Terms of service
THIS DOCUMENT IS PUBLISHED IN COMPLIANCE WITH AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO THE INDIAN CONTRACT ACT, 1872; THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER (INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011) AND THE PROVISIONS PERTAINING TO INTERMEDIARIES.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER. THIS DOCUMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE.
Footwin (hereinafter referred to as “Footwin”, “we”, “our” or “us”) is an online brand owned and operated by Bairathi Shoe Company Pvt. Ltd. (“Bairathi”). The domain and website www.footwin.in (the “Site”) are operated by Bairathi Shoe Company Pvt. Ltd. By accessing or using the Site you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree with these Terms, please do not access or use the Site.
You represent and warrant that you are at least thirteen (13) years of age or are visiting the Site under the supervision of a parent or guardian.
1. Scope and Nature of the Site
1.1 The Site is primarily an informational and brand showcase platform for Footwin products. At present the Site does not accept orders or process payments directly. Where purchase links are provided on the Site, such links will redirect you to authorized third-party e-commerce marketplaces (for example, Amazon, Flipkart, Myntra) or other partner platforms (each, a “Marketplace”).
1.2 Any purchase you make after being redirected to a Marketplace will be subject to that Marketplace’s terms, conditions, policies, and privacy practices. Footwin and Bairathi are not responsible for the processing, payment, delivery, returns, refunds or any other transaction-related activity carried out on such Marketplaces. You should carefully review the terms and privacy policy of the relevant Marketplace before completing any purchase.
2. Eligibility & Account
2.1 You must be at least 13 years old to use the Site. If you are under 18, you may use the Site only with the involvement of a parent or guardian.
2.2 If you choose to register or create an account on the Site (where such functionality is made available), you agree to provide accurate and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
3. Ordering, Pricing & Acceptance (Where Applicable)
3.1 Since the Site does not process sales directly, Footwin does not accept orders on the Site. If and when Footwin offers direct ordering functionality in the future, any order placed will be subject to acceptance by Footwin in its sole discretion. Footwin reserves the right to refuse or cancel any order for any reason, including suspected fraud, pricing errors, or unavailability of the product.
3.2 Product prices displayed on the Site are indicative only. Actual prices, taxes, shipping charges and available offers are determined by the Marketplace or the point of sale at the time of purchase.
3.3 In case of any pricing errors on the Site (including but not limited to clerical errors, incorrect information or obvious mistakes), Footwin reserves the right to cancel any order placed in reliance on such erroneous information.
4. Intellectual Property
4.1 All content on the Site including but not limited to trademarks, logos, designs, text, images, graphics,
trade dress and code are the property of Bairathi Shoe Company Pvt. Ltd. or its licensors and are
protected by applicable Indian and international intellectual property laws.
4.2 You are granted a limited, non-exclusive, non-transferable licence to access and use the Site for
personal, non-commercial purposes only. Any other use of the Site content — including copying,
reproduction, modification, republication, uploading, posting, transmitting, or distributing in any way —
is prohibited unless expressly authorised in writing by Footwin.
5. Product Care & Maintenance
To maintain Footwin products in good condition, we suggest the following general care instructions
(subject to product material and specific product care labels):
• Remove excess dirt with a soft cloth; use mild detergent for light cleaning.
• For removable insoles and laces, clean by hand and allow to air dry.
• Do not tumble dry or expose to direct heat sources.
• Follow any product-specific care instructions provided with the item.
6. Prohibited Use
6.1 You agree not to use the Site for any unlawful purpose or to post, transmit or make available any material that is illegal, obscene, defamatory, threatening, invasive of privacy, infringing of intellectual property, or otherwise objectionable.
6.2 You agree not to interfere with or damage the operation of the Site or any servers or networks connected to the Site, or to bypass any measures Footwin may use to prevent or restrict access to the Site.
7. Third-Party Websites & Links
7.1 The Site may contain links to third-party websites, Marketplaces, advertisements, or other resources. These links are provided for convenience and do not imply endorsement by Footwin.
7.2 Footwin is not responsible for the content, policies, practices, or privacy practices of any third-party website, and you access such sites at your own risk. Complaints or disputes relating to third-party products, services, or transactions should be directed to the relevant third party.
8. Returns, Exchanges, Refunds & Cancellations
8.1 As the Site is informational and redirects to Marketplaces, returns, exchanges, refunds and cancellations for purchases made via a Marketplace must be handled through that Marketplace and will be governed by the Marketplace’s policies.
8.2 Where a purchase is made on a Marketplace, you must follow the return/exchange/refund procedure specified by that Marketplace. Footwin will assist only to the extent possible and permitted by the Marketplace, but Footwin does not control and is not responsible for the processing of Marketplace returns/exchanges/refunds.
8.3 If Footwin in future begins to sell directly through the Site, separate return, exchange and refund terms will be published on the Site and will apply to purchases made directly from Footwin.
9. Disclaimer of Warranties & Limitation of Liability
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, CONTENT, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.2 FOOTWIN AND BAIRATHI SHOES COMPANY PVT. LTD. (AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THIRD PARTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 THE TOTAL AGGREGATE LIABILITY OF FOOTWIN FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) FOR THE APPLICABLE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
10. Indemnity
You agree to indemnify, defend and hold harmless Footwin, Bairathi Shoe Company Pvt. Ltd., and their officers, directors, employees, agents and representatives from and against any and all claims, liabilities,losses, damages, costs and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your misuse of the Site; (c) your violation of applicable laws or the rights of a third party; or (d) content you submit to the Site.
11. Suspension & Termination
Footwin reserves the right, at its sole discretion, to suspend, restrict or terminate your access to the Site or any part thereof without notice, for any reason including breach of these Terms, suspected fraudulent activity, or for maintenance or technical reasons.
12. User Content, Reviews & Feedback
12.1 If you post reviews, comments or other content on the Site, you grant Footwin a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, modify, publish, translate, distribute and display such content in any media.
12.2 You represent and warrant that any content you post is your own, does not infringe any third-party rights, and is not illegal or defamatory. Footwin may remove or refuse to post any user content at its discretion.
13. Force Majeure
Footwin will not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay is caused by events beyond Footwin’s reasonable control, including but not limited to natural disasters, strikes, pandemics, government actions, internet failures, or other force majeure events. Footwin will use reasonable efforts to resume performance as soon as practicable.
14. Privacy & Communications / NDNC
14.1 Footwin’s use of personal data is governed by the Footwin Privacy Policy available on the Site. By using the Site you consent to such practices.
14.2 By registering on the Site or providing your contact details, you authorise Footwin to contact you via email, SMS, WhatsApp or phone regarding order updates, promotional offers, product information and other service-related communications. Where applicable, Footwin will offer opt-out mechanisms for marketing communications.14.3 (DND/NDNC) If you have registered yourself with any Do Not Disturb / Do Not Call registry, you may still receive certain service-related communications from Footwin (for example, order confirmations and delivery updates). For promotional communications, Footwin will comply with applicable rules; however, where you have provided consent to receive marketing from Footwin, you authorise such communications.
15. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Jaipur, Rajasthan.
16. Miscellaneous
16.1 No failure or delay by Footwin in exercising any right under these Terms will operate as a waiver of that right.
16.2 If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck out and the remaining provisions will remain in full force and effect.
16.3 These Terms constitute the entire agreement between you and Footwin with respect to the Site and supersede all prior agreements.
17. Contact & Grievance Redressal
For any queries related to these Terms, general site content, or to report abuse, please contact:
Footwin (Bairathi Shoe Company Pvt. Ltd.)
E-324, Road No. 16, VKIA, Jaipur, Rajasthan, India – 302013
Email: info@footwin.in
Phone: +91-9119338570
Website: www.footwin.in