Terms of Service
ACCEPTANCE OF THESE TERMS AND CONDITION IS A MUST TO TRANSACT OR CARRY OUT ANY ACTIVITY ON OUR WEBSITE. (E.G. PURCHASE, POST CONTENT, WRITE REVIEWS, DOWNLOAD MUSIC, ETC.)
ACCEPTANCE TO THE TERMS AND CONDITIONS IMPLIES THAT CUSTOMERS/PARTNERS/USERS HAVE READ, UNDERSTOOD AND ACCEPTED THE BELOW MENTIONED POLICIES.
CANCELLATION, RETURN AND REFUND POLICY
DEFINITIONS AND INTERPRETATION
In these terms and conditions, the following definitions apply unless otherwise stated:
‘Business’ means Inception Bodhi a sole trader business incorporated in England and Wales under unique taxpayer reference number 54999 79444 whose registered office is at 53, Turnpike Link, Croydon, London CR05NT, trading as Inception Bodhi.
‘Customer’ means the individual or business entity who purchases products from the Business and whose details are set out in the Order.
‘Working Day’ means a day (other than a Saturday, Sunday, or public holiday) when banks in London are open for business.
'Contract' means the contract between the Business and its Customers/Partners for the supply of products governed by these Terms and the Order.
'Force Majeure Event' means an event beyond the reasonable control of either party, including but not limited to strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
‘Intellectual Property Rights’ means all patents, rights to inventions, all content on website and social media handles, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
‘Partner channels’ are other channels of business, scaling and expansion programs pertaining to the specified channels, country partner, investment partner, promotional partner, retail partner and aggregate partner.
‘Third-Party services’ are service providers, who are identified, appointed and used to carry out services where the business does not have the knowledge, expertise and bandwidth to operate (e.g. shipping, etc).
‘Order’ means the order placed by the customer directly through our website or through our various other Partner Channels.
‘Products’ means the products the business will provide to the customer as specified on the website or product shelves.
‘Account’ is the personal account created by an individual customer on our website to enable us to recognize the individual and ease in order processing formalities for the customer.
‘Services’ the length of the entire transaction from acceptance of order, payment processing, packaging, fulfillment, and till the product is delivered.
‘Payment’ the amount in relevant currency, which includes cost of ordered products, inclusive of all other relevant additional costs.
‘Specifications’ related to the descriptive, technical and visual details of the products for sale on the website.
‘Terms’ means these terms and conditions as updated from time to time by the Business.
‘VAT’ means value added tax chargeable under English law for the time being and any similar additional tax.
- Where these Terms use words in their singular form, they shall also be read to include the plural form of the word and vice versa. Where these conditions use words which denote a particular gender, they shall also be read to include all genders and vice versa.
- The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these Terms.
- A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacte
1. TERMS AND CONDITIONS
1.1 These Terms and policies shall apply to all orders and transactions concluded between the Business and the Customers to the exclusion of any other terms that the customers seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
1.2 These terms are deemed final and non-negotiable, and the business has the sole right to make amendments to these terms, conditions, and policies as and when required.
1.3 All relevant communication will be only in the English language.
1.4 All communication regarding the terms and conditions will be predominantly by electronic media only, for details of email ID and other coordinates please refer to the “Contact Us” section.
2. ORDER AND CONTRACT
2.1 The order constitutes an offer by the customer to purchase the products in accordance with these terms. The customer shall ensure that the terms of the order and any relevant specification is complete and accurate.
2.2 The order shall only be deemed to be accepted when the Business issues an online acceptance of the order after the relevant payment is made in full, or when the Business has started to process the order, whichever happens first, at which point the order shall come into existence.
2.3 The order constitutes the entire agreement between the Business to provide the products to the customer and for the customer to purchase those products, in accordance with these terms.
2.4 The customer acknowledges that they have not relied on any statement, promise or representation made or given by or on behalf of the Business which is not set out in the contract. Any samples, drawings, descriptive matter, or advertising issued by the Business and any descriptions or illustrations contained in the Business’s website, social media handles, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the products described in them. They shall not form part of the contract or any other contract between the Business and the customer for the supply of products.
2.5 Indicative prices of the products mentioned on the website are subject to change without prior notice, price changes are influenced by raw material cost, manufacturing and other related costs.
2.6 For further details on pricing and payments please refer to the Payment Policy.
2.7 For any Business relating to the Partner channel, the relevant contracts made specifically to the type of partner channel will be the guiding and final document for all legal and Business transactions.
3. BUSINESS OBLIGATIONS AND WARRANTIES
3.1 The Business warrants that it will provide the products as stipulated in the order using reasonable care and skill to conform in all material respects with the specification.
3.2 However, there could be some variation in the products colouration, fragrance, look and feel etc, when compared to the written content, published images, catalogues and other related literature. Such variations are unintentional and based on various variables like different production batches, difference in raw material, photographic effects, lighting, etc.
3.3 The Business shall use all reasonable endeavours to meet any performance dates specified in the order, but any such dates shall be estimates only and time shall not be of the essence for the provision of the services. The Business shall not be liable for any delay in delivery of the products caused by a Force Majeure event or the customer’s failure to provide the Business with adequate delivery instructions or any other instructions relevant to the supply of the products.
3.4 The Business shall have the right to make any changes to the products/services which are necessary, based on what the Business deems fit. Changes can also be incorporated to comply with applicable laws and statutes.
3.5 The Business shall be entitled to appoint and engage third party service providers to carry out any service-related activities. These service providers are assumed to be established, secure and trusted organisations, and the Business cannot be held liable or accountable for errors, data and security breaches or any other fraud committed by these organisations, their employees, or associates.
3.6 For further details regarding the processing of orders please refer to the Payment Policy, and Shipping Policy.
4. CUSTOMER’S OBLIGATIONS AND INDEMNITIES
4.1 The rights to the usage of the Business name and trademark ‘Inception Bodhi’ singularly lies with the Business and its registered owners, the same is a registered trademark and misuse or representation of the same would lead to infringement of the respective trademark laws, and liable for prosecution under the relevant laws.
4.2 All material content on the above-mentioned websites and business-related social media pages, are proprietary and private, the same has been copyrighted, copying or duplication of such material is unethical and illegal, and punishable as per the laws of the relevant country or region.
4.3 Inception Bodhi will sell its products through its registered Partner channels. Sale or promotion of our products without written consent or a contractual agreement with Inception Bodhi is illegal and punishable.
4.4 All customer or third-party material posted on our website is solely for non-commercial and educational, or entertainment purposes only, Inception Bodhi cannot be held legally or consciously liable for correctness, factuality, or any other misgivings. In case you observe some incorrectness, we request you to let us know in writing to our given email ID so that corrective action can be taken.
4.5 The customer shall provide details and correct information to the Business, as reasonably required by the Business in sufficient time to facilitate the execution of an order in accordance with the shipping policy. The customer will have sole responsibility for ensuring the accuracy of all information provided to the Business and warrants and undertakings to the Business that the customers nominees assisting in the execution of an order have the necessary skills and authority.
4.6 The customer shall be obliged as quickly as possible and within the specified timelines to bring to the notice of the Business any discrepancies, and other related issues relating to the product or order. For further detail please refer to the Cancellation, return and refunds policy.
4.7 The customer shall be obliged to inform the Business immediately in case they identify mistakes in initial data provided. In such cases the terms of the Shipping Policy will apply with regards to change in charges for redelivery or redirection of such consignments.
4.8 Customers hereby indemnify to hold the Business, its owners, directors, staff, and third-party contractors harmless and against all claims, arising out of any breach of the terms and condition of this website by the customers or their assigned representatives.
4.9 Customers also acknowledge that no monetary or legal claims will be entertained with respect to any damage arising to their relevant equipment based on use of our products, website, data or music.
4.10 Customers should be aware of installation of relevant anti-virus software on their devices. Inception Bodhi cannot be held liable for any claim regarding malware, hacking or viruses arising out of the usage of the Inception Bodhi website, its content or data.
4.11 Inception Bodhi cannot be held liable for cyber-attacks or hacking of our website, its material and content, and any collateral damage thereof to customers devices or equipment.
4.12 Inception Bodhi, its directors, partners, associates, or employees cannot be held legally liable for any damages caused by products due to customer negligence or incorrect usage.
4.13 The customer shall indemnify and keep the Business indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by the Business in respect of any third parties as a result of the provision of the products in accordance with the order, specification, or the content of the customers advertising or web pages which result in claims or proceedings against the Business for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
4.14 The Business will keep infusing fresh content to the website and may change/stop the existing products in a particular portfolio at any given time.
4,15 In respect of all White Label Work the customer/partner channel shall indemnify the Business against all liabilities, costs, expenses, damages, and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Business arising out of or in connection with the contract between the Partner channel and their Customers for the White Label Work.
5. PRICES
5.1 Unless otherwise expressly stated, all prices shall be in Pounds Sterling and shall be exclusive of VAT and other duties. In the event that duties are introduced or changed after the conclusion of an order, the Business shall be entitled to adjust the agreed prices accordingly.
5.2 The price stated in the final invoice of the order shall be final and any other cost applicable other than the cost of products and shipping, will need to be paid by the customer. Please refer to Payment Policy for further details.
5.3 Whilst every effort is made to ensure that pricing estimates are accurate, the Business reserves the right to amend any estimate, should an error or omission have been made.
6. PAYMENT
6.1 Please refer to the Payment policy.
7. DELAYS AND COMPLAINTS
7.1 In the event that the customer proves that the orders are delayed or not in accordance with the terms provided, the Business shall be obliged to remedy or redeliver, at its own discretion, without undue delay.
7.2 Complaints concerning delays or breach of services shall be submitted immediately after the time when the customer became or should have become aware of the matter. If the customer fails to bring the issues to the attention of the Business within the specified timelines mentioned in the Cancellation, Refund and Return Policy the customer shall be deemed to have accepted the product/order and shall not be entitled to assert remedies based on delays or breach of Contract.
7.3 The customer hereby acknowledges that certain services rely upon goods and/or services being provided by third parties (‘Third-Party Services’). The customer acknowledges that the Third-Party Services will be governed by that third parties’ terms and conditions and that the Business cannot provide any warranties in respect of the Third Party’s Services and will not be liable to the customers for any delays and/or failings in respect of the same. Providers of Third-Party Services may provide their own warranties to the customers and the customer must satisfy themself whether such warranties (where given) are acceptable to them.
7.4 The Business’s only responsibility in respect of the Third-Party Services is to take reasonable care and skill when selecting the providers of the same.
8. LIABILITY
8.1 The Business shall have no liability to the Customers for any loss or damage whatsoever arising from or in connection with the provision of the Orders for any claim made against the Customers by any third party.
8.2 The Business shall have no liability for any losses or damages which may be suffered by the Customer whether the same are suffered directly or indirectly or are immediate or consequential which fall into the following categories:
- Any indirect or consequential loss arising under or in relation to the Order even though the Business was aware of the circumstances in which such loss could arise.
- Loss of profits; loss of anticipated savings; loss of Business opportunity or goodwill.
- Loss of data.
- Hacking or misuse on any of the Customer account information managed by the Business.
- Identity theft, phishing, data leaks, financial data compromise, delayed orders, additional duties, and taxes, banned items in a country, Business and Third-Party vendor employee fraud.
9. OTHER LIMITATIONS OF LIABILITY
9.1 The Business shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent or other deliveries from a third party. The Business shall use its reasonable efforts to assist in remedial efforts if so requested by the Customers.
9.2 The Business shall not be liable for any changes in cost or policy, or terms made without notice regarding third party services.
The Business shall use all reasonable endeavours to deliver services relating to shipping and clearance of the Order, however the Business shall not be liable for delayed or non-conforming
9.3 The Business cannot be held liable for performance due to sudden changes made by the Third-Party Service providers, Force Majeure or sudden changes in laws and regulations.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Customer shall be responsible for ensuring that the content of materials which the Customer contributed or posted on our website are not in contravention of legislation, decency, marketing rules or any other third-party rights. The Business shall be entitled to reject and delete such material without incurring any liability. In addition, the Business shall be entitled to ban/cancel such Orders/Accounts.
10.2 The Customer shall indemnify the Business against all damages, losses and expenses suffered or incurred by the Business as a result of the materials which the Customer has contributed or approved, being in contravention of legislation, decency, marketing rules or any action that any such materials infringe any Intellectual Property Rights of a third party.
10.3 The parties shall be obliged to notify the other party without undue delay of any claims raised against a party as described above.
10.4 Unless expressly stated otherwise in these Terms or in an Order, the Intellectual Property Rights created, developed, subsisting, or used in connection with the Services and whether in existence at the date hereof or created in the future shall vest in and be the property of the Business or the relevant third party from whom the Business has acquired a right of use with a view to executing the Order. The Customer agrees to execute and deliver such documents and perform such acts as may be necessary from time to time to ensure such Intellectual Property Rights vest in the Business.
10.5 The Intellectual Property Rights as mentioned in Clause 11.2 shall not be used, assigned, distributed, copied, forwarded to online or offline activities by the Customer without a separate, express written agreement.
10.6 If the Business makes music, quotes, etc. available to the Customer as part of a goodwill gesture, the Customer shall use the same for personal and non-commercial purposes. Any misuse, willful misrepresentation, tampering or changing its originality will be prosecutable by law.
11. CONFIDENTIALITY AND PERSONAL DATA
11.1 Please refer to the Privacy Policy.
12. FORCE MAJEURE
12.1 The Business shall not be held liable for a Force Majeure Event.
12.2 In such cases the Business will analyze the situation on a case-to-case basis and appropriate action will be initiated.
13. MISCELLANEOUS
13.1 The Business reserves the right to modify or discontinue, temporarily or permanently, the Products with or without notice to the Customer, and the Business shall not be liable to the Customer or any third party for any modification to or discontinuance of these Products or Services.
13.2 The Business shall be free to provide its Products to the Business Partner channel as and when deemed appropriate.
13.3 In the rare case that the partner channels are selling products at a price less than the published prices in the Inception Bodhi website, they are doing so at their sole discretion. Customers cannot use these costs as a benchmark and demand products at the same cost.
13.4 If any term of these Terms is found illegal, invalid, or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining Terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining Terms which shall continue in full force and effect and be binding on the parties to the Order.
13.5 Any valid alteration to or variation of these Terms can be carried out by the Business as and when it deems the same necessary.
13.6 A person who is not a party to the Order shall not have any rights under or in connection with it.
13.7 All notices must be in writing to Inception Bodhi, 28 Leyburn Gardens, Croydon, Greater London, United Kingdom CR0 5NL, or such address as is advised by the Business.
14. ENTIRE AGREEMENT
The Customer acknowledges and agrees that the Terms supersedes any prior agreement, understanding or arrangement between the Customer and Business, whether made orally or in writing and constitutes the entire agreement between the Business and the Customer relating to these Products, Orders and Services. Therefore, except as expressly provided, all other conditions and warranties (implied, statutory, or otherwise) are hereby excluded to the fullest extent permitted by law.
- The Business and the Customer shall be obliged to attempt to settle any disputes arising between them including disputes relating to the existence or validity of the Terms through negotiation provided, that either party shall be entitled at all times to exercise any of its other remedies including legal action.
- The Terms shall be governed by and construed in accordance with English law and the parties hereby agree to submit to the non-exclusive jurisdiction of the English courts.
