TERMS AND CONDITIONS
WEBSITE TERMS AND CONDITIONS
This Website, www.brindco.com, is operated by Brindco Sales Pvt. Ltd. Brindco Sales Pvt. Ltd. (“We” or “Us”) is a company incorporated in Republic of India under Companies Act, 1956. Our registered office is at Brindco Sales Pvt. Ltd., S-53 Okhla Industrial Area, Phase II, 110020, New Delhi, India.
You can contact us at the following:
Telephone: +91 11 40 64 66 66
This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms and Conditions (as may be amended from time to time, the “Agreement” or “Terms”) constitute a legal contract between the User (“You”), and Us.
Please read these Terms and Conditions carefully before you use this Site or make any purchases from us. By using this Site and/or making any purchases, you confirm your acceptance of and agreement to be bound by and comply with these Terms and Conditions.
The terms and conditions and divided into three parts:
- Section A contains general terms and conditions that govern any interaction you have with us, online or offline.
- Section B contains terms and conditions that govern any purchases made by you from us, whether products or services.
- Section C contains specific terms and conditions that govern use of this Site.
All three sections operate jointly.
We may modify these Terms and Conditions from time to time. We will endeavour to notify you of any material amendments to these Terms and Conditions by placing a notice about them on the homepage of the Site but do not guarantee to do so, therefore please review the Terms and Conditions whenever you use the Site as any changes are binding on you from the date that we make them.
Section A - General Terms and Conditions
- Our Content - Any content that we ourselves make available on this site or otherwise is intended for general guidance. We cannot and do not guarantee its accuracy or it being up-to-date as on date of access. Before acting on such information, you must make your own appropriate enquiries, including without limitation its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
- Local Laws & Regulations - Our site is directed to people residing in the Republic of India. If you choose to access our site from outside the Republic of India, you do so at your own risk. We do not represent that content available on or through our Site is appropriate or available in other jurisdictions. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. This Site is not directed at persons in a jurisdiction where the Site’s publication or availability is prohibited for any reason and any person to whom such a prohibition applies must not access the Site. Those who access the Site do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws or regulations.
- Dispute Redressal - We want to address any concerns you may have without needing a formal legal case. Before filing a claim against us, if you have a dispute with us relating to our contract with you, you may contact us at email@example.com and attempt to resolve the dispute with us informally. You can also write to us at _____. If a dispute cannot be resolved informally, You and We agree that any dispute arising out of relating to this Agreement, including its interpretation by arbitration, shall be settled in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. You agree, that the disputes shall be decided by a sole arbitrator and We shall have the sole right to appoint the arbitrator. Any such dispute shall be decided and determined on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration proceedings shall be conducted in _____, India. Either of may, subject to the provisions of the Arbitration & Conciliation Act, 1996, and to the extent permitted thereunder, seek any interim or preliminary relief from a Court of competent jurisdiction in ____, India, necessary to protect the rights or the property of You or Us (or our agents, suppliers, service providers and subcontractors). Any arbitration shall be confidential, and neither of Us shall disclose the existence, content or results of any such arbitration proceedings except as may be required by law or for purposes of enforcing or challenging the arbitration award. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English. Subject to Clause A. 8, You agree that Courts in ____, India shall have exclusive jurisdiction in respect of disputes between You and Us.
- Transfer Of Rights And Obligations - Any Contract between you and us is binding on you and us and on our respective successors and assigns. We may transfer, assign, charge, sub-contract or otherwise dispose of your contract or any of our rights or obligations arising under it, at any time during the term of the order, provided your legal and consumer rights are not prejudiced. This will not affect your rights or obligations under these Terms and Conditions. You may not transfer, assign, charge, sub-contract or otherwise dispose of the order, or any of your rights or obligations arising under it, unless we agree in writing.
- Our Liability - We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Use or, or inability to use, our Site, or
Use of or reliance on any content displayed on our Site other than where the content forms a term of a Product Contract.
We are under a legal duty to supply products that are in conformity with our contract with you. We warrant to you that any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- We will be responsible for loss or damage you suffer which is a foreseeable consequence of our breach of these Terms and Conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach of these Terms and Conditions or if the loss or damage could be contemplated by you and us at the time your order is accepted by us.
- Our maximum liability for losses or damages you suffer as a result of our breach of these Terms and Conditions in relation to any Product Contract is limited to the purchase price of the product(s) you purchased.
- We only provide our Site for private non-commercial use. You agree not to use our Site for any commercial, trade or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Nothing in these Terms and Conditions excludes or limits in any way our liability:
- for death or personal injury caused by our negligence;
- defective goods under the Consumer Protection Act, 1986; or
- for fraud or fraudulent misrepresentation; or
- Nothing in these Conditions will affect your legal rights.
- Severability & Waiver - Each of the provision of these Terms and Conditions operates separately. If any provision or part-provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision or part-provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law. No waiver by us of any breach of these Terms shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
- Indemnification - You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Site, violation by You of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.
- Entire Agreement - These Terms and Conditions and any Contract concluded between us are not intended to give rights to anyone except you and us and no other person shall have any rights to enforce any of these Terms and Conditions. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions or any document expressly referred to in them. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Contract.
- Termination by You: You may terminate this Agreement at any point in time.
- Consequence of Termination - Upon termination of this Agreement for any reason We will block Your access to the Site.
- Our Right To Vary These Terms And Conditions - We have the right to revise and amend these Terms and Conditions from time to time for any reason, including: (a) how our business operates; (b) changes in legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. You will be subject to the Terms and Conditions in force at the time that you order products, unless any change to these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders and/or previously placed by you).
- Other Services And Special Offers - From time to time we may offer other services, special offers, discounts and promotions together with services not specifically referred to in these Conditions. Such matters shall be subject, in addition to these Terms and Conditions, to specific terms and conditions relating to such matters. By taking the service or special offers, discounts or promotions you agree to be bound by and comply with such additional terms and conditions.
- Notice - We may provide You with notices and communications by email, regular mail or postings on the Website or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by courier or registered mail to: S 53 Okhla Industrial Area, Phase II, New Delhi, 110020, India.
Section B: Purchase Terms and Conditions
- Description of Products and Services - The description of Products for the items or services we provide are set out in our price list, brochure and/or website. We only supply to License Holders, i.e., Off and On Premise accounts. We reserve the right to change our wholesale prices without any notice. Please refer to the latest price list or our website for all current prices. Please note, prices issued in the latest price list or on our website supersede any prices set out in these terms and conditions if they are different. Unless otherwise stated, prices listed for wines are quoted per bottle and per case, and exclude VAT and/or any applicable taxes at the current rate which may be applicable in each of the states. Prices are subject to currency and market fluctuations, changes in duty, and changes in applicable taxes.
- Payment Terms - Our standard policy is to process payment at the time of ordering. On occasion, we do offer credit terms to customers. If you would like to discuss this, please contact Customer Service on firstname.lastname@example.org.
- Late Payment/Non-Payment - If payment is not received by the requested due date, we may charge interest on the overdue amount at the yearly rate of 24% above the base lending rate of the Reserve Bank of India. This interest shall accrue on a daily basis from the due date until the date of actual payment (in cleared funds) of the overdue amount, whether before or after judgment. If demanded the Customer must pay us interest together with other debt collection charges incurred and the overdue amount. Without limiting our right to recover any sum due from the Customer at any time, we may, at our sole discretion, invoke our debt collection process which is as follows:
- The Customer will be contacted by either email, letter or telephone and payment must be arranged immediately. Notice will be given at such contact that at the next contact for payment an administration fee shall be charged.
- If after 60 days from the invoice date the debt remains unpaid, an administration charge shall be applied to the Customer’s account.
- Should the debt continue to remain unpaid at 90 days from the invoice date, a further administration charge shall be applied to the Customer’s account.
- Preferred method for payment of overdue is bank transfer.
We reserve the right to carry out any additional and/or other methods to recover such debt, including issuing proceedings.
- Quality Guarantee and Policy - We are committed to providing our customers with an unsurpassed level of service and are equally committed to ensuring we provide a safe and legal product. If a wine is corked or faulty, we will NOT, offer a replacement bottle. Many wines are sold to drink young so we offer a simple drinking guide to help clarify the optimum drinking time of all our wines. If a wine has been kept too long or stored inappropriately, we will not be able to offer a refund. If you believe a wine to be faulty please contact us on 011 40 64 66 66 or email us at email@example.com and we will be happy to make arrangements to have the wine collected and tested.
- Receipt of Goods - Deliveries should be signed for as ‘Not Examined’ and you should inspect the goods as soon as possible and notify us immediately of breakages or shortages. We are unable to guarantee credit or replacements unless we are notified immediately on the delivery of the order. We regret that neither we nor our carriers can accept responsibility for any subsequent loss or damage which occurs once the consignment has been delivered.
- Substitutes/Availability - All wines and spirits and other goods are subject to availability. When selecting the wines or other goods from our price list we try to ensure that they will remain available throughout the life of the list. However, some items will inevitably go out of stock and we therefore reserve the right to select and deliver to you a substitute (of equal or higher value) to the wine you have ordered, to avoid delay in the delivery of orders. If we are unable to supply a particular item, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item
- Ownership - All wines and spirits or other goods ordered remain the property of Brindco or its associates until payment is received in full. Title to the goods shall not pass to the Customer until we receive payment in full (in cash or cleared funds) for those goods and any other goods that we have supplied to you in respect of which payment has become due.
Goods will become your responsibility from the time we deliver the goods to the address you gave us or you/a carrier organised by you collect them from us.
- Return of Goods/Cancellation - Subject to the specific cancellation provisions below in relation to specific services, orders for goods (to be delivered) may be cancelled within 3 working days of such confirmation. A full refund will be offered. You can tell us you want to cancel your order by emailing us at firstname.lastname@example.org, by post, by printing off the model cancellation form and posting it to Brindco Limited, S 53 Okhla Industrial Area, Phase II New Delhi. Any cancelled order will be refunded as soon as possible, usually within a week, but in any event within 30 days.
SECTION C: USE OF SITE TERMS AND CONDITIONS
- Eligibility to Use - You must be of legal drinking age to use the Site. If you are underage, please do not attempt to use the Site or make bookings via the Site. If we believe or verify that you are not aged __ or over, we may suspend or cancel your access to and use of the Site until you have provided us with acceptable proof of age. You will be asked to confirm your age each time you enter the Site or make a booking through this Site. By accessing the Site, you also represent that you have not been previously suspended or prohibited from accessing the Site or otherwise availing the services through the Site. You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. You agree that:
- You will not use the Site if you are not fully able and legally competent to agree to these Terms.
- You will not engage in any behaviour which is in violation of any law in force.
- You will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another person's' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, perform any other similar fraudulent activity or otherwise purchase recharge with what we reasonably believe to be potentially fraudulent funds.
- You will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights.
- You will not host, display, upload, modify, publish, transmit, update or share any message / information which is libellous, defamatory or which discloses private or personal matters concerning any person.
- You will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner.
- You will not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Us if required by any law enforcement, legal or government agencies or Merchant.
- You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or features that prohibit access to the Site in any manner or enforce limitations on the use of the Site.
- You will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Site or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation.
- You will not attempt to obtain any information or content from the Site using any robot, spider, scraper or other automated means for any purpose.
- You will only use an access point or data account which you are authorized to use.
- You will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time.
- Cancelling Or Suspending Your Use Of The Site - We may suspend or cancel your right to access and use the Site immediately and without notice at any time if we believe you have breached the Terms and Conditions. The suspension or cancellation of your right to use the Site shall not affect either party’s statutory rights or liabilities.
- Access To The Site, Changes & Updates - We shall endeavour to provide constant, uninterrupted access to the Site, but we cannot and do not guarantee to do so. Access to all or any part of the Site may be restricted from time to time to allow for repairs, maintenance or updating. We may update, amend, suspend, withdraw, discontinue or change all or any part of our Site and/or its content at any time and without notice. Please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. Whilst we take reasonable steps to ensure the accuracy of the information accessed via this Site, unless otherwise stated, we do not guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it.
- Intellectual Property Notice - This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together "Content ") are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this Site is entitled to view any part of it. However, the Content must not be used or reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for commercial gain without our express written permission. Furthermore, any links to this Site must be notified to and approved by us before they are created or steps are taken to create the same.
- Third Party Content And Links - We have no responsibility for content provided by third parties and are merely providing access to such content to you. Save as required by law:
- we have no obligation to verify the content of such information or to edit any such information provided by third parties; and
- we have no control over such content and do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
- Websites or pages to which this Site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses or damage whatsoever that may be incurred as a result of any linking to the same.
- Viruses - We do not guarantee that the Site or its server will be secure or free from bugs, errors, worms or viruses and we shall not be liable for any loss or damage you may suffer as a result of such technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. You should therefore use your own virus protection software. You agree that you will not knowingly introduce to our Site viruses, trojans, worms or other matter which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
About La Cave and LaCave.in
Who is LaCave?
Lacave.co.uk was established in 2015.
The registered office address is S 53 Okhla Industrial Area, Phase II, New Delhi, 110020, India.
How is LaCave different from other stores?
Our exceptional range of wines from around the world are independently rated and critiqued by the world's top wine critics - so that you know what you are buying and you have the information necessary to confidently explore new grape varieties and enjoy new wines. LaCave, does not sell wines direct but through its retail stores located in Delhi, Mumbai, Thane, Pune and Bangalore.
We're passionate about wine and believe that knowing more about where the wines come from , the grape varieties and wine styles, can enhance your wine drinking experience and embolden you to experiment with the wide selection of wine styles and grape varieties on our list.
We aim to offer the most competitive prices available for all our wines.
All prices are offered in INR in our stores and are inclusive of VAT as applicable in India.
Is LaCave able to source wine not offered in the current stores?
No. We only import and distribute the selection curated for our stores.
CORPORATE SOCIAL RESPONSIBILITY (CSR) POLICY
Corporate Social Responsibility (CSR) is the Company’s commitment to its stakeholders to conduct business in an economically, socially and environmentally sustainable manner that is transparent and ethical.
With the promulgation of the Companies Act, 2013 (Act) on September 2013 and the notification of Section 135 of the Act read with in Schedule VII to the Act, dealing with the aspect of corporate social responsibility as also of the Rules laid down to such effect to the Act, which have come into force on the 1st day of April, 2014 ( the CSR Rules), it has become mandatory for the corporate entities falling with the purview of the limits as to Networth, Turnover or Profitability as laid down in the said section read with the CSR Rules, to undertake any one or more of the activities as laid down thereunder, towards the discharge of their responsibility towards the society in general (the “Corporate Social Responsibility” or briefly“CSR”).
Brindco Sales Private Limited is committed to undertake CSR activities in accordance with the provisions of Section 135 of the Indian Companies Act, 2013 and related Rules.
Brindco Sales Private Limited commits itself to contribute to the society in ways possible for the organization and has set up its committed core CSR Committee, as a means for fulfilling this commitment.
2. Aims & Objectives
The main objective of the CSR Policy is to lay down guidelines for Brindco Sales Private Limited (hereinafter referred as “the Company”) to make the CSR as one of the key focus area for sustainable development of the society by undertaking various programs and projects by or on behalf of the Company relating to Corporate Social Responsibility (CSR) within the meaning of section 135 of the Companies act, 2013 read with Schedule VII of the Act and the CSR Policy Rules 2014 (Rules).
The CSR activities of the Company shall include, but not limited to any or all of the sectors/ activities as may be prescribed by Schedule VII of the Companies Act, 2013 amended from time to time. Further, the Company will review the sectors/activities from time to time and make additions/deletions/clarifications to the above sectors/activities.
3. Corporate Social Responsibility Activities (CSR Activities)
CSR Activities means any one or more of the following objectives/ purposes, being pursued/ undertaken/ to be undertaken by the Company, either directly or indirectly, within the purview of the CSR Rules:
(i) Eradicating hunger, poverty and malnutrition, promoting preventive healthcare and sanitation and making available safe drinking water;
(ii) Promoting education, including special education and employment enhancing vocation skills especially among children, women, elderly, and the differently abled and
livelihood enhancement projects;
(iii) Promoting gender equality, empowering women, setting up homes and hostels for women and orphans; setting up old age homes, day care centers and such other facilities
for senior citizens and measures for reducing inequalities faced by socially and economically backward groups;
(iv) Ensuring environmental sustainability, ecological balance, protection of flora and fauna, animal welfare, agroforestry, conservation of natural resources and maintaining quality of soil, air and water; (v) Protection of national heritage, art and culture including restoration of buildings and sites of historical importance and works of art; setting up public libraries; promotion and development of traditional arts and handicrafts;
(vi) Measure for the benefit of armed force veterans, war widows and their dependents;
(vii) Training to promote rural sports, nationally recognized sports, Paralympic sports and Olympics sports;
(viii) Contribution to the prime minister's National Relief/Care Fund or any other fund set up by the central government for socio-economic development and relief and welfare of the Scheduled Castes, the Schedule Tribes, other backward classes, minorities and women;
(ix) Contributions or funds provided to technology incubators located within academic institutions which are approved by the Central Government;
(x) Rural Development projects.
(xi) Any other activity, as may be notified by the Central Government from time to time.
4. CSR Committee
CSR Committee shall be formed as per the applicable laws, by the Board of Directors of the Company and the committee shall be responsible for the implementation/ monitoring and review of this policy and various projects/ activities undertaken under the policy.
5. CSR Contribution
The contribution by the Company in any financial year shall endeavor to spend 2% of the
average net profit during the preceding 3 financial years on CSR activities as enumerated in this
6. Duties & Responsibilities of CSR Committee
The Committee towards effectuation and implementation of the CSR Activities shall identify and recommend the specific CSR activity (ies) to the Board of Directors of the Company (Board) for its consideration and approval. Based on the approval of the Board, required funds shall be infused into the Board approved CSR activities. The same shall constitute the CSR Contribution of the Company for the relevant financial year.
The Committee shall institute a transparent monitoring mechanism for implementation of the CSR activities, towards which end, progress updates on CSR activities undertaken, shall be submitted to the Board, from time to time.
7. Responsibility Of The Board
Approve the CSR Policy and the CSR Expenditure after taking into consideration the recommendations made by the CSR committee.
Ensure the CSR spending every financial year of at least 2% of average net profits made during immediately preceding 3 financial years, in pursuance with the Policy. Preparation of annual report on the CSR in the prescribed format as per the Companies Act, 2013
8. Treatment of Surplus Arising out of CSR Activities
It is hereby explicitly stated that any surplus arising out of the CSR Activities shall not form a part of the business profits of the Company.
9. Overall improvement in functioning and in discharge of CSR
The Committee shall from time to time explore the ways and means whereby improvements that need to be brought about towards the discharge of CSR by the Company are identified and steps taken to ensure that measures necessary to effectuate the areas of improvement so identified are taken in the right earnest.
The Policy may be reviewed and amended from time to time.
All disclosures, display and reporting requirement related to CSR shall be made in accordance with the provisions of the Act and Rules made thereunder.