Pilferage & Damage Policy

Pilferage and Damage Policy

We ask that customers handle all products with care. This includes products that are displayed, placed as testers or samplers in the stores. This also includes products that are being processed at the check-out/billing counters. If an item is damaged or broken due to mishandling or negligence by the customer, the customer is liable to bear the full MRP cost of the product.

If there is any instance of suspected pilferage by any customer, it will be reported to the relevant authorities, and such customers may be banned from future visits at all retail stores.

Behaviour towards Store Staff

Our Store Managers are trained to handle any situations involving intimidation or abusive language in a calm and professional manner. Harassment of any kind towards our staff will not be tolerated. We expect all customers to communicate respectfully.

We appreciate that instances can lead to frustration, but we, request that you remain respectful towards our staff. All incidents of intimidation, harassment or disrespect will be documented.

If a customer acts in a demeaning or disrespectful manner towards a member of our staff, the Store Manager will address the behaviour and may ask the customer to leave the store. Our intention is for everyone to remain professional and maintain decorum at all times. All incidents will be documented and reported to senior management for review.

If you experience or witness harassment, please report it to a store manager immediately. Customers engaging in harassment may be asked to leave and could be banned from future visits. Law enforcement may be involved if necessary.

Health and Safety Guidelines

We prioritize the health and safety of our customers and staff. Please adhere to any health guidelines in place during your visit.

Review and Modification of the Policies

BioArt Nutraceuticals Pvt Ltd (https://bioart-life.myshopify.com/) reserves the right, at its sole discretion, to review and modify or replace any of these policies, or change, suspend, cancel or discontinue any of the benefits and/or offers provided by these policies. Unless specified otherwise, any such modifications or replacements shall be effective immediately upon us posting the same thereof.

Representations and Warranties and Limitation of Liability

Our products are presented in our retail outlets on an "as is" basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

BioArt (https://bioart-life.myshopify.com/) products are based on clean ingredients. Though enormous efforts are made and precautions taken to render the products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. Please make yourself aware of the ingredients and usage instructions accompanying each of our products to make sure that they are safe for you to use. It will be your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of ou personal care products that you may be allergic to. You agree that BioArt Nutraceuticals Pvt Ltd ((https://bioart-life.myshopify.com/) ) will not be responsible or liable for any product related issues including without limitation any allergic reactions to you on account of usage of our products. For any purchases made at any of our retail outlets, you will inter alia be governed by the limitation of liability and disclaimer conditions provided in more detail with the product packaging/leaflets.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the products purchased by you or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Rs. 1000/- (Rupees one thousand only).

Disputes

With respect to any dispute regarding the products purchased by you, all rights and obligations and all actions contemplated by these policies shall be governed by the laws of India, United Arab Emirates and United States of America.

A. India
Amicable Resolution
If any disputes or claims arise in India under or out of or in connection with the execution, interpretation, performance, or non-performance of this Policy, or in respect of its scope, validity, application, or subject matter ("Dispute"), the Parties shall attempt to amicably resolve the same through good-faith discussions between their authorized representatives.

Arbitration (India)
If the Dispute is not resolved within 30 (thirty) days of such discussions, it shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of three (3) arbitrators, with one appointed by each Party and the third appointed by the two appointed arbitrators. The seat and venue of arbitration shall be Hyderabad, India, and the language shall be English. The award shall be final and binding, and to the extent permitted by law, the Parties waive their right of appeal.

B. United Arab Emirates (UAE)
Amicable Resolution
Disputes arising in the UAE shall first be attempted to be resolved amicably between the Parties in good faith.

Arbitration (UAE)
Failing such resolution, the dispute shall be finally resolved by arbitration under the Dubai International Arbitration Centre (DIAC) Rules, which are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three (3). Each Party shall appoint one arbitrator, and the two arbitrators shall jointly appoint the third. The seat of arbitration shall be Dubai, UAE, and the language shall be English. The arbitral award shall be final and binding.

C. United States of America (USA)
Amicable Resolution
If any disputes arise in the United States under this Policy, the Parties shall engage in good-faith efforts to resolve the matter amicably.

Arbitration (USA)
If not resolved, such disputes shall be finally resolved through arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The tribunal shall comprise three (3) arbitrators, one appointed by each Party, and the third appointed by the two appointed arbitrators. The seat of arbitration shall be [Insert City/State – e.g., New York or Delaware], and the language shall be English. The award shall be binding and non-appealable to the fullest extent permitted by law.

General Arbitration Cooperation Clause
Each Party to any arbitration shall cooperate with the other(s) in making full disclosure and providing complete access to all relevant information and documents, subject to applicable confidentiality obligations or legal privileges.

Your feedback is invaluable to us; please feel free to share any concerns or suggestions with our management team or write to us at customer.care@bioartnutra.com