Terms of service

TERMS AND CONDITIONS 

General. This Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to the information, products and services (the "Services") being offered at the URL: http://www.brooklyndelhi.com (known as “Brooklyn Delhi’s website” or the “Site”). As used in this Agreement, "Brooklyn Delhi”, “we”, “us” and “our" refers to Brooklyn Delhi, LLC and "User" or "you" refers to you. These terms are subject to change by Brooklyn Delhi without prior written notice at any time. 

Online Store Terms.

By visiting this Site and/or placing an order for products from Brooklyn Delhi’s website, you affirm that you are of legal age to enter into this Agreement, and you accept and are bound by this Agreement, including those additional terms and conditions referenced herein and/or available by hyperlink. 

You may not order or obtain Services from Brooklyn Delhi’s website if you (a) do not agree to this Agreement, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Brooklyn Delhi, or (c) are prohibited from accessing or using this Site or any of this Site’s Services by applicable law.

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Order Acceptance and Cancellation. You agree that your order is an offer to buy all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept and to cancel orders at our sole discretion.

 

Prices and Payment Terms.

Prices posted on this Site may be different than prices offered by us at various retail locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment for the purchase, and (iii) charges incurred by you will be honored by your credit card company and/or financial institution.

 

Products/Services. We reserve the right to limit the sale of our products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change any anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. 

Shipping. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any shipping delays.

Return/Refund Policy. Because of the nature of our products, we are unable to issue any returns or refunds. If there is a problem with your order, please contact us at hello@brooklyndelhi.com.

Disclaimer of Warranties. The Services contained or accessed on this Site are provided to user on an ‘as is’ basis and without warranty of any kind. We do not warrant that the quality of any product, information or service purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any Services obtained through the Site or on any website linked to it. Without limiting the foregoing, neither Brooklyn Delhi nor anyone associated with Brooklyn Delhi represents or warrants that the Site, its content, or any Services obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Site or any Services obtained through the Site will otherwise meet your needs or expectations. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Reliance on Information Posted.

The information presented on or through this Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Brooklyn Delhi website, or by anyone who may be informed of any of its contents. Additionally, we may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Continued use after an update in the Agreement constitutes acceptance of such updated Agreement.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Brooklyn Delhi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Brooklyn Delhi. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Limitation of Liability. In no event shall Brooklyn Delhi, LLC, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, under any legal theory, arising out of or in connection with your use or inability to use, the Site, any websites linked to it, any content on the Site or such other websites, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Site, or any other liability that cannot be excluded or limited under applicable law.

Indemnification. You agree to indemnify, defend and hold harmless Brooklyn Delhi and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third-party.

Privacy. We respect your privacy and are committed to safeguarding it online. All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information. We use the personal and transactional information (e.g., name, address, e-mail address, payment details) you supply to us in order to fulfill your subscription order. You may receive periodic emails from Brooklyn Delhi if you opted to receive such emails at the time of registration with the Brooklyn Delhi website. If you would rather not receive email from Brooklyn Delhi, please send an email to hello@brooklyndelhi.com and you will be removed from further mailings. In accordance with our Privacy Policy, we will not share any of your individual information without your prior consent.

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Geographic Restrictions; Governing Law and Jurisdiction. This Site is operated from the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiatives and are responsible for compliance with local laws. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of New York without regard to any choice of law provisions. 

No Waivers. The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. 

Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by you, but may be so transferred, assigned or delegated by Brooklyn Delhi without your consent.

No Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person other than you.

No Intellectual Property Grant of Rights. 

The Brooklyn Delhi name and logo and all related names, logos, product and service names are trademarks of Brooklyn Delhi, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Brooklyn Delhi. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners. No license, right or interest in any trademarks of Brooklyn Delhi’s or any third party is granted under this Agreement.

All text, graphics, video, data and any other content on the Brooklyn Delhi website ("Brooklyn Delhi Content") is provided to you by Brooklyn Delhi for the sole purpose of using the Site. You shall not copy, display, modify, create derivative works of, publish, or sell Brooklyn Delhi Content. Brooklyn Delhi Content may be modified from time to time by us in our sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of Brooklyn Delhi Content by you shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Brooklyn Delhi’s or its licensors in the Services or Brooklyn Delhi Content, and any associated patents, trademarks, copyrights, trade secrets or other intellectual property rights. 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

 

Prohibited Uses. You may only use this Site for lawful purposes and in accordance with this Agreement. You agree not to use this Site in any way that violates any applicable federal, state, local or international law or regulation.

Severability. If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from the remaining terms and conditions in this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.

SMS/MMS Mobile Message Marketing Program.

Brooklyn Delhi is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these mobile messaging terms and conditions and privacy policy (“Mobile Messaging Terms and Conditions”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Mobile Messaging Terms and Conditions are limited to the Program and are not intended to modify other terms and conditions or privacy policy that may govern the relationship between you and us in other contexts.

1. User Opt In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that the Mobile Messaging Terms and Conditions applies to your participation in the Program. By participating in the Program, you agree to receive recurring mobile messages autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, you agree that such messages may be sent using an automatic telephone dialing system, an automated system for the selection or dialing of telephone numbers, or other technology, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an automatic telephone dialing systemautodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an such automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. We use cookies, unique device identifiers, and other personal information that you may provide to us (such as account information) to help keep track of items in your shopping cart, including when you have abandoned the items in your cart, and use this information to determine when to send cart reminder messages via SMS/MMS.

1. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to the Mobile Messaging Terms and Conditions, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Brooklyn Delhi and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

1. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Brooklyn Delhi products. Messages may include checkout reminders. 

1. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

1. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@brooklyndelhi.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

1. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

1. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

1. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

1. Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Program.

1. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and us, or between you and Klaviyo or any other third-party service provider acting on our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, NY before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Brooklyn Delhi’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

1. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

1. Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Mobile Messaging Terms and Conditions and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

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