Terms and Conditions
Please read these Terms and Conditions carefully before using our website as they include your rights and obligations when using this website and related services. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms. By accessing or using any part of the site, you agree to be bound by and comply with these Terms and Conditions. If you do not agree to comply with and be bound by these Terms and Conditions, then you may not access the website or use any services and/or available features. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms and Conditions.
This website is operated by TBERRY ATELIER (TBERRY ATELIER is the registered company name, “T.Berry” is the registered brand mark). Throughout the site, the terms “we”, “us” and “our” refer to T.Berry / TBERRY ATELIER.
TBERRY ATELIER offers this website, including all information, tools, services and experiences available from this site to you, the user and/or customer based on your acceptance of all terms, conditions and operational policies outlined here.
By visiting our site and/ or purchasing something from us, you are engaging in our “Service” and agree to be bound by the following terms and conditions including the terms of Service, including all additional terms, conditions and policies included here and/or those included via hyperlink(s). These Terms of Service apply to all users of the website, including without limitation- users who are browsers, vendors, customers, merchants, and/ or contributors as well as consumers of products and all digital content.
Any new features, services or tools which are added to our website shall automatically be subject to these Terms and Conditions. You can review the most current version of the Terms of Service at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page over time for changes. Your continued use of and/or access to the website following the posting of any changes signifies your acceptance of those changes. You agree that it is your responsibility to monitor any changes to our site.
Our store is hosted on Shopify Inc. Our website, blog and webstore of products and services is hosted and maintained on their e-commerce platform.
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
Use of website includes accessing, browsing or registering on the website as well as but not limited to the usage of our services and other available materials.
You are responsible for making all arrangements necessary for you to have access to the Website.
By agreeing to these Terms and Conditions, you agree that you are at least 18 years of age or that you are the age of majority in your state/country of residence and you have given us your consent to allow any of your minor dependents to use this website.
You are responsible for ensuring that all people who access this Website via your internet connection are aware of these Terms and Conditions, adhere to these Terms and Conditions and comply with them.
B1. By registering on the Website you acknowledge and agree:
- All details provided by you during registration are complete and accurate in all aspects.
- You are over 18 years of age. If under 18, you have a parent or legal guardian’s permission to access the website and register an account on our website with their supervision.
- If any information provided upon registration has changed, you will notify us about any changes or updates at the earliest.
- To use the website with only your login credentials i.e. username and password.
- To keep your password safe and never disclose it to anyone.
- To be vigilant with your login credentials and to notify us immediately as well as change your password upon discovering it has been used without permission.
- To never permit (directly or indirectly) anyone else to use your login credentials as well as to never transfer or sell your login credentials to anyone.
You may not use our products, services or digital content for any illegal or unauthorised purposes nor may you (in using our products, information and services) violate any laws in your jurisdiction (including but not limited to copyright laws). You must not intentionally transmit any trojan horses/worms/viruses/ spyware/ malware or any other code of a destructive or malicious nature. A breach or violation of any of these Terms and Conditions will result in an immediate termination of services provided by us.
B2. Intellectual Property
B2.1. In these Terms, Intellectual Property Rights mean copyright (including design copyrights), trade marks, patents, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to TBERRY ATELIER/ T.Berry, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
B2.2. You agree you will not (and will not assist or facilitate any third party to) :
Reproduce, duplicate, copy, modify, display, transmit, distribute, publish, sell, resell, create derivative works from or commercially exploit any part or sum of the Content, Products, Services and Experiences provided by us, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
B2.3. No licence is granted to you to use any of our trade marks or those of our affiliated companies. (All content, designs, products and services are copyrighted and must not be copied or commercially used/shared without our express written permission).
B2.4. The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors. You must not modify, adapt, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent if you provide us with the information we request.
B2.5. You agree that you will not use our Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our Intellectual Property Rights will be a breach of these Terms.
B2.6. Subject to B2.7. you may:
- Retrieve and display materials on the Website on a computer screen;
- Download and store in electronic form materials on the Website; and
- Copy and print one copy only of materials on the Website.
- Copying, downloading, storing or printing the materials on the Website for any reason other than personal use or for any use other than the uses permitted in section B2.7. is expressly prohibited.
B2.7. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms ;
- Provided that you comply with the other provisions of this clause, you may download or print one copy only of pages of our website: for your own private use; or to draw attention to the content of our website to members of your organisation.
B2.8. You must not:
- download or print pages of the Website for any commercial use other than use permitted by clause B2.7.
- alter the content of any webpage you download or print; or
- use any images, videos or photographs on the webpage without the accompanying text.
B2.9. You must:
- keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print;
- acknowledge us as the owners of the content of the Website;
- erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and
- destroy any pages of the Website or materials on those pages printed other than in accordance with this clause.
B3. Linking to the Website
B.3.1 You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
B.3.2 Any agreed link must:
- Be to the Website's homepage and not to any other page on the Website
- Be established from a website or document that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in India and the law in any country from which they are hosted.
- Be provided in such a way that is fair and legal and does not damage our reputation or take advantage of it.
- Not suggest any form of association, approval or endorsement on our part where none exists.
- Not cause the Website or content on the Website to be embedded in or 'framed' by any other website.
- Not cause the content of the Website to be displayed differently from the way it appears on the Website.
B.3.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is accurate at all times.
B.3.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
(C) We reserve the right to refuse service and/or access to our content, products, services and experiences to anyone for any reason(s) at any given point of time. You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or devices. (Credit card information is always encrypted during transfer over networks).
(D) Information on the Website
The information provided via this website is for general purposes and knowledge only. It is not intended to be advice on which you should rely. This information should not be used as the sole source to make any decisions without referring to other latest, primary sources of information that are more current, accurate and/or complete. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements. Any decisions made by relying on the available information on our website is at your own risk.
We are not liable if the information on the website is not accurate, complete, updated or current. We reserve the right to update, change, replace or modify any part of the Website and Service as well as these Terms of Service by posting updates but have no obligation to update any information on the site. Your continued use of and/or access to the website following the posting of any changes signifies your acceptance of those changes. You agree that it is your responsibility to monitor any changes to our site.
We attempt to ensure that the information available on the Website at any time is accurate. At times the information displayed on this website might have errors or omissions such as inaccuracies, spelling mistakes or missing information pertaining to descriptions of products and services, gift with purchase, promotions, pricing, shipping timelines and charges as well as product availability. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that any such material is correct or up-to-date.
We reserve the right to correct any and all errors, inaccuracies and missing information as well as to change or update information at any given point of time including after you have placed your order. We also reserve the right to cancel orders if any displayed information on our website or on any related website(s) is inaccurate or incomplete, at any time without prior notice (including after you have placed your order).
We reserve the right to make changes to the information or materials on this Website at any time. We may temporarily or permanently change, suspend or discontinue any aspect of the Website and Service, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
We are not obligated to update, change or clarify any information about our provided products or services on our website or on any related website (including without limitation any pricing information) except as required by law.
A specific update to these Terms and Conditions, changes to the Last Updated section as well as any update to our website or related website(s) does not imply that all information on our website or any related website has been changed or updated.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any product or services (partially, in full or any related content) without notice at any time.
We are not liable to you or to any third-party for any modifications , price change(s), suspension or discontinuing any of our products and/or services.
(F) Depiction and Availability of Products and Services
We reserve the right to sell and make certain products and services available exclusively through our Website. At times, certain products (and/or services) might be available in limited editions or quantities and can only be returned or exchanged based on our Return Policy (will link here)
We have tried our best to display all our products, services, sizing information and materials accurately in photos on the Website. We cannot guarantee that colours that will appear on your digital screen(s) will accurately represent the true colours and textures of the products and/or services.
Since a lot of our products are botanically (naturally) dyed we cannot guarantee that the colours will be consistent across multiple pieces or production batches. This natural variation is considered to be a beautiful feature of working with botanical dyes, is normal and is to be expected.
We reserve the right to update or change the prices and/or descriptions of products at anytime without notice. We reserve the right to discontinue any product(s) or service(s) or promotions at any time. Any offers or promotions that are related to any product or service on this website will not be apply in situations, physical or digital platforms or geographical areas where banned or prohibited.
We have the right to limit the sales of our products or services to any person or any geographical region but are not liable to do so. Any such limitation will be considered on a case-by-case basis at our sole discretion. We hold the right to limit the quantities of any products or services that we offer as well as limit or cancel the quantities purchased by a single person/household/per order. These restrictions may include and apply on any orders placed by the same customer account/ the same credit card, and/or orders using the same shipping and/or billing address.
We hold the right to limit or prohibit any orders that appear to be placed by distributors or re-sellers.
We do not guarantee that the quality of any products, services purchased and/or information obtained by you will meet your expectations, or that any errors in the product(s) or service(s) received will be corrected.
(G) Customer Information and Accounts
We reserve the right to amend/ refuse/ cancel any orders placed with us. If we make a change to your order or cancel it, we might contact you using the contact information provided by you at the time of order placement (including but not limited to-phone number or email).
You are responsible for providing complete, accurate and current information at the time of placing an order on our website or making a customer account with us. In addition, you are responsible for updating all information related to your customer account as well as personal information required for order fulfilment including phone numbers, emails, shipping and billing addresses as well as credit card numbers and expiration dates in order for us to fulfil your orders and contact you regarding the same whenever required.
(H) New Products, Services + Information available via external Third-Party Links/ Third Party Features
At times, for convenience and enhanced user experience, our Website might provide access to written or visual material or extended features via a Third-Party interface. Certain products, services and resources available via our website might also include third party materials that take you to external third party websites, tools or applications. We do not have any control over these third party interfaces/features/ websites and do not monitor or control the content.
We are not linked, affiliated to, represent or endorse any third party organisations or third party features directly or indirectly unless clearly and explicitly stated by us.
By using this Website you understand and agree that we are not liable for anything that might arise with your interaction with and/or usage of these optional third party features. Any interaction with or usage of these features is at your own risk and you should carry out due diligence to make yourself familiar with and accept the corresponding third party provider’s Terms and Conditions.
We are not liable or responsible (directly or indirectly without conditions) for any harm, damages, loss or offence caused to you by :
- Accessing, Interacting with and relying upon the published content (including but not limited to) materials, tools, resources, features, advertisements, affiliations, collaborations, products, services or any other information available from such external third party websites, links or sources.
- Your accessing, interacting with, purchasing and using any products, information, materials, resources, advertisements, any other content or services provided by or linked to third party links or companies.
- How others use third party links or resources.
Please ensure you do due diligence and research about Third Party terms and conditions before making any decisions based on third party provided resources or making any third-party linked transactions.
In case of any questions, complaints or claims please raise them with the respective third party.
Any new products, services, information, resources and/or features we release in future (without exceptions and limit) shall also be covered under these Terms and Conditions.
(I) User generated reviews, comments, ideas and submissions
If you submit or manually send us reviews, feedback or other creative ideas such as comments, proposals, collaboration ideas, suggestions, contest submissions or other materials or plans (whether on our request or on your own initiative), via the website, social media handles/channels, by phone, email and/or post you understand and acknowledge that :
- We are not obliged to, but may (without limitations or restrictions) monitor and edit, limit, remove, ban, restrict, translate, distribute and publish (partially or in entirety) any materials (such as comments) that you send us on our Website, as part of email marketing + advertisements or on any of our social media channels based on our sole discretion.
- We are not obligated to maintain confidentiality of any comments or pay any kind of compensation or gratuity (monetary or otherwise) for such comments and/or feedback/reviews and customer submissions of a similar nature.
- We are not obliged to respond to any comments and can add or delete them on our business channels whenever and wherever needed.
At our sole discretion, we may (but are not obliged to) monitor, edit or delete any content that is deemed to be illegal, indecent, threatening, abusive, fraudulent, spam, obscene, offensive, defamatory, pornographic, libellous or otherwise objectionable. We also hold the right to remove any content that violates our Terms and Conditions or any party’s intellectual property. We may also refuse to post material on the Website at our sole discretion.
By using our Website and Service, you acknowledge and agree that all information provided by you is accurate and true to the best of your knowledge. You may not pretend to be someone else other than yourself or mislead us or other third parties as to the origin of comments. You may not make up an alias or use a false email address.
You further agree that :
- Your comments will not violate any right of any third party, including trademark, copyright, privacy or any other proprietary or personal rights.
- Your comments or any disseminated material will not contain any fraudulent, malicious, libellous, vulgar, indecent, obscene, abusive, pornographic or otherwise offensive or unlawful content, or contain any computer/ digital viruses such as malicious malware, spyware, logic bombs, keystroke loggers, bugs, trojan horses or other such malicious code or virus that could affect the functioning and operations of our website, webshop, services or any related websites.
You are solely responsible for any and all comments you make as well as their accuracy. We are not liable and assume no responsibility for any comments posted by you or any third party.
(J) Use of Personal Information
In addition to other prohibitions in these Terms and Conditions, you are prohibited from using the webstore, website or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts or criminal offence;
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To breach any laws concerning the use of public telecommunications networks
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To stalk, blackmail, threaten, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, and/or disability;
- To violate or interfere with the rights of any other persons, including their right to privacy
- To interfere with another person’s use or enjoyment of the Website.
- To gain unauthorised access to our website or other computer systems
- To submit false or misleading information;
- To transmit material that encourages conduct that constitutes a criminal offence, resulting in civil liability or otherwise
- To upload or transmit viruses or any other type of malicious code or viruses such as malware, spyware, keystroke loggers, logic bombs, trojan horses etc. that will or may be used in any way that will affect the functionality (and security) or operation of the webstore, website and services or that of any related website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose;
- To interfere with, disrupt, damage or circumvent the security features of our services, products, webstore, website or of any related network/website, other websites, or the Internet.
- To represent to others that there is any connection between the Website and your business (where there is none) or any connection of our website and business with your views and opinions or that we endorse you or anything connected to you.
- For utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or multiple times) for re-utilisation of any substantial parts of the Website or the contents of the Website.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.
- To create and/or publish your own database that features all or substantial parts of the Website or the contents of the Website.
- For making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner.
- For selling, re-selling or using for commercial purposes any of the content of or access to the Website or using for commercial purposes any of the content of or access to the Website.
In addition, you must not:
- Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it.
- Attack the Website via a denial-of-service attack or a distributed denial-of service attack
- Damage, disrupt or interfere with any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website.
- Remove any copyright notice or notice of any other intellectual property right from the Website or any materials on the Website
We reserve the right to terminate your use of our Website and services or any related website for violating any of the prohibited uses.
A breach of any of the above prohibitions may be a criminal offence. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
(L) Disclaimer Of Warranties & Limitation Of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
We try our best to ensure that the Website is available to access and use 24 hours a day throughout the year, but this is not guaranteed. Due to technical glitches, systems failure or server maintenance (or other reasons beyond our control), the website might be unavailable and might require repair, updating and maintenance. We will try to give advance notice whenever possible but are in no way obligated to do so.
You understand and acknowledge that at times, we may remove or pause our services for indefinite periods of time or cancel our services temporarily or indefinitely without notice to you or any third party.
You agree that your use of, or inability to use, the service is at your sole risk.
The Website and all our products, services and experiences delivered to you through the website are provided on an 'as is' and 'as available’ basis for your use, without any representation, warranties or conditions of any kind, whether express or implied, statutory or otherwise (unless otherwise expressly stated by us or required by law). This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that the server that makes the website available is free of viruses or bugs. We will not be responsible or liable to you or any third party for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website. You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
In no case shall T.Berry, TBERRY ATELIER, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless T.Berry, TBERRY ATELIER and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Service. Any such determination shall not affect the validity and enforceability of any other remaining provisions. The headings provided in this agreement are included for your convenience and will not limit or affect these Terms and Conditions of Service in any way.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions of Service are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:.
- You breach these Terms and Conditions
- You impersonate any other person or entity
- When requested by us to do so, you fail to provide us with sufficient information (within a reasonable time) to enable us to determine the accuracy and validity of any information supplied by you, and/or your identity.
- We suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website
(O) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any delay by us in enforcing our rights, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforcing our rights in respect of any other breach by you of these Terms. We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to our products and services rendered constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
(P) Governing Law
This Website is controlled and operated in India. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
(R) Changes To The Terms and Conditions of Service
You can review the most current version of the Terms and Conditions of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions of Service indicates complete acceptance of those changes.
In case of any questions regarding the Terms and Conditions, please email email@example.com