Terms and Conditions
We thank you from the bottom of our heart for placing an order with us and making us a part of your celebrations. We strive hard to make your celebrations memorable and wonderful.
We at Brown Bear Bakers are a group of gifting and celebration enthusiasts. We love our work and try to serve people in their celebrations and have fun doing so. We try our level best that whatever we display on our website is delivered with the same quality as promised. In serving you we also care to follow certain guidelines, rules and processes. These terms and conditions are not there to intimidate the user but are there so as to minimize the areas of conflict. We have listed these so that the user is aware of the processes and rules that can affect him/her, his/her order and the recipient.
Please read these Terms and Conditions carefully, clarify them from Customer care if you have any doubts .Be assured that our spirit of working is that everyone should be benefited – our team, our customers and our company.
Terms and Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
- a) www.Brown Bear Bakers.in website (“Website”) is an Internet based content and e-commerce portal owned and operated by Dhawala Online Solutions Private Limited, a company incorporated under the laws of India.
- b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Brown Bear Bakers.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Brown Bear Bakers.in of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Brown Bear Bakers.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (b).
When You use the Website or send emails or other data, information or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with you by email or by such other mode of communication, electronic or otherwise.
Brown Bear Bakers.in provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise as gifts such as watches, perfumes, sunglasses, belts, and other gift items from various brands. (collectively, “Products”). Upon placing order, Brown Bear Bakers.in shall ship the product to you or the person you are gifting and you be entitled to its payment for the Services.
Use of the Website:
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
Membership on the Website is free for buyers. Brown Bear Bakers does not charge any fee for browsing and buying on the Website. Brown Bear Bakers reserves the right to change its Fee Policy from time to time. In particular, Brown Bear Bakers may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Brown Bear Bakers reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Dhawala online solutions private limited.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Brown Bear Bakers’s name is stated as the source and prior written permission of Brown Bear Bakers.in is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer
- conduct or forward surveys, contests, pyramid schemes or chain letters
- download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
- violate any applicable laws or regulations for the time being in force in or outside India; and
- violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein
Contents Posted on Site:
You may use information on the products and services purposely made available on the Website for downloading, provided that You
(1) do not remove any proprietary notice language in all copies of such documents,
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and
(4) do not make any additional representations or warranties relating to such documents.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Brown Bear Bakers.in.
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, Brown Bear Bakers.in 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 Brown Bear Bakers.in without obtaining authorization from Brown Bear Bakers.in
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same
Links To Third Party Sites:
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of Brown Bear Bakers.in or the Website and Brown Bear Bakers.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brown Bear Bakers.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Brown Bear Bakers.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brown Bear Bakers.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer Of Warranties/Limitation Of Liability:
Brown Bear Bakers.in has endeavored to ensure that all the information on the Website is correct, but Brown Bear Bakers.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Brown Bear Bakers.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Brown Bear Bakers.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Brown Bear Bakers.in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Brown Bear Baker’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Brown Bear Bakers do not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
Brown Bear Bakers 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.
Brown Bear Bakers 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; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications. We will not use your personal information to initiate any promotional phone calls or SMS.
You agree to indemnify, defend and hold harmless Brown Bear Bakers.in from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Brown Bear Bakers.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
- a) Brown Bear Bakers.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
- b) If you or Brown Bear Bakers.in terminates your use of the Website or any Service, Brown Bear Bakers.in may delete any content or other materials relating to your use of the Service and Brown Bear Bakers.in will have no liability to you or any third party for doing so.
- c) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Brown Bear Bakers.in does not review the contents in any way before they appear on the Website. Brown Bear Bakers.in does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to info@Brown Bear Bakers.in
Brown Bear Bakers we do not warrant that the Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Brown Bear Baker’s discretion.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Websites will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Websites. Before shipping / delivering 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 in the interest of providing a safe online shopping environment to our users.
Acceptance of orders:
- The orders are accepted via website, Android app, IOs app.
- Only in case of special requirements we accept orders on mail and Customer care phone.
Exactness Not Guaranteed:
Brown Bear Bakers.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as delivered to the recipient.
We DO NOT guarantee delivery of the exact replica of the products mentioned on the website.
- In Case of flower related products – the florists use different wrapping paper, baskets, decoration material, so the arrangements shown in website look little different from actual products delivered. Delivery of exactly the same variety or colour of flowers is also subject to availability and freshness. We may chose to deliver a bouquet or basket of same monetary value due to unavoidable circumstances.
- In case of cakes – the bakeries use the pictures as guidelines but they have their own style of preparing same flavoured cakes. Therefore the cakes though are same flavoured might look different. In case the cake you ordered cannot be delivered due to unavoidable circumstances, we will deliver similar cake of same monetary value.
- In case of any other products, if we can not deliver same products due to unavoidable circumstances, we will deliver similar product of same monetary value.
Products and services delivery – Date and Time slots:
The time slots provided at the time of checkout can be selected by user. These are preferred date and time slots of customer. We strive to do deliveries on the selected date and time slot but it is NOT A GUARANTEE. We are committed to do delivery of products and services ordered until 24 hours of the requested delivery date and time slot. Failing to do so we will refund the amount, not before that.
- For day time delivery, delivery time ranges from 10 AM to 11PM
- For midnight orders, delivery could be made anytime between 11:00 PM to 12:30AM.
- In case of remote locations/small towns it can be made from 10PM to 12:30 AM.
- No refund will be made in case orders fails to be delivered within provided time slot.
- Only one attempt for delivery will be made. Please confirm availability of recipient before choosing delivery time. If recipient is not available at the time of delivery, second attempt will not be made and order will be cancelled. No refund will be made in such case.
- Delivery timings, if promised cannot be guaranteed in case of special circumstances like extreme weather conditions, riots, strikes, elections, bandhs, during rush days like Valentine’s Day, Mother’s Day, Rakhi, New year Eve etc. The order cancellation would not be possible in such circumstances and order will be executed on the consecutive days.
- Special day deliveries are processed until 52 hours of requested delivery date and time slots.
Special days for Brown Bear Bakers are – Mother’s day, Father’s Day, Diwali, Holi, Valentine’s Day, Rose day, Teddy day, Proposal Day, Hug day, Kiss Day, Friendship Day, Raksha Bandhan, Christmas and New Year.
Title and risk of loss for all products ordered by you shall pass on to you upon Brown Bear Bakers’s shipment. Thereafter Brown Bear Bakers will not be responsible for any loss or damage to the product.
If recipient receives the products in damaged condition
- Recipient should check the products delivered (cakes, flowers, any other)before signing the receipt.
- If product delivered found damaged, recipient should refuse to accept it and immediately inform Customer Care.
- Any issues with the products delivered should be reported within 4 hours of receipt, after that no request of replacement or refund will be entertained.
- In case of badly damaged products, replacement will be provided. Kindly allow a minimum of 6 hours for the replacement.
- Courier product complaints should be informed within 48 hours after delivery. Complaints coming after 48 hours will not be undertaken.
Minimalistic and cosmetic damages like –
- Name/ message on cake not written.
- Name and message not attached with flowers.
- Cream of cake / decoration on cake / flowers packaging issues – will not be eligible for refunds/replacements until unless they are severely damaged.
Keep as surprise
For orders where Keep as Surprise is selected we will deliver the order as requested without receiver knowing the sender’s detail. In case the receiver refuses to accept the order then we will disclose the sender’s details for the order to be acknowledged and accepted by the receiver. If still the receiver does not accept the order then the order will be returned and it will be considered as Complete from Brown Bear Bakers’s end. Due to time limitation and the gift items being of perishable nature therefore we will attempt our best to have the order delivered within a given timeframe.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to email@example.com Customer care – Call us at +91 8885119110
Available between 8 AM – 11 PM
Non delivery of products
We will be able to attempt delivery of your order only once. For perishable products, delivery attempt can be made again subject to our decision and you may be liable for additional delivery charge in such cases. In the event the delivery is not executed during the attempt, the customer shall still be charged for the order and no redelivery will be possible. We will consider the order executed in the below cases:
- Wrong shipping/delivery address.
- Premises locked.
- Wrong landlines / Mobile number or Extension number which may render us unable to reach the recipient for the delivery.
- Recipient refusing to accept the delivery.
- Delivered the product at the Gate / Neighbor as per instruction given by receiver.
- Recipient not available.
Please read the below stated points for any cancellations.
Please understand that the points mentioned in the policies are with reference to the time slots on the www.Brown Bear Bakers.in website selected by the user in checkout process.
Orders are processed in time slots and we accept cancellation requests with reference to time slot selected by customer in order placed. Consider conditions stated below –
- If the cancellation request comes to Brown Bear Bakers before 24 hours to the start of time slot selected – 10% of order value is charged as cancellation charges. 90% refund to Bank Account. NOTE – 100% refund can be requested in Brown Bear Bakers wallet, where we waive off cancellation charges.
- If the cancellation request comes to Brown Bear Bakers between 12 – 24 hours before the start of time slot selected then – 20% of order value will be deducted as cancellation charges. 80% refund to Bank Account. NOTE – 100% refund can be requested in Brown Bear Bakers wallet, where we waive off cancellation charges.
- If cancellation is request comes to Brown Bear Bakers within 12 hours to the start of time slot selected – 100% of order value will be deducted as cancellation charges. 0% refund to Bank account or 0% to Brown Bear Bakers wallet applicable.
In any of the cases above Wallet refunds and Bank refunds can be initiated only at the discretion of company considering the reasons of cancellation like unfortunate events, calamities or unavoidable circumstances. No claims to refund can be made by customer to overrule above stated clause.
NO cancellation requests are accepted on order placed in following categories.
- Same day delivery category – If your date of placing an order and delivery date of that order are same, we do not accept cancellation request. If you cancel it, or receiver does not receive it – you are not entitled to any refund.
- Same day mid-night delivery orders can not be cancelled.
- Special day orders can not be cancelled and no refund is initiated for them.
Refund in cases of Cancellations are mentioned in Cancellation policy, kindly refer the same.
The acceptance of order is subject to availability of products, delivery areas and time. The order may or may not be accepted. The order might be cancelled after assessing the circumstances and communicated to customers. In such case amount paid by customer is fully refunded to Brown Bear Bakers wallet or bank account.
Only one attempt for delivery will be made. Please confirm the availability of the recipient before choosing delivery time. If the recipient is not available at the time of delivery, a second attempt will not be made and the order will be cancelled. No refund will be made in such a case.
The refunds are only initiated once the customer confirms over mail that where the refund has to be done – Brown Bear Bakers wallet or bank account.
Refunds for booking cancelled will be done online through RTGS/NEFT within 4-5 working days.