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Terms & Conditions

Last updated on Nov,2023

TERMS AND CONDITION

By using this website, you agree to be bound by the terms and conditions of this agreement. If you do not agree with any of these terms and conditions, please refrain from using this website. The content of this website is solely for informational purposes, and we reserve the right to make any changes to the website at any time without prior notice. We do not guarantee the accuracy, completeness, or timeliness of any information on this site, and we will not be held liable for any errors or omissions in the content.

We may use cookies to enhance your user experience, and by using this website, you agree to our use of cookies. You are responsible for maintaining the confidentiality of your account information, including your username and password. If you suspect any unauthorized use of your account, please notify us immediately. We reserve the right to terminate your access to this website at any time, without notice, for any reason whatsoever.

By accepting these terms and conditions, you also agree to our Privacy Policy/Disclaimer, which outlines our policies on data collection, storage, and usage. If you have any questions or concerns about our terms and conditions or privacy policy, please contact us.

It is important to understand that these terms and conditions are a legally binding agreement between you and Brandwin.in. They define the rules and regulations that you must follow when using our website and any associated services. Failure to comply with these terms may result in the termination of your account or legal action against you.

Brandwin.in reserves the right to modify these terms and conditions at any time, without prior notice. It is your responsibility to regularly review the terms and conditions to ensure that you are aware of any changes that may affect you. Your continued use of the website following any changes indicates your acceptance of the new terms.

By using our website and services, you agree to abide by all applicable laws and regulations, and you agree not to use the website for any illegal or unauthorized purpose. You also agree not to interfere with or disrupt the website or any associated services.

In summary, we encourage you to read the terms of use carefully and to abide by them in order to ensure a safe and enjoyable experience for all users of our website.

GENERAL CONDITIONS TO KNOW

  • It is important to take note of the general conditions when using the Brandwin.in e-commerce website. First, it is registered in Coimbatore, Tamil Nadu, India under the Companies Act 2013.
  • Only individuals who are 18 years old and above are allowed to visit the website in accordance with the Indian Contract Act of 1872. Minors can use the website under the guidance of their parents or legal guardians.
  • It is the user’s responsibility to ensure the security of their account and any personal information entered into the portal.
  • Login information for the portal is the user’s mobile number and email address provided during account creation.
  • Lastly, users are accountable for any information submitted through their private messages on the website. By adhering to these general conditions, users can have a safe and enjoyable experience when using Brandwin.in.

Regarding them, the portal disclaims all liability.

  • It is important for all users of this platform to carefully read and understand the terms and conditions outlined on the website.
  • By using this service, users agree to abide by these terms and take responsibility for any actions taken on their account.
  • Brandwin.in does not assume any liability for any damages or losses resulting from the use of this platform or any third-party services. It is recommended that users exercise caution when downloading materials or sharing personal information online.
  • When registering as a user, all information submitted must be true, accurate, and compliant with the law.
  • It is completely forbidden for users to submit, publish, upload, or engage in any kind of abusive, harassing, insulting, threatening, hateful, or racially offensive material. Furthermore, the usage of violent, vulgar, obscene, pornographic, or otherwise sexually explicit content is neither supported nor condoned by the website.
  • If you have any questions or concerns about the terms and conditions, please contact our customer support team for assistance.

BRANDWIN.IN TERMS OF SERVICE

  1. TERMS APPLICABLE
  • Before using this website, it is important to read and understand the terms and conditions outlined in this document. By accessing or using this website, you agree to be bound by the terms and conditions set forth herein. If you do not agree to these terms, you must not access or use this website.
  • The terms and conditions of this website apply to all users, including but not limited to, visitors, customers, and any other users of the website. The website reserves the right to modify, update, or change these terms and conditions at any time without prior notice. It is the user’s responsibility to regularly review these terms and conditions to stay informed of any changes.
  • By using this website, the user agrees to comply with all applicable laws and regulations, as well as the website’s acceptable use policy. The user is solely responsible for any content they publish or share on the website, and the website is not liable for any damages resulting from the use of such content.
  • In the event of a dispute, the user agrees that the laws of the relevant jurisdiction will apply, and that any legal action will be brought in the appropriate court or tribunal. By using this website, the user acknowledges that they have read and understood these terms and conditions, and agree to be bound by them.
  1. ACCOUNT, PASSWORD & REGISTRATION

It is important to ensure that the registration process is completed accurately and with truthful information. Any false or misleading information provided during registration may result in the account being terminated. In order to register, the User must provide their full name, email address, and other necessary information as requested on the registration form. It is the responsibility of the User to ensure that their information is up-to-date and accurate. In the event that the User wishes to terminate their account, they may do so at any time by contacting customer support. However, please note that the termination of the account will result in the permanent loss of any data associated with the account.

Once you have completed the registration process, you can start browsing the website and adding items to your cart. You’ll be able to view the total cost of your purchases, including any applicable taxes and shipping fees, before you proceed to checkout. At checkout, you’ll be prompted to confirm your delivery address and select your preferred payment method. The website accepts a variety of payment options to make your shopping experience as convenient as possible. Once your payment has been processed, you’ll receive a confirmation email with all the details of your order. If you have any questions or concerns about your purchase, you can always contact the website’s customer support team for assistance. Happy shopping!

  1. TERMS OF SALES

When making a purchase through our platform, we want to ensure that our users understand the terms of sales. We offer two payment options: payment in person at the time of delivery or online payment at the convenience of the user. However, if payment is not received on time, the order can be cancelled. It is important to note that we will not be held liable for any delays or failures in providing services or delivering goods that are beyond our control, for instance, an act of God or the negligence of third parties. Our platform takes data protection seriously, and we have put measures in place to prevent internet fraud. In the unlikely event of a breach in our secure computer servers or those of third parties, we will not be held liable for any damages incurred. Rest assured that we will continue to prioritize the safety and security of our users’ data.

  1. PRODUCT DESCRIPTIONS

It is important for customers to review and verify all product descriptions before making a purchase. Brandwin.in strives to provide accurate and detailed information about each product, but it is ultimately up to the customer to ensure that the product meets their specific needs and requirements. If there are any questions or concerns about a product description, customers are encouraged to reach out to Brandwin.in’s customer service team for assistance. By taking the time to thoroughly review product descriptions, customers can make informed purchasing decisions and have a positive shopping experience on the platform.

  1. TRANSACTION & COMMUNICATION

When using Brandwin.in for transactions, it is important to understand and agree to the commercial and contractual conditions that may apply. These terms could cover pricing, shipping costs, payment methods, delivery dates, warranties, and after-sale services. However, it is worth noting that any such terms are solely the responsibility of the buyers and sellers, and not the responsibility of Brandwin.in or any of its affiliates. Any promotions, discounts, or offers, including those for exchanges, are made and given by the seller or brand, and not by Brandwin.in. It is important to note that the buyer’s order is based on the products of the seller, and is not intended to constitute the seller’s acceptance of the buyer’s offer to purchase the product(s). If any orders are cancelled by the manufacturer or seller at their discretion, the buyer will be notified via email or text message, and any payments made will be returned to them. If any orders placed by the purchaser are greater than what a typical individual would consume, the seller may cancel the order at their discretion. This applies to both single and bulk orders, where the quantity in each order is greater than the amount consumed by a single person. Please note that what is considered a typical amount may vary from person to person, depending on a variety of variables and at the exclusive discretion of the seller or manufacturer. It is also worth noting that Brandwin.in makes no warranties or guarantees about the goods or services sold on the platform, including quality, value, or salability. The sale or purchase of any goods or services on the platform is not supported by Brandwin.in, either directly or indirectly. Any errors or omissions made by Brandwin.in or third parties are disclaimed by the company. Brandwin.in is not liable for any negligence or violations of agreements made between buyers and sellers. In any event, Brandwin.in is not obligated to mediate or settle any problems between buyers and sellers. Customers are advised to use their best judgment and only verify the legitimacy of any specific Seller they choose to do business with on the Platform. Finally, it is important to note that Brandwin.in is only a provider of communication, and does not acquire ownership of any goods or services offered by the manufacturer or seller during a transaction between the buyer and seller on the platform. In any event, the company has no ownership stake in the items and has no duties or liability related to any agreements made between buyers and manufacturers or sellers.

  1. CONTENTS ON WEB-PORTAL

Brandwin.in is an intermediary provider and, as such, has no control over the contents published on its web-portal. These contents may include text, images, user interfaces, visual interfaces, trademarks, logos, sounds, music, and artwork. It is the responsibility of the user to ensure that any notes, messages, emails, reviews, ratings, billboard postings, pictures, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information uploaded or communicated to the Platform are appropriate and lawful. Brandwin.in reserves the right to use any content published on its platform in accordance with applicable laws as stated in its privacy policy. Users should also note that they are not entitled to any remuneration or reimbursement for using this platform. Parents and legal guardians are advised to exercise caution and discretion before allowing their children to access the content on the site. Some of the contents published on the web-portal may not be appropriate or advisable for youngsters to view. The contents used in this platform are the sole property of Brandwin.in and may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any other way to any other computer, server, platform, or medium for publication or distribution or for any commercial enterprise without the prior written consent of Brandwin.in.

  1. WARRANTY & LIABILITIES

It is important to note that Brandwin.in’s warranty and liabilities are limited. The web-portal, software, and services are provided “as is” and “as available.” This means that there is no guarantee that the website will always be accessible or that its content is entirely truthful. Brandwin.in will not be liable to you in any way in regards to the web-portal’s contents, use, or any other aspect of the platform. Additionally, the website does not guarantee that its servers, information, content, materials, products, or services are free of viruses or other harmful components. It is also important to note that the information provided on the platform should not be construed as advice of any kind. Each product sold on the platform is subject to the laws of the state in which it is purchased. If the seller is unable to deliver a product because of the effects of a different state’s law, the seller will refund or credit the amount that was paid in advance from the sale of the product that was unable to be delivered to the customer. When placing an order on the web-portal, it is mandatory to enter a working phone number. By providing a phone number, you give Brandwin.in permission to call, text, use mobile applications, or contact you via any other electronic means to update you on your order, shipment, or delivery. Your personal information won’t be used to start any SMS or phone calls for marketing purposes.

  1. LAWS APPLICABLE

The Buyer and the Seller must abide by several laws, including the Foreign Exchange Management Act of 1999, the Exchange Control Manual, the Customs Act, and the Information and Technology Act of 2000 as amended by the Information Technology (Amendment) Act 2008. They are also subject to the Prevention of Money Laundering Act of 2002, the Foreign Contribution Regulation Act of 1976, the Income Tax Act of 1961, and the Export Import Policy of the government of India when using the Payment Facility and Brandwin.in web-portal. If Brandwin.in has reason to believe or knowledge that any of its Manufactures/Sellers and Buyers are involved in any activity intended to provide content or any information that is not true or genuine, it may initiate civil and/or criminal proceedings against them. Finally, customers who have been blocked on the Brandwin.in online portal due to fraudulent or suspicious behavior are not eligible to return their purchases.

  1. DISCLAIMER

It is important to note that the above disclaimer applies to any and all claims made against Brandwin.in, regardless of the circumstances or nature of the claim. This means that even if Brandwin.in is not at fault, they will not be held liable for any damages that may arise from the use of their products or services. It is always recommended to read and understand any disclaimers or terms of service before engaging with a company or using their products or services. This can help prevent any misunderstandings or legal issues in the future.

  1. SERVICES PROVIDING

At Brandwin.in, we provide a blended business model that caters to both B2B and B2C customers. Our B2B segment is designed for manufacturers, wholesalers, distributors, and traders who want to increase sales and showcase their brands in the global market. By partnering with us, they can save time and money while managing their operations through an optimized dashboard.

On the other hand, our B2C segment is aimed at consumers who want to buy products for personal or professional use. We offer a wide range of ready-to-sell products that are manufactured and branded, giving customers access to quality items at competitive prices.

But that’s not all we do. At Brandwin.in, we also provide individuals with the opportunity to start their own new brand within our company. We streamline operations and simplify business processes, making it easier for entrepreneurs to establish successful ventures.

BLENDED BUSINESS MODEL

BUSINESS TO BUSINESS (B2B) in Brandwin.in is where Manufactures, Wholesalers, Distributors and traders get the opportunity to increase sales, saves traders time and money and to show case their brands in the global market.

BUSINESS TO CONSUMERS (B2C) in Brandwin.in is where the products are sold directly to consumers which has been already manufactured and branded; the ready to sell products.

Every manufacturer and seller will have an optimized Dashboard to manage, track, and list their items; this will simplify business.

We provide people the chance to start their “Own New Brand” in company and streamline operations in every aspect.

BRANDWIN BRANDING SUPPORT

Brandwin.in provides comprehensive branding support that can help your business create a unique identity. Our team of experts will work with you to understand your brand values and develop a strategy that sets you apart from your competitors. We offer a range of services including naming, logo design, brand messaging and more. With over 30 years of experience in the industry, we have the expertise to deliver results that meet your exacting standards. Let us take the hassle out of branding and help your business establish a strong and memorable identity. Contact us today to learn more about our branding support services.

  1. SELLING

When selling on Brandwin.in, it is important to keep in mind that as a registered seller, you are responsible for complying with the platform’s Policies, which are included in the Terms of Service. This means that you must ensure that the goods you are selling are in line with any applicable laws regarding intellectual property, trade secrets, and other proprietary rights, as well as the rights of publicity and privacy. Additionally, it is important to accurately describe the condition of the items you are selling in their product listing, and to make sure that you have the items in stock in order to successfully complete sales. It is also worth noting that you cannot offer a single product in multiple quantities across different categories on the platform. If you do, Brandwin.in retains the right to remove any such listings. As a manufacturer, you must also be duly licensed to sell the goods you post on the platform. If at any point a buyer is dissatisfied with the condition of the item received, you are obligated to reimburse them for any payment received. With these guidelines in mind, selling on Brandwin.in can be a straightforward and profitable way to reach a wider audience for your goods. 

  1. PAYMENT & CONDITIONS

Additionally, as a “Seller,” you acknowledge and agree that the platform will deduct a commission fee from your transaction money for each successful sale on the platform. The commission fee will be a percentage of the transaction amount, and the exact percentage may vary depending on the product category. As a “Seller,” you also acknowledge and agree that you are responsible for accurately describing your products and ensuring that they meet the specifications and quality standards stated in the product listing. Failure to do so may result in a refund request from the buyer, and in severe cases, suspension or termination of your account. Furthermore, both buyers and sellers are expected to adhere to the platform’s terms and conditions, including but not limited to policies on prohibited items, intellectual property rights, and fraudulent activities. Any violation of these policies may result in disciplinary action, including account suspension or termination. By using the platform’s Payment Facility, you agree to abide by all the terms and conditions outlined in this passage and the platform’s policies. If you have any questions or concerns, please do not hesitate to contact the platform’s customer service for further assistance.

  1. RETURN POLICY

It is important to note that the return policy may vary depending on the product. Some items may have a limited return window, while others may not be eligible for a refund at all. It is always a good idea to carefully review the return policy before making a purchase. If you have any questions or concerns about the return policy, don’t hesitate to contact the vendor’s customer service team. They will be happy to assist you and provide you with any information you need to make an informed decision about your purchase. Remember, understanding the return policy is an important part of being a smart shopper.

  1. PRIVACY TERMS

At our company, we take the privacy and security of your personal information very seriously. Our privacy policy is in line with the Information Technology Act of 2000 and the Privacy Policy Rules of 2011 to ensure that your sensitive personal data and information is gathered, used, stored, and transferred in compliance with the law.

We may ask for your PAN, GST Number, and Government issued ID Cards/Number and Know-Your-Costumer (KYC) details only for specific services. The purpose of collecting both your personal and non-personal information is to provide you with the best user experience possible. This includes troubleshooting and fixing any errors that may occur, analyzing user activity on our platform, rendering better services, understanding your interests, and recommending products and features that may interest you. We may also use your IP address to rectify problems in our server and to resolve them in our platform.

Our company takes pride in not using your personal information for advertising purposes on our website. Instead, we use your information to provide you with the best offers and sales, as well as ensure the safety and security of our website. We value your trust and are committed to protecting your personal information every step of the way.

  1. THIRD PARTY ON WEB PORTAL

At Brandwin.in, we take the privacy and security of our users’ personal information very seriously. We understand that you trust us with your sensitive data, and we are committed to protecting it. We only collect the information that is necessary to provide you with the best possible experience on our platform. Our use of your personal and non-personal data is strictly limited to improving our services, identifying and fixing any issues, and understanding your interests and needs as a user. It is important to note that we do not use your personal information for advertising purposes on our website. Additionally, we cannot guarantee the accuracy or ownership of any third-party content on our website, nor are we responsible for any harm that may result from your use of such content. If you choose to access any external links, you do so at your own risk. We are committed to providing the best possible service to our users while maintaining the highest standards of privacy and security. If you have any questions or concerns about our policies, please feel free to reach out to us at any time. Thank you for choosing Brandwin.in as your preferred online platform.

  1. INDEMNIFICATION

Indemnification is a common practice in legal agreements and it serves to protect the parties involved in the agreement. In this case, the indemnification clause protects Brandwin.in and its affiliates from any claims or demands made by third parties as a result of the user’s violation of the terms of service, privacy policy, or any other policies put in place by Brandwin.in. This clause also covers any legal actions that may result from the user’s violation of the law, rules, or regulations, as well as the rules of the regulatory authority. By agreeing to this clause, the user takes responsibility for any legal repercussions that may arise from their actions and agrees to cover any costs incurred by Brandwin.in and its affiliates in defending against such claims or demands.

  1. TRADEMARK, COPYRIGHT AND RESTRICTION

It is important to note that all items sold on Brandwin.in are managed and operated by the appropriate manufacturers/sellers under the management of the website. As such, all content on the website is protected by copyright, trademark, and other intellectual property laws. This includes all photographs, graphics, audio clips, and video clips. Users are only permitted to use the content for personal, non-commercial, and business purposes. Any unauthorized copying, reproduction, republishing, uploading, posting, transmitting, or distributing of the content is strictly prohibited. Users are also prohibited from modifying the materials or using the materials on any other platform or networked computer environment without the prior written consent of the website’s owner. It is important to note that any commercial use of the content, where the user obtains compensation of any kind, is strictly prohibited. The website and its owner, licensee, affiliates, and subsidiaries do not support this type of behavior.

  1. FORCE MAJEURE

Force majeure is a legal term that refers to circumstances beyond the control of the parties involved that prevent them from fulfilling their obligations under a contract. The provision of force majeure in this agreement means that if any of the aforementioned events occur, Brandwin.in, its owners, affiliates, subsidiaries, group companies, partners, and their respective offices will not be held liable for any damages or losses incurred by the user. In such cases, the parties involved will be released from their obligations under this agreement until such time as the force majeure event has been resolved. It is important for users to understand the implications of force majeure and to take appropriate measures to protect themselves in case such an event occurs.

  1. LIMITATION OF LIABILITY

It is important for users to understand the limitations of liability when using any service or product. In the case of Brandwin.in, the company is not responsible for any special, incidental, indirect, or consequential damages that may occur while using their platform. This includes any damages that may have been informed in advance of the possibility of occurring. It is important for users to take responsibility for their own actions while using any service and to understand the limitations of liability that may be in place. By agreeing to the terms of use, users are acknowledging the risks involved and accepting responsibility for any potential damages that may occur.

  1. INTELLECTUAL PROPERTY RIGHTS

It is important to understand intellectual property rights when accessing websites such as Brandwin.in. All content on the website, including text, graphics, sound, and computer code, are owned and controlled by Brandwin.in or its licensors. This means that the design, structure, and overall look and feel of the website is protected by various intellectual property laws, including copyright, patent, and trademark laws.

If you plan on using any of the trademarks, logos, or service marks featured on the website, it is essential to obtain prior written authorization from Brandwin.in, the manufacturer/seller, or any third-party licensees. This ensures that you are not infringing on any intellectual property rights and avoids any potential legal issues.

Brandwin.in reserves the right to modify or change the content on their website at any time. It is essential to be aware of these changes and regularly check the website’s terms and conditions to ensure you remain compliant with intellectual property laws.