Terms of service

The following terms and conditions (these “Terms of Use” or “Terms”), govern your access to and use of the website, including any content, functionality and services offered on or through www.garrten.com and mobile application (the “Platform”), by BALKRS.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

By using our Services you agree that you are over the age of eighteen (18) years who can form legally binding contracts under applicable law, and who properly create a valid account. By using our Services you agree that we reserve the right to suspend your account or stop providing our Services to at our discretion.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.These terms of use are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the website by any person.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your”, or "User" shall mean any natural or legal person who has either registered on the Website as a registered user or who visits the Website as a guest. The term "We", "Us", "Our" shall mean Balkrs. 

1. Use of Our Services

You understand that by accessing the Platform, and in becoming a member, you receive only the ability to use the Platform to access the Platform. You also acknowledge and agree that at all times, it is your responsibility and not Balkrs’s responsibility, which is disclaimed to the maximum extent of the law, to be familiar with, to abide by and to comply with all relevant national, state, local, and international laws, rules and regulations that may apply to any Items.Members also acknowledge and agree that they are users of the Platform only, and that they are not Balkrs employees, joint venturers, partners, or agents whatsoever.

1. Modification or Changes to the Platform or Terms of Use

We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or the entirePlatform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, Fees (defined below) or any other aspect of the relationship between Balkrs and You. You should look at the Terms regularly.

If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Platform, send you a messageor otherwise attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the Platform for existing users and immediately for all the new users joining and accepting the terms after and on the day these are amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Platform.

3.Account Registration, Member Verification and Other Member Representations And Warranties

Creating an account in the Platform is optional. To access our Platform or to make a purchase, you do not necessarily need to create an account, you can purchase as a guest. You will need to provide valid phone number and email address at the time of checkout. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction (s).

To create a Member account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Gärrten Account password and You are solely responsible for all activity that occurs on or through your Account and that You will immediately inform Balkrs of any suspected unauthorized use. Balkrs is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Balkrs or third parties due to unauthorized use of Your Account.

1. Communications

When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.

1. Carting of Products for Intended Purchase

We may reserve the right to limit the number of Gärrten products, You can cart for an intended purchase in a single transaction.  Once You have completed selection of products for an intended purchase, as part of the checkout process, You must provide all relevant details requested on the Website including, among other things, the name of the intended recipient and their delivery address, etc. These details would then be transmitted to Us who would then proceed to book and confirm your order after successful payment on the payment gateway.  You warrant that any personal information which You are required to provide when placing an order is true, accurate, current and complete in all respects. You agree that any personalized products (if any) You may purchase are for your own, or your recipient's personal use, and no attempt will be made to market, resell or re-distribute the personalized products in any manner whatsoever.

1. Billing

The price of our merchandise as mentioned on Garrten.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Balkrs reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. that may be applicable for your country.

​7. Order Cancellation by Us

Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Balkrs reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days.

1. ​Shipping& Processing Fee

Our shipping and processing charges are intended to compensate Us for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.

1. ​Payment

While availing any of the payment method/s offered by Us, We are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

All payments made against the purchases/services on Garrten.com by you shall be as against the price displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by Us. Before shipping 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 so as to ensure a safe and a fool proof online shopping environment to our users.

We may employ third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by Us which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.

​10.Delivery

Balkrs endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Balkrs fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Balkrs may at its discretion charge you for additional shipping cost.

​11. Refunds & Returns

Balkrs shall make all endeavours to deliver defect free products to the purchasers. Balkrs does not take title to any returned items purchased by the user unless the item is received by Balkrs. Any item purchased on Our website does qualify for any return within 15 days. In case the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to Us within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.We hold the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges FAQ.

​12. Product Descriptions

Products displayed on Garrten.com attempts to be as accurate as possible. However, We do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Balkrs is not as described, your sole remedy is to contact Us within 48 hours of receipt and Balkrs reserves the right to provide a solution as per its discretion. We hold the sole discretion to determine whether a refund can be issued

1. Product Pricing Disclaimer

The prices displayed on our website may differ from prices that are available in stores. Further the prices displayed in our catalogs are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and may not include shipping and taxes which may be extra as applicable.

1. Access to Website

We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

1. Rights and Obligations of Balkrs

• Balkrs will attempt to continuously innovate in order to provide the best possible Services to its users. You acknowledge and agree that the form and nature of the Services provided by Balkrs may change from time to time without any prior notice.

 

• You acknowledge and agree that Balkrs may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to User at its sole discretion.

 

• You acknowledge and agree that if Balkrs disables access to your account or login route, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

 

• You acknowledge and agree that while Balkrs may not currently limit your use of the Services in any way, it may do so if that use hinders with the ability of Balkrs to carry on its operations or the ability of other customers to use the offering.

 

• Balkrs shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of theServices or the discontinuation altogether thereof.

1. Rights and Obligations of Users

• In order to access the Services, the User may be required to provide personal information, as part of the registration process, for his continued use. You agree that registration information provided shall be accurate, correct and up to date.

 

• You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or guidelines.

 

• You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by Balkrs unless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means including but not limited to the use of scripts and web crawlers.

 

• You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering).

 

• You agree that you are solely responsible for (and that Balkrs has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Balkrs may suffer) of any such breach.

 

• You agree that will not use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions.

 

• You agree that will not violate any national, local, state, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to You or to any Items.

 

• You agree that will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site.

 

• You agree that will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Balkrs or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.

 

• You agree that will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.

 

• You agree that will not violate any Balkrs policies that govern or relate to Your use of the Platform and interactions with You and third parties.

 

• You agree that will not take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Balkrs and which relate to Members.

 

• You agree that will not register for more than one (1) Gärrten Account or registering for a Gärrten Account on behalf of an individual other than Yourself or transferring or purporting to transfer your Gärrten Account to any other person.

 

• You agree that will not undertake any activity or engage in any conduct thatis inconsistent with the business or purpose of the Platform; and

1. Website Content

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. You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

1. Third Party Websites

The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. Balkrs is not responsible for these third party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. Balkrs is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Balkrs be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.

1. Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), are the sole property of Balkrs. Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Balkrs express prior written consent.

This Website is controlled and operated by Balkrs. We own all copyright, trademarks, and other intellectual property rights in the contents within this Website including description, images, illustrations, audio clips, and video clips featured in the product listings. The compilation of all content on this Website is the exclusive property of Us. All software used on this Website is the property of Us, throughout the world and in perpetuity. Material on Website is solely for Your personal, non-commercial use. All rights are reserved. You shall not copy, retain, distribute, reproduce, republish, upload, post, transmit or use any of the content on this Website in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so, except with our prior written consent. The use of such intellectual property by You, or anyone else authorized by You, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorized use of the intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We neither warrant nor represent that Your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Us.

1. Compliance with Laws

Customer and a registered seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made thereunder and notifications issued there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility of the Seller .

1. EXCLUSION OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON "AS IS"BASIS.IN PARTICULAR, BALKRS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, ANDANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND BALKRS WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

BALKRS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

1. LIMITATION OF LIABILITY

YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. BALKRS SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL BALKRS ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BALKRS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

1. Indemnification

You shall indemnify and hold harmless Balkrs, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, shareholders, agents, employees, representatives, from and against any and all claims, demands, liabilities, obligations, losses, costs or debt, damages, actions and expenses (including reasonable attorneys' fees) arising out of or relating to (i) Your use of Website including but not limited to use of any Content; (ii) any breach or alleged breach of these Terms of Use, Privacy Policy and other Policies, (iii) Your violation of any law, rules or regulations or the rights of a third party. This indemnification obligation will survive the expiry or termination of these Terms of Use and Your use of the Website.

1. General Terms

 

These Terms constitute the legal agreement between You and Balkrs and govern Your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services You wish to avail of (but excluding any offering which Balkrs may provide to you under a separate written agreement), and completely replace any prior agreements between You and Balkrs in relation to the offering.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

These Terms, and Your relationship with Balkrs under these Terms, shall be governed by the laws of India, and in particular the laws in Mumbai shall be applicable and Courts in Mumbai shall have jurisdiction.

 

Last updated: 01^th Jan 2023