Terms of Use

1. General

1.1 Baboons ("Baboons," "us," or "we") operates the Site as a shopping website where you can browse, select, and purchase products sold by Baboons ("Products").

1.2 Your use of the Site, including browsing, ordering, and purchasing Products, is subject to these terms and conditions and our Privacy Policy.

2. Compliance

2.1 By using the Site to browse, select, and purchase Products, you agree to be bound by these terms and conditions.

2.2 You agree to adhere to all applicable laws related to your use of the Site and any orders placed through the Site.

2.3 You agree not to use any data from the Site for commercial purposes, such as price or information scraping.

2.4 You agree not to use the Site for any fraudulent, unlawful, or prohibited activities as outlined in these terms and conditions. You may use the Site for personal purposes only; any alteration, modification, reproduction, transmission, or distribution of the Site or its materials without our prior written consent is prohibited.

2.5 While using this Site, you must not:

Violate any laws, infringe on third-party rights, or act against relevant standards or codes, including making fraudulent inquiries, purchases, or requests.
Use the Site in any way that interferes with other users or customers, defames, harasses, threatens, menaces, or offends anyone, prevents others from using or enjoying the Site, or posts spam or unsolicited electronic communications.
Use another person’s details without permission or impersonate someone else.
Post or transmit obscene, indecent, inflammatory, or pornographic material, or any other material that could result in civil or criminal proceedings.
Tamper with or hinder the operation of the Site.
Knowingly transmit viruses, worms, defects, trojan horses, or similar harmful code to the Site.
Use any robot, spider, site search/retrieval application, or other mechanisms to retrieve or index any part of the Site.
Modify, adapt, translate, or reverse engineer any part of the Site.
Remove any copyright, trademark, or other proprietary rights notices from the Site.
Create accounts using automated means or under false pretences.
Violate the security of any computer or network or engage in illegal conduct.
Take any action that imposes or, in our reasonable opinion, would result in an unreasonable or disproportionately large load on our website infrastructure.
Use the Site in any manner not in accordance with these terms and conditions.
Use the Site if you cannot form legally binding contracts, are under the age of 18, or are suspended from using the Site.
Fail to pay for Products ordered using your login.
Transfer your login to another party without our consent.
Harvest or collect information about other customers, including email addresses, without their consent.
Attempt or engage in any of the above acts or permit another person to do so.

3. Your Account

3.1 You must be 18 years or older to purchase Products through the Site. We reserve the right to refuse service, terminate accounts, and remove or edit content if we reasonably believe you are acting in breach of these terms and conditions or using the Site in a fraudulent or improper manner. We also reserve the right to cancel orders in accordance with clause 8.1.

3.2 You must:

Ensure that only authorized users have access to your computer and that your login and password used to access the Site, as well as the details of your account, are kept safe and secure.
Notify us through Customer Service at hello@baboons.in if you become aware of any unauthorized use of your login and password or account, or any other security breach related to your account.
Promptly advise us of any changes to your information provided during the customer registration process.
Be responsible and liable for any person using your login and password to order Product(s) through the Site.
Agree that we may charge you for all Products ordered using your login and password through the Site.
Acknowledge that you will check the labels on the Products before use.

4. Placing an Order

4.1 You may purchase Products by selecting and submitting your order through the Site in accordance with these terms and conditions.

4.2 Any order placed through this Site for a Product is an offer by you to purchase that product at the price indicated (including delivery charges, fees, and taxes) at the time you place the order, based on the terms and conditions set out in these Baboons Terms of Use.

4.3 We may request additional details or require you to confirm your information to process any orders placed through the Site.

4.4 You agree to provide current, complete, and accurate details in response to our requests for information.

4.5 We have made every effort to display the colours and images of our Products as accurately as possible on the Site. However, we cannot guarantee that your computer monitor's display of any color will be accurate when placing your order.

5. Acceptance or Rejection of an Order

5.1 Your order may be rejected in certain circumstances, such as when the requested Product is unavailable or if there is an error in the price or product description posted on the Site.

5.2 Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:

Supply the Products in that order to you in accordance with these terms and conditions.
Send you an email confirmation of that order – though due to the nature of the internet, we cannot guarantee receipt. Please add hello@baboons.in to your contact address book to ensure emails are not sent to SPAM or blocked by your firewall.

5.3 If we reject an order for Products placed through the Site, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

5.4 We reserve the right, but are not obligated, to limit the sales of our Products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer, especially if deemed to be of commercial quantities. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

5.5 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

5.6 To protect against fraudulent activity, we use automated software that may cancel and restock orders deemed high risk. These cancellations may occur due to various factors, including:

Similarity to previously identified fraudulent orders
Billing address and postcode do not match card information
Shipping address that is far from the billing address
Multiple attempts or multiple cards used
Purchases made with a credit card that has been flagged as stolen
Billing country and order placement country do not match
High-risk internet connection (web proxy) used
Missing Card Verification Value (CVV)
Significant distance between shipping address and IP location

While we strive to maintain stock availability, cancellations based on potential fraud may impact availability, especially during high-volume sales periods. In this instance, you would receive an email notification advising you of your order cancellation. Please also see clauses 2.4, 3.1, or 8.1.

5.7 Resellers and Stockists are obliged to adhere to the terms and conditions of our wholesale agreement, which includes the prohibition of buying sale items from our retail website. Additionally, they must comply with the requirements set forth in clause 5 of the Wholesale agreement.

6. Delivery of Products

6.1 We deliver only to addresses within India.

6.2 We offer next-business-day dispatch, except during sale and promotion periods when it may take up to 10 days. The delivery fee for your order is calculated at checkout automatically based on weight: free shipping for orders over Rs.6,000/-

6.3 You:

Acknowledge and agree that any person at the delivery address who receives the products is authorized by you to receive your order.
Agree to comply with the delivery requirements specified below and any other requirements that we notify you of when you place your order through the Site.

6.4 Unless you provide express authorization to leave a product at the delivery address if no one is present to accept delivery, an appropriate person must be present to accept the delivery of your order. If you authorize us or our carrier to leave a product at the delivery address when no one is present to accept delivery, you:

Accept the risk of theft or loss of the product from the time it is delivered; and
Acknowledge that, notwithstanding your authorization, the person delivering the product has discretion whether to leave the product at the address.

7. Pick-Up Orders - Retail

7.1 We offer a next-day local pick-up service from the Baboons warehouse located in Dharapuram, Tamil Nadu, India. Select Pick-Up during checkout, and we will provide all necessary information in your confirmation email.

8. Cancelling Orders for Products

8.1 We may cancel any part of an order for Products (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

8.1.1 The Products in that order are not available; or
8.1.2 There is an error in the price or the product description posted on the Site for the Product; or
8.1.3 The Product(s) in that order have been recalled.

8.2 If we cancel any part of an order in accordance with clause 8.1:

8.2.1 For 8.1.1 or 8.1.2 (where the Product is unavailable or there is a pricing or product description error) or 8.1.3 (where the Product has been recalled), we will provide you with reasonable notice of that cancellation and will not charge you for the cancelled part of the order. If any payment has been taken, then:

(i) For a wholly cancelled order, the full payment amount, including the delivery fee and any other fees and charges; or
(ii) For a partly cancelled order, the amount paid in respect of cancelled Products, will be refunded to your original payment method, or, where Baboons deems appropriate, through an alternative means.

8.3 If you decide to cancel and request a refund for part or for your whole order, there is a restocking & administration fee of 5% of the total order value.

8.4 While we always aim to assist in any order modifications, due to differences in department operating hours, this cannot always be guaranteed and would be handled on a case-by-case basis.

8.5 Orders cannot be cancelled or amended once shipped.

9. Prices, Fees, and Charges

9.1 We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee, and any other fees and charges set out in these terms and conditions.

9.2 All prices and delivery fees on the Site are in Indian Rupees (INR). We reserve the right to alter prices and delivery fees for any reason at any time before you place your order.

9.3 Baboons will not be liable or responsible for any failure to perform, or any delay in performance of, obligations under its contract with you where such failure or delay is caused by an event outside the reasonable control of Baboons.

9.4 The purchase price of each Product is shown on the product list on the Site at the time you place your order.

9.5 Refund and exchange values are subject to re-calculation if you purchased multiple items within a special promotion such as a Value Bundle, and later return one of them.

9.6 In the event of a price decrease, we are not obliged to refund you to match any subsequent price reduction after you have placed your order.

10. Payment Methods

10.1 You may pay the fees and charges for an accepted order with any of the following payment methods and such other payment methods as specified on the Site from time to time:

Visa;
MasterCard;
Debit cards displaying a Visa or MasterCard logo;
PayPal;
Gift Cards / Store Credit.

10.2 Gift cards and store credits are non-transferable, non-refundable, and are not redeemable for cash. They are valid for 3 years from the issue date. If you are returning an item for a store credit, your store credit will be issued as soon as we have received and inspected the item and deemed it fit for resale. To use your gift card/store credit, enter the code in the ‘Gift Cards or Discount’ field at checkout.

10.3 If we are unable to successfully process your nominated payment method (being the applicable debit card, credit card, gift card, PayPal) for an order that has been accepted by us, then we may cancel your order.

10.4 If you choose to pay by credit card, you authorize us to debit the amount that is payable from your nominated credit card for an accepted order.

10.5 You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

10.6 We will provide you with a packing slip at the time of delivery, which specifies the items received. Please reach out to hello@baboons.in if you require a full tax invoice.

11. Product Returns - Faulty/Damaged

11.1 The Baboons Returns Policy applies to all purchases of products using the Site and forms part of these terms and conditions. If you consider that a product was delivered to you in a damaged or defective condition, or is otherwise faulty, you should contact us via the contact form here within 7 days of receiving your order. We provide a return shipping label for any products that are faulty.

11.2 All goods returned for assessment under faulty product claim must be clean and dry – items returned wet, dirty, or otherwise unhygienic will not be processed.

11.3 Proof of purchase (dated receipt) is required for all product returns - faulty/damaged claims. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

12. Returns of Faulty Products

If the problem is major, you are entitled to a replacement or refund for the price paid. Examples of major failure are when the product:

Has a problem that would have stopped you from buying it had you known about it;
Is unsafe;
Is significantly different from the description of the product; or
Doesn’t do what we said it would do but does not include damage caused by misuse or returns simply due to a change of mind.

If the problem is not major, we may choose to give you a free repair instead of a replacement or refund if this is possible. If we cannot repair the product within a reasonable time, you can choose a refund or replacement. We reserve the right to refuse to provide a refund, repair, or replacement if the problem has arisen because the product was misused by the customer.

13. Termination

13.1 We may immediately suspend, terminate, or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:

The breach cannot be remedied; or
You fail to remedy the breach within 10 days of our notice to you of that breach; or
If there is an emergency.

13.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case we will notify you and we will refund to you all valid payments received by us for those Products.

13.3 You may cancel your account at any time for any reason provided that:

Any outstanding matters are resolved (such as a suspension on your account); and
You have paid all outstanding amounts owed by you.

14. Changes to these Terms and Conditions

14.1 We may, at our discretion, amend these terms and conditions at any time by publishing any amended terms and conditions on our Site.

14.2 If you have an order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you place your order.

14.3 For any future orders, these terms and conditions may be different, and so we recommend that you read these terms and conditions carefully each time you agree to them prior to placing your order.

15. Your Privacy and Commercial Electronic Messages

15.1 Unless you have opted out, you agree to us communicating with you via various channels and media (including by email and by advertising on certain websites and social media) about offers, events, and promotions. You agree to continue receiving communications from us until the time that you opt out.

15.2 You may opt out at any time by:

Using the unsubscribe facilities provided in our communications.
For advertising on certain websites and social media: changing your privacy settings online so you no longer receive targeted advertising (see our Cookie Statement in our Privacy Policy for more details on how to do this). Opting out of receiving email, SMS, and mail communications from Baboons will not opt you out of receiving advertising on certain websites and social media.

15.3 There are, however, some messages that we must be able to send you. These include, for example, messages relating to your Baboons account, important information about products that you have purchased (like health and safety recall notices), forgotten passwords, or updates to our T&Cs and Privacy Policy. Opting out of receiving communications from Baboons will not opt you out of receiving these types of messages.

15.4 Our Privacy Policy contains information about how you can seek access to or correct the personal information we hold about you, and how you can complain about a breach of privacy.

15.5 If you have an inquiry about privacy, you can contact us by email at hello@baboons.in

15.6 This Privacy Policy may be periodically revised to reflect changes in our practices or for operational, legal, or regulatory reasons. Any modifications to this Privacy Policy will become effective as soon as they are published and visible on the Site.

16. Governing Law and Enforceability

16.1 These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of India.

16.2 You alone, and not Baboons, are responsible for ensuring that your activities conducted on the Site are lawful. You must ensure that you comply with all applicable laws in India and other countries. You must also ensure that you strictly comply with these terms and conditions and the policies which form part of these terms and conditions.

17. Risk of Loss

17.1 Risk and title in Products pass to you:

17.1.1 In relation to orders, on the date and time of delivery to the delivery address.

17.2 If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, product reviews, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

17.3 We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

17.4 You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

18. Disclaimer of Warranties; Limitation of Liability

18.1 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

18.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

18.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

18.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

18.5 In no case shall Baboons, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

19. Indemnification

19.1 You agree to indemnify, defend, and hold harmless Baboons and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

20. Sale Periods

20.1 Baboons offers/sales are only available online via www.baboons.in. Special offers ("Offers") are available to all eligible customers based on the following terms and conditions:

Sale pricing applies until the items are sold out, or the sale period ends.
Offers only apply to completed customer orders and purchases. Items in the cart are not guaranteed until checkout is completed.
Baboons reserves the right to modify, discontinue, or alter the terms of the offer without notice.
No price adjustments will be given for items purchased prior to or after sales periods.
No refunds will be granted if a code is not applied correctly; however, at our discretion, we may provide a gift card for the difference, which is valid for 3 years from the date of issue.
Due to high order volume, there may be a delay in processing and shipping. We are unable to change, combine, or edit any orders during peak sales periods.
These sale offers may not be combined with any other offers, including welcome offers, and affiliate codes do not apply over sales periods; however, gift cards may still be used.
Sales offers exclude replacement parts, gift cards, and reshipping fees.
For items purchased on sale with a discount exceeding 50% of the original purchase price, a credit note will be issued. We cannot issue refunds or exchanges unless the goods are faulty. This credit note can be utilized for future purchases and remains valid for three years from the date of issue. Return postage is the responsibility of the customer.

21. Definitions

Capitalized terms used are defined in these terms and conditions. In these terms:

Returns Policies means the Faulty Goods Returns Policy https://baboons.in/pages/shipping-and-returns.

Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.

Delivery Fee means the delivery fee notified to you at the time you place your order.

GST has the meaning it has in the Central Goods and Services Tax Act, 2017.

Indirect Loss means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss or corruption of data, loss of opportunity, loss of use, and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act, or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the parties, at the time they made the contract, as the probable result of the relevant breach, act, or omission.

Intellectual Property means all intellectual property rights, including current and future registered and unregistered rights in respect of copyright, designs, integrated circuits, trademarks, trade secrets, know-how, confidential information, patents, inventions and discoveries, and all other intellectual property as defined in the Indian laws governing intellectual property, such as the Indian Copyright Act, 1957, the Patents Act, 1970, the Trademarks Act, 1999, and the Designs Act, 2000.

Order means any order for a Product placed on the Site.

Product means each good that is advertised on the Site.

Site means the shopping site operated by Baboons.

22. Mobile Terms of Service

22.1 The Baboons mobile message service (the "Service") is operated by Baboons (“Baboons”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

22.2 By consenting to the Baboons SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Baboons through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

22.3 You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with Baboons. Your participation in this program is completely voluntary.

22.4 We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

22.5 You may opt-out of the Service at any time. Text the single keyword command STOP to Baboons or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Baboons mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

22.6 For Service support or assistance, email to hello@baboons.in

22.7 We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

22.8 The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

22.9 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

22.10 We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

23. New Subscriber Code

23.1 This discount code is exclusively offered to new subscribers who sign up through the newsletter popup. To avail of the discount, the code must be applied during the checkout process. The discount cannot be exchanged for cash or credit. It cannot be combined with any other promotions, discounts, or offers. Only one code can be used per new subscriber.

24. Contact Us

24.1 If you have any inquiries, concerns, or complaints regarding our Terms of Use and would like further information, please don't hesitate to reach out to us. You can contact us via email at hello@baboons.in