Last updated on 30th September 2020
3. Privacy and Protection of Data or Information
“Account” shall mean a profile created by a User on the Website;
“Authorised Dealer” shall mean any distributor, dealer or other agent who is authorized by the Company to market, advertise, sell, service, distribute or otherwise offer any Company Product;
“Company Product(s)” shall mean paints, waterproofing and water resistant products and coatings, hand sanitizers, disinfectants, home hygiene chemical products and all tools, consumables, accessories and ancillaries that is available for preview and purchase on this Website (with the option of customization available to the User) by the Company;
“Company Services” shall mean the “Berger Express Painting” services provided by the Company through an Express Painting Customer Executive, including the following:
- Site measurement – includes measurement of paintable area using laser distance meter technology;
- Product consultancy – includes suggestion on Company Products and the painting systems to be used;
- Site health inspection – includes scientific evaluation of walls using moisture meter to measure the dampness level of the wall, and based on the dampness/ moisture content, suggestion on the right Company Product for waterproofing treatment;
- Budget estimation – based on above criteria, includes helping the User with an estimate of budget to be considered for painting and/or waterproofing; and
Trained contractor – includes introduction by the Company of a contractor to the User.
“Content” shall include, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on the Website, including in relation to the Company Products and/ or the Company Services;
“Express Painting Customer Executive” shall mean the Company representative appointed for the purpose of providing Company Services;
5. Account and Registration Data
Any amendment or rectification of your Registration Data in the Account can be done by accessing the “User Account” section on the Website. You may delete your Account at any time. We may maintain backup of all Registration Data for such time as may be required under applicable laws. You are solely responsible for maintaining the confidentiality of your Account and password and for any activity that occurs in or through your Account. We will not be liable to you or any person for any loss or damage which may arise as a result of any failure by you to protect your password or Account. You should take all necessary steps to ensure that the password for your “User Account” is kept confidential and secure. You will immediately notify the Company of any unauthorised use/ breach of password or the Account at email@example.com.
6. Representation and warranties
Unless you have been specifically permitted to do so in a separate written agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Company Products and/ or Company Services and/or the Services for any purpose. If you reproduce, duplicate, copy, sell, trade or resell the Company Products and/ or Company Services and/or the Services for any purpose, you will solely liable for such act and the Company may take appropriate legal action against you.
7. Company Product Description
All Company Products listed on the Website are customized as per User requirement. The User has the option of selecting the particular shade of paint required and accordingly the paint is tinted before the Company Product is delivered to the User. To accommodate the tinting, the paint is diluted as per the specified dilution ratio, for which some gap is provided in the concerned paint bucket. The User should not consider this as a delivery of lesser quantity of the Company Product. The quantity shall be measured in litres for paints so ordered by the User. For clarity of the Users, since the paint buckets are customized as per User requirement, the paint buckets are unsealed at the time of delivery, there may be paint marks on the bucket and such buckets may not appear full. However, the same shall not be considered to be a defect in the Company Product so supplied.
We have made every effort to display as accurately as possible the actual characteristics, access and usage conditions of the Company Products and the description of the Company Product including the colour and the price on the Website. We do not warrant that the Company Product description and other Content on the Website is accurate or error-free. The actual colour of the Company Product you view on the Website may vary depending on your monitor/ screen of the device you are using and we cannot guarantee that it will reflect the colour of the Company Product you receive upon delivery or during the usage of the Company Product. Accordingly, the packaging of the Company Product may also vary from the packaging of the Company Product displayed on the Website. The Company does not provide any certification, guarantee or warranty in relation to the Company Products, except any standard warranty certificate that may be issued by the Company in relation to certain Company Products. It is clarified that for such specific Company Products in relation to which the Company issues a standard warranty certificate, the extent of the warranty shall be strictly limited to the terms of the standard warranty certificate and no other implied or express warranties are deemed to be conferred by the Company. The Company shall not be liable or responsible to the User for any indirect or consequential loss or damage. By accessing, browsing and using this Website/s, you agree and acknowledge that you understand this limited and restricted use, and agree that you will not rely on the information and materials contained in this Website for any purposes except as is specifically intended. You further agree that in all actual matters, you are ultimately responsible for determining your specific requirements.
8. Company Services Description
Once the order has been placed by a User for a Company Service in accordance with Clause 9 (Price and Orders), the Company shall appoint an Express Painting Customer Executive to visit the address provided by the User at the time of placing of the order. The User shall be required to download the [‘Express Painting’]application (“App”) from the Google Play Store or the App Store, as may be applicable, upon being prompted by the Company through an email or SMS. The User shall be required to follow the steps in the App and accordingly select a date and time convenient for the User to schedule the visit of the Express Painting Customer Executive at the address provided by the User, subject to the availability of the Express Painting Customer Executive. Upon confirmation of data and time, a one-time password (“OTP”) shall be shared with the User. The Company Service shall be made available in the presence of the User once the OTP has been shared by the User with the Express Painting Customer Executive.
While Express Painting Customer Executive will make all reasonable efforts to do a site health inspection and inspect issues in relation to the quality of the wall, brickwork, moisture presence, pollutants, salt petre etc. as part of the Company Services, the User shall be responsible to carry out an independent assessment, since all the aspects may not be visible or apparent at the time of inspection by the Express Painting Customer Executive. The Company Service does not include any masonry or plumbing related services. For abundant clarity it is provided that the Company Services do not include any painting services. The Company, as part of the Company Services shall be responsible solely for the introduction of an independent contractor to the User who shall provide painting services on their independent assessment. The Company shall not be responsible for any painting related or other arrangement between such contractor and the User, including, but not limited to covering furniture and taping parts which are liable to get affected; scraping of walls; mixing of putty and textured coatings, if required; application of paints; providing desired finish; and post painting clean-up. The Company and the Express Painting Customer Executive shall not be liable for any loss suffered by a User due to the actions or omissions of any contractor.
9. Price and Orders
For each Company Product and/ or Company Service, we provide the total price in a single figure with the break-up of the price, including all compulsory and voluntary charges such delivery charges, postage and handling charges, conveyance charges and applicable tax.
The Company cannot confirm the total price of the Company Product or the estimated price of the Company Service until you place an order on the Website. Notwithstanding anything contained in Clause 11 (Cancellations, Return and Refund) below, if a Company Product and/ or Company Service is listed at an incorrect price or with incorrect information due to any technical error, the Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Company Product and/ or Company Service, unless the Company Product and/ or Company Servicehas already been delivered to you. The Company reserves the right to cancel an order for any Company Product and/ or Company Service which has been incorrectly priced on the Website due to any inadvertent error, without incurring any liability. In the event that the Company accepts your order and a payment has been made by you subsequent to the order, the same shall be reversed to the Payment Method adopted by you and it will be duly notified to you by email that the payment has been processed.
Prices and availability of the Company Products and Company Services provided or offered on the Website are subject to change without prior notice and at the sole discretion of the Company.
All Company Products and Company Services are subject to availability. The Company reserves the right to cancel and refund the amount for all or a part of an order which is out of stock, without prior intimation to the User. The Company shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery. We reserve the right to limit the quantity of Company Products and also to deliver only part of an order or divide up orders for delivery in multiple parts. Payments in relation to a cancelled order shall be reversed to the Payment Method adopted by you. Refund can take 7-14 working days to reflect in the bank account of the User. Any User who wishes to purchase any Company Product from the Website can do so:
- by selecting the Company Product and adding the Company Product to the shopping cart; or
- by customising any Company Product, that is expressly stated as customisable on the Website and adding the Company Product to the shopping cart.
Upon placing of an order on the Website, the Company will share an email with the User containing confirmation of receipt of and the details of the order placed ("Order Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgement that we have received your order, and does not confirm any acceptance of your offer to buy the Company Products/ avail the Company Service ordered. For the purpose of a Company Product, we only accept your offer, and conclude the contract of sale for a Company Product ordered by you, when the Company Product is dispatched to you and an e-mail confirmation is sent to you that the Company Product has been dispatched to you. For the purpose of a Company Service, we only accept your offer, and conclude the contract for service when the Express Painting Customer Executive has visited the address provided by the User and an OTP has been shared by the User with the Express Painting Customer Executive.
An order for the Company Service can be placed by selecting the Company Service and adding such Company Service to the shopping cart.
10. Shipping and delivery of the Company Products
Shipping and delivery timelines: We shall endeavour to ship the ordered Company Products at the shipping address provided by the User in the Registration Data or at the time of placing an order of the Company Products / avail the Company Service, within 48 (forty eight) hours of placing the order. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, which may vary from 2 – 15 days. The e-mail confirmation sent to the Users at the time of dispatch shall contain the details of the tracking number and the authorised dealer/ logistics partner that is processing your order. We are unable to redirect orders once items have been dispatched. After your order is shipped, you will receive a confirmation email from us at your registered email address. You will be informed by email if we are unable to complete your order or if the shipping is delayed for any reason.
The Express Painting Customer Executive shall endeavour to reach out to the User within 48 (forty eight) hours of placing of an order for a Company Service on the Website through an email or SMS for downloading and setting up the App.
Shipping charges: Any shipping charges and other local charges displayed at the checkout page of the order shall be borne by the User placing the order.
Delivery method and verification: Delivery of the Company Product(s) shall be made by our Authorised Dealer or a third party logistics partner of the Company. The Company shall not be liable for any delay in delivery or loss caused by any third party logistics partner/ Authorised Dealer during shipping and delivery of the Company Product. Any grievances on this aspect should be addressed solely to the concerned third party logistics partner/ Authorised Dealer. The third party logistics partner/ Authorised Dealer appointed by the Company from time to time is a third party and is not related to the Company in any manner. We are, therefore, unable to provide any warranty on the shipping of the Company Products by such third party logistics partner/ Authorised Dealer.
Delivery terms and verification: We may ship your order through our Authorised Dealer or a third party logistics partner engaged by the Company.
All orders shipped by our Authorised Dealer require an OTP verification upon delivery of an order, which is shared with the User on the registered mobile number provided at the time of creation of User Account. OTP verification of delivery by the User shall be considered to be conclusive proof of the delivery of the Company Product by an Authorised Dealer. A User should check the Company Product before sharing the OTP with the delivery person. Upon OTP confirmation, no subsequent claims in relation to defect in quantity or quality of the Company Product shall be entertained by the Company.
Specific terms and conditions of the third party logistics partner may be applicable to the delivery of the Company Products to the User. The User shall be bound by such terms and conditions, as may be applicable. All deliveries undertaken by the third party logistics partner will be considered to be complete upon a confirmation of such delivery by the third party logistics partner in our system.
Delivery limitation: The Company Products are delivered at the doorstep of the address provided at the time of placing of an order. All deliveries to addresses located beyond 1st floor (where elevators are not available) in any building will have to be arranged by the User by transport from the ground floor of the building to the delivery address. It is clarified that the Authorised Dealer/ logistics partner shall not be liable for ensuring delivery to the specified address if such address is unserviceable. The User is expected to extend all appropriate support in coordinating with the delivery person of such Authorised Dealer/ logistics partner.
11. Cancellation, Return and Refund
Once the Company Product has been ordered, a User shall not be allowed to cancel, change or modify the placed order. No orders shall be subject to any returns or exchange except in the following cases:
i. Missing or erroneous delivery of Company Products;
ii. Non-tinted Company Products like putty, primer etc, at the sole discretion of the Company;
iii. Manufacturing defect in the Company Product, on a case to case basis, where the decision taken by the Company shall be final; or
All requests for replacement of Company Products should be made within 3 (three) days of receipt of the Company Product by such User. When a request for return or replacement of the Company Product has been accepted by the Company, you shall be responsible for arranging for the delivered Company Product to be returned on the address notified to you. Replacement for Company Products will be at our discretion and will be subject to availability of Company Products. We reserve the right to provide a cash refund instead of replacement, if we so choose. All accepted requests of refunds shall be processed within a reasonable period of time, or as prescribed under applicable law.
Once the User has ordered any Company Service, then the same shall not be allowed to be cancelled, terminated or modified. All cancellation of an order of a Company Service shall be non-refundable.
All Users who place orders on the Website will be required to pay the full price of the Company Product and/ or the Company Services for us to process the order. We do not have any option for cash on delivery of the Company Products and/ or the Company Services . All payments on the Website are securely processed through various payment methods including Credit Cards, Debit Cards, Net Banking, Wallets, UPI, e-Gift cards, and reward points (“Payment Method”). All major Credit and Debit Cards including Visa, MasterCard and American Express are accepted on the Website. The Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization of any transaction on the Payment Method.
13. Intellectual Property Rights
All intellectual property rights in this Website, the designs, graphics, artistic works, brands, Content, applications, software, underlying source code and all other aspects of this Website belong to us solely and exclusively, unless specifically mentioned otherwise.
All Content included on the Website, such as text, graphics, logos, button icons, images, artistic works, graphical user interface of the Website, diagrams, drawings, audio-visual recordings, digital downloads, data compilations, and software including the source and the object code, is the property of the Company or its content suppliers and is protected by the applicable intellectual property laws.
The (i) trademark ‘Berger’ and its logo, (ii) trademark ‘Lewis Berger’ and its logo, and (iii) other trademarks marks and logos on the Website and the Company Products and/ or the Company Services are owned by and/or licensed to the Company.
(c) Intellectual Property Claims
While the Company or its content suppliers strive to ensure all Contents posted are credible, based on facts and do not infringe on other people’s intellectual property rights, there may be an occasion when Content is provided by other parties, and/or may include material that infringes on the copyright a third party. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at firstname.lastname@example.org with your concerns requesting such content to be removed or access to it be blocked and we will try to address your concerns.
No part of this Website including any Content either in whole or in parts, may be reproduced, adapted, distributed, communicated to the public, modified or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission.
14. Use limitations
(a) publishing any Website material or Content in any media;
(b) selling, sublicensing and/or otherwise commercializing any Website material, Content or the Company Product and/ or the Company Services ;
(c) publicly performing and/or showing any Website material or Content;
(d) using this Website in any way that is, or may be, cause damage, disruption, overburden or otherwise impair the functioning of the Website;
(e) using this Website in any way that impacts user access to this Website;
(f) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
(g) using this Website to engage in any advertising or marketing, except as authorized by the Company in writing to select third parties;
(h) "deep-linking", "page-scraping", use of "robots", "web-spiders", “web-crawlers” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its materials and Content or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents, Content or information through any means not purposely made available through the Website; and
(i) gain or attempt to gain unauthorized access to the Website or any part thereof, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
15. License to the Contents of the Website
16. Limitation of Liability
We take no responsibility for any loss or damage suffered as a result of our Services or Company Products and/ or the Company Services supplied through the Website, except as specifically provided under applicable law, even if we could have foreseen the loss, or the possibility of it was brought to our attention. Any Company Product and/ or the Company Services you order from our Website is completely at your discretion and you accept that you place the order only after thoroughly inquiring about the Company Product and/ or the Company Service and being completely acquainted about the Company Product and/ or the Company Service , its features, characteristics, usage etc. We are not liable for any kind of damages or losses whatsoever suffered by any User due to the use or purchase of the Company Product and/ or the Company Service.
All information and related content on this Website are provided on an "as is" basis without warranty of any kind. To the maximum extent permitted by applicable law, in no event shall the Company be liable to you for any direct, special, incidental, indirect, punitive or consequential damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) arising out of the use of, or inability to use or access the Website, or for any security breach or any virus, bug, unauthorized intervention, defect, or technical malfunctioning of the Website, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out, of or in connection with, your use of, or access to, the Website or the Content. Further, the Company shall not be liable to you for any temporary disablement, permanent discontinuance or modification of the Website by the Company or for any consequences resulting from such actions.
In no event shall the Company and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever (including, without limitation, damages for loss of use, loss of business profits, business interruption, loss of information, or any other pecuniary loss) for or in relation to: (a) loss of use, data or profits arising out of or in any way connected with the use or performance of Website; (b) any delay or inability to use the Website; (c) the provision of or failure to provide any information or Company Products or Company Services or Services obtained through the Website; (d) or otherwise relating to the use of the Website or the Company Products/ Company Services/ Services; whether or not all of the above losses, claims or damages are based on contract, tort, negligence, strict liability, even if the Company and/or its affiliates and/or its associates have been advised of the possibility of such losses, claims or damages.
17. Termination (Temporary and Permanent Disablement)
18. Governing Law, Settlement of Disputes and Jurisdiction
20. Links to Third Party Websites
This Website, the Contents and/ or any Services under this Website are accessed via the World Wide Web, which is independent of the Website. Your use of the World Wide Web is solely at your own risk and subject to all applicable laws and regulations. We have no responsibility for any information or service obtained by you on the World Wide Web.
21. Force Majeure
The Company shall be under no liability whatsoever in the event of non-availability of the Company Product or the Company Services or the Services or the Account or any portion of the Website occasioned by a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, medical emergency, pandemic, public health emergency, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
22. Entire agreement
24. No waiver for breaches
25. Complaints and Grievance Redressal
Mr. Sanjay Bhowmick (Grievance Officer)
Designation: Executive (Retail)
Fax: +91 33 2249 9009 / 9729
Landline: +91 33 2229 9724 / 2229 6005 / 06 / 1
26. Contact information and customer care
For any queries on the use of the Services, or regarding our Company Products and/or the Company Services please get in touch by filling in the form on the “Contact Us” page or alternatively email us at email@example.com or call us on 1800-103-6030 or fax us on +91 33 2249 9009 / 9729 on Monday to Friday between 9am to 5.30pm.