Terms & Conditions
Terms & Conditions
Shweta Enterprises trading as Burgundy Bae · burgundybae.in
PLEASE READ THESE TERMS AND CONDITIONS ("T&C") CAREFULLY BEFORE USING WWW.BURGUNDYBAE.IN ("SITE"). BY ACCESSING OR USING THE SITE, CREATING AN ACCOUNT, OR PLACING AN ORDER, YOU ("USER", "YOU") UNCONDITIONALLY AGREE TO BE BOUND BY THESE T&C, OUR PRIVACY POLICY, AND ALL OTHER POLICIES REFERENCED HEREIN. IF YOU DO NOT AGREE TO THESE T&C IN THEIR ENTIRETY, YOU MUST NOT USE THE SITE OR PLACE ANY ORDER. THESE T&C CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SHWETA ENTERPRISES.
Part A — General
1 Definitions
In these T&C, the following terms shall have the meanings assigned below unless the context otherwise requires:
| "Account" | The password-protected registered account created by a User on the Site. |
| "Business Day" | Any day from Monday to Saturday, excluding public holidays observed in Maharashtra, India. |
| "Company", "We", "Us", "Our" | Shweta Enterprises, trading as Burgundy Bae, having its place of business in Mumbai, Maharashtra. |
| "Consumer Protection Act" | The Consumer Protection Act, 2019 and rules framed thereunder, as amended from time to time. |
| "IT Act" | The Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. |
| "Order" | A completed purchase of one or more Products placed by a User through the Site. |
| "Partial COD" | The payment method by which the User prepays 50% of the total Order value plus a non-refundable ₹99 handling fee, with the remaining 50% payable in cash upon delivery. |
| "Products" | All clothing, accessories, and related merchandise listed for sale on the Site. |
| "Site" | The e-commerce website accessible at www.burgundybae.in, including all associated mobile applications and interfaces. |
| "User Content" | Any text, images, videos, reviews, or other material posted or submitted by a User on or through the Site. |
2 Eligibility & Account Registration
- 2.1You must be at least 18 years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872. By using the Site, you represent and warrant that you satisfy this requirement.
- 2.2You agree to provide accurate, current, complete, and truthful information at the time of registration and at all times thereafter. You shall promptly update your information in the event of any change.
- 2.3You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities, transactions, and communications that occur under your Account, whether or not authorised by you.
- 2.4You must notify us immediately at support@burgundybae.in upon becoming aware of any unauthorised use of your Account. We shall not be liable for any loss arising from unauthorised access resulting from your failure to safeguard your credentials.
- 2.5We reserve the right to suspend, disable, or permanently terminate any Account at our sole discretion, including for breach of these T&C, provision of false information, or suspected fraudulent activity, without prior notice or liability.
3 Product Information, Pricing & Availability
- 3.1All prices displayed on the Site are in Indian Rupees (INR) and are inclusive of applicable taxes unless expressly stated otherwise.
- 3.2We make reasonable efforts to accurately display the colour, design, fabric, and dimensions of all Products. However, on account of variations in device display settings, photography lighting conditions, and digital rendering, a colour variance of up to 10–12% may occur between the displayed image and the actual Product. Such variance shall not constitute a defect or ground for return or refund.
- 3.3Product descriptions, specifications, and images are provided for informational purposes only. We do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current, or free from errors.
- 3.4We reserve the right to modify, discontinue, or withdraw any Product from sale, and to alter pricing and availability at any time without prior notice.
- 3.5In the event a Product is listed at an incorrect price due to a typographical or system error, we reserve the right to cancel any Order placed at that price. In such cases, you will be notified promptly and any amounts charged will be fully refunded to your original payment method within 7 Business Days.
Part B — Orders & Payment
4 Order Placement & Contract Formation
- 4.1Your submission of an Order on the Site constitutes an offer to purchase the selected Products subject to these T&C. No binding contract is formed until we send you an Order confirmation via email or WhatsApp.
- 4.2We reserve the right, at our sole discretion and without liability, to refuse, reject, or cancel any Order — whether or not confirmed — for reasons including but not limited to: stock unavailability, pricing errors, non-serviceable delivery PIN codes, payment verification failure, suspected fraudulent activity, or abuse of promotional codes.
- 4.3In the event of Order cancellation by us after payment has been received, the full amount paid shall be refunded to your original payment method within 7 Business Days.
- 4.4Once an Order has been placed, it cannot be cancelled by the User. Requests to change delivery address, size, or colour may be accommodated only if made within 6 hours of Order placement and provided the Order has not yet been dispatched. No changes will be entertained after dispatch under any circumstances.
5 Payment
- 5.1We accept the following payment methods: prepaid payment via UPI, credit card, debit card, and net-banking; and Partial Cash on Delivery (Partial COD) as defined in Clause 1.
- 5.2Under the Partial COD method: (a) the User shall prepay 50% of the total Order value plus a non-refundable handling fee of ₹99 at the time of placing the Order; and (b) the remaining 50% of the Order value shall be paid in cash to the delivery agent at the time of delivery.
- 5.3The ₹99 Partial COD handling fee is strictly non-refundable under all circumstances, as it constitutes a logistics and processing charge and does not form part of the product price.
- 5.4All payments are processed through secure, PCI-DSS compliant third-party payment gateways. We do not store, retain, or have access to your full card number, CVV, or banking credentials on our servers.
- 5.5You represent and warrant that you are the authorised holder of the payment instrument used. We reserve the right to suspend or cancel Orders where fraud or unauthorised use of a payment instrument is suspected.
Part C — Shipping & Delivery
6 Dispatch, Delivery & Risk
- 6.1Dispatch: Orders are typically dispatched within 1–3 Business Days of Order confirmation, subject to product availability and payment verification.
- 6.2Estimated delivery timelines from dispatch: Metro cities: 3–6 Business Days; Tier-2 cities and major towns: 4–8 Business Days; Remote areas, North-East states, and Jammu & Kashmir: 6–11 Business Days. These timelines are estimates only and are not guaranteed.
- 6.3Tracking: A shipment tracking link will be sent via SMS and/or WhatsApp upon dispatch. You are responsible for actively tracking your shipment and being available to receive delivery.
- 6.4Address accuracy: You are solely responsible for providing a complete, accurate, and deliverable shipping address, including the correct PIN code and active mobile number. We shall bear no liability for non-delivery, delayed delivery, or loss of shipment arising from incorrect or incomplete address information provided by you.
- 6.5Delivery attempts: Our courier partners will make two delivery attempts. Following two failed attempts, the parcel will be returned to us. Re-dispatch may be subject to additional shipping charges payable by the User.
- 6.6Risk of loss: Risk of loss and title to Products passes to you upon successful delivery of the parcel to the address specified in the Order.
- 6.7Refusal of delivery — Partial COD Orders: If you refuse to accept delivery and provide the cancellation OTP to the courier, your prepaid advance will be refunded after deducting ₹199 towards two-way logistics costs. Such refund will be processed within 7 Business Days of our receiving the returned parcel in original, sealed, and undamaged condition.
- 6.8Force majeure delays: Delivery timelines may be affected by events beyond our reasonable control including natural disasters, civil unrest, strikes, government orders, or courier network disruptions. We shall not be liable for delays attributable to such events.
Part D — Returns, Exchanges & Refunds
7 Returns
- 7.1Burgundy Bae does not accept returns of Products. All sales are final, subject only to the exchange and refund provisions set out in Clauses 8 and 9 respectively.
8 Exchanges
- 8.1Request window: Exchange requests must be raised via WhatsApp at +91 8286 247284 within 48 hours of delivery. Requests raised after this window will not be entertained under any circumstances.
- 8.2Mandatory proof: Every exchange request must be supported by a continuous, unedited 360° unboxing video that: (a) begins before the parcel is opened and clearly shows the undamaged shipping label and sealed packaging; and (b) records the entire unboxing in a single uninterrupted take without any cuts, edits, pauses, or splices. Requests submitted without such video, or with video that does not meet these requirements, will be automatically rejected.
- 8.3Condition of goods: Products tendered for exchange must be unused, unworn, unwashed, unsoiled, and unaltered, returned in original packaging with all tags, labels, and accessories intact. Products that do not satisfy these conditions will be returned to you at your cost and the exchange request will be void.
- 8.4Reverse pickup: Upon approval, we will determine whether reverse pickup service is available at your PIN code. Where available, pickup will be scheduled at no additional charge. Where reverse pickup is unavailable, you are strictly required to self-ship the Product via a reputable trackable courier and must share the airway bill number and tracking details with us via WhatsApp promptly upon dispatch. Self-ship charges are to be borne by the User unless the exchange is on account of a manufacturing defect or incorrect product dispatched by us.
- 8.5Timeline: Pickup or receipt of the returned Product will be arranged within 6–7 Business Days of approval. The replacement Product will be dispatched within 6–7 Business Days of receipt and successful quality inspection of the returned item.
- 8.6One exchange per order: Only one exchange is permitted per Order. A second exchange, at our sole discretion, will incur a charge of ₹250 plus any applicable price difference between the returned and replacement Product.
- 8.7Substitute product: Where the requested size or style is unavailable at the time of exchange, you may select an alternative Product of equal value. If no suitable alternative is chosen, store credit will be issued in accordance with Clause 9.3.
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8.8Products not eligible for exchange: The following Products are strictly ineligible for exchange under any circumstances:
- (a)Accessories of any kind.
- (b)Products purchased during a sale, using a discount coupon, or redeemed via a gift voucher or store credit.
- (c)Products that have been used, worn, washed, soiled, damaged, or altered in any manner after delivery.
- (d)Products returned without original tags, labels, or packaging.
- (e)Products for which a valid, compliant unboxing video as required under Clause 8.2 has not been submitted.
- (f)Products where the complaint relates solely to colour variation within the 10–12% tolerance described in Clause 3.2.
- (g)Requests raised beyond the 48-hour window specified in Clause 8.1.
9 Refunds
- 9.1Eligibility: Monetary refunds are issued only in the following situations: (a) the Product delivered has a confirmed manufacturing defect; or (b) an incorrect Product was delivered and no suitable replacement is available in stock. All other requests will be addressed through the exchange mechanism under Clause 8.
- 9.2Verification: All refund claims are subject to verification by our quality-check team, which will review the mandatory unboxing video and, where necessary, inspect the returned Product. Our determination following such review shall be final.
- 9.3Store credit: Where a monetary refund is not applicable but the User is entitled to relief — including where the requested exchange size or style is unavailable — we may issue store credit equivalent to the Product value. Store credit is valid for 30 days from the date of issue, is non-transferable, non-extendable, and may be redeemed in a single transaction only.
- 9.4Processing timeline: Approved monetary refunds will be credited to the User's original payment method within 2–7 Business Days of approval, in accordance with applicable RBI guidelines and payment gateway timelines. We are not responsible for delays attributable to banks or payment processors.
- 9.5Non-refundable amounts: The ₹99 Partial COD handling fee is non-refundable in all cases. Shipping and logistics charges are non-refundable unless the refund is on account of a manufacturing defect or incorrect product dispatched by us.
Part E — Promotions, Content & Intellectual Property
10 Gift Cards, Coupons & Promotions
- 10.1Gift cards, discount coupons, and store credit are non-transferable, non-encashable, and non-refundable. They may not be clubbed with other offers or promotions unless explicitly stated at the time of issue.
- 10.2All promotional campaigns and discounts are subject to specific terms and validity periods communicated at the time of the offer. We reserve the right to withdraw, modify, or discontinue any promotion at any time without prior notice.
- 10.3Abuse, misuse, or fraudulent redemption of promotional codes or gift cards may result in cancellation of Orders, forfeiture of the benefit, and suspension of the User's Account.
11 User Content
- 11.1By submitting, posting, or uploading any User Content on or through the Site (including product reviews, photographs, and videos), you grant Shweta Enterprises a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, and transferable licence to use, reproduce, publish, distribute, translate, adapt, modify, publicly display, and create derivative works from such User Content across all media channels and platforms, including social media, for marketing and commercial purposes.
- 11.2You represent and warrant that: (a) you are the original author or hold all necessary rights to the User Content you submit; (b) the User Content does not infringe the intellectual property, privacy, or other rights of any third party; and (c) the User Content does not contain any defamatory, obscene, offensive, or unlawful material.
- 11.3We reserve the right to remove, moderate, or refuse any User Content at our sole discretion without notice or liability.
12 Intellectual Property
- 12.1All content on the Site, including but not limited to text, graphics, photographs, logos, icons, design layouts, software code, and trade marks, is the exclusive property of Shweta Enterprises or its licensors and is protected under applicable Indian and international intellectual property laws.
- 12.2You are strictly prohibited from copying, reproducing, modifying, republishing, uploading, transmitting, distributing, or creating derivative works from any content on the Site without our prior written consent, except for your own personal and non-commercial use.
- 12.3Any unauthorised use of our intellectual property may constitute a violation of applicable law and may result in civil and/or criminal liability.
Part F — User Obligations, Warranties & Liability
13 Acceptable Use
- 13.1You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Site.
- 13.2Without limiting the foregoing, you shall not: (a) use the Site to commit fraud or engage in any deceptive practice; (b) attempt to gain unauthorised access to any part of the Site or its infrastructure; (c) transmit any malicious code, viruses, or harmful software; (d) impose an unreasonable load on our servers or infrastructure; or (e) scrape, harvest, or collect data from the Site without our prior written consent.
- 13.3We reserve the right to immediately suspend or permanently terminate a User's access for any breach of this Clause without prior notice or liability.
14 Privacy & Data Protection
- 14.1Your personal data is collected, stored, and processed in accordance with our Privacy Policy, which forms an integral and binding part of these T&C. By using the Site, you also consent to the terms of our Privacy Policy.
- 14.2We handle your personal data in compliance with the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and any other applicable data protection legislation in India.
15 Disclaimer of Warranties
- 15.1THE SITE, ALL PRODUCTS, AND ALL ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
- 15.2We do not warrant that: (a) the Site will be uninterrupted, error-free, or free from viruses or other harmful components; (b) the results obtained from use of the Site will be accurate or reliable; or (c) any defects in the Site will be corrected.
16 Limitation of Liability
- 16.1To the maximum extent permitted by applicable law, Shweta Enterprises' aggregate liability to any User arising out of or in connection with these T&C, the Site, or any Products — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the lesser of: (a) the total amount paid by you for the specific Product(s) giving rise to the claim; or (b) ₹1,000 (Rupees One Thousand only).
- 16.2In no event shall we be liable for any indirect, incidental, special, punitive, exemplary, or consequential loss or damage of any kind, including loss of profits, loss of revenue, loss of goodwill, loss of data, loss of anticipated savings, or business interruption, whether or not we had been advised of the possibility of such loss.
- 16.3Nothing in these T&C shall exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under applicable law, including the Consumer Protection Act, 2019.
17 Indemnification
- 17.1You agree to defend, indemnify, and hold harmless Shweta Enterprises, its proprietors, directors, employees, agents, and service providers from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of or access to the Site; (b) any breach by you of these T&C; (c) your violation of any applicable law or regulation; or (d) any infringement by you of the rights of any third party.
18 Force Majeure
- 18.1We shall not be liable for any failure, delay, or partial performance of our obligations under these T&C where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, earthquake, epidemic, pandemic, war, civil unrest, governmental or regulatory action, embargo, labour dispute, power failure, or failure of internet or telecommunications infrastructure.
- 18.2In the event of a force majeure event, we will endeavour to notify you as soon as reasonably practicable and will resume performance as soon as the event ceases.
Part G — Legal, Compliance & Grievance
19 Governing Law & Dispute Resolution
- 19.1These T&C and all matters arising out of or in connection with them shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
- 19.2The courts of competent jurisdiction at Mumbai, Maharashtra shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these T&C, your use of the Site, or any Order placed by you, subject to mandatory consumer dispute resolution mechanisms under the Consumer Protection Act, 2019.
- 19.3Before initiating any legal proceedings, we encourage you to contact us at support@burgundybae.in to seek an amicable resolution. We are committed to addressing User grievances in good faith and within a reasonable timeframe.
20 Grievance Officer
In accordance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, the following person has been designated as the Grievance Officer for burgundybae.in:
| Name | Grievance Officer, Shweta Enterprises (Burgundy Bae) |
| support@burgundybae.in | |
| Address | Mumbai, Maharashtra, India |
| Available hours | Monday to Friday, 10:00 am – 7:00 pm IST |
| Response time | Within 48 hours of receipt; resolved within 30 days per Rule 4(2) of the Consumer Protection (E-Commerce) Rules, 2020 |
21 Amendments to These T&C
- 21.1We reserve the right to amend, revise, or update these T&C at any time. The revised T&C will be posted on this page with an updated effective date. It is your responsibility to review these T&C periodically.
- 21.2Your continued use of the Site or placement of any Order following the posting of amended T&C shall constitute your unconditional acceptance of the revised terms. If you do not accept the revised terms, you must cease using the Site immediately.
22 Miscellaneous
- 22.1Entire agreement: These T&C, together with our Privacy Policy, Shipping Policy, Refund Policy, and Return & Exchange Policy, constitute the entire agreement between you and Shweta Enterprises with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.
- 22.2Severability: If any provision of these T&C is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
- 22.3Waiver: No failure or delay by us in exercising any right, power, or privilege under these T&C shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any further exercise of the same or any other right.
- 22.4Assignment: You may not assign, transfer, or sub-license any of your rights or obligations under these T&C without our prior written consent. We may assign our rights and obligations under these T&C at any time without notice to you.
- 22.5No partnership: Nothing in these T&C shall be construed as creating a partnership, joint venture, agency, employment, or franchise relationship between you and Shweta Enterprises.
- 22.6Language: These T&C are written in the English language. In the event of any conflict between the English version and any translated version, the English version shall prevail.
