Terms & Conditions

[Important notice: Please read carefully before buying products from this website.]

[By clicking on the “purchase” button on our page, you agree to these terms which will bind you. If you do not agree to these terms, we shall not sell Products to you and you must discontinue the purchasing process now.]

This is a legal agreement between you (“Customer” or “you”) and Beyond Physique (OPC) Pvt. Ltd (“Company” or “we”) for your purchase of Company products (“Products“).

1. Application: These terms and conditions (the “Terms and Conditions”) shall apply to the sale and purchase of the Products.

2. Definitions and Interpretation: In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:

“Agreement” shall mean these Terms and Conditions.

“Business Day” shall mean a day other than a public holiday in India, when banks in India are open for business.

“Company” shall mean Beyond Physique (OPC) Pvt. Ltd.

“Customer” shall mean the person or firm who purchases the Products from Company and is at least 18 years old and has placed an Order in accordance with the payment terms set out in these Terms and Conditions.

“Customer Data” shall mean the data provided by the Customer for the purpose of purchasing the Products.

“Data Protection Legislation” shall mean any legislation in force and as amended from time to time relating to privacy and/or the processing of personal data under the laws of India.

“Website” shall mean the websites, apps or other services managed and utilized by the Company to sell the Products.

For the avoidance of doubt, a reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

3. Basis of these Terms and Conditions:

These Terms and Conditions shall be applicable to the Customer once: (a) you submit an order to purchase the Products on the Website (“Order”); (b) you have agreed to these Terms and Conditions; and/or (c) the Company or its designated third party payment gateway provider (whichever is the earlier) receives a legitimate payment into its designated bank account.

By submitting an Order, you are making an offer to purchase the Products. If you have not received your Order confirmation email within seventy-two (72) hours after submitting your Order and making the payment, please contact the Company by sending an email to support@beyondphysique.co.in (“Order Confirmation”). The Customer is hereby notified that no Order will have been reserved for you until you are sent your Order Confirmation. In the event, the Order Confirmation is not received by the Customer within seventy-two (72) hours, please note that your Order has not been confirmed and the payment shall be refunded to your account in the same manner as it was received.

The Customer is mandatorily required to provide the Company with:

• contact details (email and phone number);
• delivery address; and
• billing information.

All Orders are subject to availability and confirmation of the order price. The Company reserves all its rights to refuse or cancel an Order e.g. if we notice something unusual on an Order and/or if the Customer fails to provide the Company with complete or correct details for the delivery of the Order.

4. Delivery of Products: The Company shall use reasonable endeavors to deliver the Products to the Customer in accordance with these Terms and Conditions in all material respects. The Company shall use reasonable endeavors to meet any delivery dates, but any such dates shall be anticipated dates only and may be subject to alteration at the sole discretion of the Company.

The Company reserves the right to amend this Agreement, if necessary, to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Products, and Company shall notify the Customer in any such event.

The Customer shall be given various delivery options to choose from with estimated delivery time and dates depending on the delivery address on the Order checkout gateway on the website. If you have any questions, please let us know within thirty (30) days of the date which your Order should have been delivered.

5. Charges and Payment: A breakdown of the total cost, additional charges and GST will be clearly shown during the checkout process and included in the ‘Total Cost’ payable by the Customer are set out in the Order checkout gateway (the “Total Cost“). The Company reserves the right to make changes to the amount of prices of the Products. Customers are advised that there may be other costs associated with the purchase of the Products which are payable by the Customer. Details of the Total Cost payable for a Product can be found at the order checkout gateway.

Customer will be invoiced for the Products on the invoice which shall be payable. Prices displayed on the Website are inclusive of GST (where applicable) and will be displayed at the order checkout gateway. Please note that the value of your order may change basis the delivery option, address you choose and delivery costs.

Payment must be made in INR (Indian Rupees) or any other applicable currency offered on the payment platform on the Company’s website (“Payment Platform”). Payments should be made to the Company using the Payment Platform which may offer a number of payment options including (i) credit card or debit card or net banking; (ii) UPI; (iii) any other RBI approved payment method at the time of placing an Order; or (iv) credit or debit card or cash at the time of delivery. Details of how to access the Payment Platform are provided on the Website.

When payment has been made through the Payment Platform, funds will always be applied to any applicable processing Total Cost and/or surcharges in the first instance with remaining funds then being applied to the relevant Total Cost outstanding on the Customer account. Any shortfall will be shown against the Customer’s account so that the Company receives the payment in full. Credit and debit card charges may, to the extent permitted by law, be applied. Bank transfers can be made in INR or any other applicable currency offered on the Payment Platform. When the payer selects their chosen payment method and currency on Payment Platform, the applicable exchange rate that the payer will be charged will be provided. The Company will guarantee this rate for five (5) Business days. After five (5) Business days the payer will be charged at the exchange rate applicable on the date on which the actual transfer was made. If this results in a shortfall of Total Cost paid to the Company, these will be shown against the Customer’s account so that the Company receives the payment in full.

6. Return, Refund and Cancellation: Products may only be cancelled by the Customer in accordance with the Return, Refund and Cancellation Policy. A copy of the Return, Refund and Cancellation Policy is available on the Website for your reference.

7. Intellectual Property Rights: All intellectual property rights in or arising out of or in connection with the Products or the Website shall be owned by Company. No reproductions, scans or copies (wholly or in part) shall be made of the Products without the prior written consent of Company. Any such breach of this Clause 7 shall amount to immediate termination of the delivery, Order and the Company reserves all the rights to recover the costs, damages, attorney costs and interests. You are allowed to store, print and display our Website content only for your personal use. You are not allowed to use any part of the Website for commercial purposes unless you have our express written permission.

8. Customer Obligations: The Customer hereby irrevocably and unconditionally agrees to not misuse or tamper with our Websites by way of hacking or other technologically harmful material or carry out denial of service attacks etc. or otherwise harms our data servers, Websites or other technologies or steal or attempt to steal our Customer Data.

The Company reserves the right to report any such breach or activity by the Customers or any third parties to the relevant law enforcement authorities.

9. Customer Data: As between the parties, the Customer shall own all right, title and interest in and to all of the Customer Data. The Customer grants Company an irrevocable, unlimited and royalty-free license to use the Customer Data provided to Company. Each party warrants that for the purposes of this Agreement it shall comply with the provisions of the Data Protection Legislation and the Data Privacy Policy of the Company.

The Customer also hereby agrees that the Company may use your social media content (the “Content”) on its Website and/or on any of the Company’s social media platforms (including but not limited to Instagram, Facebook and Twitter). The Company reserves the right to edit, crop, adapt, enhance or modify the Content. In the event the Customer requests the Company to remove the Content, we will remove the Content from the social media accounts that we control.

10. Limitation of Liability: Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for death or personal injury caused by negligence; and fraud or fraudulent misrepresentation. Company shall not be liable whether for contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and Company’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Agreement shall be limited to the Total Cost paid for the Products. This Clause 10 shall survive the termination of this Agreement.

11. Confidentiality: Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. Each party shall hold the other’s confidential information in confidence and not make the other’s confidential information available to any third party or use the other’s confidential information for any purpose other than the implementation of the Agreement.

12. Termination: Without affecting any other right or remedy available to it, the Company may terminate this Agreement with immediate effect by giving written notice to the Customer if the Customer fails to provide any information that the Company deems necessary for the delivery of the Order or if the Customer’s Order is deemed unusual or suspicious by the Company in its sole discretion.

13. Consequences of Termination: On termination of the Agreement any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination of the Agreement shall remain in full force and effect. Termination of this Agreement shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.

14. Force Majeure: Company shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control.

15. Assignment and Subcontracting: Company may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Agreement.

16. No Partnership or Agency: Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other.

17. Notices: Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address set out in the Agreement, or such other address as may have been notified by that party for such purposes.

18. Governing Law: The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of India.

19. Jurisdiction: Each party irrevocably agrees that the courts of the Hyderabad, India shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).