Terms & Conditions
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The term "www.barksnlicks.com" or "us" or "we" or "Website" or "Company" refers to the Owning Party of this website with registered office at -
- #12, New Lakshmipuram, Kolathur, Chennai, Tamil Nadu - 600099, India
(Hereinafter referred to as www.barksnlicks.com)
The website www.barksnlicks.com is an online portal for the e-retailing of pet foods and products including toys and accessories.
The membership of this website is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If You are a minor and wish to use the website, you may do so through your legal guardian and www.barksnlicks.com reserves the right to terminate your account on knowledge of You being a minor and using the membership of the site.
The use of this website is not limited to those above the age of 18 only and is allowed to all barring those ‘Incompetent to Contract’ which inter alia include insolvents under the Indian Contract Act, 1872.
Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, We hold the rights to permanently suspend your account.
3. DESCRIPTION, SPECIFICATIONS AND PURCHASING OF GOODS AND SERVICES
Marketing information provided by us: Any sales and marketing information provided by Us, including but not limited to, sales and marketing literature, catalogues, price lists, documents, etc., shall not constitute a contractual Offer capable of Acceptance and would merely exist to be an Invitation to Offer.
Placing an order with us: Your act of placing an order (hereinafter your “Order”) for any goods or services provided by the Website shall be deemed to constitute a contractual Offer that may be accepted or rejected, by the Website, at its discretion. You may, if you wish to do so, cancel your Order for the goods or services within 2 days of placing such Order or before we dispatch the goods or services for delivery, whichever is earlier. In the event We chose to accept such Order, We shall revert to You with a written Letter of Acceptance and such act shall conclude a legally binding contract between You and Us for the delivery of the goods or services ordered.
Cancellation of orders by us: However, We reserve the right to cancel your Order at our sole discretion, even after Acceptance of the same if We find Ourselves in circumstances wherein:
a) the goods or service goes out-of stock and We are unable to re-stock the same within 7 business days;
b) an event, force majeure, occurs, making impossible the delivery of the ordered goods or services and putting the same out of the scope of our reasonable control; such events may include but not be limited to power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, floods, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or any other natural disaster or any other reason that is beyond our control.
Illustrations and Descriptions on our site: The Website shall take every and all reasonable efforts to ensure that the goods and services provided conform and match the illustrations and descriptions provided in the sales and marketing literature like catalogues and price lists available on the Website. The Website, however, does not guarantee that all such illustrations and descriptions shall be accurate reflections of the product due to unwarranted differences in the colour reproduction of electronic displays.
If the Website finds, or is made aware of, any typographical, clerical or other accidental errors or omissions occurring in the sales and marketing literature like catalogues and price lists, the Website shall make every reasonable effort to rectify the same, to the extent that the existence of such errors or omissions is within the control of the Website, as soon as is reasonably possible.
If You receive any goods or services that do not conform to the illustrations and descriptions available on the Website and/or due to the above mentioned unwarranted errors or omissions, You may return the same to the Company and are liable to be recompensed for the price of the goods or services paid by You, to the extent that such default was reasonably within the control of the Company. Such refund shall take place via the same medium You made use of to make the payment in the first place.
However, We reserve the right to make any changes to the specifications of the goods and services, without prior notice, provided that such action is essential to conform to any applicable safety or other legal regulations and requirements that govern such transactions.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
5. Charges, Prices & Payments
All the payments within the site are processed by RazorPay or CitrusPay. Once the payment is processed, do not close the browser, as you will be directed back to our Thank You page, where you will see the order confirmation details. We shall send you an Email confirming the order with the same details. Also, no matter how much time it takes, never press the back button on the browser when the transaction is still in process.
If there is an error, you will be notified. Online transactions sometimes fail. In case of such failure, kindly re-check information submitted to payment gateway (account details, password, billing address, name, etc.). The other common cause is slow/no internet connectivity. So, please check your connectivity before making the payment or avoid making payment on the move due to the lack of good 3G/4G service in India.
If there is a transaction failure or blank page post entering your payment details, but the amount has been debited from your account, the same will be rolled back to your account within 7 working days by RazorPay or CitrusPay.
Membership charges: The membership of this website is free of cost but this includes only the browsing of the site, accessing the sale and marketing literature and any other deemed free service. We reserve the right to amend this no-fee policy and charge for the services rendered as we may deem fit. In the event that such a change occur, Users will be intimated of the same, and it shall be up to You to decide whether or not You shall continue with services offered by Us. Such changes become effective as soon as they are posted on the Website.
Prices Displayed and Changes in the Price: The price of the goods and services (hereinafter the “Price”) that you order from Us (not free) shall be displayed on the Website as per the prices in force at that point of time. We shall undertake every reasonable effort to ensure that these prices are correct but the same may not be the case in all situations. In the face of such event, that we find upon processing your Order, that the Price of the same has changed, We shall contact You to find out how You may wish to proceed with the Order. However, if your Order has already been accepted, such price changes shall not affect your transaction with Us.
All Prices, displayed on the Website, include GST wherever applicable. If there occurs any change in the above during the difference of time between the date You place your Order and the date You make the payment, the same shall be incorporated in your transaction with Us. Such changes shall not affect your Order if You have already made payment for the same.
However, Our Prices, as mentioned on the Website, are exclusive of delivery costs. The same shall be added to the final amount owed by You to Us as a result of your Order. The Company reserves the right to modify delivery costs anytime it may deem fit and charge You for the same any time before You make payment for your Order.
You shall make full payment of the amount due of goods and services You order before We dispatch them for delivery. You shall make this payment via the payment portal available on Our Website and the options provided by it.
NOTE: COD has been discontinued indefinitely for now.
Delivery Duties/Tax/Fees: In the event of additional duties, taxes, Octroi, cess, clearance charges and any other charge/levy by whatsoever name called, are levied on your shipments while entering the destination State. Such charges levied by any government authority, along with the Service Charge(documentation fee for Octroi/Duty/Tax ), will be claimed from the customer/recipient at the time of delivery and should be paid in full. Octroi is charged on all shipments to Mumbai, and should be paid at actuals by the customers at the time of delivery.
Certain states carry different shipping rates. You can see the same at the checkout page before confirming the order.
For any further questions on payment please write to us at woof(at)barksnlicks(dot)com or call us at +91 99868-TWO-6782.
6. SHIPMENT, DELIVERY AND RETURN OF GOODS
Shipment of goods: Paid orders are usually processed and shipped within the same day. For COD orders to be processed, a Phone Call Verification would be done within 2 working days and only then will the order be fulfilled. In case We are unable to verify Your Authenticity, the order will be cancelled and You shall be notified accordingly.
We do not ship items on Sunday or Public Holidays, as such; all orders placed post 12 noon on Saturday or day prior to public holiday will only be shipped on the next working day.
Although the standard time for shipping an order is 6-10 days, this may vary due to various factors like the distance and the type of goods involved.
We will not be liable to you in respect of any delay in delivery by the courier companies associated with us. Barksnlicks (www.barksnlicks.com) only agrees to hand over the consignment to the courier company as per the stipulated time(same day or next day) from the date of placing the order. The delay due to various reasons by the courier company, is completely out of our scope, though we will do our best to liaise with the courier company on your behalf.
You cannot make any changes in the order once it has been shipped. It is requested that once you place an order with us, you contact our Customer Service desk at woof(at)barksnlicks(dot)com or +91 99868-TWO-6782 as soon as possible to make any changes to your order. No changes in the order will be entertained after the goods have been shipped.
You may cancel the order at any time before any item in the order has been shipped. The money that has been transferred to us vis-à-vis the order shall also be refunded. The entire order shall stand cancelled, irrespective of the number of items in the order.
Estimated Delivery Date and Date of Delivery: Our Letter of Acceptance of your Order shall contain, within it, an estimated Date of Delivery and We shall try to ensure that the goods and services you intended to purchase through your Order shall be delivered to the address You specified, while making the same, by or on the estimated Date of Delivery. However, most of the logistics partners deviate from this estimated Date of Delivery which may occur due to various reasons that may include, but not be limited to, availability of goods or services, your location, your availability and circumstances which are beyond Our control.
Delivery of the Goods: The delivery of the ordered goods of services shall be deemed to have taken place when the ordered goods or services have been brought to the address specified by You for the purpose of the same. The risk of the goods or services remains with Us until they have been delivered to You. Hence, goods or services lost in-transit or after they have been dispatched and before they reach You shall be the responsibility of the Website to indemnify and the same shall be re-dispatched to You.
7. GUARANTEE ON GOODS AND EXTENT OF OUR LIABILITY
The goods or services shall be provided with the manufacturer’s guarantee, wherever the same may be applicable. The Company shall stand absolved of any further responsibility of the goods or services after they have been delivered and shall not extend any further guarantee to the same. For any further details, You may refer to the manufacturer’s guarantee documentation provided with the goods and services delivered.
8. Third Party Information
Other than when provided for, the use of such content and it being 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 Our express prior written consent is not allowed.
9. User Obligations
You are a restricted user of this website.
You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed for the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
g) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
i) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
j) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
l) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
m) Violate any applicable laws or regulations for the time being in force within or outside India;
o) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
p) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
q) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
r) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
s) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
Disclosure of information to law enforcement and other government agencies: We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
10. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, www.barksnlicks.com MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. www.barksnlicks.com ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS and MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. www.barksnlicks.com ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
11. Indemnification and Limitation of Liability
IN NO EVENT SHALL WE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
12. Third party information
The website hosts information provided by third party. We are now responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but, You agree to not make us liable for the falsification of any such provided information.
13. Compliance with Laws:
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, 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 Payment Facility and the website.
14. Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties however; the parties in good faith will attempt to bind by the decision.
In case of the failure of the aforementioned mechanism, the dispute shall be handled by the courts of Chennai in the State of Tamil Nadu.
Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of Tamil Nadu. The mode of appointment of the arbitrators is as provided above.