Terms of service

TERMS OF SERVICE - Bold Soul Brands Pvt Ltd

These Terms of Service ("Terms") constitute a legally binding agreement between you ("You" or "User" or "Buyer") and Bold Soul Brands Pvt Ltd ("Company," "We," "Us," or "Our"), the owner and operator of the website and mobile application, collectively referred to as the "Platform."

By accessing, browsing, or otherwise using the Platform or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any other policies referenced herein. If you do not agree to these Terms, you must not access or use the Platform.

 

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Table of Contents

1. Definitions

2. Eligibility & User Account Obligations

3. Product, Pricing & Information Disclaimer

4. Offer, Acceptance & Right to Cancel

5. Payment Terms

6. Shipping & Delivery

7. Order Tracking

8. Cancellation, Returns, Exchanges & Refunds Policy

9. Promotions, Coupons & Credits

10. Intellectual Property Rights

11. User-Generated Content

12. Data Privacy & Security

13. Prohibited Conduct & Platform Integrity

14. Disclaimer of Warranties

15. Limitation of Liability

16. Indemnification

17. Force Majeure

18. Governing Law, Jurisdiction & Dispute Resolution

19. Grievance Redressal Mechanism

20. Modification of Terms

21. General Provisions

22. Contact Information

 

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1. Definitions

2. Eligibility & User Account Obligations

• Eligibility: Use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Act, including minors, are not eligible. If you are a minor (under 18 years of age), you may use the Platform only under the supervision of a parent or legal guardian.

• Accurate Information: You shall provide true, accurate, current, and complete information as prompted by the Platform’s registration form ("Registration Data"). You shall maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

• Account Security: You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

• Single Account: You shall not have more than one active account on the Platform. The creation of multiple accounts for the purpose of defrauding the system or abusing promotional offers is strictly prohibited and shall result in the immediate termination of all associated accounts without prejudice to any other legal remedy available to the Company.

• Right to Refuse/Terminate: We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion, without notice or liability.

3. Product, Pricing & Information Disclaimer

• Product Depiction: We make a diligent effort to display product attributes accurately, including colors and sizes. However, the actual colors you see will depend on your monitor/screen, and we cannot guarantee that your monitor's display of any color will be accurate. 

• Information Accuracy: The Platform may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice and without liability.

• Pricing: All prices are listed in Indian Rupees (INR) and are inclusive of Goods and Services Tax (GST) and other applicable taxes unless stated otherwise. Prices are subject to change at our sole discretion without notice.

• Pricing Errors: In the event a product is listed at an incorrect price due to a technical or typographical error, we shall have the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your payment has been processed. If your payment has already been processed, we will issue a full refund for the amount of the incorrect price.

4. Offer, Acceptance & Right to Cancel

• Invitation to Offer: All products, services, and information displayed on the Platform constitute an "invitation to offer." Your order for purchase constitutes your "offer."

• Acceptance: Our acceptance of your offer occurs only upon the dispatch of the product(s) ordered. The dispatch confirmation email/SMS constitutes the final acceptance of your offer and the conclusion of the contract. An order confirmation email/SMS is only an acknowledgment of receipt of your offer.

• Right to Cancel: We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. This may include, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or issues identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order.

5. Payment Terms

We partner with RBI-authorized, PCI-DSS compliant payment gateways. All online transactions are protected by SSL (Secure Sockets Layer) encryption.

Export to Sheets

By using a third-party payment provider, you agree to be bound by their terms and conditions. We are not liable for any failure, disruption, or error caused by the payment gateway.

6. Shipping & Delivery

• Coverage: We deliver to most PIN codes within the territorial limits of India. We do not currently offer international shipping.

• Timelines: Delivery timelines are estimates only and not guaranteed. Estimated timelines are 2–7 Business Days for metro cities and 5–10 Business Days for other locations. Delays due to unforeseen circumstances, such as natural disasters, regulatory actions, or logistics partner issues, are beyond our control.

• Discreet Packaging: To protect your privacy, all orders are shipped in tamper-proof, with no external identification of the contents.

• Transfer of Title & Risk: Title to and risk of loss for all products ordered by you shall pass on to you upon our shipment to the shipping carrier. Our responsibility ceases once the goods are handed over to the carrier.

• Delivery Confirmation: A shipment shall be deemed "Delivered" upon the logistics partner recording the delivery at the address provided by you. We are not liable for claims of non-receipt if the carrier's records show a successful delivery.

7. Cancellation, Returns, Exchanges & Refunds Policy

• Cancellation:

• By User: You may cancel an order free of charge until its status changes to "Ready to Ship" or "Dispatched."

• By Company: We reserve the right to cancel orders for any reason as detailed in Section 4.

• Returns & Exchanges:

• Window: A request for return or exchange must be initiated within 7 days of the delivery date.

• Hygiene Policy: Due to the intimate nature of our products and hygiene standards, certain items are strictly non-returnable and non-exchangeable. Please refer to Schedule A for the detailed eligibility matrix.

• Condition: Returned products must be in pristine, unworn, unwashed, and undamaged condition, with all original tags, labels, and packaging intact and in a resalable state.

• Inspection: All returned items are subject to a rigorous quality inspection. The decision of our quality control team regarding the condition of the product shall be final and binding.

• Process:

• Initiate a request via the "My Orders" section of the Platform.

• A reverse-pickup will be arranged. We will attempt pickup a maximum of two times.

• If reverse-pickup fails, you are required to self-ship the product to our designated warehouse address at your own cost and risk. We are not liable for items lost in transit during self-shipment.

• Refunds:

• Upon successful quality inspection, refunds will be processed within 7–10 Business Days.

• Prepaid Orders: Refund will be credited to the original source of payment.

• COD Orders: Refund will be credited to your “oh,so u” Wallet as store credit. Bank account transfer may be offered at our discretion and requires you to provide accurate bank details.

• Deductions: Refunds will be processed net of any applied discounts, or other charges.

8. Promotions, Coupons & Credits

• All promotional offers, coupons, and reward credits are subject to specific terms and conditions.

• Coupons are typically for single use, cannot be clubbed with other offers, and may require a minimum purchase value.

• We reserve the right to amend, suspend, or withdraw any promotion at any time without prior notice or liability.

• Any fraudulent activity, including the creation of multiple accounts to misuse offers, will result in order cancellation, forfeiture of credits, and potential legal action.

9. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, "look and feel," trade dress, and the selection and arrangement thereof), and all trademarks (including "oh, so u™"), service marks, and logos are owned by the Company, its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you.

10. User-Generated Content

By submitting any content to the Platform (including reviews, ratings, questions, or images), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, and sub-licensable right and license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post and that the content is accurate and not defamatory, obscene, or in violation of any applicable laws or third-party rights. You agree to indemnify the Company for all claims resulting from content you supply.

11. Data Privacy & Security

Our collection, use, storage, and disclosure of your personal information, including SPDI, is governed by our Privacy Policy, which is incorporated into these Terms by reference. We implement reasonable security practices and procedures as mandated by Section 43A of the Information Technology Act, 2000, and the IT Rules, 2011.

12. Prohibited Conduct & Platform Integrity

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (a) Accessing data not intended for you or logging into a server or account which you are not authorized to access. (b) Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform. (c) Uploading or disseminating viruses, Trojan horses, worms, or any other malicious code. (d) Engaging in data mining, scraping, crawling, or using any process or processes that send automated queries to the Platform.

13. Disclaimer of Warranties

THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PLATFORM OR THE PRODUCTS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM OR PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Platform, your User-Generated Content, or your violation of any law or the rights of a third-party. This indemnification obligation will survive the termination of these Terms and your use of the Platform.

16. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms resulting from acts or events beyond our reasonable control, including but not limited to acts of God, war, pandemic, epidemic, government orders, strikes, lock-outs, fire, flood, internet or telecommunication failures, or riots ("Force Majeure Event").

17. Governing Law, Jurisdiction & Dispute Resolution

• Governing Law: These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of India.

• Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through binding arbitration. The arbitration shall be conducted by a sole arbitrator appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bangalore, Karnataka, and the language of the arbitration shall be English. The arbitrator's award shall be final and binding on the parties.

• Jurisdiction: Subject to the arbitration clause above, the courts at Bangalore,Karnataka shall have exclusive jurisdiction over any proceedings arising out of this Agreement.

• Consumer Rights: Nothing in these Terms shall be deemed to limit your right to seek redressal from any applicable consumer disputes redressal commission or forum under the Consumer Protection Act, 2019.

18. Grievance Redressal Mechanism

In accordance with the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020, the contact details for the Grievance Officer are provided below:

• Name: Simarjit Gandhi

• Email: support@ohsou.com

• Phone: +91-9570109807

• We will acknowledge the complaint within 48 hours and resolve it within one month from the date of receipt.

19. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time by posting the updated version on the Platform. All changes are effective immediately when we post them. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check this page periodically for updates.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

• Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

• Waiver: No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

21. Contact Information

For any questions, concerns, or communications, please contact us at:

• Customer Support Email: support@ohsou.com

• Phone: +91-9570109807 (09:00 – 18:00 IST, Mon-Sat)

• Registered Office: Bold Soul Brands Pvt Ltd, Innov8, 5th Floor, Mantri Commercio, Bellandur, Bangalore, Karnataka - 560103

 

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Schedule A – Returns & Exchange Eligibility Matrix

By continuing to use this Platform, you affirm that you have read, understood, and agreed to be bound by these Terms of Service.