TERMS AND CONDITIONS
The terms and conditions are governed by the provisions of Indian laws, including, but not limited to the Indian Contract Act, 1872; the Information Technology Act, 2000; the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”) and; the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”). All orders placed by the users on the BHYPE platforms are subject to the availability of such products, BHYPE’s acceptance of the user’s offer and the user’s continued adherence to the terms and conditions and other policies. BHYPE may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the services or a part of the Services in a manner it may deem fit.
We request you to read through the terms and conditions carefully. These constitute a legal agreement that you will enter into, and shall apply to any interactions or purchases made through this website, hence, affecting your rights.
OVERVIEW
This website is owned and operated by M/S BHYPE Throughout the site, the terms “we”, “us” and “our” refer to BHYPE. This website and all its information—products, tools, and services available in this site for you i.e. the user, has been provided by BHYPE, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing our product/ products from us, you engage our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content.
We request you to read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services provided by us. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store/site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Modifications will be effective on the day they are posted unless stated otherwise.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ANY SALE/ PROMOTIONAL ACTIVITY
- All sales are final. The purchases are not eligible for returns/refund/exchange
- Loyalty points won't be rewarded for purchases made during the sale
- Loyalty and referral rewards can’t be redeemed against any on-going sale/promotion on the website
SECTION 1: ONLINE STORE TERMS
By agreeing to our Terms of Service, you represent that you are at least 18 years or above the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). The use of any robot, spider, or other automatic device or software in connection with the services is strictly prohibited. You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of Services being provided to you.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to any user, for any reason, at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You further agree that purchases made on our website would be considered as sales made for the purpose of end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3: REFUND POLICY AND PRODUCT WARRANTY
All products sold at BHYPE have a different return, exchange, refund policy and product warranty. The user is responsible to check the individual return, exchange, refund policy and product warranty of each product before the purchase of the same.
SECTION 4: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. By engaging in our site, you agree that it is your responsibility to monitor changes to our site.
SECTION 5: MODIFICATION TO THE SERVICES AND PRICES
Prices for products listed on our site are subject to change without notice.
We reserve the right at any given time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. In case of order cancellation, your payment will be reversed and the money will be back in your account shortly. Please note that it can sometimes take up to 14 business days depending on the payment method or your bank. Should you not receive your refund back within this time, we strongly advise you to contact your bank directly. Once a refund is initiated, it is out of our hands.
Purchases made in a foreign currency may be affected by the conversion rate. If a refund is initiated when that particular conversion rate was different than when you placed an order, it will affect your refund amount. This is determined by your credit card company or bank and Crepdog Crew is not liable for conversion differences.
SECTION 6: PRODUCTS OR SERVICES (IF AND WHEN APPLICABLE)
We are devoted to displaying our products or Services as accurately as possible (the colours and images of our products that appear on our site). We are not responsible or take guarantee of the display of your chosen device to visit our site. It is understood that there may be a slight variation in the colour of the product from what is shown in the images and CDC is not responsible for the same.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We maintain the right to cancel any orders placed by a human challenge.
The pricing of our limited edition products, exceeding retail values, is necessitated by acquisition costs, thereby reflecting the exclusive and premium nature of these items.
SECTION 7: ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may be applicable on orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can further process your transactions and contact you if/when needed.
For more detail, please review our Return Policy.
SECTION 8: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input in
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
The usage of any/all optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 9: THIRD-PARTY LINKS
Certain parts of the content, products and services available via our Service may include materials derived from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with or directly linked to us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of the third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We request our users to carefully review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and we are not responsible nor shall we act as mediators for any of the above-mentioned causes.
SECTION 10: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If at any point, at our request, you send specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use these comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion as unlawful, offensive, threatening, derogatory, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You hereby agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or another personal or proprietary right. You further agree that your comments will not contain derogatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related (third-party) website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11: PERSONAL INFORMATION
Any/all personal information submitted by you through your account on our site is governed by our Privacy Policy. It is the duty of the user to read our Privacy Policies as mentioned on our Website and be acquainted with the same. Any user accessing our website would be assumed to be acquainted with our privacy policy and agreeable to the same.
SECTION 12: ERRORS, INACCURACIES AND OMISSIONS
There might be information on our site or in the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any/all errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13: PROHIBITED USES
In addition to the aforementioned prohibitions in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any acts deemed unlawful by the state; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, bully, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, age, religion, ethnicity, race, disability, or national origin; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of other users on the site; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Violation of any of the said rules and regulations shall lead to terminate your use of the Service or any related website and we are under no obligation to inform you about the same.
SECTION 14: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We are not accountable nor do we guarantee or warrant that your use of our Service will be uninterrupted, timely, secure or completely error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that at any given time, we may remove the Service for indefinite periods of time or cancel the service at any time, without notifying you.
You agree that your use of, or inability to use, the Service is at your own risk/discretion. All products and Service delivered to you through the service are (unless expressly stated otherwise 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 shall Crep Dog Crew 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. These include, 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. Any other claims related in any way to your use of the Service or any product, including any errors or omissions in any content on the site, 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. Some states or jurisdictions do not allow the exclusion or the limitation of liability for any incidental or consequential damages. In such states or jurisdictions, we guarantee that our liability shall be limited to the maximum extent permitted by the law.
SECTION 15: INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless Crep Dog Crew and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees; 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.
SECTION 16: SEVERABILITY
In the event that any of the provision mentioned in these Terms of Service is declared unlawful, void or unenforceable, such provision/provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law of the state or province. In cases as such, the unenforceable portion shall be severed from our Terms of Service. However, any such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17: TERMINATION
The obligations and liabilities upon of the parties incited prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are applicable unless and until either one of the two parties (in this case, users of this site and us) chooses to cancel its account and thereby terminate the terms of service. If and when you choose to stop using our site/the Services, you may terminate these Terms of Service at any time by notifying us about the same.
In any occasion of your failure to comply with any of the mentioned terms or provisions of these Terms of Service (or in our sole judgment you fail), we may terminate this agreement at any given time without any obligations to notify you. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18: ENTIRE AGREEMENT
If we fail to exercise or enforce any right or provision of these Terms of Service, we shall not constitute a waiver of such right or provision (unless informed otherwise).
These Terms of Service, any policies or operating rules posted on this site constitutes the entire agreement and is based on the understanding between you and us, thereby governing your use of the Service, outmoding any prior or contemporaneous agreements, communications, and proposals, (both oral or written), between both parties. This is including, but not limited to, any prior versions of the Terms of Service posted on the site.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19: GOVERNING LAW
All provisions included in these Terms of Service or any separate agreements whereby we provide you with our Services shall be governed by and inferred in accordance with the laws of India.
SECTION 20: CHANGES TO TERMS OF SERVICE
You can review the most updated version of the Terms of Service at this page at any given time.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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 of Service constitutes acceptance of those changes.
Questions about the Terms & Conditions or any related queries can be addressed to us at customercare@bhype.in
