Terms and Conditions


Welcome to Brown Bear Bakers's Website!

All Products / Services and information displayed on this Website constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the Terms & Conditions listed below.

PLEASE NOTE that Brown Bear Bakers reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and thereafter process the order.

Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act commission or omission by brownbearbakers.com prior to the actual dispatch of the product(s) will constitute acceptance of your offer.

GENERAL

We reserve the right to refuse service to anyone 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.

ELIGIBILITY FOR MEMBERSHIP

THE use of this Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site.

If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Where your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited.

PLEASE NOTE that Brown Bear Bakers reserves the right to terminate your membership and refuse to provide you with access to the Site if Brown Bear Bakers discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Brown Bear Bakers for any reason whatsoever.

ACCOUNT AND REGISTRATION OBLIGATIONS

If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password.

Brown Bear Bakers shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password, you should notify us by contacting us immediately through the address provided below.

Where Brown Bear Bakers has reason to believe that there is likely to be a breach of security or misuse of this Website, we may require you to change your password or we may suspend your account without any liability to Brown Bear Bakers. Further you agree to:

  • Provide true, accurate, current and complete information about yourself in the Registration Form; &
  • Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, we reserve the right to indefinitely suspend or terminate your membership and refuse to provide you with access to this Site.

PRICING INFORMATION

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. When it does so, Brown Bear Bakers cannot confirm the price of a product until a confirmed order is received from you.

In such an event wherein the Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Brown Bear Bakers shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.

Likewise, if an item is mis-priced, Brown Bear Bakers may, at its sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we shall have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, OR cancel the order and notify you of such cancellation. WHEREIN Brown Bear Bakers accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed.

NOTE: The Prices and Item Availability are subject to change without notice.

CREDIT CARD DETAILS

You agree, understand and confirm that

  • Credit card details provided by you for availing of services on this Website will be correct and accurate.
  • You shall not use any credit card which is not lawfully owned by you.
  • You agree to provide correct and valid credit card details when making payment.

Where you do not adhere to the above rules, Brown Bear Bakers reserves the right at its sole discretion to reject your Credit Card Payment. Also, if you're required for fraud verifications or by law, regulation or court order, we will not be liable for any credit card fraud. The liability for the fraudulent use of a card will be on you and the onus to 'prove otherwise' shall be exclusively on you.

FRAUDULENT / DECLINED TRANSACTIONS

We reserve the right to recover the cost of goods, collection charges and lawyer's fees from people using this Site fraudulently AND initiate legal proceedings against such people for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.

Further, we shall not be under any kind of liability whatsoever with respect to or of any loss or damage arising directly or indirectly out of a declined 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.

USER'S OBLIGATIONS

As a user of this Site, you agree not to:

  • Disseminate any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  • Transmit material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  • Try to gain unauthorized access to other computer systems;
  • Interfere with any other person's use or enjoyment of this Site;
  • Breach any applicable laws; &
  • Interfere or disrupt networks or Websites connected to this Site;
  • Make, transmit or store electronic copies of materials protected by copyright without the permission of the owner.

In case you flout any of the above rules, we may without limiting other remedies, in our sole discretion, prohibit your access to our sites, services, applications, and tools AND also suspend your membership with Brown Bear Bakers.

In addition, we may also take technical and legal steps to keep you from using this Site, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies.

COPYRIGHTS & TRADEMARKS

All contents of this Site are copyright, trademarks and intellectual property owned and licensed by Brown Bear Bakers.

All images, garments, programs, processes, text, technology, content and other materials that appear on this Site are the intellectual property of Brown Bear Bakers. Further, all logos, names, slogans and related product and service names are the trademark of Brown Bear Bakers.

Access to this Website does not authorize anyone to use the name, logo or mark in any manner. 

Where this Site provides links to third party Websites and /or reference to their names, marks, products or services, this does not constitute or imply our endorsement, recommendation or sponsorship of the third party, information, product or service. PLEASE NOTE all of this information is rather provided to you as a convenience. 

Brown Bear Bakers exempts any responsibility for any third party Websites' content and accuracy of Site material. Any reliance on the contents of a third party website is done at your own risk and you assume responsibility and consequence resulting for use of third party Websites. 

INDEMNIFICATION

You shall indemnify and hold harmless Brown Bear Bakers, its 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 including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.

SEVERABILITY

In the event that any provision of these Terms & Conditions are determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using this Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and 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).

LINKS TO THIRD PARTY SITES

This Website may contain links to third party Sites.

Such Third-party links on this site may direct you to third-party websites that are not affiliated with us.

PLEASE NOTE that 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 third-parties.

Further, we are not in any way 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. SO PLEASE review carefully the Third-party's policies and practices and make sure you understand them before you engage in any transaction.

All kinds of Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party only.

MODIFICATION OF TERMS

We may at any time modify the Terms & Conditions of Use of the site without any prior notification to you.

On your part, you should regularly review the Terms & Conditions on this Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

GOVERNING LAW

This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Hyderabad, INDIA, shall have exclusive jurisdiction.