Terms & Conditions

Welcome to 86brands.com. To avail the services offered at www.86brands.com or by any of its affiliates, you must agree to the following terms and conditions. If you visit or shop or browse at www.86brands.com you accept these conditions.

Please read the term and conditions carefully. While using any current or future services offered by 86brands.com or any of its affiliates, whether or not included in the 86brands.com website, you will abide by these Terms & conditions the guidelines and conditions applicable to such service or business.

Privacy Policy: Please review our Privacy Policy, which also governs your visit to www.86brands.com, to fully understand our practices.

Definitions:

"Agreement" means the Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use at 86brands. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.

"Site" means the 86brands online shopping platform, which provides a venue to the users of 86brands.com to buy the products listed / displayed at 86brands.com by the Seller(s).

"Vendor" / "seller" / "affiliates" shall mean the person or any legal entity who offers for sale, sells, puts for auction the products on the 86brands.com website.

"User/You" means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale of the Vendor / Seller products, through 86brands by placing its order on this Site.

"Product/s" connotes the goods, services promoted / displayed on the Site and offered for any use / sale.

"We/Us" means 86brands or 86brands.com or www.86brands.com.

Online Purchases:

This Website is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, 86brands acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change.

The agreement between you and 86brands is subject to the following terms and conditions:

1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.

2. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of 86brands you agree to be bound by the Terms and Conditions.

3. All prices, unless indicated otherwise are in Indian Rupees (INR).

4. By indicating User's acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.

5. 86brands is neither responsible for any non-performance or breach of any contract entered into between Users & Sellers nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the seller or purchased by the buyer, on the Website.

6. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. 86brands accepts no liability for any errors or omissions, whether on behalf of itself or its Sellers or third parties.

7. Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.

8. 86brands does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of the product(s) or service(s) offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer. 86brands shall not and is not required to mediate or resolve any dispute or disagreement between Users.

9. In a credit card transaction, you must use your own credit card. 86brands will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

10. 86brands is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. It is the sole responsibility of the Vendor to dispatch the Product to the User (depending on the Product or Offer Price). Any request for cancellations of orders once duly placed on the site, shall not be entertained.

11. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.

12. Shipment/delivery time of order processing starts from the day of receipt of the payment/COD (Cash on Delivery) confirmed against the order placed with 86brands.The Shipment /Delivery time is an approximate time mentioned by the vendor against each product. 86brands shall not be liable for any delay / non-delivery of purchased goods by the Vendors, flood, fire, wars, acts of God or any cause that is beyond the control of 86brands.

13. Notwithstanding anything contained herein 86brands acts only as booking agent to facilitate / integrate transactions between the Buyers and Sellers through various platforms (online web store, print ads, call centre, mail order catalogues, SMS. etc.) for various Vendors and shall in no way be responsible for any quality of product, replacement, damages, additional cost, losses, expenses and/or taxes incurred by Users qua the products. In no event shall 86brands, its directors, officials, representatives and employees are liable for any damages relating to products sold through its various platforms.

14. Presently, the service(s) of 86brands are being offered free of cost. However, 86brands reserves the right to charge a fee for any or such facilities.

15. The User agrees to use the services provided by 86brands, its affiliates, consultants and contracted companies, for lawful purposes only.

16. The User agrees to provide authentic and true information. 86brands reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), 86brands has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and / or other affiliated websites without prior intimation whatsoever.

17. 86brands will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the Vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

18. Cancellation, on user's request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.

19. Delivery of orders would be done address specific not person specific.

20. For reported defects on products with manufacturer's warranty the customer needs to contact the relevant service center of the manufacturer, respectively. 86brands shall not be held responsible for any refund claim in such a case from the customer.

21. 86brands reserves the right to cancel any order placed using Credit Card which holds International Billing Address.

22. Octroi charges may be levied on some products displayed on the site .These charges shall are not refundable and shall be borne by the customer. In the event of cancellation of the order the Octroi charges levied shall not be refunded.

23. We (86brands) as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

24. 86brands will try to make sure that all products sold on 86brands.com website are authentic/genuine and brand new, but 86brands cannot guarantee the same, neither 86brands will assume responsibility or liability for the same. 86brands does not take responsibility or liability for the actions, products, content and services on the Website 86brands.com, which are linked to Affiliates, Sellers, Vendors, and / or third party websites using Website’s APIs  or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, 86brands assume no responsibility for examining or evaluating the products and services offered by them. 86brands do not warrant the offerings of any of these businesses or individuals or the content of such third party website(s). 86brands does not endorse, in any way, any third party website(s) or content thereof.

25. 86brands and\or 86brands’s Vendor\Seller, will attempt to be as accurate as reasonably possible while providing Product descriptions and pricings. However, 86brands or Seller do not warrant that descriptions or other content or prices related to the Products or other information and content contained in the 86brands.com website is accurate, complete, reliable, current, or error-free. In such cases, sole remedy is to return the product in unused condition.

Terms and conditions are binding for all purchases: All orders are deemed offers for you to purchase our products. We may accept your offer by issuing a confirmatory e-mail and/or mobile confirmation of the products specified in your order. Our acceptance of each such offer is expressly subject to and conditioned on your assent to these terms and conditions of sale. No other terms and conditions will apply. However, in case the seller is Infibeam, Infibeam’s Terms & Conditions/Privacy Policies will apply, and Infibeam will be solely responsible for collection of payments, shipments, cancellations, exchanges, returns, refunds and all other aspects of such transactions. 86brands will not be responsible for or assume any liability for such transactions.

Electronic Communication: When you visit www.86brands.com or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. 86brands may allow Sellers/Affiliates to directly communicate with you to facilitate transactions.

Prices: All prices posted on this website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the website.

Payment: All payments must be received by us prior to shipping unless the order is placed by using Cash on delivery (COD) payment mode. We accept payment by Net-banking, credit cards, & debit cards. 86brands will collect online payments through third-party websites of Banks, Financial Institutions, and Online Payment Gateways, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s. It is hereby clarified that 86brands does not itself collect payments from the purchasers and the entire payment transaction (including collection from the purchasers and distribution to the 86brands Vendor\Sellers is conducted by the online payment gateway facility provided. In case the seller is Infibeam, payments will be directly collected by Infibeam itself through its payment gateways.

You agree, understand, undertake and confirm that the credit/debit card details and netbanking details provided by You for making payments for Product(s) purchased through 86brands.com, through the online payment gateway mechanism will be correct, current, complete and accurate and you shall not use the credit card/debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by You will not be shared by 86brands with anybody unless required by law, regulation or court order or for facilitating and completing the purchases made by You. 86brands or its Vendor\Seller will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.

Shipping and Handling: We will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Title and risk of loss and damages pass on to you upon the products delivery to you. In case reverse shipment cannot be arranged by us due to unavailability of our logistics partners, then in that case you may be requested to send such products through any available courier services.

Return of Products by you: We will accept the return of the products, provided such return is for products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the condition that we are informed about such discrepancies within 72 hours from the date of receipt of the product and provided that the products are returned in their original condition.

30 days replacement conditions: 86brands offers 30 days replacement guarantee for all products sold on 86brands.com, under certain conditions which are mentioned below. Customers will notify us of any damage or defect within 72 hours from the date of receipt of delivery of the products, in case customer fails to inform 86brands within the stipulated time frame, 86brands reserves the right to accept or reject such request at its discretion. 86brands will replace the defective product with a brand new product at no extra cost.

86brands will try to replace the specific product ordered. However, the company reserves the right to offer an alternate product in case the product is out of stock/ production.

The 30 days replacement guarantee is valid only in cases of manufacturing defects and transport damages and is invalid in cases of damages due to normal wear & tear and negligence on part of the customer. The return policy is also not valid for certain products such as Cakes, Flowers, gifts, etc. Should customers come across any issue with such products, they are advised to contact customer service within 72 hours, failing which we may decide not take a request for replacement.

Digital content such as e-books is not returnable at all.

Changes and Cancellation: Any item additions, quantity changes or specification changes made to accepted orders will be modified in the order details. All sales are final, provided, however, item cancellations and quantity reductions may be made before the order is shipped. We may, without liability, cancel any accepted order before shipment if our credit department does not approve your credit or if there are other problems with the payment mode selected by you.

Refund: If any orders are cancelled by you after procurement, but before being shipped by 86brands.com, then 86brands.com will charge restocking fee applicable as per the product category. International Books will attract a restocking fee of 25% of the order value. All other orders will attract a restocking fee of 10% of the order value. Refund will be made after deducting such restocking fee as applicable within 7-10 working days.

License and Website Access: General: 86brands.com grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.86brands.com.

No license for commercial sale: This license does not include any resale or commercial use of this website or its content; any collection and use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools.

No reproduction: This website or any portion of this website may not be reproduced, duplicated, copies, sold, visited, or otherwise exploited for any commercial purpose without express written consent of 86brands.com.

No framing: You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 86brands.com and its affiliates without the express written consent.

Metatags: You may not use any metatags or any other 'hidden text' utilizing 86brands.com's name or trademarks without the express written consent of 86brands.com. Any unauthorized use terminates the permission or license granted by 86brands.com.

Your Account: Protection of Your Account: As discussed further in the website's privacy policy, by using this website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account or password.

Use by Children: As discussed further in the website Privacy Policy, 86brands.com does sell products for children, but it sells them to adults. If you are under age of 18 years, you may use 86brands.com only with involvement of a parent or guardian. 86brands.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and other content: Nature of content: Visitors to 86brands.com may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights to otherwise injuries to third party or objectionable and does not consist of or contains software virus, political campaigning, commercial solicitation, mass mailing or any form of spam. 86brands will not be responsible or assumes any liability for any third-party or user comments, posts, reviews, etc.

False information: You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 86brands.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted contents.

Rights Granted: If you do post content or submit material and unless we indicate otherwise, you grant 86brands.com and its affiliates a non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such content throughout the world in any media. You grant 86brands.com and its affiliate sites and sub-license the right to use the name that you submit in connection with such content if 86brands.com chooses.

Right Owned: You represent and warrant that you own all the rights or otherwise or control all of the rights to the content that you post; that the content is accurate; that the use of the content to supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify 86brands.com or its affiliate for all claims resulting from the content you supply. 86brands.com has the right but not the obligation to monitor and edit or remove any activity or content. 86brands.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss: All items purchased from 86brands.com are made pursuant to the shipment contract. This means that the risk of loss and title for such item passes on to you upon the products delivery.

Indemnity: You shall indemnify and hold harmless 86brands and (as applicable) 86brands’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement.

Product Description: 86brands.com and its affiliates attempt to be as accurate as possible. However, 86brands.com makes not warranties that the product description and any other content of its site are accurate, complete, reliable, current or error free. The product offered by 86brands.com itself is not as described and its sole remedy is to return in its unused condition.

Site Policies, Modification, and Severability: Please review our other policies. We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions.

Intellectual Property Rights: Copyright Protection: All content included on this site, such as text, graphics, logos, button icons, audio clips, digital downloads, data compilations and software, is the property of 86brands.com or its affiliate sites and protected by the Indian Copyright law. The compilation of all the content on this site is the exclusive property if 86brands.com and protected by Indian Copyright law. All software used in this site is the property of 86brands.com and is protected under the Indian Copyright law.

Trademarks: i. Protected Marks: 86brands, www. 86brands.com, 86brands.com & design, 86brands.com books, products, and other marks indicated on 86brands website are registered trademarks of 86brands.com. ii. Protected Graphics: All 86brands.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of 86brands.com. 86brands.com's trademarks and trade dress may not be used in connections with any product or service that is not of 86brands.com. All other trademarks not owned by 86brands.com or its affiliates that appear on 86brands.com or its affiliate sites are the property of their respective owners, who may or may not be affiliated with, connected to, associated with 86brands.com or its affiliates.

Governing Law and Jurisdiction: These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Kolkata, West Bengal shall have jurisdiction, to the exclusion of all other courts.

Disclaimer of warranties and Limitation of Liability: THIS SITE IS PROVIDED BY 86BRANDS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. 86BRANDS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 86BRANDS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 86BRANDS.COM DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM 86BRANDS.COM ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. 86BRANDS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

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