Terms of service

Website User Policies and Terms

1. Privacy Policy

At Bareroots Herb (“Company,” “we,” or “us”), we recognize the importance of maintaining the privacy and confidentiality of our users’ personal information. By providing your contact details, including but not limited to, email addresses, phone numbers, and social media identifiers, you expressly consent to our use of such information for marketing and promotional purposes, including the dissemination of emails, SMS, phone calls, and messages via WhatsApp. These communications pertain exclusively to the products and services offered under the brand “Bareroots Herb.” Your contact information shall not be disclosed to third parties for marketing purposes without your prior written consent. You may withdraw your consent at any time by unsubscribing from the communications or notifying us in writing. We are committed to adhering to applicable privacy laws and regulations to ensure that your personal data is handled with due care and security.

2. Shipping Policy

Bareroots Herb commits to dispatching orders within the timelines specified for each product category below, following the confirmation of the order and receipt of full payment:

• Herbal Teas, Oils, and Supplements: Orders will be dispatched within 5 (Five) business days of order confirmation and full payment.
• Specialty Products and Limited Editions: Dispatch will take place within 7 (Seven) business days of order confirmation and full payment.

The estimated delivery period within India may extend up to 30 (Thirty) business days, depending on the logistical circumstances and the location of delivery. Once the Goods are dispatched, Bareroots Herb shall no longer bear responsibility for any delay in delivery, as such delays shall be attributable to the logistics partner. In the event of multiple unsuccessful delivery attempts, whereby the Goods are returned to our warehouse, Bareroots Herb will arrange for 1 (One) reshipment without additional cost to the customer.

In the event that the Goods are lost or damaged during transit, Bareroots Herb will offer a replacement, provided the customer follows the claims procedure. Claims for damaged or lost shipments must be made in accordance with the procedure set forth in our Refund Policy, which includes submitting an unboxing video and photographic evidence.

3. Refund Policy

Bareroots Herb adopts a strict no-refund policy. In the event that the goods are damaged or defective upon receipt, the customer shall be entitled to a replacement, subject to compliance with the claims process specified herein. To be eligible for such replacement, the customer must submit an unboxing video and clear photographic evidence demonstrating the damage or defect within 24 (Twenty-Four) hours of delivery. This documentation must be sent to Support@barerootsherb.com within the stipulated timeframe. Claims not submitted in accordance with this procedure, or outside the specified time period, will be deemed invalid, and the customer will forfeit any entitlement to a replacement. Bareroots Herb reserves the right to investigate and verify the claim before determining whether a replacement is warranted.

4. Terms of Service

By accessing or using the website or services of Bareroots Herb, you (“User”) acknowledge and agree to be bound by these Terms of Service, as amended from time to time. The Company reserves the right to modify or update these Terms at its sole discretion without prior notice, and such modifications shall be effective immediately upon posting on the website. It is the User’s responsibility to review these Terms periodically. All orders placed with Bareroots Herb are subject to acceptance, and the Company reserves the right to refuse any order, in whole or in part, at its sole discretion. Payments are to be made in full at the time of order confirmation, as stipulated in Schedule B of the governing contractual agreement.

5. Terms for Offers and Promotions

Bareroots Herb reserves the right to implement promotional campaigns, discounts, or special offers (“Promotions”) at its sole discretion. Each Promotion shall be subject to specific terms and conditions, which will be delineated in the relevant promotional materials. Promotions shall be valid for a designated period as specified therein and are not combinable with any other offers or discounts, unless expressly stated. Bareroots Herb further reserves the right to withdraw, amend, or terminate any Promotion at any time, without prior notice or liability. Any fraudulent or improper use of Promotions may result in disqualification and potential legal recourse.

6. User Account Obligations

Customers are required to establish an account (“Account”) to access certain functionalities of the Bareroots Herb website. Users shall assume full responsibility for maintaining the confidentiality of their Account credentials, including but not limited to usernames and passwords. Users shall be liable for all activities conducted under their Account. In the event of any unauthorized access or suspected breach of security, users shall promptly notify Bareroots Herb.

Bareroots Herb shall not be held liable for any loss or damage arising from the failure of users to secure their Account credentials.

7. Payment Security

Bareroots Herb is committed to ensuring the security of its customers’ payment information. All online transactions are processed utilizing Secure Socket Layer (SSL) encryption technology to safeguard sensitive data. Bareroots Herb does not retain any payment information on its servers; instead, transactions are securely facilitated through accredited third-party payment processors. Users are responsible for the security of their login credentials and must exercise due diligence in protecting their payment information during transactions. Bareroots Herb shall not be liable for any unauthorized access to or use of payment information resulting from user negligence or failure to comply with security protocols.

8. Intellectual Property Policy

8.1. Ownership of Intellectual Property

All content available on this website, including but not limited to text, images, designs, logos, trademarks, and proprietary graphics, is the exclusive property of Bareroots Herb, or where applicable, its licensors, and is protected under applicable intellectual property laws, including copyright, trademark, and patent laws. Unauthorized use, reproduction, distribution, or modification of such content, in whole or in part, without express written permission from Bareroots Herb, is strictly prohibited.

By using this website, the user acknowledges that they have no rights to the intellectual property and shall refrain from any acts that could infringe upon such rights, including but not limited to duplicating, redistributing, or using any content for commercial purposes.

8.2. Grant of Limited License

Bareroots Herb grants the user a limited, revocable, non-transferable, and non-exclusive license to access and use the website solely for personal, non-commercial purposes. This limited license is conditioned upon the user’s compliance with all terms and conditions outlined in this Policy.

Infringement of any intellectual property rights may result in legal action, including but not limited to claims for damages and injunctions.

9. Cookies and Tracking Policy

9.1. Use of Cookies and Similar Technologies

Bareroots Herb uses cookies, pixel tags, and other similar tracking technologies to enhance the user experience, optimize website functionality, and provide personalized content. Cookies are small text files stored on a user’s device, enabling us to recognize users and track their preferences. These technologies help us analyse traffic, improve marketing efforts, and enhance service offerings.

9.2. Types of Cookies Used

• 1. Essential Cookies: Required for the basic operation of the website, such as maintaining the user’s session and providing secure login.
• 2. Performance Cookies: Used to collect information on how visitors use the website, allowing us to optimize pages and improve user experience.
• 3. Functional Cookies: Enable the website to remember choices you make, such as your language or region preferences.
• 4. Targeting and Marketing Cookies: Employed to display relevant advertisements and track the effectiveness of marketing campaigns.

By using this website, you consent to the use of cookies. You may manage or disable cookies via your browser settings, although disabling cookies may affect the functionality of the website.

9.3. Third-Party Services

We may also partner with third-party service providers who use cookies to track user interactions on the website and display advertisements based on prior visits. Any data collected by such third parties is governed by their respective privacy policies.

10. User-Generated Content and Reviews Policy

10.1. Submission of User-Generated Content

Users may post reviews, comments, and feedback on the Bareroots Herb website regarding their experiences with our products. By submitting such content, users grant Bareroots Herb a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and display such content in any media.

10.2. Content Guidelines and Moderation

All user-generated content must be respectful, relevant, and in accordance with the law. Users are strictly prohibited from posting offensive, defamatory, or misleading content, and Bareroots Herb reserves the right to moderate, remove, or edit any content deemed inappropriate, misleading, or in violation of these guidelines without notice.

Bareroots Herb shall not be liable for any content posted by users and does not endorse or guarantee the accuracy of such content. All opinions expressed in user reviews are solely those of the individual authors.

10.3. Prohibited Content

User submissions must not include:

• Any content that is unlawful, harmful, or violates third-party rights, including intellectual property rights.
• Advertisements or promotions of other businesses or services.
• False or misleading claims regarding products or services.

11. Limitation of Liability

11.1. No Warranty

The website and all content provided therein are made available on an “as is” and “as available” basis. Bareroots Herb makes no representations or warranties, express or implied, regarding the accuracy, completeness, or reliability of the information provided on the website, nor the uninterrupted or error-free use of the website.

11.2. Liability Disclaimer

To the fullest extent permitted by applicable law, Bareroots Herb disclaims all liability for any direct, indirect, incidental, special, consequential, or punitive damages arising from or in connection with your use of the website, including but not limited to:

• 1. Errors, inaccuracies, or omissions in product descriptions or other content.
• 2. Interruptions or delays in website operation.
• 3. Loss of data or unauthorized access to your personal information due to third-party activities.

11.3. Third-Party Links

The website may contain links to third-party websites, which are not under the control of Bareroots Herb. We assume no responsibility for the content, terms, or privacy practices of any third-party website.

12. Force Majeure Clause

12.1. Unforeseen Circumstances

Bareroots Herb shall not be held liable for any failure to perform, delay in performance, or any other disruption in the supply of goods or services, where such failure or delay is caused by events beyond its reasonable control. Such events may include but are not limited to:

• 1. Acts of God, natural disasters (earthquakes, floods, etc.).
• 2. Epidemics or pandemics.
• 3. Governmental actions, regulations, or restrictions.
• 4. Civil disturbances, strikes, or labour disputes.
• 5. Fires, explosions, or other catastrophes.
• 6. Acts of terrorism or war.

12.2. In the event of a force majeure situation, Bareroots Herb shall notify the affected parties as soon as reasonably possible and make all reasonable efforts to resume performance once the circumstances permit.

13. Modification of Policies

13.1. Right to Amend

Bareroots Herb reserves the right to modify, update, or amend these policies at any time, at its sole discretion, without prior notice. All changes will become effective immediately upon posting to the website, and the user acknowledges and agrees that continued use of the website following such updates constitutes acceptance of the modified terms and policies.

13.2. User Responsibility

It is the user’s responsibility to review these policies periodically for updates. Bareroots Herb will endeavour to notify users of any significant changes, but the absence of such notification does not exempt users from being bound by updated policies.

13.3. Severability Clause

If any provision of these policies is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

14. Jurisdiction, Governing Law, and Dispute Resolution

14.1. Applicable Law and Jurisdiction

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or any transaction carried out via the Bareroots Herb website, such disputes shall be exclusively governed by and construed in accordance with the laws of the Republic of India, without regard to its conflict of law’s provisions.

The user hereby irrevocably submits to the exclusive jurisdiction of the courts of Rajasthan, India, and agrees that all such disputes shall be subject to the jurisdiction of the Hon’ble Judicature of the High Court of Rajasthan, bench at Jaipur and sub-ordinate courts and tribunals situated at Jaipur, Rajasthan.

14.2. Arbitration and Mediation

Any dispute or difference arising between the parties out of or in connection with these Terms, including the interpretation, breach, termination, or validity thereof, shall be first attempted to be resolved amicably through mediation or conciliation. If such dispute is not resolved through mediation within a period of 30 days from the date of reference, either party may refer the dispute to binding arbitration.

The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, or any amendments thereof, and shall be conducted by a sole arbitrator appointed mutually by both parties. The place, seat and venue of arbitration shall be Jaipur, Rajasthan, and the language of arbitration shall be English. The parties to this agreement expressly waive any objections to the venue, and any claims of inconvenient forum.

14.3. Entire Agreement

These Terms, including any policies referenced herein or incorporated by reference, constitute the entire agreement between the parties concerning the use of the website, the purchase of goods, and the relationship between Bareroots Herb and the user. These Terms supersede any prior agreements, communications, or understandings between the parties, whether written or oral, regarding the subject matter.

15. Indemnification Clause

15.1. User Indemnification

By using the Bareroots Herb website, placing orders, or engaging with any of the services offered, you agree to indemnify, defend, and hold harmless Bareroots Herb, its affiliates, directors, officers, employees, and agents (hereinafter referred to as “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, costs, or expenses (including but not limited to reasonable attorneys’ fees and litigation expenses) arising out of or in connection with:

• 1. Your violation of any applicable laws, regulations, or the rights of a third party, including but not limited to intellectual property rights.
• 2. Your breach of these Terms or any other policies of Bareroots Herb, including any warranties or representations you have made under these Terms.
• 3. Any content you submit or post on the Bareroots Herb website, including any claims that such content infringes upon the rights of a third party.
• 4. Your use or misuse of the website, products, or services offered by Bareroots Herb, including but not limited to any fraudulent or negligent actions.

15.2. Assumption of Liability

In the event any legal proceedings are brought against the Indemnified Parties by a third party arising out of any user activity, submission, or breach, the user agrees to fully cooperate with Bareroots Herb in the defence of such proceedings and to indemnify the Indemnified Parties against any settlements, judgments, or awards made against them.

Bareroots Herb reserves the right, at its sole discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user, in which event the user agrees to cooperate with Bareroots Herb in asserting any available defences.

15.3. No Limitation of Liability for Gross Negligence or Wilful Misconduct

The indemnification obligations set forth herein shall not apply to the extent that any claims or damages arise directly from the gross negligence or wilful misconduct of Bareroots Herb or its agents.

We strive to make your experience seamless and appreciate your understanding of our shipping guidelines. For any concerns or questions, please contact our support team at Support@barerootsherb.com or Info@barerootsherb.com and contact our Sales team at Sales@barerootsherb.com or call us +91-8076004458.