Terms & Conditions

Welcome to WWW.BEAUTYBARN.IN( hereinafter referred to as the “Website”). The terms “we,” “our,” “ours,” and “us” used below refer to Beauty Barn India, and the terms “you,” “your,” and “yours” refer to the user. By mere use of the Website/App, you are contracting with Us and these Terms including the policies, represent a binding contract between You and Us.

Beauty Barn provides its services to you subject to the notices, terms, and conditions set forth in this agreement (hereinafter referred to as the “Terms”). In addition, when you use any www.beautybarn.in service, you will be subject to the rules, guidelines, policies, terms, conditions and documents applicable to such service, and they are incorporated into these Terms by this reference. These Terms are formulated in accordance with the Information Technology Act, 2000 read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Therefore, you should read these Terms carefully before you start to use the Services. We retain the right to deny access to anyone who violates any of these Terms.

ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES YOUR AGREEMENT TO THESE TERMS, SO YOU ARE ADVISED TO READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

1. YOUR ACCOUNT

1. You are eligible to register on this site only if you are an adult (subject to the Indian Contract Act, 1872), and if you are a minor accessing our website/App, then we consider that a legal guardian guides you.
2. By registering on this site, you warrant that you fully understand and agree to the terms of our policy. You comply with the responsibilities for maintaining the confidentiality of your account and password, and you shall be responsible for all activities under your account and password. You further comply with providing correct and valid information in any manner. If any suspicion arises regarding the information you provided being incorrect or invalid, we reserve the right to suspend or terminate your access to our website
3. For your convenience, guest checkout is available; however, creating an account enhances your overall shopping experience by enabling features such as order tracking, personalized recommendations, and faster checkouts for future purchases.
4. You may not authorize third parties to access any accounts that you have created on the Website/App. You are responsible for all activity that occurs under the accounts you have created on the Website.
5. Please note that our Sale Events might restrict the use of reward points, this is because we are not offering you some of our steepest discounts yet! However, this can vary depending on the terms and conditions of each specific sale or promotion.

2. USER CONTENT

1. “User Content” will include (but is not limited to) images, photos, reviews, audio, videos, text, or other forms of data.
2. By using the Website, you grant us a worldwide, perpetual, unrestricted, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit User Content, but only for the limited purposes of providing the services to you and as otherwise permitted by our privacy policies. This license continues even after you stop using our Website/App. You acknowledge that this license includes the right for us to make User Content available to other users of the Website/App, who may use User Content subject to these Terms.
3. You can remove your content by deleting it, however in certain circumstances User Content may not be completely removed, and copies of User Content may continue to exist on the Website/App. We are not responsible or liable for the removal or deletion of (or failure to remove or delete) any of User Content.
4. We do not endorse or control the User Content transmitted or posted on the Website/App and therefore, accuracy, integrity or quality of User Content is not guaranteed by us. You understand that by using the Website/App, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances we will be liable in any manner whatsoever for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
5. You hereby acknowledge that we have the right, but not the obligation, in our sole discretion to refuse to post or to remove any User Content and further reserves the right to change, condense, or delete any User Content. You agree not to provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering, gambling, libellous, hateful, racist, violent, obscene, pornographic, unlawful or otherwise offensive, as determined by us in our sole discretion, whether or not such material is protected by law. We may, but shall not be obliged to review, monitor or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

3. LIMITED LICENSE

1. Website/App or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent..
2. We hold the right to terminate your account anytime, without notice, from accessing our Website/App.

4. INTELLECTUAL PROPERTY RIGHTS

All the material and content available on this site, including images, illustrations, digital downloads, data compilations and software, graphics, button icons, text, logo, photographs, sounds, music, videos, and other related materials, are owned by (www.beautybarn.in), and Indian and International Copyright Laws protect it. It is prohibited to copy, reproduce, republish, upload, download, post, transmit, translate, modify, or distribute any parts of the Website/App and its content, in any manner, without the consent of www.beautybarn.in. If you use this material with our prior written consent, apart from personal, non-commercial purposes, it shall be considered copyright infringement. You shall be liable for a penalty in any manner if you fail to comply with this rule and misuse the available material.

5. PAYMENTS

1. Payment Method: All transactions on the Website/App are processed through the CCavenue payment gateway. You agree to provide accurate and complete information when making payments and authorize us to collect payment for any purchases made.
2. Payment Process: Once the order is placed, you will be redirected to the CCavenue payment gateway for payment processing if you choose an online payment method. You will be required to provide payment details (such as debit/credit card details, internet banking credentials, etc.) to complete the transaction. Alternatively, if you choose the Cash on Delivery (COD) option, the payment will be collected at the time of delivery by the delivery personnel.
3. Payment Confirmation: Upon successful payment processing through CCavenue, you will receive a confirmation receipt of the transaction. If COD is chosen, you will receive an order confirmation via email or SMS. For online payments, the confirmation will include details of your order, payment amount, and transaction reference number. In the event of a failed transaction, we are not liable for any charges or penalties levied by your bank or payment provider.
4. Security of Payments: Your payment details are securely processed by CCavenue using industry-standard encryption methods. We do not store sensitive payment information such as credit/debit card numbers or passwords, and it is your responsibility to ensure the confidentiality of your payment details. For COD orders, payment is made directly to the delivery person at the time of receiving the goods.
5. Currency and Charges: All transactions are processed in INR (Indian Rupees) unless otherwise stated. You may be subject to additional transaction fees, including foreign exchange conversion charges, imposed by your bank or payment provider. These charges are not our responsibility. For COD orders, the total order amount must be paid in INR upon delivery.
6. Fraud Prevention: We take fraud prevention measures seriously. In the event of suspected fraudulent activity, we reserve the right to cancel any order, suspend accounts, or take appropriate legal action. If a payment is suspected of fraud, we may refuse to process or refund such payments. For COD orders, we may refuse service or cancel the order if there is a history of fraud or non-payment.
7. Refunds and Cancellations: Refunds for orders, when applicable, will be processed according to our Return, Refund, and Cancellation Policy. Refunds for COD orders will be issued once the returned item(s) have been received and inspected. Refunds for online payments will be credited back to the payment method used during the transaction via CCavenue or any other payment method at our discretion.

6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

1. The site is presented “as is basis.” Neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
2. You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of vanity wagon. we make no representations or warranties that defects or errors will be corrected.
3. Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether, in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed the total amount paid by you to us for purchases on our platform in the 12 months preceding the claim.
4. You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.
5. We do not warrant that the access or usage of the Website/App will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Website/App will be accurate or reliable.
6. You agree that no claims or action arising out of, or related to, the use of the Website/App or these Terms may be brought by you more than 1 (one) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the Website/App, termination of your use of the Website/App is your sole remedy. We have no other obligation, liability, or responsibility to you.
7. Health Disclaimer: The products available on the Website/App are not intended to diagnose, treat, cure, or prevent any disease. If you are pregnant, nursing, taking medication, have a history of heart conditions, or are dealing with specific skin concerns, we strongly recommend consulting a physician or dermatologist before using any of our products. Individual results may vary, and the results of using our products are not guaranteed or typical for everyone. Always perform a patch test before using any skincare product to check for potential allergies or sensitivities
8. We provide information on skincare products for general informational purposes only. While we recommend consulting with a dermatologist or skin care professional before using certain products, especially those containing potent actives or ingredients, we do not guarantee the effectiveness, safety, or suitability of any product for individual use. All products are sold “as-is,” and we make no warranties, express or implied, regarding the results, effects, or outcomes from using any of our products. Users are solely responsible for determining the appropriateness of products for their skin type, conditions, and needs.

7. USE OF PREDICTIVE ALGORITHMS

1. We utilize predictive algorithms powered by Artificial Intelligence (AI) to enhance user experience, including personalized product recommendations, dynamic pricing, and content delivery. These algorithms analyze user behavior, preferences, and other data to provide relevant suggestions or services.
2. As per the Intermediary Guidelines under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, we ensure that the use of predictive algorithms is transparent and the underlying logic is disclosed to you. You will be informed of the nature of automated decisions made by AI-based systems and are provided with the option to modify their preferences or opt-out of personalized recommendations if desired.
3. By using the Website/App, you consent to the processing of your data for AI-based predictions. You retain control over the data you share with the platform and can choose to modify or delete your personal information from our system. In the event of a decision solely based on automated processing that significantly affects you, such as pricing or product availability, you will be given an opportunity to contest the decision and receive human intervention.
4. We are committed to safeguarding your privacy and security. The data collected for predictive analytics is processed in compliance with applicable data protection laws, including the Data Protection (DPDPA) and relevant provisions of the Indian Information Technology Act, 2000. We ensure that the AI models are regularly audited for compliance and to mitigate any unintended bias or discrimination.
5. We take full accountability for the operation of predictive algorithms and ensure they comply with applicable laws and regulations, including The Information Technology (Intermediary Guidelines and Digital Media Ethics Code).. In case of any grievances regarding the use of AI-powered algorithms or related automated decisions, users can file complaints with our grievance officer, as outlined in under clause 18.
6. We adhere to ethical AI principles to prevent any discrimination or bias in the algorithms. We regularly evaluate the AI models for fairness, transparency, and accuracy. Users’ personal data is handled with the utmost care and only used for the purpose of improving user experience, in accordance with our Privacy Policy.

8. ADVERTISEMENT

1. The platform reserves the right to display advertisements for products and services on the Website/App. These advertisements may be related to products sold on the platform or third-party offerings. Advertisements will be shown to users in a manner that is consistent with our design and user experience.
2. While we strive to provide accurate and up-to-date information in all advertisements, we do not guarantee the accuracy, completeness, or reliability of the content in advertisements. The platform will not be responsible for any errors or omissions in advertisements, nor for any loss or damage resulting from reliance on such content.
3. Inclusion of any advertisement or third-party products or services on the platform does not imply endorsement, sponsorship, or recommendation by the platform, unless explicitly stated. Users are advised to exercise their own discretion when considering any advertised product or service.

9. THIRD-PARTY SITES AND LINKS

1. Our service may contain links from other third parties, which we do not control. We are not responsible for any third-party websites, and by clicking on those links, you do so solely at your own risk.
2. We shall not be liable for the actions, or any damages caused by accessing such third-party websites. Carefully review all the third party’s terms and conditions before indulging in any transaction.
3. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

10. SITE SECURITY

1. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
   • Accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
   • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
   • Attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”
   • Sending unsolicited email, including promotions and advertising of products or services; or
   • Forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
   • Beauty Barn India reserves the right to scrutinize you and hold you accountable and liable in a court of law if you fail to comply with these terms and threaten the security of our Site.

11. PRIVACY

By using the Website/App, you agree to our Privacy Policy link to the privacy policy, the terms of which are incorporated into, and form a crucial part of, these Terms. Our Privacy Policy sets out the terms on which we process any personal or financial data we collect from you, or that you provide to us. Our Privacy Policy shall also apply to your use of Website/App and by using Website/App, you consent to such processing, and you warrant that all data provided by you is accurate.

12. TERMINATION

1. These Terms of Use are effective unless and until terminated by you or us.
2. You agree that we, in our sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account (or any part thereof) or your use of the Website/App at any time.
3. You agree that any termination of your access to the Website/App or any account you may have or portion thereof may be without prior notice, and you agree that we will not be liable to you or any third party for any such termination.
4. You may terminate these terms and services at any time by informing us that you desire to discontinue the use of our site.
5. If you fail to comply with the rules of our policy, then we can terminate you from using our service at any time without notice. You further agree that we shall not be liable to you or any other third party for such termination of terms of use of our service.
6. Upon termination for any reason of the Terms by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website/App, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of these Terms shall not cancel your obligation to pay for the product already ordered from the Website/App or affect any liability that may have arisen under these Terms.

13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless www.beautybarn.in and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

14. GOVERNING LAWS AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of courts in Delhi, India.

15. ENTIRE AGREEMENT

This Agreement represents the complete agreement between the parties regarding the Website/App and supersedes all prior agreements and understandings.

16. CHANGES TO THE TERMS
We reserve the unilateral right to revise these Terms from time to time, and in any case at least once on an annual basis, and at any time and will inform you of a revision of the Terms, via a medium selected by us, at our sole discretion. We will post the new version of these Terms or any policies on this Website/App and any change or modification to these Terms shall be effective immediately from the date of such upload of the revised Terms on the Website/App. Your continued use of the Website/App following the modifications to the Terms and policies constitutes your acceptance of the modified terms and conditions whether or not you have read them and shall be binding on you. For this reason, you are advised to frequently review these Terms, and other policies.

17. GENERAL

1. By using this Site, you agree to all the terms and conditions of the Website/App and that you grant us the power to govern your conduct in any manner if we suspect you of not abiding by the rules mentioned.
2. We hold the right to change, modify and update these terms and conditions at any time. Your use of this Website/App after revising the terms and conditions shall constitute your compliance with the changed terms and conditions.

18. GRIEVANCE OFFICER

The name and contact details of Our Grievance Officer are as follows:

Name: Swukali K Sumi
Designation: Head of Customer Support
Address: 983/18, Middle Point Colony, Tajen Ao Road, Dimapur – 797112, Nagaland, India.
Contact No: +916009437477, +91 6909812516
Email: care@beautybarn.in

The Grievance Officer can be contacted to report abuse, or to complain against any content hosted, transmitted, published, updated or shared on Website/App.

Dear Valued Customer,

We hope and pray that you are keeping well and healthy at the moment. We would like to inform you that due to this entire pandemic issue, we are working with very limited manpower and scarce logistical support. Owing to which, we have made some temporary policy changes till the time our operations become fully functional. We request you to kindly read the following terms and conditions before you proceed to purchase from our Beauty Barn website.

** Shipping charge is Rs 50 for all orders below Rs 1499.

** Since all orders will have to be manually processed, all tracking numbers will not be readily available in your account like before. It will take minimum 48 hrs for the tracking details to be updated in your account, for which you will have to login to your account to get your AWB number and then track it on Blue Dart’s website. For speed post clients, we will follow the usual method as before.

** Please be informed that you will not receive any automated SMS or emails once your order is confirmed. Only AWB will be updated as mentioned above.

** Customer support will be available as usual but some delays in response may occur. We can assure you that your consignment will reach you safely even though there could be few days of late delivery. Please be patient on this.

** Shipping to those pin codes which fall under containment zones will not be available, or the order maybe be cancelled or refunded.

It’s been five months since Beauty Barn operations were suspended. There is no guarantee as to when this pandemic issue will get over, but the show must go on. We value your support, love and understanding during such times. And as we start again step by step, we will need more of your patience and support, until the time when things come back to normal.

Happy shopping and stay safe everyone.