BIOMIZE and its mobile applications are defined as "Website"
BIOMIZE is defined as “Company”, “We”, “Our” or “Us”
User of website/mobile applications is defined as “You” or “Your”
The Website acts as a platform to facilitate online purchases of products and services listed or featured on the Website. The products featured on the Website are sourced by the Company from the manufacturer/supplier and made available for purchase on the Website.
When making a purchase of any product or service through the Website, You shall take all responsibility for Your own actions in utilizing the products or services purchased by You. The Website and/or Company shall not be liable for any such action. You represent and confirm that You are of legal age to enter into a binding contract and are not a person barred from receiving services under the laws as applicable in India.
The price for each product shall be as disclosed to You at the time of Your purchase. The Company does not guarantee that the price mentioned would be the lowest in Your city, state or country. Prices and availability are subject to change without notice or any consequential liability to You. If a product is listed at an incorrect price or with incorrect information on the Website due to any form of error, the Company shall have the right to refuse or cancel any orders placed for product listed with the incorrect price or information. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment has been made. If payment has already been made and Your order is canceled because of incorrect price or information, the Company shall immediately issue a refund for the amount so charged to the mode of payment used for the transaction.
Content and Images
The Company does not guarantee that any content will be made available through any of its services including the newsletter or on any page of the Website or that posted on social media platform(s). We reserve the right, but are not obligated, to modify or remove any content, images or material, at Our sole discretion, without any prior notice to You for no specific reason or any reason, including but not limited to receipt of claims or allegations from third parties or authorities relating to such content, image or material.
All images on the Website, the newsletter, social media platform(s) or any other media may not necessarily be photographed or clicked by an employee of the Company. Some images may have been provided by other suppliers, or generated digitally, or might have been obtained from freely available sources online. These images are posted essentially to illustrate the look and usage of the products We sell. Contents from the Website may also be used for promotional or advertisement purposes on Our social media platform(s) or newsletter or any other media. We, therefore, do not warrant to the correctness of such images posted on the Website, Our social media platform(s), newsletter or any other media.
You, in accordance with the Terms & Conditions, may access and use the content, images and material from the Website, social media platform(s), the newsletter or any other media only for personal and informational purposes.
Accounts and Membership
Account creation and Membership on the Website is free for buyers. The Company does not charge any fee for browsing and purchasing products on the Website. The Company reserves the right to change its fee policy from time to time. The Company may, at its sole discretion, introduce any new services or modify any existing services offered on the Website and can introduce fees for these new or modified services. Any changes to the fees will be posted on the Website and shall become effective immediately after they are posted on the Website. You may only create one account on the Website (herein after referred to as “Your Account”). We reserve the right to terminate any additional accounts that may be created by You or at Your behest, in Your name.
The order placed by You on the Website constitutes Your acceptance to purchase the product offered on the Website. Once You have placed the order on the Website, You will be intimated electronically or in any other form that We have received Your order. We will, thereafter, take steps to process and dispatch the order to You. For Cash on Delivery orders, We will first contact You before the product is dispatched to confirm Your Order and then proceed to dispatch the same. If We cannot process Your order as Cash on Delivery, then We will inform You electronically or over the phone.
If the product You have ordered is out of stock or for any reason, the order placed cannot be shipped or delivered to You, entirely or partially, the Company will contact You to provide necessary options. If a refund is requested and the order has already been paid for, the refund will be processed directly back to Your credit card, debit card, bank account or any other payment method used for such transaction. For Cash On Delivery orders, no refund shall be given as no payment has been collected by the Company.
For processing payments through most online modes (except payment modes mentioned below), We use a third-party payment gateway and processor (hereinafter referred to as “Payment Processor”). When making payments, You might be required to provide Your credit card or debit card details or other details as may be necessary to the Payment Processor. Therefore, the processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to all terms, conditions and policies of the Website. You agree to provide correct and accurate credit card or debit card or other details to the Payment Processor for purchasing any products or availing any services on the Website. You will be solely responsible for the security and confidentiality of Your credit/debit card details or other details provided by You. The Website and/or Company shall not be responsible for any liabilities that may arise as a consequence of any unauthorized use of Your credit card or debit card or detailed provided by You.
Online banking, Unified Payment Interface (UPI), mobile wallets and other similar payment modes, having their own payment facility/gateway/system, process payments/transfers using such facility/gateway/ system. All such payments/transfers are, thus, also governed by the terms and conditions agreed to between You and the respective issuing bank or UPI processor or other party/entity whose payment facility/gateway/system is being used to make the payment/transfers.
Cash on Delivery
The Website offers Cash on Delivery option for certain products.
You are requested to verify the total amount before making a Cash on Delivery payment and then after delivery, verify the product. In case any of the product(s) delivered is/are not what You had ordered, You are required to initiate a return for such product(s) as per the Cancellation & Return Policy of the Company
The product shall be delivered only against the full payment of the price for such product (including shipping charges) as mentioned in the order receipt.
The Company may disable this Cash on Delivery option temporarily or for certain products without prior notice to You.
Comments and Reviews
Any comment, review or information that You submit to or post on the Website or provide to the Company will be treated as non-proprietary and non-confidential. The Company and/or the Website shall have irrevocable, transferable and royalty-free right to publish, use, copy and distribute such content. All such content shall automatically become the sole and exclusive property of the Company and shall not be returned to You. If You post any comments or reviews on the Website, You grant the Company the right to use all information from that respective post. Under no circumstances You shall use a false e-mail address or pretend to be someone else to post any comments or reviews on the Website. The Company, in its discretion, may edit or remove or withdraw any post, reviews or comments, for any reason, without any intimation to You.
Permission for use of Website
Subject to the terms and conditions mentioned herein, You have the permission to use the Website for browsing the contents thereof, making any purchase or availing the services provided by the Company.
The contents of the Website including but not limited to the product content, graphics, compilation of data, layout of the webpage, icons and audio/video clips are the property of the Company and protected under copyright law in India. The Website or any portion of thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose without the express written consent of the Company.
The Company shall not be liable for any loss that You may incur as a result of incorrect or unauthorized use of Your personal information or Your Account that occurs with or without Your knowledge. The Company does not warrant to the correctness or accuracy of the information, content, material or images on the Website and/or the newsletter and/or Our social media platform(s). The Company is not liable/responsible to You for any claims or losses arising out of or by placing reliance on the information, content, material or images posted on the Website and/or its newsletter subscribed by You.
The Company will endeavor to provide uninterrupted access to the Website to the extent possible. However, access to the Website may be temporarily suspended or restricted to allow for repairs, maintenance or updation without prior notice to You.
The Company shall not be responsible for any planned or unplanned downtime or unavailability of the Website. You may download any information, content or images from the Website and/or the newsletter and/or Our social media platform(s) at Your own risk and the Company shall not be held responsible for any damage or loss of information or data that may occur from the download of said information, content or images.
The Company shall not be liable for any injury suffered by or inflicted on You while unpacking or opening the contents of the packaging or the product or at the time of handling or using the product purchased by You from the Website. In the event You notice that the product is damaged or defective in any way (not on account of Your fault or actions), You are requested to notify the Company within 48 hours of receiving the package. You shall not hold the Company responsible or claim any losses for any injury to You or any other person, arising from handling or using such damaged or defective product.
If there is any delay or failure to comply with Our obligations under these terms & conditions on account of any unforeseeable event which is beyond Our control, We shall not be liable for any losses arising, if any, from such delay or failure to comply to with terms & conditions.
Notwithstanding anything to the contrary, the entire liability of the Company to You, in any event, shall be the refund of the money that is charged to You, if the Company is under any liability to pay any amount. In no event shall the Company and/or any of its directors, officers, employees, suppliers or vendors be liable to You or any third party for any type of special, incidental, indirect, consequential or punitive damages whatsoever. This includes any theory of liability, including warranty or breach of contract, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of any products and services from the Website.
In case We take no action for Your breach of these terms and conditions, the same shall not constitute a waiver of Our rights. We will still be entitled to use Our rights and remedies for any subsequent breach of these terms and conditions.
Changes to Terms & Conditions
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time and any or all of the content, products, features and services or change/charge any price for the product or charges for use of the services contained on the Website, at any time and in its sole discretion.
The Website may add or modify any processes, procedures or conditions of purchase at any time. The Company shall not be liable to You or to any third party for any changes, modification or discontinuation of any services. The Company reserves the right to modify, suspend or restrict access to all or part of the services at any time without any prior written notice.
Any such changes will become effective on the date it is notified as having become effective and/or on posting on the Website. Your continued use of the Website following the posting of changes will constitute Your acceptance of such changes. It is Your responsibility to check these Terms & Conditions periodically for changes. We encourage You to review the Terms & Conditions whenever You visit the Website. If at any time You choose not to accept these Terms & Conditions, including following any such modifications hereto, then please do not use the Website.
Governing Law, Jurisdiction and Disputes
Access or use of the Website or orders placed by You on the Website or matters relating thereto, shall be governed in accordance with laws of India, regardless of the laws that might be applicable under principles of conflicts of law. Any claims, transactions and disputes related to the Terms & Conditions of the Website and/or the relationship between You and the Company or the purchases made by You on the Website shall be subject to exclusive jurisdiction of the courts at Delhi, India and You hereby accede to and accept the jurisdiction of such courts.