TThese terms & conditions (“Terms and Conditions”) govern your use of Bangshoetique.com and the services provided by it. (1) By accessing, viewing, or using this website of BANG and the websites as mentioned in Annexure A below, the applications in relation thereto, Shoes including online ordering, call centre service or (2) by installation of the mobile application software provided by BANG (“Website”),you indicate that you understand these Terms and Conditions and accept them as the legal equivalent of a signed, written contract, binding you to these Terms and Conditions.
Subject to Applicable Law, Bang may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions. Bang recommends that you carefully read the Terms and Conditions each time you visit the Website as the Terms & Conditions may affect your rights.
If you do not agree with the Terms & Conditions of Use, do not use the Website for its intended usage.
These Terms and Conditions apply to all users of the Website.The Website may include content, information or links to third parties or third party websites. BANG does not regularly review materials posted, or products, or services offered, on the website by such third parties and does not necessarily endorse all of the materials, products, and services available on such third part websites.
By accepting these Terms & Conditions you agree to hold harmless and relieve Bang and its affiliates from any liability whatsoever arising from your use of information from a third party or your use of any third-party website and any you agree and acknowledge that viewing and usage of the contents of any such third party website is solely made at your own risk.
Access to Website:
BANG hereby provides its conditional permission for you to access the Website in accordance with these Terms and Conditions provided that you use the Website on your continued and absolute compliance with these Terms and Conditions. You shall not rent, transfer, assign, commercially exploit, resell or sublicense access to the service/products available on the Website to any third-party. You may only use this Website solely for (1) your personal, non-commercial use, (2) you may download a single copy of the materials from the Website only for your personal, non-commercial home use. You agree not to use or launch, or cause to be used or launched, any automated/computerised/analog/hybrid system or program in connection with the Website or online ordering, including without limitation, publishing or distributing vouchers or codes, "robots", "spiders", "offline readers", place pop-up windows over its pages, or otherwise affect the display of its pages and anything of similar nature. Notwithstanding the foregoing, BANG grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. BANG reserves the right to revoke these exceptions either generally or in specific cases at any time.
You agree not to collect or harvest any personally identifiable information from the Website or use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit for any reason whatsoever any users of the Website with respect to their Submissions to the Website.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, deep link, or otherwise use any information or material obtained from or through this Website without the prior written permission of the material's owner.
Intellectual Property Rights:
The Website contains many valuable intellectual property including but not limited to trademarks and copyrights used by BANG, affiliates and related entities throughout the world. These trademarks are used to distinguish BANG’s quality product and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the prior express written permission of BANG.
The text, graphics and Website’s html code (including flash files, java script etc.) contained in the Website are the exclusive property of BANG, its affiliates or related entities. Except where otherwise provided, the text, graphics and html code contained here shall not be copied, distributed, displayed, reproduced, adopted or transmitted in any form or by any means without the prior express written permission of BANG.
The website may link to websites not maintained by or related to BANG. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with this website or BANG. BANG has not reviewed the websites hyper-linked to or from this website and is not responsible for the content of any other website. These links are to be accessed at the user’s own risk and in accordance with the website’s usage policy. BANG makes no representations or warranties about the content, completeness or accuracy of these links or websites hyper-linked to the website. Furthermore, BANG does not implicitly endorse third-party websites hyper-linked to the website.
The intellectual property on the Website, except all User Submissions (as defined hereinafter), including but not limited to the text, software, scripts, graphics, photos, logos, images, concepts, sounds, music, videos, interactive features and anything else capable of being copyrightable under the Applicable Law ("Content") and the trademarks, service marks and logos contained therein ("Trademarks"), are owned by/licensed to BANG, subject to copyright and other intellectual property rights under the Applicable Laws and international conventions. Content on the Website is provided to you as is for your information and personal use only and shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of BANG or the respective owners, as the case may be. BANG reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. The contents of the Website are Copyright(c)2016BANG All rights reserved.
You consent to receive communications from us by e-mail, SMS or any other communication made electronically, verbally or physically through post. You agree that all agreements, notices, disclosures and other communications that BANG provides to you by e-mail or in any other aforementioned mediums satisfy any legal requirement that such communications be in writing.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BANG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Products and Pricing:
All products listed on the Website their descriptions, and their prices are each subject to change. BANG reserves the right, at any time, to modify, suspend, or discontinue the sale of any product or services with or without notice. You agree that BANG will not be liable to you or to any third party for any modification, suspension, or discontinuance of any product or services. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or information on such product or services received from BANG’s suppliers, BANG shall have the right, prior to the acceptance of any order, to decline or cancel any such orders, whether or not the order has been confirmed and/or you have been charged for such product or service. If you have been already been charged for the order and BANG cancels your order, BANG for any reason whatsoever, BANG will issue a credit to your credit/debit card or bank account in the amount of the charge.
Orders & Acceptance of Orders:
When you make an order, you are making an offer to purchase, and such offer is subject to acceptance of BANG. Your receipt of an order confirmation from BANG does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BANG reserves the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. BANG may require additional verifications or information before accepting any order. In the event that you are purchasing a gift order, you will be required to accurately provide the gift recipient’s name and shipping address. Your order is not accepted until BANG sends you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if BANG cancels all or a part of your order, your sole and exclusive remedy is either that (a) BANG will issue a credit to your credit/debit card or bank account in the amount charged for the cancelled portion (if your account card has already been charged for the order) or (b) BANG will not charge your credit/debit card or bank account for the cancelled portion of the order.
For your convenience,BANG accepts Visa, Master Card, Diners Club, American Express, SBI Debit Card and PayPal. Notwithstanding anything contained herein, any and all payments made vide above mentioned options, through payment gateway on the BANG’S website is subject to specific terms and conditions of such third party payment gateways.
BANG encourages you to place your order on the Website for the fastest possible service, but if you prefer, please feel free to call in your order. You can reach us at +919663523736
Timings: 9am - 9pm (Mon-Sat)
Customer can place the order by two methods:-
Online - Customer can place order on website and make the payment through below mentioned modes of online payment.
Offline – By calling the call centre of BANG.
Shortly after you place an order, you will receive an order confirmation e-mail which will include all the details of your order, including the order number, required in the event you need to contact BANG. To show our appreciation , you will receive a confirmation e-mail from BANG when your order has been delivered.
For each product or service you order on the Website, you agree to pay the price applicable for the such product or service as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select, if any (“Delivery Fees”), and any applicable taxes (defined below). You will be solely responsible for payment of all taxes (other than taxes based on BANG’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services (“Taxes”) not withheld by BANG. All payments are non-refundable (except as expressly set forth in the Terms and Conditions). Without limiting other remedies, BANG reserves the right to charge a late fee on all past due payments equivalent to the lesser of 1.5% (one and half percent) per month on the unpaid balance or the highest rate allowed under Applicable Law. You agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts.Order delivery is totally subject to the payment received by BANG. Unless payment is received by BANG, no order will be processed.
BANG welcomes your comments about your experiences shopping with us and your suggestions about how to improve the Website. The Website permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the website (“User Submissions”) and the hosting, sharing and/or publishing of the User Submissions. Any comments, ideas, suggestions, information, or any other content you contribute to BANG or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for BANG to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You agree and understand that whether or not such User Submissions are published on the Website, BANG does not guarantee any confidentiality with respect to any such submissions. Furthermore, you agree and acknowledge that BANG may publish your name and submissions on the Website, BANG managed social media, advertising, print material or in any other press releases of media items.
In relation to your User Submission you covenant, represent and warrant that:
you own or otherwise have the necessary licenses, rights, consents and permissions to use and authorise BANG to use all patent, trade mark, trade secret, copyright or other proprietary rights in and to any and all the User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and the Terms & Conditions .
in connection with your User Submissions, you agree that you will not (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BANG’S all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that may cause or likely to cause any damage to BANG or any third party; (iii) submit material that is unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
You agree and acknowledge that BANG does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BANG expressly disclaims any and all liability in connection with User Submissions. Furthermore, BANG does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and BANG is entitled to block and remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. BANG reserves the right to remove content and User Submissions without any prior notice.
BANG may also terminate, without notice, a user's access to its website, if the user is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the website. BANG also reserves the right to decide whether content or a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.
You agree to indemnify, defend and hold harmless BANG, its affiliates, and all of their employees, agents, officers, directors, proprietors, partners, representatives, shareholders, servants, attorneys, accountants, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (i) your use of and access to the Website; (ii) your violation of any term of these Terms & Conditions; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by BANG.
Ability to accept the Terms & Conditions:
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions.
Applicable Law & Jurisdiction:
By accessing the Website, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and BANG or its affiliates.
Any claim or dispute between you and BANG that arises in whole or in part from accessing or using the Website or in relation to orders, delivery, quality or any such products or services offered through the Website, shall be decided exclusively by a court of competent jurisdiction located in Bangalore, India only.
BANG makes no representation that the products/materials as mentioned on the Website is appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal, is prohibited. Further, BANG makes no representation that the products and services available for sale or use on the Website are appropriate or available for use in other locations, and use or purchase of such products or services from territories where such purchase or use is illegal is prohibited. If you choose to access or make purchases from the Website from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
Entire Agreement :
In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law or deemed invalid, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and BANG as a result of these Terms and Conditions or your use of the Website. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and the failure by BANG to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
Important Notice to Webmasters:
You shall not use or deploy the Trademarks in the html coding of any website and/or hidden text to aid indexing by search services by listing selected keywords in order to display those pages when a user types into a search service.
Linking to any content/pages on the Website is prohibited absent express written permission from BANG. Framing the BANG Website with links, Metatags, advertisements and/or other information not originating from the BANG Website is expressly prohibited.
Disclaimers, Limitations And Exclusions Of Liability:
While BANG endeavours to PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE WEBSITE, THERE MAY EXIST SOME INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED INFORMATION. MOREOVER, BANG MAY MAKE MODIFICATIONS OR CHANGES TO THE WEBSITE OR THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE WEBSITE AT ANY TIME. BANG IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR PRICING ERRORS ON THE WEBSITE; BANG RESERVES THE RIGHT TO REFUSE OR CANCEL ORDERS AT ANY TIME, INCLUDING BUT NOT LIMITED TO ORDERS THAT CONTAIN INCORRECT PRICES OR PRODUCT DESCRIPTIONS, ORDERS IN WHICH BANG BELIEVES THE CUSTOMER HAS VIOLATED APPLICABLE LAW, AND ORDERS THAT BANG BELIEVES ARE HARMFUL TO BANG OR ITS AFFILIATES. BANG ALSO RESERVES THE RIGHT TO LIMIT THE NUMBER OF ITEMS PURCHASED OR ORDERS PLACED THROUGH THIS WEBSITE.
YOU ASSUME THE SOLE RISK OF MAKING USE OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS WEBSITE. BANG MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BANG DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. BANG DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BANG AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS AND CONDITION, THE SERVICE, THE WEBSITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF BANG WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL AGGREGATE LIABILITY OF BANG TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE SERVICE, THE WEBSITE, OR THE PRODUCTS EXCEED THE GREATER OF (1) INR 500 (INDIAN FIVE HUNDRED RUPEES ONLY) OR (2)THE AMOUNT YOU HAVE PAID TO THE COMPANY IN RELATION TO THE SERVICE,THE PRODUCTS OR THE USAGE OF THE WEBSITE IN THE PAST 1 (ONE) MONTH HEREUNDER. YOU AGREE AND ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND BANG’S RELATING TO THE PROVISION OF THE WEBSITE, THE SERVICE AND THE PRODUCTS TO YOU, AND BANG’S WOULD NOT PROVIDE THE WEBSITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.
BANG AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING IN RELATION TO (1) THE USE OR CONSUMPTION OF PRODUCTS PROCURED / MANUFACTURED BY THIRD PARTIES OR (2) THE PRODUCTS DELIVERED TO YOU BY ANY THIRD PARTY. BANG ASSUMES NO RESPONSIBILITY FOR EXAMINING OR EVALUATING THE PRODUCTS AND SERVICES OFFERED BY THEM. BANG DOES NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS. BANG DOES NOT ENDORSE, IN ANY WAY, ANY THIRD PARTY PRODUCTS OR SERVICES OR WEBSITE’S CONTENT THEREOF. ANY CLAIM IN RESPECT OF THE SAME SHALL BE MADE DIRECTLY WITH THE THIRD PARTY.