Terms of service

PREAMBLE:

These Terms and Conditions (hereinafter referred to as the “Terms”) constitute a legally binding agreement between Art By Sehgal Fashion India LLP (operating under the trade name “Codebrwn”, hereinafter referred to as the “Company”, “We”, “Us”, or “Our”) and any individual or legal entity accessing, browsing, or utilizing the platform located at codebrwn.com (the “Website”) or executing a transaction for the purchase of merchandise offered thereon.

This policy is formulated and maintained in strict compliance with all applicable Indian laws, including but not limited to the Indian Contract Act, 1872; the Consumer Protection Act, 2019; the Consumer Protection (E-Commerce) Rules, 2020; the Information Technology Act, 2000; the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; the Designs Act, 2000; the Copyright Act, 1957; and the Digital Personal Data Protection Act, 2023.

By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree with any part of these Terms, please immediately discontinue use of the Website.

1. DEFINITIONS AND INTERPRETATION:

1.1 Definitions

Except where the context otherwise requires, the following terms shall bear the meanings assigned below:

• “User” or “Customer” shall mean any individual or legal entity who accesses the Website, creates an account, places an order, interacts with support, or otherwise uses the services of the Company.
  
• “Products” or “Goods” shall mean all fashion and lifestyle merchandise, including but not limited to shirts, t-shirts, jackets, hoodies, jerseys, kurtas, dresses, crop tops, and accessories (such as caps, bucket hats, and socks) displayed and sold via the Website.
  
• “Promo Code” or “Credit Note” shall mean a non-transferable, single-use alphanumeric code issued to a User in lieu of a refund, redeemable against future purchases on the Website.
  
• “Misuse” shall mean any activity by the User that violates the Acceptable Use Policy under Clause 4, including hacking, data scraping, content extraction, or infringement of intellectual property.
  
• “Grievance Officer” shall mean the official appointed by the Company to address user complaints and coordinate dispute resolutions in compliance with applicable law.
  

2. ELIGIBILITY TO CONTRACT:

By accessing the Website or placing an order, the User represents and warrants that they are at least the age of majority in their state or province of residence and are legally competent to contract under Section 11 of the Indian Contract Act, 1872. In compliance with the Digital Personal Data Protection Act, 2023, the Company does not knowingly collect personal data from or enter into contracts with minors without verifiable parental or guardian consent. We reserve the right to immediately terminate access or cancel orders if it is discovered that a User is legally ineligible to contract.

3. ADVANCED INTELLECTUAL PROPERTY & ARTWORK PROTECTION:

All content included on this Website and featured on Codebrwn products—including but not limited to textile designs, print-making graphics, original retro-surrealist paintings, patterns, silhouettes, garment configurations, logos, photography, trademarks, text, and audio-visual clips—is the exclusive worldwide property of Art By Sehgal Fashion India LLP and its affiliated artists. These intellectual assets are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and the Designs Act, 2000.

3.1 Statutory IP Registration Notice

All Products manufactured, displayed, and sold under the Codebrwn brand are proprietary works and are strictly registered under Intellectual Property Rights (IPR) laws, holding statutory Design Registrations under the Designs Act, 2000 and Copyright Registrations under the Copyright Act, 1957. Any duplication of the visual art, textile prints, or physical garment silhouettes constitutes an direct infringement of registered statutory rights.

3.2 Wearable Art & Non-Transferability of Rights

Our garments are intentionally designed and manufactured as wearable art. The purchase of any garment constitutes solely a limited, personal right to own and wear the physical apparel item. The purchase does not transfer any copyright, design right, reproduction right, or commercial licensing right to the buyer or any third party.

3.3 Strict Prohibitions on Duplication and Derivative Works

Users and third parties are strictly prohibited from:

• Reproducing, copying, duplicating, counterfeiting, selling, or exploiting any portion of the product designs, garment structures, or underlying artwork.
  
• Digitally tracing, scanning, photographing, or high-definition rendering the graphics and patterns of the physical garments or Website images to create digital replicas or derivative physical prints.
• Utilizing any Codebrwn designs, graphics, or assets for commercial gain, secondary printing, independent textile manufacturing, or inclusion in digital media without the express, prior written consent of the LLP.
• Scraping, mining, or extracting any images or visual assets from the Website for the purpose of training Artificial Intelligence (AI), generative art networks, or machine learning algorithms.

Any unauthorized use, reproduction, or creation of derivative works based on the LLP’s intellectual property constitutes a material breach of these Terms and will be met with immediate and strict legal action, including civil and criminal prosecution.

3.4 Artistic Methodology and Caveat Emptor:

The Customer hereby expressly acknowledges and agrees that the artistic works, textile patterns, and graphics emblazoned upon the Products are unique mixed-media compositions, which may utilize digital compositing, mixed-medium workflows, and digitally assisted generation at the creative discretion of the LLP. All Goods are sold strictly on an "as-is" and "where-is" basis regarding their artistic composition. By completing a purchase, the Customer explicitly accepts the aesthetic, technical, and creative methodology of the Company. The Company disclaims any and all liability, claims, or actions arising from subjective aesthetic evaluations, third-party interpretations, or disputes regarding the precise technical origin or definition of originality of the registered designs.

4. WEBSITE USE RESTRICTIONS :

4.1 Anti-Disparagement

By accessing the Website or purchasing a Product, the User agrees not to engage in any conduct, or publish any statements (whether oral, written, or digital, including on social media platforms), that disparage, defame, or otherwise harm the reputation, goodwill, or commercial interests of Codebrwn, Art By Sehgal Fashion India LLP, its designated partners, or its affiliated artists. The purchase of a Product does not grant the User a license to utilize the Product in any digital media format intended to mount unverified intellectual property allegations, public defamation, or brand disparagement. The Company reserves the right to seek immediate injunctive relief and aggravated damages before the Honourable Courts of Delhi for any such breach.

4.2 Prohibited Platform Activities:

The User agrees to utilize the Website solely for its intended, lawful retail purpose. The User shall not, directly or indirectly:

(a) violate any applicable local, national, or international laws through the platform;

(b) execute data scraping, screen scraping, crawling, spidering, indexation, or deploy any automated software to harvest data or images from the Website without prior written authorization;

(c) disrupt the backend security, digital integrity, or operational functionality of the Website, including the propagation of viruses, malware, trojans, or malicious code;

(d) orchestrate the creation of multiple accounts to circumvent commercial policies, exploit introductory discount offers, or manipulate promotional campaigns; or

(e) publish falsified, malicious, or deceptive reviews, ratings, or feedback designed to distort the transaction metrics of the Brand.

5. PRICING, PAYMENTS, AND ORDER FULFILLMENT:

5.1 Pricing and Currency

All prices displayed upon the Website are denominated in Indian Rupees (INR) and are inclusive of applicable statutory taxes. However, for international shipments, the displayed product price explicitly excludes any applicable customs duties, import fees, or local levies. The assessment and payment of such duties and fees shall remain the sole financial responsibility of the Customer. Prices remain subject to revision at the sole discretion of the Company without prior notice.

5.2 Payment Methods & Security

The Company accepts standard online payment methods through secure, RBI-compliant third-party gateways integrated via Shopify. All transactions are tokenized and encrypted using secure infrastructure, the Company does not store your core financial credentials.

5.3 Cash on Delivery (COD) Policies

Cash on Delivery (COD) services may be made available for eligible PAN-India delivery addresses. The availability of COD is subject to:

• Successful completion of Codebrwn’s automated risk and fraud detection protocols.
  
• Serviceability and validation by our Third-Party Logistics Partners for the specified pin code.
  
• The absolute discretion of Codebrwn. We reserve the right to disable or withdraw COD privileges for accounts with a documented history of repeated delivery refusals, fake orders, or policy violations.
  

5.4 Contract Formation and Cancellation Boundaries

The dispatch of an automated order acknowledgment email does not signify formal acceptance of a commercial offer by the Company. The contract for sale is executed only when the order successfully passes inventory verification and is transferred to our logistics carrier under a unique tracking identifier. Cancellation requests initiated by the Customer are maintainable solely while the order is in the processing phase and has not yet been dispatched. Under no circumstances shall an order be canceled or intercepted once it has been dispatched. For any cancellation queries, Customers must formally correspond via contact@codebrwn.com.

5.5 Stock Availability and Inventory Shortages

The fulfillment of all orders is contingent upon active inventory availability. Due to fluctuating demand, the Company may occasionally experience stock shortages. In the rare event that a merchandise item becomes unavailable subsequent to order confirmation, the Company shall cancel the unfulfillable order and issue a full refund to the original mode of payment. The Customer acknowledges that such refunds may require a period of five (5) to seven (7) business days to reflect upon their bank statement.

6. PROMOTIONS & DISCOUNT CODES:

Promotional codes, introductory offers , and seasonal discount codes are issued subject to the following terms:

• They are valid for a single, individual use per customer account unless explicitly stated otherwise.
  
• Discount codes cannot be combined, stacked, applied retroactively to completed orders, or exchanged for cash.
  
• The Company reserves the right to cancel, modify, or expire promotional events and codes at its sole discretion without prior liability.

7. RETURNS, EXCHANGES, AND STANDARD REFUNDS:

7.1 Exchange and Return Eligibility

The Company facilitates product exchanges strictly within a window of seven (7) days from the verified date of delivery. To satisfy eligibility criteria, all items must be returned in the exact condition as received: unworn, unused, unwashed, unaltered, and enclosed within their original packaging with all statutory tags firmly attached. A valid proof of purchase or payment receipt is a mandatory prerequisite for any exchange or return request.

7.2 Exchange Procedure and Logistics

The Customer must initiate a formal exchange request via the Company’s designated support channels prior to returning any item. Returns dispatched without prior written authorization or a formal exchange request shall be summarily rejected and will not be processed. The Customer shall bear sole financial responsibility for all return shipping fees. In the event the desired size for an exchange is unavailable, the Customer may opt for an alternate product of equivalent value, or alternatively, the Company shall issue a digital store credit. Said store credit shall remain valid for a strict period of six (6) months from the date of issuance.

7.3 Damage Claims and Inspection

The Customer is strictly obligated to inspect the order immediately upon delivery. Any claims pertaining to defective, damaged, or incorrect items must be reported to the Company within twenty-four (24) hours of receipt. The Company shall address valid claims promptly; however, any claims lodged subsequent to the expiry of this twenty-four (24) hour window shall be deemed time-barred and shall not be entertained.

7.4 Refund Processing Protocol

Where a monetary refund is authorized, the processing timelines shall be strictly governed by the Customer's domicile and original mode of payment. For domestic Customers, refunds shall be credited back to the original bank account within two (2) to three (3) working days. For international Customers, refunds executed via PayPal shall reflect within two (2) to three (3) working days, whereas refunds via Credit Card shall require five (5) to seven (7) working days. In the event of undue delay arising from unforeseen exigencies, the Company shall proactively communicate the status via contact@codebrwn.com.

8. LIMITED PERIOD SALE TERMS AND PRE-ORDERS:

All merchandise procured during a promotional sale period, markdown event, or flash sale is sold on an "As-Is, Final Sale" basis and is strictly ineligible for exchange or return. Furthermore, any items purchased under a "pre-order" classification are expressly non-cancellable and non-refundable from the moment the transaction is executed.

9. SHIPPING,DISPATCH, TRANSIT, AND RISK OF LOSS:

9.1 Processing and Dispatch Timelines

Upon formal confirmation of an order, the Company’s fulfillment division shall commence processing within two (2) business days. Orders are processed and dispatched exclusively from Monday through Friday from our central warehouse facility. The Company halts fulfillment operations on public holidays and major festivals, and such days shall be explicitly excluded from any processing timeline calculations.

9.2 Global Complimentary Shipping

The Company currently provides complimentary standard shipping globally, inclusive of domestic deliveries within India. Following successful dispatch, the Customer shall receive a confirmation electronic mail containing a designated tracking identifier to monitor transit progress.

9.3 Transit Liability and Delays

The Company delegates transit responsibilities to independent, trusted logistics couriers to ensure secure delivery. The Customer expressly acknowledges that physical logistics and transit remain outside the direct control of the Company. Consequently, the Company disclaims absolute liability for transit delays arising from unforeseen logistical exigencies, customs clearances, or force majeure events.

9.4 Shipping Support

Any formal queries, concerns, or escalations regarding shipment status must be directed to our designated logistics support channel at support@codebrwn.com.

10. PRIVACY, DATA PROTECTION, AND INDEMNITY:

10.1 Data Processing and Statutory Compliance

All personal data, contact coordinates, shipping addresses, and interaction metrics collected through the platform are managed securely in strict alignment with the Digital Personal Data Protection Act, 2023 and our standalone Privacy Policy.

10.2 General Indemnification

The User agrees to indemnify, defend, and hold harmless Art By Sehgal Fashion India LLP, its designated partners, employees, and artists from any and all claims, liabilities, damages, or costs (including reasonable legal fees) arising from the User's breach of these Terms, misuse of the digital platform, or infringement of the brand's creative intellectual property.

10.3 Frivolous Claims and Extrajudicial Harassment

If a User, or any legal representative acting on their behalf, initiates a frivolous legal notice, intellectual property challenge, or regulatory complaint against the Company that is subsequently found to be without legal merit or instituted in bad faith, the User agrees to fully indemnify the Company for all legal costs, attorney’s fees, and operational damages incurred in defending against such claims. The Company holds valid statutory Design and Copyright registrations, and any challenge to these must follow due statutory process rather than public or extrajudicial harassment.

11. GRIEVANCE REDRESSAL MECHANISM:

In accordance with the Information Technology Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020, any escalations or technical grievances relating to orders, unauthorized platform activity, or billing discrepancies may be submitted to our designated Grievance Redressal mechanism.

• Grievance Officer Contact Email: contact@codebrwn.com
• Turnaround Time: All incoming complaints will be acknowledged within forty-eight (48) business hours and actively resolved within a window of fifteen (15) working days from receipt.
  

12. COMPREHENSIVE DISPUTE RESOLUTION AND ARBITRATION:

12.1 Amicable Dispute Resolution

In the event of any legal controversy, claim, or dispute arising out of or relating to these Terms, commercial transactions, or intellectual property rights, the parties shall first attempt to resolve the matter through good-faith amicable negotiations within a period of thirty (30) days from written notice.

12.2 Binding Arbitration

If an amicable resolution cannot be reached within thirty (30) days, the dispute shall be referred to and finally resolved by binding arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (including any statutory modifications or re-enactments thereof).

• Tribunal Structure: The dispute shall be adjudicated by a Sole Arbitrator appointed exclusively by Art By Sehgal Fashion India LLP.
  
• Seat and Venue: The seat and venue of the arbitration shall be Delhi, India.
  
• Language: The arbitration proceedings shall be conducted entirely in the English language.
  
• Enforceability: The award rendered by the arbitrator shall be final, binding, and enforceable upon both parties.
  

12.3 Exception for Urgent Injunctive Relief

Notwithstanding the agreement to arbitrate detailed in Section 12.2, Art By Sehgal Fashion India LLP explicitly reserves the absolute right to bypass the arbitration process and approach a court of competent jurisdiction to seek immediate injunctive, equitable, or other urgent preventative relief. This exception applies specifically to halt or prevent the unauthorized reproduction, digital duplication, counterfeiting, distribution, or commercial exploitation of its original registered textile art, graphics, brand identity, or designs.

12.4 Governing Law and Jurisdiction

These Terms and Conditions shall be governed by, construed, and enforced in accordance with the substantive laws of India. Subject to the arbitration framework detailed above, and strictly for the enforcement of arbitral awards or seeking emergency injunctive relief, both parties irrevocably submit to the exclusive jurisdiction of the Honourable Courts of Delhi, India.

13. CORPORATE IDENTIFICATION & CONTACT:

For any formal legal notices, clarifications, or corporate inquiries, please reach out to our administration at:

• Legal Entity Name: Art By Sehgal Fashion India LLP
  
• Brand Trade Name: Codebrwn
  
• Limited Liability Partnership Identification Number (LLPIN): ACV-3429
  
• Official Corporate Email: accounts@artbysehgal.com
  
• Registered Office Address: ES250 SDO 109 Chihi Tower, Jalandhar City, Jalandhar - I, Punjab, India, 144001