Terms & Conditions

1. Introduction:

  1. The domain http://www.bigshot.com including any web-pages thereof is the website (“Website”) of Bigshot Fashions Private Limited (hereinafter “Bigshot”, “we”, “us” or “our”) having its Registered Office at 702, ‘B’ Wing, Naman Midtown, Senapati Bapat Marg, Prabhadevi, Mumbai 400 013, India.
  2. Through the Website, we intend to sell our original merchandise including but not limited to clothing, footwear, accessories, jewellery, etc., designed or created by various designers.
  3. Your access to the Website is subject to these terms and conditions (“Terms”) set out hereinafter and the ‘Privacy Policy’, ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by Bigshot from time to time.

2. Acceptance of Terms:

  1. These Terms shall be deemed to have come into effect immediately. Use of the Website is available only to persons who can form legally binding contracts under Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the Website. For example, if your age is below 18 years or you are an undischarged insolvent, you are prohibited from using this Website or purchasing any products from this Website or entering into any form of contract with Bigshot. The Website is also not available to persons whose Membership has been suspended or terminated by Bigshot for any reason whatsoever.
  2. By using the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood these Terms, various policies and signify your acceptance to be bound by them in their entirety.
  3. Except where additional terms and conditions are provided, which are product-specific, these Terms shall supersede all previous representations, understandings, arrangements, or agreements.
  4. If you have any queries about the Terms, various policies or have any comments, suggestions or grievances on or about our Website, please mail us your query at bigshot.com.

3. Privacy Policy and Other Policies:

  1. By accessing the Website or sharing information on the Website, you permit Bigshot to use your information, including personal or sensitive personal data/information (“Information”), as provided or may be provided to Bigshot and stored by the Website in electronic medium in connection with your visiting the Website or ordering products made available on the Website, etc. It is further clarified that the term “Information” shall also include any information made available to us by you at the time of registration, buying or listing process, in the feedback area, blog area, or through any email feature or a written letter or form mailed or submitted to any of our Stores and/or Offices. We will protect your Information in accordance with our Privacy Policy.
  2. By accessing the Website or purchasing products from the Website through any computer resource, including but not limited to mobile or tablet devices, you agree that you have read and understood the Privacy Policy. You further consent that the terms and contents of such Privacy Policy are entirely acceptable to you.
  3. In addition to the Terms and ‘Privacy Policy’, you shall also be legally bound by ‘Purchase Order Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’, or such other policies as may be introduced by Bigshot from time to time.
  4. Bigshot reserves the right to modify or update these Terms, including any policy, at any time without prior notice. Access to the Website after any modification or revision of these Terms or any policy/policies shall also constitute your acceptance to be bound by such modified Terms or any policy/policies. If required by any Indian laws, the modified or revised Terms or any policy/policies shall be applicable to any products purchased prior to such modification or revision becoming effective.
  5. You acknowledge that these Terms, policy/policies, including any modification(s) thereof, constitute a valid contract between you and Bigshot, even though it is in electronic form and is not physically signed by you and Bigshot. Thus, you acknowledge and agree that by mere use of the Website, you shall be contracting with Bigshot and these Terms and various policies shall be automatically binding upon you.
  6. If Indian courts, for any reason, hold any of the conditions of the Terms or policy/policies or any part thereof as invalid, void, or unenforceable, to any extent or in any particular context, only such condition of the Terms or policy/policies or any part thereof shall be deemed to be severed/ deleted only for such limited extent/context as determined by the Indian courts provided, however, that in such an event, these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Agreement shall not be affected.
  7. Unless the context otherwise requires, all policies, whether in force presently or introduced subsequently, shall be deemed to be part of these Terms. In case of any conflict between Terms and any policy, the provisions of such policy shall prevail.

4. Limited Usage of Website:

  1. All intellectual property rights in the Website and the proprietary rights of the Website are owned by and/or licensed to Bigshot. It is further clarified that the Website, including Information and all other contents on the Website such as software, images, audio, videos, photographs, graphics, text, descriptions, logos, text, programs, software, databases, trademarks, icons, etc., are either owned by Bigshot or are licensed to Bigshot. You shall not use any intellectual property of Bigshot or Bigshot’s licensor in any manner without prior written permission from Bigshot or from the respective licensor.
  2. Bigshot grants you a limited, revocable, and non-exclusive licence to access and make personal and non-commercial use of this Website, but not to download (other than page caching) or modify it, or any portion of it. It is clarified that the limited licence to access the Website shall exclude:
  1. Any commercial use or derivative use of this Website or its contents by you; or
  2. Any extraction, reproduction, duplication, downloading, or copying of any whole or part of the contents of the Website, including product(s), their descriptions, and/or prices, for any purpose by you; or
  3. Any extraction, reproduction, duplication, downloading, or copying in any manner, any Information, either in whole or in part, including account details of Bigshot’s employees/customers/suppliers/ designers/models for sale, resale, or for the benefit of third parties by you; or
  4. Any reverse engineering, distribution, transfer, transmission, publication, sale, resale, display, or licensing of any Information available on the Website by you.
  1. It is further clarified that any extraction, reproduction, duplication, downloading, or copying of any content of the Website for commercial or non-commercial purposes or unwarranted modification of Information or content of the Website is not permitted.
  2. Bigshot reserves the right to temporarily or indefinitely suspend or terminate your Membership and refuse to provide you with access to the Website without any liability if you make any unauthorized use of the Website, breach these Terms or any policy, or violate any applicable Indian laws while accessing the Website or purchasing products from Bigshot.

5. Access to Website:

  1. The Website and/or any facilities made available on the Website, in whole or partially, may not be available from time to time for any reason including, without limitation, upgrading of the Website/technology, introduction of new product(s), computer resource repairs, and Website maintenance, etc.
  2. In no event shall Bigshot be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
  1. use or the inability to use or delay in use of the Website;
  2. unauthorized access to or alteration of the user's transmissions or data;
  3. any other matter, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website;
  4. provision of or failure to provide access to the Website or any information, products through the Website;
  5. non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or pursuant to directives from government authorities or for any reason whatsoever beyond Bigshot’s control.
  1. Interruptions in the Website shall not serve as a basis to terminate your subscription, purchase order, or demand in full or partial refund of any payment made or any reductions in future payments to be made.

6. Changes to Website Contents:

  1. Bigshot, its consultants, contracted parties, and technology partners make no representations or warranties about the accuracy, reliability, suitability, timeliness, upgradation, and/or completeness of any content, graphics, images, information, software, text, audio, video, links, or communications provided on or through the use of the Website or that the operation of the Website will be error-free. While Bigshot uses reasonable efforts to keep the Website accessible and error-free, Bigshot cannot guarantee the same.
  2. Changes are periodically made to the Website, product(s), and to the price/information/contents of the Website. Bigshot and/or its respective suppliers may make improvements and/or changes to the Website or product(s) at any time without any prior intimation or any liability to anyone.

7. User Account, Password, Security, and Communication:

  1. Please ensure that the details provided to us during the registration process for your user account or while placing an order as a guest are correct and complete. Registered users are requested to update any account information to enable us to serve you better.
  2. If you are registering as a business entity (i.e., limited company, partnership, limited liability partnership, trust, society, association of persons, etc.), you represent that you have the authority to bind such entity, which you are representing with these Terms.
  3. You will not provide false information about yourself or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.
  4. You are solely responsible for maintaining the confidentiality of the password and account details. You shall be fully responsible for all activities that occur through your account. Bigshot shall not be liable to any person for any loss or damage arising as a result of your failure to maintain the confidentiality of your account details, password, and compliance with these Terms.
  5. You will ensure to exit/sign off from your account at the end of each session. If you know or suspect that there has been an unauthorized use of your account or password, you shall immediately notify Bigshot.
  6. If Bigshot has reason to believe that there was unauthorized access to your account or misuse of the Website, we may, for security reasons, either (i) request you to change your password or (ii) suspend your account without any liability to Bigshot.
  7. You understand that Bigshot will never ask you to disclose or share your password. Please ignore any such email or correspondence requesting disclosure of your password.
  8. You also agree and confirm as under:
  1. While registering yourself or while placing an order as a guest, you shall provide accurate, correct, complete, and up-to-date information about yourself as requested over the Website. Please note that the sale of product(s) to be rendered to you will be dependent upon the information provided by you. Thus, Bigshot will not be responsible if the information provided by you is inaccurate, false, incomplete, or not up-to-date.
  2. Bigshot has the right to verify and confirm the information provided by you at any time. If, upon verification, it is found that the information shared with Bigshot, either as a registered user or a guest, is inaccurate, false, incomplete, or not up-to-date in accordance with the Terms, Bigshot reserves the right to:
  3. Where you are a registered user:
  1. Temporarily or indefinitely suspend or terminate your Membership and refuse to provide you with access to the Website without any liability; and/or
  2. Reject your purchase order or stop the delivery of the products, without any liability;
  1. Where you are a guest user:
  1. Reserves the right to reject your purchase order or refuse to deliver the products to the address provided by you without any liability;

8. Review, Comments, Feedback, etc.:

  1. Bigshot invites you to provide your feedback, suggestions, convey ideas, and other submissions (collectively “Views”) on the Website or by letters or emails, as long as the same do not violate any Indian laws and are in accordance with these Terms.
  2. For avoidance of doubt, Views on the content of the Website, products, etc., are individual opinions of the visitors based on their knowledge or experience. Thus, these Views are personal opinions of the author. Bigshot neither subscribes to them nor assumes any responsibility or liability for the same.
  3. If you provide Views that violate Indian laws or are contrary to these Terms, Bigshot, without any liability or prior intimation, reserves the right (but not an obligation) to remove, delete, edit, or refuse to retain on the Website any such View that, in the sole judgment of Bigshot, violates these Terms or any Indian laws. Bigshot may, if deemed fit, even suspend your access or deny you access to the Website.
  4. If you post Views on the Website or send your Views by email/letter, you agree:
  1. All Views shall remain the property of Bigshot, and Bigshot shall have irrevocable, perpetual, and worldwide intellectual property rights in the Views. Thus, Bigshot has exclusive, royalty-free, and fully sub-licensable rights to commercially exploit the Views.
  2. Bigshot will be entitled to display, distribute, disclose, reproduce, modify, adapt, publish, translate, create derivative works from such Views throughout the world in any media for any purpose whatsoever, without any restriction and without any need to compensate you; and
  3. Bigshot and its associates, consultants, and contracted parties have the unlimited right to use the name that you submit in connection with such Views, if deemed fit.
  4. You agree to waive your rights to be identified as the author of such Views;
  1. You represent and warrant that the Views submitted on the Website are your personal Views and do not violate any Indian laws or hurt any person or entity, including that the Views are not defamatory.
  2. You agree to indemnify Bigshot and its associates, consultants, contracted parties, etc., for any claim against Bigshot or its associates due to the posting of Views on the Website in breach of these (i) Terms or (ii) any of these representations or warranties or (iii) any applicable Indian laws.

9. Your Obligations:

  1. You agree and accept, inter alia, the following:
  1. You will abide by all intellectual property right notices, information, and restrictions contained in or associated with any of the products or the Website content;
  2. Any products sold by Bigshot, its affiliates, or any contractors will be used by you for lawful purposes only and the intended use of the products shall comply with all applicable Indian laws.
  3. You shall monitor and restrict the use of the Internet by minors, including minors’ access to the Website. You accept full responsibility for any unauthorized use of the Website by minors, including the use of your credit card(s), debit card(s), or other payment instruments (e.g., PayPal) by minors to place any orders on the Website. For avoidance of doubt, a minor means a person who has not completed 18 years of age.
  4. You agree to waive your rights to be identified as the author of such Views;
  1. You agree and accept that, amongst others, you shall not, directly or indirectly:
  1. Breach any applicable Indian laws or these Terms while using the Website or purchasing any product through the Website;
  2. Access the Website using a false identity or on behalf of anyone else other than yourself;
  3. Use Bigshot’s Website or its product(s) for non-personal use or for commercial use. For example: use of the contents on the Website for any advertisement or solicitation or for gathering or transferring products purchased from the Website for further sale;
  4. Portray Bigshot, its product(s) in an offensive, hateful, defamatory, inaccurate, or false manner;
  5. Commit or omit to do anything which will adversely tarnish the goodwill or reputation of Bigshot, its associates, contracting parties, suppliers/designers, etc.;
  6. Gain or attempt to gain any unauthorized access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt in any way the operation of the Website or any parts thereof;
  7. Create or submit a submission including any View that is unlawful, offensive, obscene, defamatory, libellous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally, or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable Indian laws, rules, regulations, or regulatory guidelines under the laws of India, or that infringes or violates other parties' privacy rights or links to infringing or unauthorized content or pornographic content;
  8. Send on behalf of Bigshot spam, chain letters, pyramid schemes, or any other unsolicited or unauthorized advertising or promotional materials to anyone including existing customers/designers of Bigshot or users of the Website;
  9. Harass, bully, stalk, harm, defame, disparage, or otherwise cause mental or physical distress or injury to anyone, or engage in any other unlawful or objectionable conduct while using the Website or purchasing any product through the Website;
  10. Use the Website or purchase any product through the Website to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material, data, or information, whether personally identifiable or not, posted by or concerning any other user of the Website;
  11. Violate any of the intellectual property rights or proprietary rights of Bigshot, its licensors, its associates, contracted parties, or any third party while using the Website or purchasing any product through the Website;
  12. Use software or applications such as bots, crawlers, spiders, offline readers, or other automated systems to access or use the Website for illegitimate purposes or for gain or attempt to gain any unauthorized access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt the operation of the Website or any parts thereof. For avoidance of doubt, Bigshot reserves its right to prevent anyone from using such software or applications even if these software or applications are harmless;
  13. Misrepresent or suggest, whether expressly or impliedly, about your association with Bigshot as anything other than a user of the Website or purchaser of Bigshot’s product(s);
  14. Transmit any material that contains adware, malware, spyware, software viruses (such as time-bombs, cancel-bots, worms, trojan horses), or any other computer code, files, or programs designed to interfere, disrupt, interrupt, destroy, or limit the functionality of the Website, any computer software or hardware, or telecommunications equipment of Bigshot;
  15. Remove, alter, interfere with, or circumvent any digital rights management mechanism, device, or other content protection or access control measure (including, without limitation, geo-IT filtering and/or encryption) associated with the Website or any Website features.

10. Hyperlinks:

  1. Subject to these Terms, Bigshot hereby grants you a revocable and non-exclusive right to create a hyperlink to the Home Page of the Website.
  2. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bigshot, and Bigshot is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to the terms of use or privacy policy of the Linked Site. It is clarified that mentioning of Linked Sites on the Website does not imply (i) endorsement by Bigshot of the Linked Sites or (ii) any association with its operators, unless expressly specified.

11. Waiver:

  1. If you breach the Terms or any policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms or any policy.
  2. Bigshot shall not be deemed hereby to have given any authorization or deemed to have waived any rights or remedies it may have in law or equity or under these Terms or under any policy, unless and only to the extent it does so by a specific writing signed by a duly authorized officer of Bigshot.

12. Indemnity and Release:

  1. You shall, without any limitation, indemnify and hold harmless Bigshot, its subsidiaries, associates, consultants, contracted parties, etc., and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations, or the rights of a third party.
  2. You hereby expressly release Bigshot and/or its associates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions/inactions of Bigshot’s suppliers, fashion designers, vendors, courier companies, or other parties and specifically waive any claims or demands that you may have in this behalf under any statute, contract, or otherwise.

13. Force Majeure:

  1. Neither party will be held liable for any loss or failure to perform any obligation (other than your payment obligation where you are still receiving all or part of any products purchased under these Terms), due to events such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any Governmental act, restrictive orders of any Government, industrial dispute(s), strikes, labor unrest, civil commotion, riots, terrorist attack, war, poor environmental/weather conditions, mechanical breakdown, obstruction of any public or private road/highway, or any circumstances (other than insolvency of the party) beyond any party’s reasonable control (“Force Majeure event”).
  2. The party affected by the Force Majeure event shall, as soon as reasonably possible, send a written notice to the other party of the occurrence of the Force Majeure event. If the Force Majeure event continues for more than 3 (three) months from the date of placement of Purchase Order for any product(s), either party may cancel the Purchase Order immediately by giving the other party a written notice of the termination of the contract.
  3. In case of termination of the contract/Purchase Order due to a Force Majeure event, you further agree to make payment for the product(s) so delivered prior to or during the occurrence of the Force Majeure event, if any.

14. Governing Law and Jurisdiction:

  1. The Terms and any policy shall be governed by and construed in accordance with the laws of the Republic of India.
  2. Any dispute or difference, either in interpretation or otherwise, of any conditions of the Terms hereto shall be referred to the courts in Mumbai, which shall have exclusive jurisdiction.

15. Infringement of Intellectual Properties:

  1. The contents on the Website may also include information provided by Bigshot’s suppliers, fashion designers, vendors, or other parties whose merchandise Bigshot invites you to purchase. Generally, Bigshot tries to verify the information coming from its suppliers, vendors, fashion designers, etc., before publishing it on the Website. However, on certain occasions, Bigshot may have to take such information at face value and publish it without further verification. Thus, if any of the material is found to be incorrect, false, objectionable, or found to have violated any intellectual property rights, the responsibility would be with Bigshot’s suppliers, vendors, fashion designers, etc., who provide Bigshot with information as well as merchandise.
  2. Bigshot respects the intellectual property rights of others and expects its users to do the same. In particular, if you are an intellectual property owner and believe that any content on the Website infringes upon your intellectual property rights, you may submit a notification of the same to bigshot.com or write to us at the address mentioned in the ‘Notice’ clause with the following information in writing:
  1. A physical or digital signature of a person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed.
  2. A legibly scanned copy of the relevant registration certificate obtained from the relevant authority or evidence relating to the claim of your ownership in the intellectual property for which you (the complainant) seek to enforce against the allegedly infringing work(s).
  3. Identification of the intellectual property claimed to have been infringed, or, if multiple intellectual properties/works at a single online site are covered by a single notification, a representative list of such intellectual properties/works at that site.
  4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate the content quickly.
  5. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
  6. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney at law.

16. Notices and Communication:

  1. Any notice to Bigshot under this Agreement may be delivered by prepaid post to the following address: Bigshot Fashions Private Limited, 702, ‘B’ Wing, Naman Midtown, Senapati Bapat Marg, Prabhadevi, Mumbai 400 013. Email: bigshot.com.
  2. Bigshot shall send notices to you electronically to the email address provided by you or may send a physical notice either by recognized courier service or prepaid post to the address provided by you. For avoidance of doubt, it is clarified that sending of notice by Bigshot either by email or prepaid post/courier service shall be deemed to be valid and effective service of notice by Bigshot.
  3. Without prejudice to the above, you will be required to provide a valid phone number while placing an order with us. Bigshot may communicate with you either by email, short message services (SMS), phone calls, or by posting notices on the Website or by any other mode of communication to fulfill your Order. Thus, for contractual purposes, you consent to receive communications including SMS, email, or phone calls from us with respect to your Order or any offers or promotions.

17. Miscellaneous:

  1. Bigshot requests you to abstain from referring Bigshot to your friends or relatives who do not wish to purchase our products.
  2. Bigshot requests you to abstain from providing wrong, invalid, or fictitious email addresses and thereby causing Bigshot to send invitations to wrong recipients. You agree to indemnify Bigshot without limitation for any harassment claim made against Bigshot due to such wrong, invalid, or fictitious email addresses provided by you.
  3. In addition to the Terms and various policies, Bigshot reserves the right to set out separate terms and conditions for any Gift Vouchers, offers, or discounts offered by Bigshot on any of its products.
  4. In case of a conflict in the Terms, the decision of Bigshot shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.
  5. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at his/her/their own discretion and risk, and they will be solely responsible for any damage to their computer resource or loss of data that results from the download of such material and/or data.
  6. In case of any grievances with respect to (i) the Website or any contents of the Website, please contact us by sending an email to bigshot.com; or (ii) products purchased on the Website, please contact us by sending an email to bigshot.com.