Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean the owners of the domain name Bombaydragon.com and the owners of Bombay Dragon.
a) www.bombaydragon.com (“Website”) is an Internet based content and e-commerce portal.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Bombaydragon.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
2. User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify bombaydragon.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bombaydragon.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. Services Offered:
Bombaydragon.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise (collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. which are found on the website. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
4. Returns and Cancellation Policies:
We do not accept returns or exchanges unless the item you purchased is defective. Goods should be inspected at the time of delivery and if damaged please refuse to accept the package and return the package to the delivery person. If you receive a defective item, please contact us immediately at the time the goods are delivered by the Courier via email@example.com with details of your order, the product and the defect. Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect. If you are entitled to a replacement or refund, we will replace the product and if it is not possible to replace the product, then we will refund the purchase price.
The product(s) must be in the original packaging and include any manuals, cabling and accessories in saleable condition and must be unused and unmodified in any way.
Refunds do not include any shipping and handling charges. Shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to hardware during shipment. We do not guarantee that we will receive your returned item. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping.
Some items cannot be returned. These include – All comics, graphic novels, books, magazines and printed material.
The contents hereof shall constitute the website cancellation policy in relation to the Service rendered on the Website (“Cancellation Policy”).
Cancellation by you (customer / buyer)
No cancellations are allowed once the order has been placed. You agree and acknowledge that you are not entitled to cancel any orders made by you on this Website.
Cancellation by bombaydragon.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on availability of products for purchase, inaccuracies or errors in product or pricing information, technical or technological problems or problems identified in relation to credit / debit fraud. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled by us after your credit / debit card has been charged and if the product you have ordered has not been dispatched by us, the said amount will be refunded to you. Website does not accept liability for you not being able to receive the product after it has been dispatched by us. Unless otherwise provided herein, you are not entitled to a refund for the amount charged on your credit / debit card.
5. Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Bombaydragon.com name is stated as the source and prior written permission of Bombaydragon.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
6. User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
7. User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Bombaydragon.com.
8. Exactness Not Guaranteed:
Bombaydragon.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
9. Intellectual Property Rights:
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, bombaydragon.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Bombaydragon.com without obtaining authorization from Bombaydragon.com.
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
10. Links To Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bombaydragon.com or the Website and Bombaydragon.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bombaydragon.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Bombaydragon.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bombaydragon.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11. Disclaimer Of Warranties/Limitation Of Liability:
Bombaydragon.com has endeavoured to ensure that all the information on the Website is correct, but Bombaydragon.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Bombaydragon.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services or Products;
(b) unauthorized access to or alteration of the user’s transmissions or data;
(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service.
Neither shall Bombaydragon.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services 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, Bombaydragon.com 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 Bombaydragon.com control. The user understands and agrees that any material and/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 and/or data.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bombaydragon.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
You agree to indemnify, defend and hold harmless Bombaydragon.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Bombaydragon.com 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.
13. Modifications to Pricing or the Service:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Bombaydragon.com ‘s discretion. Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
14. Shipping and Delivery:
Title and risk of loss for all products ordered by you shall pass on to you upon Bombaydragon.com’s shipment to the shipping carrier.
Estimated Delivery Time
Estimated delivery time varies for each product. Delivery time will usually be 7 to 10 business days and longer duration times than 7 to 10 business days will be specified in the item listing itself. If you buy more than one product with different estimated delivery times then the estimated delivery time of the product with the longest estimated delivery time will be applied to you order (e.g. if you purchase Products A and B with estimated delivery times of 7 business days and 10 business days respectively, then the estimated delivery time applied for your order will be 10 business days).
Estimated delivery times are estimates and to be used as a guide only and can change after the order is placed. Estimated delivery times are subject to the acceptance and approval of your order.
Business days mean Monday to Friday, except holidays. Please note we do not ship on Sundays. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. Products may also be delivered in separate shipments.
We use a third party for delivery and hence cannot be held responsible for failed or delayed delivery during festivals, public holidays and unforeseen circumstances + closures.
What are the delivery charges?
Shipping costs are based on the weight of your order and the delivery method. To find out how much your order will cost, simple add the items you would like to purchase to your cart, and proceed to the checkout page. Once at the checkout screen, shipping charges will be displayed. Additional shipping charges may apply to remote areas or for large or heavy items. You will be advised of any charges on the checkout page. Taxes may be charged according to the location to which the item is shipped.
Can the items be shipped to locations outside India?
Buyers outside India should email us on firstname.lastname@example.org prior to ordering and we will let you know if it’s possible to process your order.
All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and refund you the total amount of your order, using the original method of payment.
Questions If you have any questions about the delivery and shipment or your order, please contact us at email@example.com
a) Bombaydragon.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until Bombaydragon.com chooses to terminate them.
c) If you or Bombaydragon.com terminates your use of the Website or any Service, Bombaydragon.com may delete any content or other materials relating to your use of the Service and Bombaydragon.com will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
16. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
18. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org
19. General Terms and Conditions:
- Bombaydragon.com reserves the right to refuse, amend, vary or cancel membership of any user without assigning any reason and without prior notification.
- Bombaydragon.com reserves the right to add, modify, delete or otherwise change the Terms and Conditions without any approval, prior notice or reference to the Member.
- In the event of dispute in connection with Bombaydragon.com and the interpretation of Terms and Conditions, Bombaydragon.com decision shall be final and binding.
- This Policy and these terms shall be read in conjunction with the standard legal policies of Bombaydragon.com.