Terms of service
This website is operated by BOTTEGA PEREIRA LLP
Terms & Conditions
Welcome to bottegapereira.com. Bottega Pereira and/or its affiliates provide website features and other products and services to you when you visit or shop at bottegapereira.com, use Bottega Pereira products or services, or use the software provided by Bottega Pereira in connection with any of the foregoing.
Bottega Pereira provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Bottega Pereira (“Company” or “us” or “we” or “bottegapereira.com”).
This document is an electronic record in terms of the 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. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
INTERPRETATIONS AND DEFINITIONS:-
Interpretation
The words in which the initial letter is capitalized have meanings defined under the following conditions.The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For these Terms and Conditions:
● “Account” means a unique account created for You to access our Service or parts of our Service.
● “Company” (referred to as either "the Company," "We," "Us," or "Our" in this Agreement)
● “Content” refers to content such as text, images, or other information that can be posted, uploaded,
linked to, or otherwise made available by You, regardless of the form of that content.
● “Device” means any device that can access the Service, such as a computer, a cell phone, or a digital tablet.
● “Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
● “Products” refers to the products or items offered for sale on the Service.
● “Orders” means a request by You to purchase Products from Us.
● “Promotions” refer to contests, sweepstakes, or other promotions offered through the Service.
● “Service” refers to the Website.
● “Terms and Conditions” (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions Agreement was generated by TermsFeed Ecommerce Terms and Conditions Generator.
● “Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
● “Website” refers to Bottega Pereira, accessible from www.bottegapereira.com
● “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLEDGEMENT:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
RIGHT TO CHANGE
Bottega Pereira reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Website.
PRIVACY
We view the protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information are one of our most important assets. We store and process Your Information, including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way, please do not use the Website.
ELECTRONIC COMMUNICATIONS
When you use any of our Services or send emails to us, you are communicating with us electronically. You, by using our services, consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Bottega Pereira owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Website belonging to Bottega Pereira without obtaining authorization from it.
Users shall not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights. Bottega Pereira does not have any express burden or responsibility to provide the Users with indications, markings, or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, the User warrants that the owner of such material has expressly granted Bottega Pereira the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also allows any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants Bottega Pereira the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of Bottega Pereira, its subsidiaries, affiliates, and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our email wecare@bottegapereira.com and include in Your notice a detailed description of the alleged infringement.
It is pertinent to state that You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content infringes Your copyright.
TRADEMARKS
The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Bottega Pereira protected by copyright as a collective work under the applicable copyright laws. Bottega Pereira owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of Bottega Pereira and the copyright owner is permitted.
If copying, redistribution, or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. The User acknowledges that he/she/does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with Bottega Pereira shall not be deemed to be in the public domain but rather the exclusive property of Bottega Pereira unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Bottega Pereira unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
Bottega Pereira respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to ‘Customer Care by way of an email as provided herein below.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Bottega Pereira reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Website registration form or provided by You as a Visitor or user of a third-party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Bottega Pereira has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of Bottega Pereira and Bottega Pereira owes no responsibility to provide you any information regarding such change.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself, and that Bottega Pereira shall in no manner be held responsible for the same.
PROHIBITED USES
This Interface is to be used for lawful purposes only. You may not use the Interface if you are under the age of 18, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or that breaches any applicable local, national or international law or regulation, to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of solicitation, marketing, transaction, video, photo, sound, notice or advice; to knowingly transmit any data, send or upload any Content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, to reproduce, duplicate, copy or re-sell any part of the Interface in contravention of the terms of this User Agreement; and to interfere with, cause damage or disrupt: (i) any part of the Interface; (ii) any equipment or network on which the Interface is stored; (iii) any software used in the provision of the Interface; or (iv) any equipment or network or software owned or used by any third party
ORDER CANCELLATION BY BOTTEGA PEREIRA
Due to unavoidable circumstances, there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Bottega Pereira reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being canceled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by Bottega Pereira.
SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate Bottega Pereira for the cost of processing your order, handling and packing the products you purchase, and delivering them to you. For further information, please refer to our Shipping & Payment Policy.
PAYMENT
While availing any of the payment method/s offered by us, we are not responsible or carry no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you, including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
All payments made against the purchases/services on Bottegapereira.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by Bottega Pereira. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a foolproof online shopping environment for our users.
DELIVERY
Bottega Pereira endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Bottega Pereira fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Bottega Pereira may at its discretion, charge you for additional shipping costs.
REFUNDS & RETURNS
Bottega Pereira shall make all endeavors to deliver defect-free products to the purchasers. Bottega Pereira does not take title to any returned items purchased by the user unless the item is received by Bottega Pereira. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to BottegaPereira within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty, even in case the said product has been wrongly delivered.
Bottega Pereira holds the sole discretion to determine whether a refund can be issued. For further information, please read our Returns & Exchanges Policy.
PRODUCT DESCRIPTIONS
Products displayed on Bottegapereira.com attempts to be as accurate as possible. However, Bottega Pereira does not warrant that product description or other content is accurate, complete, reliable, current, or error-free. If a product offered by Bottega Pereira is not as described, your sole remedy is to contact Bottega Pereira within 48 hours of receipt, and Bottega Pereira reserves the right to provide a solution as per its discretion. Bottega Pereira is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
PRODUCT COMPLIANCE
Products displayed/ sold on the Bottega Pereira website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
PRODUCT PRICING DISCLAIMER
Prices shown on the website are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes, which may be extra as applicable.
AVAILABILITY AND ERRORS
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
PRICES POLICY
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
PROMOTIONS
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
INACCURACY DISCLAIMER
From time to time, there may be information on our Website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Bottega Pereira reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
WARRANTIES & LIABILITY
All information, content, materials, products (including software), and other services included on or otherwise made available to you by Bottega Pereira are provided on an as-is and as-available basis unless otherwise specified in writing. Bottega Pereira makes no representations or warranties of any kind, express or implied, as to the operation of the services or the information, content, materials, products (including software), or other services included on or otherwise made available to you through Bottega Pereira unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
Bottega Pereira does not warrant that this Website will be constantly available or available at all or that any information on this Website is complete, true, accurate, or non-misleading.
We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk and that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that Bottega Pereira shall not be liable for any damages of any kind related to your use of this Website.
Bottega Pereira shall make all endeavors to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this site, information, content, materials, product (including software), or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on the Website constitutes or is meant to constitute advice of any kind.
Bottega Pereira will not be liable for any damages of any kind arising from the use of any service or from any information, content, materials, products (including software), or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
INDEMNITY
You agree to indemnify and shall not hold Bottega Pereira (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
BREACH
In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide, or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.
Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limiting your activity, removing your information, temporarily/indefinitely suspending or terminating or block your membership, and/or refusing to provide you with access to this Website.
SEVERABILITY AND WAIVER
SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
CHANGES TO THE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
DISPUTE RESOLUTION:-
Any disputes arising out of this User Agreement shall, as far as possible, be settled amicably between the parties hereto, failing which the following shall apply.
The Parties shall resolve the issue through Arbitration consisting of three members. Each Party shall Nominate their respective Arbitrator, and the Third Arbitrator shall be appointed by the Hon’ble Madras High Court. The Seat of the Arbitration shall take place in Chennai.
This Agreement and all issues arising out of the same shall be construed in accordance with the laws of India, and Courts in Chennai, Tamil Nadu, will have jurisdiction to adjudicate the issues arising out of this Agreement.
GRIEVANCE
Any grievances you have by way of the use of the website can be addressed to ‘Customer Care by way of email to wecare@bottegapereira.com
The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
GOVERNING LAW
These Terms and Conditions or the documents of third-party payment channels shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of the Information Technology Act, 2000 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
FORCE MAJEURE
If and to the extent that a Party’s performance of any of its obligations under this Agreement is hindered or delayed by flood, earthquake or any acts of God, Pandemic including Covid-19, Acts of War, Terrorism, riots, civil disorders, rebellion or revolutions or any other similar cause beyond the reasonable control of the such party and for such non performance, hindrance or delay, as applicable, for those obligations affected by the Force Majeure Event for as long as such Force Majeure Event continues and as such Party continues to use its best efforts to recommence performance whenever and into whatever extent possible without delay, including through the use of alternative sources, work around plans or any other means. The Party whose performance is prevented, hindered, or delayed by a Force Majeure Event will immediately notify the other Party of the occurrence of the Force Majeure event and describe in reasonable detail the nature of the Force Majeure Event.