Welcome to BARQUOS!
These terms and conditions outline the rules and regulations for the use of BARQUOS's Website, located at https://www.barquos.com
By accessing this website, we assume you accept these terms and conditions. Do not continue to use BARQUOS if you do not agree to take all of the terms and conditions stated on this page.
THIS DOCUMENT IS PUBLISHED IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011;
THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS DOCUMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
BARQUOS is the sole and absolute owner of the trade mark and brand name “BARQUOS” and domain https://www.barquos.com and any other subsequent web/mobile application (the “Site”). BARQUOS respects your privacy and the same is maintained as per the Privacy Policy. As a visitor to the Site and user of the services at the Site you are advised to please read these Terms and Conditions (Terms) carefully and access the Site. For the avoidance of doubt, please note that references to the Site in these Terms include any current or future version of the Site. By accessing the Site, you agree to these Terms. If you do not agree to these Terms (without modification), you are advised to not access or use the Site. Please note that any reference to BARQUOS at the Site shall mean to refer and include its affiliates, group companies, agents, officers and employees.
You represent and warrant that you are at least thirteen (14) years of age or older, or are visiting the Site under the supervision of a parent or guardian.
(1) Orders Processing:
The Site displays a list of varied products and offers for sell, including but not limited to slippers & sandals (Products) in the territory of India. All purchases made on the Site are subject to BARQUOS acceptance, which is in its sole discretion. Without limitation, this means that BARQUOS may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. Without limiting the foregoing, BARQUOS reserves the right to refuse to accept or cancel any orders which are to be shipped to any freight forwarding or similar service, whether or not the order has been confirmed. If your credit/debit card has already been charged for a purchase that is subsequently cancelled, the Site shall issue a credit to your credit/debit card account.
In case a Product appears out of stock, feel free to write to BARQUOS at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
(2) Pricing:
The price listed on the Site for the Product will be inclusive of taxes and you will be required to make payment of the final invoiced amount of such price including delivery/handling charges or other additional sums that form part of the final invoice. BARQUOS makes every attempt to properly price all Products, but errors may occasionally occur. These pricing errors may result in a lower or higher stated price on the Site. BARQUOS reserves the right to cancel orders which include a pricing or discount error.
(3) Ownership of Intellectual Property:
All trademarks, service marks and trade names of BARQUOS used in the Site (including but not limited to the name BARQUOS) are registered trademarks of BARQUOS, registered under Trade Mark Act 1999 Section 23 (2), Rule 56 (1) of India. They may not be used without BARQUOS prior written permission. Any other intellectual property on the Site, including but not limited to patents, issued or pending, are the sole property of BARQUOS and/or its licencors.
(4) Prohibited use:
The entire content on the Site, including text, graphics, and code, is protected by copyright laws and is the exclusive property of BARQUOS. This includes works that BARQUOS has created and produced for their Products. You are permitted to use the contents of this Site for your own non-commercial purposes, such as placing an order or purchasing products. However, any other use, such as reproducing, distributing, displaying, or transmitting the content, is strictly prohibited unless authorized by BARQUOS. Additionally, you must not alter or remove any proprietary notice from materials downloaded or printed from the Site.
(5) Indemnity:
The provided indemnity statement outlines the responsibilities of the user (referred to as "you") regarding their use of the BARQUOS platform. Here's a breakdown of its components:
Scope of Indemnity: The indemnity covers BARQUOS, including its officers, directors, employees, agents, licensors, and suppliers, against all losses, expenses, damages, and costs, including reasonable attorneys’ fees.
Triggering Events: The indemnity is triggered by any violation of the terms and conditions set forth by BARQUOS or any activity related to the user's registered account, including negligent or wrongful conduct, whether committed by the user or any other person accessing the site using the user's registered account.
Obligations: The user agrees to indemnify, defend, and hold harmless BARQUOS and its affiliates from and against the specified losses and expenses resulting from the mentioned circumstances.
Attorneys' Fees: The clause specifies that the indemnity includes reasonable attorneys’ fees incurred by BARQUOS in defending against claims covered by the indemnity provision.
Legal Compliance: This clause ensures that users are aware of their obligations and responsibilities when using the BARQUOS platform and helps BARQUOS protect itself against potential liabilities arising from user activities.
(6) Suspension of your account or Site:
It's important for users to thoroughly understand and comply with the terms outlined in such indemnity statements when using online platforms like BARQUOS. Failure to adhere to these terms could result in legal consequences for the user and may lead to financial liabilities.
The provided statement outlines the circumstances under which BARQUOS reserves the right to temporarily suspend access to its site, as well as the user's responsibilities in case of suspicious activity or compromised account credentials. Here's a breakdown of its key points:
Temporary Suspension of Site Access: BARQUOS retains the right to temporarily suspend access to its site for various reasons, including diagnosing technical issues, improving site quality and functionality, implementing changes, safeguarding network security and integrity, emergency planning measures, technical network failures, and compliance with applicable laws or governmental directives.
Impact of Suspension: During such suspensions, users acknowledge that the site may not operate at full capacity, may be unavailable in certain network areas, and/or coverage may be affected.
User Responsibilities for Suspicious Activity or Compromised Credentials: Users are obligated to promptly notify BARQUOS if they observe any suspicious activity related to their account or suspect that their credentials have been compromised. BARQUOS will then assist in account recovery and password reset procedures, as necessary.
(7) Links to third-party websites:
Overall, this statement aims to inform users of BARQUOS about the company's policies regarding temporary site access suspension and user responsibilities in maintaining the security of their accounts. It emphasizes the importance of prompt communication between users and BARQUOS in the event of account security concerns.
The statement you provided outlines BARQUOS stance regarding social media integration, third-party links, and disclaimers of responsibility for third-party content. Here's a breakdown of its key points:
Social Media Integration: BARQUOS clarifies that it does not endorse, promote, or provide any services through social media integration. Users may choose to log in to social media platforms separately, and BARQUOS is not responsible for any content transmitted or published on social media.
Third-Party Links and Advertisements: Users agree to access third-party links and advertisements on the BARQUOS site at their sole discretion and in compliance with the terms and conditions of those third-party websites or applications. BARQUOS disclaims responsibility for any content or transmission on social media platforms or third-party websites.
Disclaimer of Liability for Third-Party Materials: BARQUOS states that it is not responsible for examining or evaluating the content or accuracy of third-party materials or websites. BARQUOS does not warrant or accept liability for any third-party materials, websites, products, or services.
Review of Third-Party Policies: Users are encouraged to carefully review the policies and practices of third-party websites before engaging in any transactions or interactions with them.
Handling Complaints or Concerns: Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party rather than BARQUOS.
Overall, this statement aims to inform users that BARQUOS does not take responsibility for content or actions on social media platforms or third-party websites. Users are encouraged to exercise caution and diligence when interacting with third-party content or websites linked to BARQUOS.
(8) Returns/Exchange/Cancellation/Refund
The provided section outlines the policies for cancellations, exchanges, and returns on the BARQUOS platform. Here's a breakdown of its key points:
Cancellation:
Customers can request cancellation of an order within 24 hours from the scheduled delivery date.
Cancellation requests should be made by emailing BARQUOS at info@barquos.com.
Refunds will be initiated after confirmation of the cancellation.
Exchange:
Customers can exchange shoes in unworn condition for reasons such as size issues, preference for a different style, or dissatisfaction with the color.
BARQUOS covers all shipping expenses for picking up the returned shoe and sending a new one.
Exchange requests should be made by clicking on "Schedule an Exchange/Return" within 7 days of delivery to receive an exchange authorization.
Return:
Products can be returned in unworn condition with packaging intact within seven (7) days from the date of delivery for any reason.
Returns made after seven (7) days or for worn, damaged, or unpackaged items will not be eligible for a refund.
No returns or claims will be accepted after the expiration of 7 days from the delivery date.
Products purchased during the sale period are not eligible for returns unless defective or damaged upon delivery.
Refund:
You will receive a confirmation as soon as the Product is received and your payment will be processed within seven (7) business days of receipt of the returned package.
Return Process:
The process for returning products is not provided in the excerpt. This information may be available elsewhere in the terms and conditions or on the BARQUOS website.
Overall, this section provides clear guidelines for customers regarding cancellations, exchanges, and returns, including time frames, conditions for eligibility, and procedures for initiating these actions. It's important for customers to review and understand these policies before making purchases on the BARQUOS platform.
(9) Washing Instructions:
To maintain the quality of the Products purchased, we suggest the following steps for any minor cleaning and regular maintenance of the Products:
Remove excess dirt from the upper and outsole by using a cloth dipped in water or mix it with a mild liquid detergent (Soda Free, Eg: Ezee).
Create a foam mixture by combining cold water and a small amount (a few drops) liquid detergent.
Dip the brush or cloth into the soapy mixture and Wipe down the affected area.
Use warm (30-35 degree Celsius) water with the brush or cloth and brush/wipe off the excess soap.
Recommended to be washed by hand for best results.
Allow to air dry.
Do not place in dryer.
(10) Feedback and Queries:
This statement outlines the terms and conditions regarding communication, content submission, and user conduct on the BARQUOS website:
Out of Stock Notification: Users are encouraged to contact BARQUOS through provided contact information if a product appears out of stock to receive notifications about restocking.
Public Posting of Content: Any reviews, feedback, comments, or other user-generated content submitted through the website may be posted publicly at the discretion of BARQUOS. Once posted, such content will not be altered, modified, or moderated by BARQUOS.
Use of User Communications: BARQUOS reserves the right to use any comments, information, or ideas submitted by users via the website without notice, compensation, or acknowledgment, for various purposes including product development, marketing, and site improvement.
Limited Review Responsibility: BARQUOS does not review all user-generated content posted on the website and is not responsible for its content. The website serves as a passive conduit for content distribution and does not assume liability for user activities or content.
User Conduct Guidelines: Users agree not to post or distribute content that is deemed abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, infringing on intellectual property rights, invasive of privacy or publicity rights, illegal, or otherwise objectionable by BARQUOS. Commercial content or solicitations are also prohibited on the site.
These terms and conditions outline the expectations for user behavior and content submission on the BARQUOS website, with BARQUOS reserving the right to moderate and use user-generated content as deemed appropriate.
(11) Force Majeure:
This clause states that BARQUOS will not be held responsible for any failure or delays in fulfilling obligations under the terms of service if such failure or delay is caused by a force majeure event. A force majeure event is defined as an event beyond the control of BARQUOS, including but not limited to acts of God, traffic, or the unavailability of a product. However, BARQUOS commits to making all reasonable efforts and taking precautions to overcome and minimize the impact of such events to fulfill its obligations as per the terms of service.
(12) No Third-Party Rights:
This statement clarifies that the terms of service are created solely for the benefit of the users and BARQUOS and are not intended to confer any rights or benefits to third parties. In legal terms, this means that third parties cannot enforce these terms or claim any benefits or rights under them. This clause is in accordance with contract laws in India, which generally do not allow third-party enforcement of contracts unless specifically provided for by law or agreed upon by the parties involved.
(13) Governing Law and Jurisdiction:
This section specifies the governing law and jurisdiction for any disputes arising from the terms of service:
Governing Law: The terms of service are subject to and will be interpreted in accordance with the laws of India. This means that any legal interpretation or dispute resolution regarding the terms will be based on Indian law.
Jurisdiction: Users irrevocably submit to the exclusive jurisdiction of the courts of the State of Uttar Pradesh, Kanpur. This means that any legal proceedings or disputes arising from the terms of service will be exclusively heard and resolved by the courts in Kanpur, Uttar Pradesh.
Interim Remedies: Despite the exclusive jurisdiction clause, BARQUOS reserves the right to seek interim remedies, including injunctions, from any court of competent jurisdiction in relation to any dispute arising from the terms of service. This ensures that BARQUOS can seek immediate legal remedies if necessary, irrespective of the exclusive jurisdiction clause.
Overall, this section establishes the legal framework for resolving disputes related to the terms of service, specifying the applicable law, jurisdiction, and provisions for interim remedies.
(14) Complaints and resolution mechanism:
This section outlines the process for resolving complaints and disputes related to online purchases of products and services provided by BARQUOS:
Resolution Endeavor: BARQUOS commits to making efforts to resolve any complaints or disputes arising from online purchases of products, technical difficulties, or issues with received services.
Complaint Submission: Complaints specifically related to products should be forwarded to BARQUOS via email at the address info@barquos.com. This allows BARQUOS to review, investigate, and respond to the complaints accordingly.
Return Process: Users must follow the return process outlined in Section 8 of the terms to claim an exchange of the product or a refund of the amount paid. This typically involves adhering to the guidelines specified in the Refund Policy.
By providing clear instructions for submitting complaints, forwarding them to the appropriate contact point, and following the designated return process, BARQUOS aims to efficiently address and resolve any issues encountered by users in their online purchases or service experiences.
(15) Policy for NDNC:
This passage outlines the terms of use regarding communication and data collection by BARQUOS:
Communication Authorization: By using the BARQUOS website or registering on barquos.com, you authorize BARQUOS to contact you via email, phone calls, or SMS. This contact may include offering services, providing product knowledge, promoting offers on the website, or offering promotions from associated third parties.
Collection of Personally Identifiable Information (PII): BARQUOS may collect personally identifiable information from you for the purposes mentioned above. This information may include your name, contact details (such as phone number and email address), date of birth, and gender.
Duration of Contact: Regardless of whether you have registered under the Do Not Disturb (DND), Do Not Call (DNC), or National Customer Preference Register (NCPR) service, you authorize BARQUOS to contact you for the mentioned purposes for up to 365 days from your registration with BARQUOS.
Privacy Policy Coverage: BARQUOS's Privacy Policy governs the treatment of personally identifiable information collected during your use of the BARQUOS website and services. This policy also extends to personally identifiable information shared with BARQUOS by business partners.
Exceptions to Policy: Certain BARQUOS products or services, as well as promotions, may be exempt from this Privacy Policy.
Registration Information: When you register with BARQUOS, you may be asked to provide personal information such as your name, contact number, email address, date of birth, and gender. Once registered, you are no longer anonymous to BARQUOS.
Mobile Registration: During registration, you may be prompted to register your mobile phone, email, pager, or other devices to receive text messages and other services. By registering, you authorize BARQUOS to send SMS/email alerts for login details, service requirements, or advertising messages/emails.
In summary, by using the BARQUOS website or registering on barquos.com, you consent to communication from BARQUOS via various channels and the collection of personally identifiable information for specified purposes outlined in the Privacy Policy.
(16) Miscellaneous:
This passage outlines the terms related to electronic communications and other provisions regarding the use of the BARQUOS website:
Electronic Communications Consent: By using the BARQUOS website, you consent to receiving electronic communications from BARQUOS. This includes receiving notices, agreements, disclosures, or other communications electronically. You acknowledge that these electronic communications fulfill any legal requirements for written communication.
Enforcement of Terms: BARQUOS reserves the right to enforce strict performance of any provision of the terms of service. However, BARQUOS's failure to insist upon or enforce strict performance of any provision shall not be interpreted as a waiver of any provision or right.
Modification of Terms: The conduct between the parties or trade practices will not modify any of the terms outlined in the agreement.
Assignment of Rights: BARQUOS has the right to assign its rights and duties under the agreement to any party at any time without prior notice to you. This means that BARQUOS can transfer its rights and obligations to another party without requiring your consent.
These provisions clarify BARQUOS's policies regarding electronic communications, enforcement of terms, modification of terms, and assignment of rights under the agreement.
Cookies:
The website uses cookies to help personalize your online experience. By accessing BARQUOS, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, BARQUOS and/or its licensors own the intellectual property rights for all material on BARQUOS. All intellectual property rights are reserved. You may access this from BARQUOS for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from BARQUOS
Sell, rent, or sub-license material from BARQUOS
Reproduce, duplicate or copy material from BARQUOS
Redistribute content from BARQUOS
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. BARQUOS does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of BARQUOS, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, BARQUOS shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
BARQUOS reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant BARQUOS a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of BARQUOS; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to BARQUOS. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of BARQUOS's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.