Terms & Conditions
This website www.theyellowbloom.com is owned and operated by Yellow Bloom Fashion and Apparel LLP a company registered in India with registered office at S/No : 51/8, Reliable Lifestyle Layout, Harlur, Post – H.S.R. Bangalore 560102, Phone no : 9663802534. If you have any questions regarding the Website or these Terms (as defined below), or in the unlikely event that you have any complaints about any Products (as defined below) purchased by you from this Website, you can contact us at care@theyellowbloom.com
SCOPE
These terms and conditions, together with any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders submitted by you for Products (as defined below) made available by us for purchase over the Website. Please read these Terms carefully.
ACCEPTANCE OF ORDERS
You agree that your order is an offer to purchase the products listed in your order (“Products”) on these Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you. After submitting an order to us via the Website, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until the Products have been dispatched to you. The contract will be concluded, and documents related to it supplied in English. When placing an order for the first time, you will be required to register with us and provide certain information. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website. In the event prolonged inactivity causes your connection to our Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the Products. If products are shown on our Website but are not available or are incorrectly priced or otherwise incorrectly described, we shall not be obliged to sell you such products. Where you place an order for any Products which are subsequently unavailable, we will not charge you for such Products and will not supply any substitute Products in their place. You will only be charged for Products which have been dispatched to you (together with the relevant taxes charges and any other processing charges). Although we have made all reasonable efforts to correctly display product colours on the Website, we cannot guarantee that these will be accurately represented.
PRICES
All prices on the Website are stated in Indian Rupee (“INR”). Prices include any applicable taxes payable but including delivery charges. We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product’s correct price is lower than the price stated on the Website, we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. Yellow Bloom Fashion and Apparel LLP Product may vary the prices listed on this website at any time and without any notice.
PAYMENT TERMS
The total cost of your order will be the purchase price for the Products, plus delivery charges. Please note that we only accept payment in INR. You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
INVOICING
Where we elect, or are required by any applicable local, national or international law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
DELIVERY, TITLE AND RISK
Orders will be sent to the delivery address that you have provided. We cannot be held responsible if that delivery address is incorrect or incomplete. Title in the Products will pass to you on the latter of the date on which we receive payment in full for such Products; and the date of delivery of such Products to your address. Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.
CANCELLATION AND RETURNS
Should you wish to cancel or return any Products, please refer to our Returns Policy. This Returns Policy does not affect your statutory rights as a consumer.
AGE REQUIREMENTS
If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
INTELLECTUAL PROPERTY
The trademarks of Yellow Bloom Fashion and Apparel LLP, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos, registered or unregistered designs, copyrights and patents (“Intellectual Property”), which appear on our Products, Website, or packaging, whether registered or not, are and remain the exclusive property of Yellow Bloom Fashion and Apparel LLP. Any reproduction, whether complete or partial, modification or use of the Intellectual Property, for whatever reason and in whatever medium, without our written, express and prior agreement, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all Products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case Yellow Bloom Fashion and Apparel LLP shall, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any Products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You shall fully indemnify, defend and hold harmless Yellow Bloom Fashion and Apparel LLP and our 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
DATA PROTECTION
If you wish to purchase Products on the Website you must provide us with the information required by us. By entering information on the Website you represent and warrant that (i) you are using your actual identity; and (ii) all information you provide is true, accurate, current and complete as at the time you provide us with that information. By placing an order you agree and understand that we may store and process your personal data. Yellow Bloom Fashion and Apparel LLP fully respects the privacy of individuals who access and use this Website. For details on the manner in which we use cookies, the type of information we collect, how we use your information and under what circumstances we disclose information please see our Privacy Policy.
ASSIGNMENT, SUBCONTRACTING ETC
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
AMENDMENTS TO THESE TERMS
We reserve the right to make changes to these Terms and Conditions at any time. You can review the most current version of the Terms and Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
SEVERANCE
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of India and only courts of Bangalore, Karnataka shall have the exclusive jurisdiction to try out any dispute.