Welcome to Bougan Villa

TERMS AND CONDITIONS

Terms of Service
These Terms of Service(“TOS”) of Sale govern the sale of merchandise by FUCHSIA VINE DESIGNS PVT LTD to you through its site www.bougan-villa.com(the "Site" or “Bougan-villa). Your use of the Site to purchase merchandise indicates your agreement to follow and to be bound by these Terms and Conditions of Sale. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. We may modify the TOS from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms.

Privacy Policy
To read our Privacy Policy, click the link on the bottom left of this page. If you are under 18, you must let your parent or guardian know about Bougan-villa's Privacy Policy before you register to use this Site or any of this Site's services.

1. Use of this Site

Registering
You may need to register to make a purchase on this Site. We may change registration requirements from time to time. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address help@bougan-villa.com

Your Data
You acknowledge and agree that we have the right to access and disclose your information in order to comply with applicable laws and lawful government requests, and to protect Bougan-villa or its users.
You agree that Bougan-villa may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Bougan-villa may use your information for marketing and promotional purposes. You can tell us not to disclose your information by ticking the appropriate box on your registration form.
We shall share your personal data with companies and organisations in order to enable us to perform credit checks and you hereby consent to us so doing.

Site Contents
The Contents of our Site, and the Site as a whole, are intended solely for personal, non commercial (other than for the purchase of merchandise from our site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

You may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to Web site or online services which are competitive with us and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or posts that express or imply that any statements you make are endorsed by us, without our prior written consent. Additionally, you may not harvest or collect information about Site visitors or Members without their express consent.

Occasionally there may be information on Bougan-villa that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Your Activity

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

User Comments, Feedback, Postcards And Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Bougan-villa on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Bougan-villa's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Bougan-villa of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Bougan-villa will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Bougan-villa is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay to user any compensation for any Comments; or
(3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Bougan-villa’s Communications to you
You agree that Bougan-villa may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Bougan-villa 's products or services, or for such other purpose(s) as Bougan-villa deems appropriate. This shall not be construed as spam email since you are provided an option to subscribe/unsubscribe to the services.

Links to Third-party Websites and Services
We may include hyperlinks on this Site to other websites or resources operated by parties other than Bougan-villa, including advertisers. We are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

2. Purchasing

Orders & Acceptance of your Order
Once you have made your choice and your order has been placed, a minimum of three emails are sent to you regarding your order. The first email you receive will be an auto generated email acknowledging the receipt of your order (your order confirmation number will be included); this e-mail should arrive within approximately 24 hours. If you notice any errors or omissions in it, please inform us on help@bougan-villa.com. The second will be sent to you within 3 working days advising you on your order status. A third email confirms that your order has been shipped (any tracking information will be included); this e-mail should arrive shortly after your package has been shipped.

All orders are subject to written acceptance and availability by Bougan-villa. If due to any reason we are unable to ship your order we will give you a refund. All orders will be confirmed by Bougan-villa, in writing, by e-mail. An acceptance of your order and completion of the contract between you and Bougan-villa will be perfected when we despatch the goods to you. The sale contract is therefore concluded in New Delhi, India and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn or that you do not meet the eligibility criteria set-out below.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Please note that we may be unable to deliver selected product due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Payment to your credit card.

We will take all reasonable care, in so far as it is in its power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Payment
Bougan-villa accepts the following payment through CCAvenue its authorised secure online payment gateway.

Credit cards
Visa, MasterCard, American Express, Diners Club, Citibank E-card

Internet Enabled Bank Accounts
Centurion Bank ePay, Citibank Bank Account Online, Citibank NRI Rupee Checking, Citibank Suvidha Online Account, Federal Bank FedNet, HDFC Direct Pay, ICICI Bank.com, IDBI iNet-banking, Kotak Mahindra Bank, Oriental Bank of Commerce ipay Netbanking, PNB Internet Banking & UTI iConnect Net-Banking. American Express / Diners Club Card / Citibank E-card / MasterCard / Visa

Eligibility to Purchase
The purchase of merchandise through www.bougan-villa.com owned by Fuchsia Vine Designs Pvt Ltd is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with the laws of New Delhi, India only.

In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering products, you will be required to provide payment details to CC Avenue our authorized online payment gateway and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Bougan-villa terms of eligibility, who have been issued a valid credit card by a bank acceptable to Bougan-villa, whose applications are acceptable to Bougan-villa and who have authorized Bougan-villa to process a charge or charges on their credit card though CC Avenue in the amount of the total purchase price for the merchandise which they purchase. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale, commercial purposes or any other commercial benefit.

Moreover, by making an offer to purchase merchandise, you expressly authorize us to perform credit checks and, where Bougan-villa feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.

Change In Order Status
Occasionally, high demand causes us to run out of certain items. If we do not have an item that you've ordered in stock, we will notify you by email immediately. Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit card, we will not charge you for the item, plus any applicable taxes and shipping.

Other times, an item is currently out of stock but is expected back in stock soon. In this case, we will send you a notice that the item is "on order" and we will let you know when we expect it. You will be given the option of keeping the item "on order" or canceling the item. If we do not hear back from you, we will assume you still want the item and we will send it to you and charge you for it as soon as it arrives in our warehouse.

Order Cancellation
We are unable to accept any cancellations in the order after it has been placed with Bougan-villa.

3. Exchange policy

All products for sale at Bougan-villa are subject to strict quality control checks before dispatch; in the event of any manufacturing defects detected by you at the time of receipt of the package we advise you to obtain an Exchange Authorization( EA#). An EA# must be obtained within 3 days of receipt of item and the product for exchange must reach Bougan-villa within 7 days of receipt of the EA# for you to get an exchange (or store credit if the item is out of stock) on the value of the returned item or more minus the shipping cost and any custom duty or tax paid by you.

All products for exchange must have a EA# number. Unidentified returns will not receive any store credit for exchange. EA# can be obtained filling in this online exchange form in full and mailed to Bougan-villa on receipt of which a EA# will be mailed to you. Please note that the issuance of a EA# does not guarantee the goods will be accepted for exchange. You will be notified of acceptance once the goods have been received by Bougan-villa and inspected.

Please note that shipping costs as well as customs duties and sales taxes are not refunded for shipments.

When trying on items of clothing, please ensure that you are not wearing lipstick/perfume/aftershave or a deodorant, which may leave scents, lingering odors or marks on the product. We will be unable to accept the return of any item where there is evidence that these instructions have not been followed.

Bougan-villa will not accept products for exchange that have been damaged, worn, washed, ironed, stained and/or dry-cleaned. We strongly advise all customers to check garments thoroughly upon delivery before removing any attached tags. Please try on your product before removing the tags, as we do not accept products for exchange once this has been cut, broken or damaged in any way. All footwear has a Bougan-villa tag along with a sticker under the sole that when removed or soiled will indicate the product cannot be returned.

All items must be returned for exchange in their original packaging with the Bougan-villa tag & designer tag intact. All products must be sent in one single shipping: we cannot accept products for exchange from the same order sent separately. Poor return packaging may result in no exchange.

Exchanges are subject to product availability. We can only exchange a product for the same product in a different size, subject to availability. Please mention your required size and we will reserve it for you if the product is in stock. We are unable to process any exchanges for a completely different product, unless it is out of stock. The same product cannot be returned by you twice.

Exchanged products can only be dispatched after the returned goods have been received and undergone a quality control check. Once Bougan-villa receives, processes and accepts your return, you will receive an e-mail which confirms your exchange, subject to availability.

If the product is not in a good condition upon its return (marks,odors, tags missing, obvious signs of wear, etc.), the customer will be notified that the return is not acceptable. These situations will be handled on a case by case basis where the exchange is at the discretion of Bougan-villa.

The product will be your responsibility until it reaches us. The cost of sending the products to Bougan-villa for exchange are borne by you. For your own protection we recommend that you send the package using a service that insures you for the value of the goods rather than using any regular service. We also recommend all tracking numbers of return packages be recorded and safely stored for proof of delivery. Bougan-villa does not take any responsibility for reimbursement or compensation in the event that any returning packages for exchange are lost, stolen, or mishandled. Please also note that Bougan-villa cannot accept any packages that are sent freight/courier charges “Payable On Delivery” basis.

No exchanges are available for promotional products.

In addition, Bougan-villa may, from time to time, designate on the Website other non-returnable products. Any such designation will be noted on the detail page of the item which is non-returnable.

Please note new and unused means that there are no marks on the products or any wear on the tags. We do not sell used products and will not accept any product with any indication that it was used. In such cases the product will not be accepted for exchange. Bougan-villa is not responsible for any product that is not returned in the manner set forth above. Return of products ineligible for exchange would be sent back to the customer at the customer’s cost.

Before sending make sure you have fulfilled all of the above requirements before returning your purchase. Bougan-villa has the right to refuse return of goods that do not meet Bougan-villa's exchange policy requirements.

4. Shipping policy

Shipments & Delivery
All Merchandise purchased through the Website is delivered to You F.O.B by Bougan-villa. Delivery is deemed complete and title to the merchandise passes to you upon acceptance of shipment by the courier company.

Shipping Costs
You are responsible for the shipping costs associated with the delivery to you of merchandise purchased on the Bougan-villa website.

Wrong Delivery Address
We will not be responsible for wrong delivery due to incorrect and/or incomplete address given by the customer. We would request you to check your address in detail at the time of checkout. An incorrect address will incur a triple shipping cost as the package returns back to us and we then reship the same back to the corrected address.

Delivery Time
Generally, an order from the time of placement to delivery should take about 15 days. If for any reason there are any delays which will keep you informed on the same by email.

Delivery Date Confirmation
Please note that it is not possible for us to give you a Guarantee for the Delivery Date as we have no control over unforeseen circumstances that may delay delivery after we have shipped the order. Do track your order periodically as advised below.

5. Customs, Import duties & Taxes

Your order may be subject to import duties and taxes, which are levied once your package reaches your country.
Bougan-villa does not collect duties and taxes. As we have no control over these charges, we cannot predict what your particular charge may be. If you do incur these additional charges, they must be rendered in order for your package to clear customs at the time of the receipt of the package.

Customs policies vary widely from country to country. For more information regarding your country's custom policies, please contact your local customs office.

Sometimes unaccountable delays do occur during customs clearance. Unfortunately Bougan-villa cannot be held responsible for the same.

Moreover, when ordering from Bougan-villa, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

6. Size and Product Information

Size Information
As you know, sizing differs not only from country to country, but also by designer. In order to simplify things we have measured each garment to provide you with basic measurements of the garment. Please note that as most of these garments are hand made with handmade processes there could be variations in measurements.

Product Sizing
All garment measurements are taken by laying them flat. Minor variations may occur between the size chart given and the actual garment as they are all hand made products.

Footwear Sizing

Colour Accuracy
Every effort has been made to render colors and textures accurately. However, due to the constraints of digital reproduction on various web browsing platforms and personal monitor settings, we cannot guarantee true color and texture representations.

Prices
Prices shown on the site are in INR(Indian Rupees). All prices and offers remain valid as advertised from time to time. The INR price of a product displayed on the website at the time the order is accepted will be honoured. You will also incur shipping costs and any duties levied by the jurisdiction to which you have specified delivery. Please refer to the sections on Shipping Information and Custom, Import Duties & Taxes Information.

Prices may change without notice.VAT will be applied to products in accordance with applicable laws.All prices are exclusive of delivery charges, customs, import duties and VAT.

7. General

No Unauthorised Copying or Distribution
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Content, Bougan-villa Software and all HTML and other code contained in this Site, shall remain at all times vested in Bougan-villa and/or its licensors and is protected by copyright and other laws and international treaty provisions. You are permitted to use this material only as expressly authorised by Bougan-villa or its licensors. Any reproduction or redistribution of the above listed materials is prohibited by law and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited.

Limitation of Liability
While we will use reasonable endeavours to verify the accuracy of any information it places on this Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

Indemnification
At our request, you agree fully to defend, indemnify and hold harmless Bougan-villa immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.

Our Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Bougan-villa as a result your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Bougan-villa, and we shall not be liable for any representation, act, or omission on your part.

Entire Agreement
The TOS (as amended from time to time) constitutes the entire agreement between you and Bougan-villa regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Bougan-villa in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.

No Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Governing Law
The TOS will be governed by and construed in accordance with the laws of New Delhi, India only.

Express / Di