Terms & Conditions
Conditions relating to use of Website...
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended from time to time.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access and/ or transacting and/ or usage of
https://www.bulbird.com/(“Website”) and sets out the terms and conditions governing it and the disclaimer (“Terms & Conditions”) .
This Website is owned and operated by one plus 99 communication, a firm, having its Registered Office at 9/2/9 sector 9 judge colony vaishali ghaziabad 201019 utter pardesh hereinafter referred to as “firm” which expression shall, unless it be repugnant to the context or meaning thereof, include its successors and assigns.
Use of this Website is regulated by the Terms & Conditions provided herein. User’s visit, dealings, transactions and/or otherwise using this Website shall be treated as you have read, understood and hereby unconditionally accept these Terms & Conditions. These Terms & Conditions shall be treated as legally binding and enforceable agreement between the firm and the User. if the User does not agree with any and/or all of these Terms & Conditions, then the User should stop dealing with and/or cease to initiate and do any transaction on this Website . By impliedly or expressly accepting these Terms of Use, User also accept and agree to be bound by the firm’s Privacy Policy, as amended from time to time.
Users use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The firm, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, service providers and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the firm strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, service providers and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
The firm may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Firm may also impose limits on certain features and services and/or restrict User’s access to parts and/or all of the services without notice and/or liability to the Users.
In this Agreement (as defined hereinafter}, ‘firm’ and ‘User’ have been collectively referred to as “Parties” and individually as “Party”.
I.Definitions
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
II. Eligibility
Any person who is above eighteen (18) years of age, transacting in legally acceptable currency and competent to enter into valid contract as defined under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website.If User is not competent to enter into valid contract then User is prohibited to visit, use, deal and/or transact at the Website.
User warrants that all information supplied by User in using the services and accessing the Website, including without limitation Users name, email address, street address, telephone number, mobile number, credit I debit card and/ or any other payment instrument number and other payment details is correct and accurate.
The firm will do utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, User access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. The Company will attempt to limit the frequency and duration of any such suspension or restriction.
III. Amendment of Terms
The firm is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to Users. User shall continue be responsible and shall be bound to this Agreement as amended by the firm from time to time. Continued use of this Website shall constitute Users acceptance of the modified Terms and conditions of the Agreement.
IV. Website Content
The Website and its content shall only be used in accordance with the terms of the Agreement. All Products/materials displayed on the Website are protected by intellectual property rights owned by the firm (as applicable), contractors, partners, and/ or suppliers as the case may be.
If a User uses any information available on the Website for any research that results in an article and/ or other publication, the User shall take prior written permission and ensure that no documents or graphics, including logos, sourced from the Website and/ or Products are modified in any way.
Without the prior written permission of the firm, or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks without the express written permission of the firm or such third party. All other trademarks are the property of their respective owners.
User’s misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at Users risk as to costs and consequences .
V. Registration Data
The Website and its content shall only be used in accordance with the terms of the Agreement . All Products/materials displayed on the Website are protected by intellectual property rights owned by the firm (as applicable), contractors, partners, and/ or suppliers as the case may be.
User shall be entitled to use the Website for any online shopping transaction without him/her registered on the Website. User shall be solely responsible for the confidentiality of its UserId and Password.
User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If the firm has reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the firm shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.
User agrees and understands that the firm shall not be responsible in any manner whatsoever for any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User. The firm will not be responsible for any business loss (including loss of profits, revenue, anticipated savings, data) or any other indirect or consequential loss to User.
The User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, and/or misleading information to the firm.
VI. Representations and Warranties
User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate, rules and regulations.
1 User undertakes to indemnify and keep indemnified the firm and its shareholders, directors, employees, officers, affiliates, consultants, contractors, partners and/ or suppliers for all claims resulting from detail/information User posts and/or supplies to the firm. The firm shall be entitled to remove any such detail I information posted by User without any prior intimation to User.
2 User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User is
- “Agreement” shall mean agreement between the firm and User with terms and conditions as provided herein and includes the Privacy Policy, Disclaimer and all the schedules, appendices and references mentioned herein with all such amendments as effected by the Compa ny from time to time.
- “firm” shall mean one plus 99 communication.
- “Product(s)” shall mean any good and/or service offered for sale on the Website for consideration.
- “User” I “Users” shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at Website in any way.
- “Website” shall mean https://www.bulbird.com/, a website owned and operated by the firm for facilitating online transactions including the related mobile site and mobile application introduced from time to time.
- correct, complete, relevant and accurate, not fraudulent
- does not stalk or otherwise harass another user
- does not and shall not infringe any third party’s intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy
- shall not be defa matory, libellous, unlawfully threatening and/or unlawfully harassing
- shall not be indecent, obscene and/or conta in pornogra phy and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority
- shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or inconvenience.
- shall not constitute and/or encourage conduct that would be considered a criminal offenc e, give rise to civil liability, and/or otherwise be contrary to the law.
- shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Troja n horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functiona lity of any system, data or personal information.
- shall not create liability for the firm or cause the firm to lose (in whole or in part) the services of the firm’s ISPs or other suppliers.
- is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of spam or solicitation.
- is not illegal in any other way.
- Further, the User agrees and understands that the firm reserves the right to remove and/or edit such detail I information
VII. Communications
When User visit the Website, User is communicating with us electronically. User will be required to provide a valid phone number while placing an order.The firm may communicate with the User by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, User gives consent to receive communications (including transactional, promotional and/or commercial messages), from the firm with respect to User’s use of the website.
VIII. Events beyond the Firm’s reasonable control
The firm will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
IX. Governing law and jurisdiction
This Agreement will be governed by and construed in accordance with the laws of India. User agrees to submit to the exclusive jurisdiction of the courts at Delhi.
X. Waiver
If User breaches this Agreement and the Firm takes no action, the firm will still be entitled to use its rights and remedies in any other situation where User breach this Agreement .
Pricing and Payment Policy
- User undertakes and confirms that User shall not use the firm’s website, services and/or materia ls therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of a ny court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other Users use and enjoyment of the Website and/or services therein.
- User shall not attempt to gain unauthorized access to any service on the Website, other Users Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented). User shall not or sha ll not attempt to obtain any materials or information through any means not intentionally made available to User intentionally made available to User through the Website. User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the services and accessing the Website. Any fraudulent, a busive, or otherwise illegal activity may be grounds for termination of Users right to access the Website.
- User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the firm that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other Users or use any information obta ined from the service in order to do so.
- Certain elements of the Website will conta in material submitted by other Users. The firm disclaims its responsibility for the content, accuracy, conformity to applicable laws of such intentionally made available to User through the Website. User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to access the Website.
- User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the firm that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other Users or use any information obtained from the service in order to do so.
- Certain elements of the Website will conta in material submitted by other Users. The firm disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the Website contains advertising/other material submitted to the firm by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and the firm will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The Company reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to the firm’s terms and conditions which are available on request.
•In case of any queries/feedback,
please write to us on Email:- queries@bulbird.com
or reach out to us on +91 9250859250
PRODUCT WARRANTY TERMS & CONDITIONS
- Price of the products is ex-warehouse /ex-store. Sale tax is include in Price. Freight charges will be extra.
- Seller is not responsible for unloading of stock at customer location, except for selected product categories, which will be communicated to the customer at the time of buying the product.
- If customer wishes to avail the service of unloading, then additional charges will be applicable.
- The products shall be delivered in accordance with the terms stipulated in the order booking form.
- Taxes shall be applicable as per prevailing laws of India.
- All products are sold on cash basis. Seller may at its discretion provide credit to the customer subject to the prevailing credit
- Any return of the products sold shall be subject to our Return Policy.
- The customer should follow the manufacturer’s technical & safety instructions/user manual before use of the product.
- Seller shall not be liable for any claim or liabilities a rising from or due to breach of any condition of warranty or non adherence of the manufacturer’s technical & safety instructions/user manual by a customer.
- Title and risk of loss to the products shall be tra nsferred to the customer upon fulfilment of (i) payment of the purchase price to Seller; and (ii) the transport vehicle leaves Seller’s store/warehouse, as applicable for delivery.
- Seller shall not be responsible to the customer for any failure to perform its obligations which are beyond its reasonable control.
- Bulbird extends the terms and conditions of the warranty to the original/first purchaser, and it cannot be transferred.
- When getting repairs done, Authorized Service Personnel must be shown a valid proof of purchase, which initiates the guarantee against any product from the date of its purchase. Therefore, customers must safely store the original invoice. The company’s service centre or its authorized service partners will handle the repair or replacement.
- The client must transport the product to the registered firm address if there is no service centre nearby or authorised service personnel, and if the product is sent by courier, the customer is responsible for the courier fees.
- Any costs and expenses incurred for repair or service of the Products about a) to and from the travel of service personnel and b) transportation of the Product and/or spare parts and/or components from the location of Bulbird’s branch office or Authorized Service Franchisee to customer’s location and back shall be borne wholly and solely by the customer if the Product is installed outside the municipal limits of Bulbird’s Branch Office / Authorized Service Franchisee locations.
- This warranty does not cover incidents of negligence, misuse, abuse, careless installation, accident, hard water or mineral deposits, exposure to corrosive materials, misapplication, damages brought on by improper upkeep, alteration of the product, or failure to adhere to the installation or care instructions provided with your product. Abrasive cleaning agents such as powders, bleach, ammonia, alcohol, or chlorine should be avoided. Steel wool, wire brushes, and abrasive pads should not be used since they will harm and wear down the finish.
- Labour fees or costs associated with the product’s removal and reinstallation are not covered by this warranty. Loss of use, delays, property damage and other incidental or consequential damages are not covered by this warranty, and Bulbird disclaims all responsibility for such harm.
- If a flaw in the product is discovered during the warranty term, the Company and its authorized service centre reserve the right to keep any part(s) or component(s) replaced at their discretion.
- The business may, at its option, replace the defective part(s) with an operationally new part (s).
- The warranty terms are not applicable in cases of product damage, customer abuse, repairs made by unauthorized persons, or misuse discovered by authorized service employees. Instead, repairs will be made based only on the cost of the parts
- The decision to replace a part would solely be up to Bulbird. If the complete unit needs to be replaced, it must be replaced with the same model (subject to Bulbird’s sole discretion), or if the model in question has been discontinued, it must be replaced with a model that was priced similarly at the time of purchase.
- There will be no obligation to ensure that the colours of any replaced coloured internal or external components match those of the original or other components. Due to the unit’s ongoing use, the replaced tints, patterns, and hues may differ from the customer’s unit. Except for the components that are genuinely required, any matching components modified at the customer’s request will be billed.
- It is made explicitly clear that the company is under no duty to complete repairs within a certain time frame, despite making every effort to do so as soon as possible.
- Any liability, injury, or loss to property or life that results directly or indirectly from any damage to the Bulbird products is not covered by this warranty. Only during the warranty period will the company be required to make repairs or offer replacements for damaged parts.
- The demonstration and assembly of the purchased device are not covered by the warranty.
- Components like washers, Rubber, Springs, and other plastic products are not covered by the warranty.
- Any additional accessories to the product are not covered by the warranty. When Bulbird products are found to have faults other than those related to manufacturing after a year, customers will be charged normal labour and component fees at the company’s then-current rates.
- If a dispute occurs between the Company and the customer over the aforementioned guarantee, neither party may file a lawsuit or initiate an arbitration action without first resolving the issue through mediation.
- Only Delhi’s courts have exclusive jurisdiction over any issues that may arise
