Terms & Conditions
Thank you for visiting the online store offering Premium footwear at https://www.bagatt.in/.
This document (“Terms and Conditions”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This website ‘https://www.bagatt.in/’ (“Website”) is an internet-based portal run, operated and maintained by TENX Commerce LLP, a limited liability partnership incorporated under the provisions of the Limited Liability Partnership Act, 2008 (hereinafter to be referred as “TENX”, “We”, “Us”, and “Our”) and having its registered office at A-302, Dipti Classic, 32/34 Suren Road, Andheri (East), Mumbai 400 093. The Website features logos, trademarks, trade names, slogans and other indicators of origin that are the registered trademarks of AstorMueller AG, licensed by AstorMueller Shoes Private Limited (“AMSPL”). The arrangement between TENX and AMSPL is on an arms’ length principal-to-principal basis and TENX is not an agent or partner of AMSPL.
For the purpose of these Terms and Conditions, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who accesses, uses or subscribes to our Website, agrees to become a buyer on the Website or avails or offers to avail any of our services.
Any changes or modifications will be effective immediately upon posting the revisions on the Website and You waive any right You may have to receive specific notice of such changes or modifications, provided however that, TENX will inform You of such changes within such timelines as may be specified under the applicable laws. Your continued use of the Website will confirm Your acceptance of such changes or modifications; therefore, You are advised to frequently review these Terms and Conditions and applicable policies to understand the terms and conditions that apply to Your use of the Website.
Our Website is operated, and services are provided in compliance with the laws in India and we shall not be liable to deliver any Products or provide any Services purchased by You in locations outside India. If you access our Website from locations outside India, you do so at your own risk and you are solely liable for compliance with applicable local laws. Where You use any third-party website or the Products or Services of any third party, You may be subject to alternative or additional terms and conditions of use and privacy policies.
- PRODUCTS AND SERVICES
We are engaged in the sale of footwear products and merchandise (“Products”) and facilitation of services by Us and Our third party partners which may include delivery partners (“Services”)
We are in the business of (i) creating internet retail platforms that enable retailers and internet businesses to sell Products and Services directly to consumers; and (ii) operating internet retail businesses and online platforms, as an online distributor for various brands and companies operating in India and abroad.
- USER ACCOUNT, PASSWORD AND SECURITY
To purchase a Product on the Website You will be required to sign up at ‘https://www.bagatt.in/’. TENX shall enable You to make the requisition of Products and Services available to You through the Website, only if You have provided certain required user information, including without limitation, name; user ID; email address; address; gender; age; phone number; password; valid finance account information; and other details and created an account (“Account”) through company ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID (collectively, the “Account Information”). Account creation is a one-time process, on successful completion of registering Your Account, You will be entitled to future access for ordering and availing other benefits and Services on Products.
The transaction and delivery of the Products may also be subject to procedures for use of the Website, Terms and Conditions, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any (“Additional Terms”). If there is any conflict between the Terms and Conditions. and the Additional Terms, the Additional Terms shall take precedence in relation to that Service. The Website requires You to register as a user by creating an Account. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify TENX of any unauthorized use of Your Account or Account Information or any other breach of security, or any other applicable laws, rules, regulations and guidelines as may be notified from time to time and (b) ensure that You exit / log out from Your Account at the end of each session. TENX cannot and will not be liable for any loss or damage arising from Your failure to comply with these Terms and Conditions. You may be held liable for losses incurred by TENX or any other User of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential or otherwise. The Website also allows / shall allow restricted access to the Website for unregistered Users. You shall ensure that the Account Information provided by You in the Website's registration form is true, complete, accurate and up to date. Use of another User's Account Information for availing the services offered by TENX is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or TENX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TENX has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website by You. You confirm that you are the authorised holder of the credit card, any payment instrument, or the original Account holder used in the transactions he/she makes using the Website. TENX will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Your ID/password/credit card number/Account details for using the Website. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by TENX for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, TENX may allow authorized third parties to place or recognize a unique cookie on Your browser. TENX does not store personally identifiable information in the cookies.
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 Website. If you are a minor i.e. under the age of 18 (eighteen) years but at least (thirteen) years of age You may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If Your age is below 18 years your parents or legal guardians can transact on behalf of You if they are registered on the Website.
- TERMS OF SERVICE.
- You, as a User, understand that upon initiating a requisition on the Website, You are entering into a legally binding and enforceable contract with Us to purchase the Products and /or Services on a cash on delivery basis or such other mode as may be specified by TENX.
- Your purchase of the Products from the Websites shall be only for end consumption. You must not use the Products for any commercial, promotional, resale or further distribution purposes.
- Upon processing of an order request the transmission of all information required in connection with the completion of the purchase of the Product will take place through email and SMS. Therefore, the User is requested to ensure that the email ID and phone number shared as part of Account opening is accurate.
- You, as a User, shall electronically notify TENX immediately upon non-Delivery within the time period as provided in these Terms. Non-notification by You of non-delivery within the time period specified in these Terms shall be deemed as delivery in respect of that particular order.
- You, as a User, shall be entitled to claim a refund in accordance with the Refund and Return Policy available at https://bagatt.in/pages/returns-exchanges.
- Refund shall be made in Indian Rupees only and shall be equivalent wholly or a part of the Transaction Price received in Indian Rupees.
- Refund shall be subject to User complying with these Terms and Conditions.
- TENX reserves the right to refuse to process orders/requisitions from Users with a prior history of questionable charges including without limitation breach of any agreements by User with TENX or breach of any policy.
- The User and third-party partners acknowledge that TENX will not be liable for any damages, interests or claims, etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price.
- Shipping of Products will be done by the method indicated in the order through our logistics partners. If, for any reason the Products are sent using an alternate method, other than the one indicated in the order, you will not need to pay any additional charges for this. Further the User grants authorisation in favour of Our logistics partners, who will deliver the Products to the delivery address indicated by You when placing the order.
- Any order placed with TENX is final and cannot be cancelled once it has been processed. You will receive a notification via email and SMS once the order is placed and thereafter when the order is accepted. Please refer to Our Refund and Return Policy available at https://bagatt.in/pages/returns-exchanges for any returns, refunds and replacements.
- INTELLECTUAL PROPERTY RIGHTS
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is sub-licensed to TENX and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website (“Marks”) have been sub-licensed to TENX. You are not permitted to use the Marks without Our prior consent.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Us or the relevant owner of such Content. Nothing contained in these Terms and Conditions shall give or be deemed to grant, whether directly or by implication, your any right, title, or interest in or to the ownership or use of the trademarks and intellectual property. Purchases of Products and Services on this site does not transfer any of the intellectual property related to the Products and Services, their design, or concepts to you.
- 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 Us 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, We make no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website, services or materials will be effective, accurate or reliable; (iii) the quality of the Website, services or other materials will meet your expectations; or that (iv) any errors or defects in the Website, services or other materials will be corrected. No advice or information, whether oral or written, obtained by you from Us or through or from use of the services shall create any warranty not expressly stated in the Terms and Conditions.
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. We also disclaim all liability with respect to the misuse, loss, modification or unavailability of any user content.
We will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any services or materials, either with or without your knowledge. TENX has endeavoured to ensure that all the information on the Website is correct, but TENX neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. We shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, We shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Our control. 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. TENX is not responsible for any typographical error leading to an invalid coupon. We accept no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
This Website may contain hyperlinks to websites operated by parties other than TENX such hyperlinks are provided for your reference only. TENX does not control such websites and is not responsible for their contents. TENX’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In no event shall We be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites, or for any third-party product or Services. We shall not be liable for special, indirect, consequential, or incidental damages, whether an action alleging such damages is brought in contract, negligence, or tort. The advertisement available on e-mail or Website with respect to the third-party website or the products are for information purpose only. You expressly agree that Your use of the Website is at Your risk.
TENX is operating this Website for sales and as such aims to make information about all the footwears accurate. However, should there be any unintentional errors relating to the Product, pricing, availability, shipping, and Product supply, TENX will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the Product or Service at the previously published incorrect price or description.
- INDEMNIFICATION AND LIMITATION OF LIABILITY
In no event shall We be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites. We shall not be liable for special, indirect, consequential, or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.
We will not be responsible for any liability arising out of the conduct of Our employees, associates, contractors, and suppliers that may cause any financial or other loss to you.
You agree to indemnify, defend and hold harmless TENX including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and Conditions. Further, You agree to hold Us harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms and Conditions, or Your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to contrary, Our entire liability to You under these Terms and Conditions or otherwise shall only be to the extent of refund of the money charged from You for any specific voucher or Product or Service, under which the unlikely liability arises. In no event shall We, Our 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. We are not responsible for any non-performance or breach of any contract entered into between Users and third party service providers. We shall not and are not required to mediate or resolve any dispute or disagreement between Users and third party Service providers.
We are not responsible for any unsatisfactory or delayed performance of services or damages or delays as a result of Products which are out of stock, unavailable or back ordered. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
Any fraud, neglect, deliberate omission, wrongful act, or default conducted by You will be subject to legal action and We will not be responsible for your actions. Furthermore, you agree to defend, indemnify, and hold Us harmless from and against all claims, damages, costs and expenses, including advocate’s fees, arising from and related to your access and use of the Website. We shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labor from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
- VIOLATION OF THESE TERMS AND CONDITIONS
You agree that TENX may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website, if TENX determines that You have violated these Terms and Conditions. You also agree that any violation by You of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to TENX, for which monetary damages would be inadequate, and You consent to TENX obtaining any injunctive or equitable relief that We deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TENX may have at law or in equity. You agree that TENX may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or unexpected technical issues or problems. If TENX does take any legal action against You as a result of Your violation of these Terms and Conditions, TENX will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to TENX.
The Terms and Conditions will continue to apply until terminated by either You or TENX as set forth below. If You want to terminate Your agreement with TENX, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where TENX has made this option available to You.
We may, at any time, with or without notice, terminate the Terms and Conditions with You if:
- TENX is required to do so by law;
- The provision of the services to You, by Us is, in Our opinion, no longer commercially viable;
- We have elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
- We may also terminate or suspend all or a portion of Your account or access to the services with or without reason.
Termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the services
You agree that all terminations shall be made in TENX's sole discretion and that TENX shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.
- GOVERNING LAW
These Terms and Conditions and all transactions entered into on or through the Website and the relationship between You and Us shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms and Conditions or any transactions entered into on or through the Website or the relationship between You and Us shall be subject to the exclusive jurisdiction of the courts at Bangalore and You hereby accede to and accept the jurisdiction of such courts.
In the event of any disputes, differences, or controversies between the Parties hereto, out of or in connection with the provisions of these Terms and Conditions, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Mumbai. The award of such arbitration shall be final and binding upon the Parties hereto.
- REPORT ABUSE / GRIEVANCE REDRESSAL
In the event You come across any abuse or violation of these Terms and Conditions or if You become aware of any objectionable content on the Website, please report the same to the customer support team.
If You have any concern about the Terms and Conditions or grievances about the Website or our services, please contact us with a thorough description and TENX will try to resolve the issue for You. Please address them to Our grievance redressal officer at:
Name: John Carda
Address: A 302 Dipti Classic
32/34 Suren Road
You hereby expressly agree to receive communications from Us by way of SMS, e-mails or any other mode, including phone calls relating to the Products offered through the Website and this supersedes any opt-out preferences you may have set in relation to the Telecom Regulatory Authority of India’s National Do Not Call (and Do Not Disturb) registry as per the Telecom Commercial Communications Customer Preference Regulations, 2018.
A User can unsubscribe / opt-out from receiving communications through e-mail anytime by:
- Newsletters/updates sent at the registered email address and by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.
- GENERAL PROVISIONS
Notice: All notices, demands or other communications required or permitted to be given or made under or in connection with these Terms and Conditions shall be in writing and shall be sufficiently given or made (i) if delivered by hand, or (ii) sent by pre-paid registered post, addressed to the Head of Legal and Compliance at the following address
Attn: Head of Legal and Compliance
A 302 Dipti Classic
32/34 Suren Road
Or emailed at email@example.com
Assignment: You cannot assign or otherwise transfer the Terms and Conditions, or any rights granted hereunder to any third party. TENX's rights under the Terms and Conditions are freely transferable by TENX to any third parties without the requirement of seeking Your consent or providing any notification.
Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms and Conditions shall continue in full force and effect.
Waiver: Any failure by Us to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver by Us of that provision or right