Welcome to BereziaSM. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of BereziaSM marketplace platform – www.bereziasm.in. 

The platform is owned by BereziaSM Private Limited, having its office in Mumbai, India. 

Your use of the BereziaSM service and tools are governed by the following terms and conditions:

1. GROUND RULES

1.1 General

You are only eligible to use the Platform if you are of legal age in your country/region or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries or regions. 

1.2 Scope

Welcome to BereziaSM. If you are located in the India, these Terms & Conditions ( “Agreement” or “Terms” ) are a contract between you and BereziaSM, as operator of the Site (as defined below), and BereziaSM as the company that uses the Site to sell products to you, collect payment and process your exchange (where applicable). BereziaSM and “you” or “your” shall refer to the user of the Services (as defined below). These Terms govern your use of our website at www.bereziasm.in (the “Site,” which includes local versions of the Site).

You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms. You will be subject to the Terms of that local Site. In addition, you may read our Privacy Policy at any time for more information about how the Company collects, stores, and protects your information when you use the Services. Our Privacy Policy is hereby incorporated by reference into these Terms as though fully set forth herein.

1.3 Acceptance of Terms

To shop with us, you need to be at least 16 years old. Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms, then you should immediately discontinue access or use of the Services. Please read this Agreement carefully before proceeding.

If you have any questions regarding these Terms or our Privacy Policy, you may contact us at [email protected] or at our Customer Service Platform .

1.4 Updates to the Terms

We reserve the right to modify the Terms, including the Privacy Policy, at any time, in our sole discretion by notifying you of such changes by any reasonable means, including by posting a revised Terms through the Services. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes. The most current version of these Terms will be available on the Services and supersedes previous versions. You agree that it is your responsibility to check the Services for any updated Terms. In addition, by continuing to use or access any of the Services or otherwise engaging with BereziaSM after we post any changes, you accept the updated Terms.

2. USE OF OUR SERVICES

2.1 Representations

When you use our Services, you agree to the processing of your information and data and you state that all information and data provided by you are true. You represent and warrant that you are at least 16 years old or are visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, BereziaSM hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Limitations on Use

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful.

Additionally, you agree not to:

• use the Services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
• to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
• use the Services in any manner that could disable, overburden, damage, or impair the Site or any other party’s use of the Services;
• use any robot, spider or other manual or automated device, process, software or means to index or access the Services for any purpose;
• use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
• otherwise attempt to interfere with the proper working of the Service.

2.3 Account Creation and Termination

In order to access some features available on the Services, you will have to create a User Account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site or in a manner consistent with the Terms and Conditions of this Agreement, and the Company has no obligation to investigate the authorization or source of any such access or use of the Services.

You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. In no event shall we be liable for any loss, theft or fraudulent use of your User Account. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Site security. Please do not use the same password for this Site that you use for other sites.

The User Account is provided for the regional Site that is used for the initial setup (e.g., Bereziasm.in). Your account will be administered by the entity responsible for using that Site, as set forth in Section 1.2 Scope (for example, if you created your account on Bereziasm.in, then your account will be administered by BereziaSM ). If you already have an account as of the Effective Date of these Terms, then depending on the location affiliated with your account, your account will be administered by the entity set forth in Section 1.2 Scope (for example, if your billing address is in the India, then your account will be administered by BereziaSM). From time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.

We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms. You may terminate your account at any time, for any reason, by following any such instructions within the Site or by contacting us as described in the “Contact Us” section below. 

By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.

2.4 Wallet

(1) If you create a User Account, you will be provided with a BereziaSM digital wallet ( “Wallet” ) that can be used to collect and hold wallet credits, gift cards, promotional coupons and promotional points issued by BereziaSM via the Services. Wallet credits, gift cards, promotional coupons and promotional points stored in your Wallet can only be redeemed with BereziaSM in connection with purchase of products from BereziaSM, and not for any other purpose. The Wallet is accessible at any time via the local Site in the section “My Assets”. Your total assets, including wallet credit, gift cards linked to an account and coupons with a rupee value, cannot exceed 10,000 on any given day. In addition, we may further provide value limit to each of wallet credit, gift cards linked to an account and coupons with a dollar value at our sole discretion.

(2) Promotional Points: Promotional points can be earned and stored under “My Assets” by using our Services offered on your local Site or social media accounts and purchasing goods in accordance with the specific provisions available under Bonus Points . Promotional Points are granted in the Company’s sole discretion; they are subject to expiration and cancellation by the Company. Promotional points can only be redeemed on the site through which they were granted (for example, if promotional points were granted on the Bereziasm.in site, then they can only be redeemed on that site).

Promotional coupons: Coupons can be purchased from the Company from time to time or may be granted by the Company in its sole discretion. Coupons may be stored under “My Assets.” BereziaSM coupons that were purchased can only be redeemed on the site on which they were purchased (for example, if coupons were purchased on the bereziasm.in site, then they can only be redeemed on that site). The redemption of coupons granted by the BereziaSM free of charge is subject to limitations imposed in BereziaSM’s sole discretion from time to time.

Wallet Credit: Wallet credit can be stored in your Wallet by returning goods in accordance with our Returns And Exchange Policy and choosing a store credit as your refund option. Once you elect to receive a wallet credit instead of a refund to the payment method used for your purchase, the store credit can no longer be refunded in cash, except as may be required under applicable law. Wallet credits can only be redeemed on the site through which the wallet credit was granted (for example, if you ordered and subsequently returned a product on the Bereziasm.in site and elected to receive a wallet credit, that wallet credit can only be redeemed on that site).

Gift Cards: Gift cards can be redeemed and stored under “My Assets” by entering the gift card code through your User Account. Gift cards purchased on the BereziaSM Site, Bereziasm.in, do not expire and are not subject to fees. The redemption of gift cards granted by the Company free of charge is subject to limitations imposed in the Company’s sole discretion from time to time.

(3) You can use wallet credits, gift cards, paid or free promotional coupons and promotional points that are stored under “My Assets” as an additional payment option or discount to be used on the Site, subject to the applicable terms above and the provisions available under Share And Earn. Wallet credits, gift cards, paid or free promotional coupons and promotional points cannot be redeemed for cash, except as may be required under applicable law.

(4) The Wallet is provided as part of the User Account and is subject to the same provisions as set forth in Paragraph 2.3. If your Wallet holds promotional points, coupons or credits at the time of termination or cancellation of your User Account, you may lose those assets, except as provided by applicable law.

2.5 Customs: In accordance with Customs regulations, you must provide valid and accurate data. All consignee names, addresses and payer names should be valid. It is your sole responsibility that the data you provide to us is complete and accurate. Should any information be missing or be incorrect and prevent any shipment or deliveries or customs clearance, we will not be responsible and will not offer any compensation in such cases. You hereby authorize Company and its affiliates to make statements, submit, amend and invalidate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. This power of attorney includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions, file, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders and decisions of whatever kind, receive monies, valuables and documents and/or deeds. It also includes the right to instruct customs agents in the name and on behalf of you and to grant sub-authorization to customs agents and/or other representatives involved in handling matters relating to the importation of goods and complying with regulations regarding the importation of goods. As the importer, you are responsible for complying with all laws and regulations in your own country

3. PRIVACY POLICY

When you use our Services and place orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary. We respect your right to privacy. To fully understand how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us, please see our Privacy Policy .

4. ERRORS

In case you detect that an error occurred when entering your personal data during your registration as a user of our Services, you can correct these errors on our Site in the section titled “My Account.” In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of rectification contemplated in our Privacy Policy through our Site. The Services display confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, the Services offer details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.

If you detect an error in your order after the completion of the payment process, you should immediately contact our Customer Service Platform to correct the error.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you placed your order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

5. TRADE RULES

5.1 Price and Payment

All prices are exclusive of sales and use tax and other taxes (where applicable) which will be charged to you separately at the applicable rate. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to your original method of payment or send us your Bank Account details to our email [email protected] when we’ll inform you about the cancellation of your shipment. The refund will be credited in your account within 10-15 days.

All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and the delivery charge plus sales and use tax and other applicable taxes.

Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.

Once you have selected all articles that you wish to buy, they will be added to your bag. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in How to Order . Also, if you are a registered user, a record of all the orders placed by you is available in “My Account”. If your order triggers a fraud alert in our security system, a verification email may be sent to your email address.

You may use the payment methods specified on the local Site, which may include Visa, Mastercard, Net banking, UPI ( GPay, Phonepe, Paytm) etc. To minimize the risk of non-authorized access, your credit card details will be encrypted. The charge on your card will be made at the time of your order.

When you click “Buy Now” or “Place Order” and “Continue”, you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.

5.2 Colors

We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the color of the product you selected to purchase.

5.3 Packing

Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.

5.4 Shipping & Delivery

We ship from different warehouses. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have not received your delivery within 15-30 business days, please contact our Customer Services Platform .

5.5 Title and Shipment

Unless agreed otherwise, shipping will be made to the delivery address indicated by you. Any claims against the Company for shortage or damage occurring prior to our delivery of the item to you must be made to customer service within 1-2 days after your receipt of the goods.

5.6 Return And Exchange

We don’t accept any return and only exchange in case of any damage or defect with the opening video. For exchange, customers have to bear all the shipping charges of exchange and ship the parcel by their own. There is no pickup facility. For exchange, customers have to apply at [email protected] within 48 hours after receiving the parcel.

6. INTELLECTUAL PROPERTY AND OWNERSHIP

6.1 Content

The Services, including all of their information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content” provided as part of the Services belong at all times to the Company or to those who grant us the license for their use and is protected by India and international copyright laws. You may use the Content only to the extent that we or the usage licensers authorize expressly.

6.2 BereziaSM Marks

In addition, the “BereziaSM” trademarks, service marks, icons, graphics, wordmarks, designs and logos contained therein ( “Marks” ), are owned by BereziaSM. “BereziaSM” and the Marks of BereziaSM are trademarks in the India and other countries for which applications are pending or registrations have issued. You do not have, and will not acquire, any right, title, or interest in or to any of the Marks. The BereziaSM Marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that discourages or discredits the Company. The Marks, whether on any product offered for sale on the Site, appearing as a logo or text on any portion of the Site, are not a representation that BereziaSM Company is the owner of any copyright or other intellectual property rights in the products offered for sale on the Site. BereziaSM sources some of its products from third-party manufacturers and wholesalers.

6.3 Rights Reserved

Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of the Company.

You agree not to engage in the use, copying, or distribution of or create derivative works from any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

7. Services Offered

Berezia.SM provides a number of Internet-based services through the Platform. The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference).

BereziaSM does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

8. Contents Posted on Platform

We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You

• do not remove any proprietary notice language in all copies of such documents,
• use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
• make no modifications to any such information, and
• do not make any additional representations or warranties relating to such documents.

9. Disclaimer of Warranties and Liability

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, BereziaSM does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number/email address while placing an order on the Platform. By registering Your phone number/email address with us, You consent to be contacted by Us via phone calls and/or SMS and/or email notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

10. E-Platform for Communication

You agree, understand and acknowledge that BereziaSM is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that BereziaSM is only a facilitator and is not and cannot be a party to or control in any manner any transactions on BereziaSM.

11. Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. BereziaSM makes no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and BereziaSM is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

12. Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.

13. Convenience Fee

Subject to the Terms of Use and the below terms and conditions, BereziaSM may levy a convenience fee (shipping charges,taxes,etc) on all low value orders (Below 999/-) on the BereziaSM Platform and for cases provided under point 5 below, hereinafter collectively referred to as “Convenience Fee”.

1. The Convenience Fee shall be specified on the shopping bag page on the BereziaSM Platform.
2. The Convenience Fee shall be charged on the overall order value.
3. BereziaSM reserves the right to modify/waive off the Convenience Fee from time to time.
4. The Convenience Fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to BereziaSM Private Limited.
5. To protect the rights of customers, BereziaSM reserves the right to collect Convenience Fee for all orders  placed through such accounts.

14. Customer Care

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the customer care are provided below:

Mr. Adil Shaikh

Contact us: [email protected]

Phone: +919373833920

Time: Monday – Sunday (9:00 – 18:00)

Customer Support: You can reach our customer support team to address any of your queries or complaints at [email protected]