “Platform”) to users and viewers who register on or visit the Platform (hereinafter be referred to as “You”, “Your” as applicable).
ABOUT THE PLATFORM
The Platform is a web and mobile based platform operated by B&H on the terms and conditions of use as set out herein and as may be amended from time to time in the manner as set forth herein below (“Terms”). The Terms are applicable in regard to use of the Platform and purchase of the Offerings through the Platform and/or any physical in-store purchases by You.
ABOUT THE TERMS
The Terms published herein is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
PRODUCTS AND SERVICES OFFERED BY US
B&H provides You with access to various hair, hair accessories and hair care related products and services (“Offerings”) including but not limited to:
1. Sale of Products;
2. Customizing the hair products, including coloring, fittings and such other customization;
3. Product maintenance;
4. Virtual try on services;
5. Virtual consultation services;
6. Styling services;
7. Maintenance Services;
8. Washing, Conditioning & Drying Services; and
9. Replacement/Refurbishment Services.
DEFINITIONS
For the purpose of these Terms:
“Content” shall refer to any content shared by Us, or persons authorised by Us in any form whatsoever on the Platform or otherwise and including but not limited to photographs, text, graphics, logos, button icons, images of the Products or B&H and any information shared pursuant to the same. Content also includes comments and feedback shared on the Platform. B&H may, from time to time, release new features or Content on the Platform, or introduce other Products and/or services on the Platform and B&H reserves the right to exclude any of the features or Products or other Content at its sole discretion at any time. Any such amendments or modifications to the Platform will be subject to these Terms as well as any additional terms of use that We may be included for those specific Products or features so included.
“Offering” shall include all Products and Services and shall include such offerings which maybe incidental or ancillary to the Products and Services.
“Products” shall include all products displayed on the Platform from time to time, including but not limited to, high-quality hair wigs, extensions, toppers and related products and the features in relation to each such product as set forth above; and
“Services” shall include the Services as defined under the Privacy Policy.
BY USING THE PLATFORM, YOU REPRESENT AND WARRANT THAT
1. You have read, understood and agree to these Terms, including that You consent to the terms contained in the Privacy Policy detailed in https://belleandhomme.com/pages/privacy-policy (“Privacy Policy”). Please read these Terms carefully before using the Platform and its Offerings. These Terms constitute a binding and legal agreement between You and B&H. In order to use and access the Products through the Platform, You must agree to these Terms. B&H reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time.
2. You are at least 18 (eighteen) years old or the legal age under the law applicable in the jurisdiction from where You access the Platform, or You are at least 18 (eighteen) years old or the legal age under the law applicable in the jurisdiction from where You access the Platform and You have given us consent to allow Your minor dependants to access the Platform;
3. You have the lawful authority and capacity to contract and be bound by these Terms;
4. If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity;
5. You will comply with all applicable laws and regulations; and
6. You will not provide any Feedback (defined in clause V) which is abusive, libelous, unlawful or otherwise obscene in nature.
These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. Continued use of any Platform and/or Products after any such changes shall deemed to constitute Your consent to such changes without any act or deed.
ACCESS TO THE PLATFORM
While You need not mandatorily register with the Platform for viewing the Products of B&H, You may choose to create an account at Your discretion (“Account”) by completing the registration process (i.e., by providing Us with current, complete and accurate information as prompted by the applicable registration form). You may also register on the Platform by using Your Facebook and/or Google and/ or X and/or such other social media username and password. Using Facebook and/or X and/or or Google connect allows Us to personalize and enhance Your experience while using and accessing the Platform, based on Your personal information, profile, likes, and other relevant information. When You use this feature, You acknowledge that you have read and agreed to the Privacy Policy and You expressly consent to information about Your activity on the Platform (i.e. what You have listened, what You have liked, ratings given by You, etc.) being continuously released and automatically posted on Your Facebook and/or X and/or or Google account (which has been used to log in) and made available to Your friends on Facebook and/or X and/or or Google. You may control the information being shared through Facebook and/or X and/or or Google by changing Your account/privacy settings.
However, at the time of placing an order or booking an appointment/slot for availing the Offerings, You will have to provide certain details including, without limitation, delivery address, billing address, contact information, and such other information to enable Us to process Your order and deliver the Offering. You agree and undertake to provide accurate, true and complete information with respect to the same. We shall not be held liable for any damages, costs, charges or liabilities incurred by You, due to any incompleteness, or inaccuracy in the information provided by You, to Us.
By registering, You agree to the Terms stated herein and each registration is for a single individual user only.
By registering and creating Your Account on the Platform, You agree to:
1. provide accurate, current and complete information as may be prompted (“Registration Data”) and maintain and undertake to update the same in respect of any changes;
2. maintain the security of Your password;
3. accept all risks of unauthorized access to the Registration Data and any other information You provide to Us;
4. notify Us immediately of any breach of security or any unauthorized use of Your Account;
5. not authorize, assign or otherwise transfer Your Account to any other person or entity;
6. operate through the account created by You and in no event use another user’s account for any purpose or objective;
7. be responsible for all activity on Your Account and to use and operate the same in accordance with applicable law; and
8. not authorize others to use Your Account.
9. not create or access more than one Account.
10. not assign or otherwise transfer Account to any other person or entity.
RESTRICTIONS ON USE OF THE PLATFORM
Your use of the Platform is further subject to the following restrictions. You are prohibited from:
1. Reproduce, transfer, sell, resell, or otherwise misuse any Content from the Platform in any manner other than as permitted under these Terms.
2. Access, use or tamper with the non-public areas of B&H’s Platform, network or our system.
3. Reverse Engineer or try to reverse engineer any of the proprietary aspect of the Platform wholly or in part.
4. Breach or circumvent or attempt to break or circumvent our authentication and security processes and measures of B&H’s systems or networks.
INTELLECTUAL PROPERTY OF B&H
We hereby acknowledge that You may provide certain communications, ideas, comments, feedback etc., to Us, in whatever form and through whatever medium, for the purpose of, or in relation to the Offerings/the Platform and/or Us (“Feedback”). You agree that We have the absolute right to publish, advertise, edit, translate, copy, or use the Feedback in any other manner, for the purpose of our business, and so long as such use by Us does not expose Your Personal Information (as defined in the Privacy Policy), we shall do so without consultation or concurrence with You.
‘B&H’ and other marks indicated on our Platform and/or the Offerings are trademarks or registered trademarks of B&H in the Indian jurisdictions. All Content included on the Platform, such as photographs, text, graphics, logos, button icons, images and software, is the sole and exclusive property of B&H, its affiliates or its content suppliers.
The compilation of all content on this Platform is the exclusive property of B&H. The trademarks, service marks, and logos used and displayed by B&H, in any manner on the Platform or in any of the Content are B&H’s registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to B&H’s users, advertisers, or third parties as displayed on the Platform are the owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.
All other trademarks not owned by B&H that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by B&H.
Such propriety trademarks or logos belonging to B&H or its and suppliers, advertisers, any users or third parties are protected pursuant to relevant laws. All rights are reserved and You may not alter or obscure such proprietary mark or name or logos, or link to them without Our prior approval of B&H or the respective owners of such proprietary mark.
All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, services offered vide the Platform, vests with B&H. The service provided by the Platform contains proprietary and confidential information. You agree that You shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform and access the service offered therein in accordance with these Terms. No portion of the Platform shall be reproduced in any form by You.
PAYMENT AND REPLACEMENT
Prior to accepting an order or an appointment we shall request additional information from You, in case You have not registered with us. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in cancellation of Your order. You shall indemnify B&H in case of any loss incurred by B&H resulting from such false information.
Display of the Offerings on the Platform are to be construed as ‘invitation to offer’ and not ‘offer to contract’. Placement of order or appointment by You on the Platform is an offer to buy the Offering which shall not be construed as Our acceptance of Your offer to buy the Offering(s) ordered. We reserve the right to refuse or cancel an order/ appointment for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by Our credit and fraud avoidance department.
The payment options (including by way of equal monthly instalments) available to You are:
1. Credit card;
2. Debit card; and
3. Electronic wallets.
Equal Monthly Instalments: Customers have the option to pay for the Products under equal monthly instalment schemes through any of the modes listed above. The terms of such equal monthly instalments shall be as specified by the relevant bank/financial institution facilitating the same. Statutory taxes levied by the banks on the charges levied by them and/or for the facility, shall be borne by the Customer.
Shipping, Exchange and Replacement of Product: Shipping, exchange, replacement and refund in regard to the Offerings shall be as per the Shipping & Returns Policy detailed in https://belleandhomme.com/pages/shipping-returns
DISCLAIMER OF WARRANTIES
Products
You undertake to take all the necessary measures to preserve in good condition all the Products ordered. You further acknowledge that We are entitled to (without notice to You) cap the maximum number Products which You can purchase from the Platform and the same shall be as per our absolute discretion. In the event the quantity restrictions are to be waived, please contact us at contactus@belleandhomme.com
Terms of use supplemented by Product specific conditions, which may be displayed with that Product. The terms of use of the Product shall be at all times strictly followed, failing which B&H shall disclaim all warranty obligations over the Product. In case of any dispute/ contradiction between these terms and any Product specific conditions, the Product specific conditions shall prevail to the extent of such dispute/contradiction in relation to the use of such Product.
Delivery
The following are the indicative timelines and shipping fees applicable for orders placed within India and outside India. However, the delivery timelines as indicated below may vary depending on the Offering, relevant customisations and/or location of the Customer:
|
Delivery Destination |
Logistics Partner |
Indicative Timeline |
Tentative Cost (inclusive of applicable Taxes/Duties) |
|
India |
[●] |
[●] |
[●] |
|
[●] |
[●] |
[●] |
[●] |
Refunds
You, as a buyer, shall be entitled to claim a refund of the transaction price paid for the Product (as Your sole and exclusive remedy) in case You do not receive the delivery of the Product within the time period agreed in the transaction or within the time period as provided in the policies, whichever is earlier. In case You do not raise a refund claim using Platform features within the stipulated time, then the same would make You ineligible for a refund.
Services
The Services will be provided by us, as per these Terms, and as per the relevant descriptions in the Platform. The Services shall in no case constitute a medical opinion or such other similar opinion which is required to be provided by a certified professional and the Services shall be provided on an “as is” basis without any warranties, representations or conditions of any kind and without any endorsement.
You acknowledge that we may require access to Your device camera through which we may access certain Personal Data, such as Your retinal and facial data, for the purpose of providing certain Services such as ‘Virtual Try-On’ services and virtual consultation services. Any such data collected by us, shall be dealt with in a manner as provided under the Privacy Policy. We advise You to peruse and understand the Privacy Policy before availing such Services.
Certain Services maybe provided through the Platform and/or other third party applications, which may occasionally become subject to repair, maintenance and/ or operational defects (“Snags”), and such incidents may result in a delay or postponement of the Services. we shall (on a best effort basis), wherever possible, provide a notice to you, upon the occurrence of such Snags and supply you with alternate timelines for the Services. We shall not be liable for any such delay or postponement of Services, provided the same is not a result of wilful negligence by Us. If the alternative timelines are not acceptable for you, you may apply for a refund, for the Services delayed by the Snags (this shall be Your sole remedy in this case).
Content
B&H does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of Content, and disclaims all liabilities arising from or related to Content.
B&H strives to present the best description and present the Products being sold on the Platform as accurately as possible, however, some product characteristics may be altered slightly. B&H has made every effort to display as accurately as possible the colours of Products that appear on our site. We cannot guarantee that the display of any colour on any particular device will be accurate. Despite all precautions by B&H, there may be inadvertent errors, and Company shall not under any circumstances be held liable should this arise. The photographs of Products shown on the Platform are not contractually binding. Under no circumstances may Company be held liable on the basis of said photographs or description of the products being sold. In particular, the information about pricing, specifications and in general case all information about Products is subject to change without notice. It is possible that there could be errors or omissions in the information provided on the Platform. The information could also be incomplete. B&H is not responsible for any errors, omissions or representations on the Platform. B&H hereby explicitly and specifically disclaims any and all representations, warranties or guarantees, whether written, oral, expressed or implied with respect to the Content on Platform, B&H or any third party including, without limiting the generality of the foregoing, any warranty as to the quality, value, fitness or merchantability of the Products offered to be sold on the Platform.
THE COMPANY NEITHER GUARANTEES OR CAN WE WARRANT THE ACCURACY OF THE COLOUR AND DESCRIPTION OF THE PRODUCT.
B&H ensures that all the products or services provided by it are of good quality. However, in the event the any products or services purchased / received / availed by You causes side effects or doesn’t suit You, please note that B&H is in no manner responsible for any such side effects, unless it is caused solely due to reasons attributable to Us. You should carefully read the individual terms and conditions in relation to the products and services before the use of the same.
You acknowledge that by registering on our Platform, and/or purchasing/ordering Our Offerings through our Platform, You are “Opting In” to receive (to the contact information provided to Us) promotional, targeted and/or informational communications from us, through Short Message Service (SMS) or any other commonly used medium and that such communications will not constitute “unsolicited” promotions/ marketing or ads, since Your registration/ purchase/order with or through or Platform constitutes solicitation. You further agree that this may be regardless of whether your contact information is registered under DND Registry as maintained by the Telecom Regulatory Authority of India (TRAI), or its equivalent (in case of Customers outside India). However, You reserve the right to “opt out” of such communications by providing a notice to the Grievance Offer (as defined in the Privacy Policy), of your intention to opt out of such communications, this shall not prevent us from sending you SMS text messages which are directly regarding your account in the Platform and/or regarding any order placed by You, previously or in the future.
B&H disclaims all responsibility with respect to any action taken by You in reliance upon the Content of the Platform. B&H also disclaims any kind of damage; personal injury or death; lost profit, goodwill and data or business interruption takes place due to the use of the Platform, B&H will not be responsible for it.
Platform
The Platform is provided to You strictly on an ‘as is’ basis. Notwithstanding anything contained in these Terms, B&H does not warrant that the Platform: (i) will perform error-free or uninterrupted, or that B&H will correct all or any errors or defects (ii) will operate in combination with Your devices (such as desktops, laptops, tablets, mobile phones), or with any other hardware, software, systems or data not provided by B&H, (iii) will meet Your requirements, specifications or expectations.
B&H further acknowledges that B&H does not control the transfer of data over communications facilities, including the internet, and that the Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; We are not responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of the platform that arise from the Your Content.
You acknowledge and agree that the entire risk arising out of Your use of the Platform and/or availing any services remains solely with You. Your use of the Platform includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that Your electronic submissions on the Platform constitute Your agreement and intent to be bound by and to pay for the services provided by the Platform.
Third Party Products
B&H specifically disclaims all warranties and responsibility over any third-party products, if any, sold/marketed on the Platform or our physical store(s).
B&H and the Platform is only a marketplace for the users with respect to third party products. We do not hire or employ any producer or distributor of third-party products nor are we responsible or liable for any interactions involved between the users and manufacturers or distributors of such third party products. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of the users and such third parties, including, but not limited to, any user's reliance upon any information provided by another user.
INDEMNIFICATION
By accepting these Terms and using the Platform, You agree that You shall defend, indemnify and hold B&H, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
1. Your violation or breach of these Terms or any applicable law or regulation in regard to the Platform, the offerings and/or Us;
2. Your violation of any rights of any third party, in regard to the Platform, the offerings and/or Us;
3. Your use or misuse of the Platform or Offerings; or
4. Any and all third-party claims based upon the content of any communications transmitted by You; or
5. Any fraud or negligence of Your use of the Platform or Products.
LIMITATION OF LIABILITY
When legally required or at B&H’s discretion, B&H will cooperate with law enforcement agencies including sharing of confidential information in any investigation of alleged illegal activity on this Platform.
B&H does not endorse any advertiser or any third party product on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Notwithstanding anything to the contrary contained in this Terms and Conditions, the maximum aggregate amount to which the You are entitled with respect to any dispute between You and B&H shall be limited to the amount paid by You as consideration for purchase of the Product or availing any Service through the Platform. Further, We shall not be responsible, in any case, for any indirect, incidental, consequential losses, loss of profits, loss of goodwill, loss of reputation or such other losses suffered by You, in regard to Us/the Platform and/or the Offerings.
You expressly waive and release B&H from any liability, claims or damages arising from or in any way related to use of the third-party product on the Platform.
B&H will not be a party to disputes, negotiations of disputes including but not limited to payments between the users of the Platform and any third party.
JURISDICTION
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE ARISING FROM THE USE OF THIS WEBSITE OR FROM THESE TERMS WILL BE GOVERNED BY THE LAWS OF INDIA WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PROVISIONS.
You further consent to the exclusive jurisdiction of the courts of Chennai as the forum for issues arising out of the use of this Platform or from these Terms.
MISCELLANEOUS
Termination: Any breach or noncompliance of any of the above Terms by You shall, without prejudice to any other right or remedy available to us at law or contract, entitle Us to forthwith (i) revoke/suspend Your access to the Platform, and/or (ii) stop providing the Offerings, and/or (iii) restrict You from availing the Offerings in the future. Any time period provided, for You to remedy Your breach or non-compliance shall be at our sole discretion.
Effect of Waiver: To the extent that anything in or associated with the Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform.
Cessation of Operation: The Company may at any time, by its sole discretion and without advance notice to You, cease operation of the Platform and provision of any Product or Service.
Force Majeure: B&H will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, pandemic, epidemic, labour strike, lockout, or boycott.
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below, in writing or through email, signed with the electronic signature:
e-Mail: customersupport@belleandhomme.com
Address: Belle & Homme, 38 Malony Road, T Nagar, Chennai – 600 017
Grievance Officer: Ms. Sunitha
Survival: Rights and obligations under the Terms and Privacy Policy which by their nature should survive will remain in full effect after termination or expiration of the registration to the account on the Platform.
Copyright Notice
© Belle and Homme. All Rights reserved.
This disclaimer/terms of service notification is subject to change without notice.
