Terms of Service
Welcome to the Tearbird Lifestyle Pvt Ltd website (“site” or “website”). This site is operated by Tearbird Lifestyle Pvt Ltd. Throughout the site, the terms “we,” “us,” and “our” refer to Tearbird, with its registered office at C64, Sector 63, Noida, Uttar Pradesh, 201301. By using this website and the services offered, you agree to abide by the following terms, conditions, policies, and notices stated here.
Acceptance of Terms
By accessing our site and/or purchasing products from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms and conditions and policies referenced here or accessible via hyperlink. These Terms apply to all users, including browsers, vendors, customers, merchants, and content contributors. Please review these Terms carefully before using our website. If you do not agree to these terms, you may not access the site or use any services.
Updates to Terms
We may update or modify these Terms of Service at any time by posting changes on our website. Your continued use of the website after such changes constitutes acceptance of the updated Terms. Notifications of significant updates will be sent to you as appropriate.
1. GENERAL PROVISIONS
Tearbird, a company registered in Noida, India, with its registered office at C64, Sector 63, Noida, Uttar Pradesh, 201301, India (“Tearbird”), offers its products from the Tearbird trademark directly to customers through its website www.tearbird.com (the “Site”). The sale of products on the Site is subject to the following terms and conditions of sale (the “Conditions of Sale”).
2. CONSUMER INFORMATION
2.1. The products featured on the Site are available for sale to consumers (“Customers” or “You”). The term “Customer” refers to any natural person making purchases for non-commercial purposes. Products on the Site may only be purchased by individuals aged 15 years and over who have reached the age of majority. The Products sold on the Site are available for purchase and shipment within India.
2.2. Before confirming and submitting a purchase order, Customers are required to carefully read and accept these Conditions of Sale. These Conditions of Sale, along with the Privacy Policy, govern the contract between the Customer and Tearbird for the sale of Products on the Site.
2.3. By submitting a purchase order, the Customer accepts and agrees to abide by these Conditions of Sale. If the Customer does not agree with any of the conditions outlined in these Conditions of Sale, they should not submit a purchase order for Products on the Site.
3. ORDER PROCEDURE AND ACCEPTANCE
3.1. To purchase one or more Products, the Customer must select the desired Products, their size, and color (if applicable). The selected Products will be added to the Shopping Bag. To save items in the Shopping Bag for future reference, the Customer must create an online account and log in when making a purchase.
3.2. The Customer may modify any information entered during the purchase process until the order is confirmed. Once an order has been sent or shipped, it cannot be changed or canceled.
3.3. The sale process is considered complete only when the Customer submits the purchase order to Tearbird by clicking the “Buy Now” button on the purchase confirmation page. To send the order, the Customer must provide personal information, including their name, address, email address, and payment details. The Customer also agrees to these Conditions of Sale. Before submitting the order, it is recommended that the Customer carefully review the order details, including Product information, shipping costs, conditions for contract withdrawal (the “Information on the right of withdrawal,” see point 7 below), legal warranty information, and the Privacy Policy.
3.4. After the order is submitted, Tearbird will send an email confirming the receipt of the order and its processing (“Order Confirmation”). Customers can access their order at any time in the “My Account” section on the Site (if registered) or by contacting Tearbird’s Customer Service department at support@tearbird.com.
Please note that the Order Confirmation does not constitute acceptance of the Customer’s order by Tearbird. Tearbird will accept the order and charge the Customer’s payment card only when the Products are shipped. For payments made via bank transfer, the order will be processed once Tearbird receives the wire transfer payment. The Customer has 7 days to make the wire transfer payment; otherwise, Tearbird will cancel the order. At that time, Tearbird will send the Customer another confirmation email indicating that the order has been accepted, and the Products have been shipped (“Shipping Confirmation”).
3.5. Tearbird reserves the right to refuse orders placed by the Customer if it believes they do not meet the requirements for submitting a purchase order, or for orders placed by individuals with whom a legal dispute is ongoing regarding a previous order or for any other legitimate reason, without the need to provide a specific justification. Tearbird also reserves the right to refuse and cancel orders that appear to have been placed by merchants and/or distributors.
3.6. Each Product offered for sale on the Site will include an image of the Product, its unit price, and available colors and sizes. Product images are provided for informational purposes only. The actual colors of the Products for sale on the Site may vary due to the customer’s browser or monitor settings or other technical factors. Tearbird is not responsible for any discrepancies in the graphic representations of the Products shown on the Site for the aforementioned technical reasons.
4. AVAILABILITY
4.1. Tearbird aims to ensure the availability of all Products offered on its Site. However, under exceptional circumstances, the Products sold by Tearbird on the Site may become unavailable. Customers are advised to check the availability of Products on the Site at the time of purchase by contacting Tearbird’s Customer Service Department at support@tearbird.com.
4.2. If the Products ordered by the Customer become temporarily unavailable (excluding pre-orders and Products with limited availability), Tearbird will inform the Customer via SMS/email by the business day following the order date. The Customer’s debit/credit card will not be charged if the Products are unavailable. If the purchase amount has already been debited, a refund will be credited to the debit/credit card used for the purchase within 14 (fourteen) days. Depending on the policies of individual banks, it may take some time for the credit to be visible in the Customer’s account.
4.3. Customers will be notified when orders are dispatched for pre-orders, orders for Products with limited availability, or orders for items not available at the time of order placement but with a clearly indicated availability date on the Site. If, under exceptional circumstances, the availability timeframe is extended, the Customer will be informed when the Product becomes available, typically two weeks after the initially indicated date of availability.
5. PRICES AND PAYMENT
5.1. Product prices listed on the Site are denominated in Indian Rupees (INR) for sales within India.
5.2. Product prices may or may not include GST. Shipping costs, which are itemized separately, are not included in the Product prices. Shipping costs depend on the destination and the chosen delivery method at the time of purchase. Shipping costs and any applicable taxes will be displayed on the payment page of the Order Confirmation.
5.3. Tearbird accepts payments through MasterCard, Visa, American Express, Google Pay, PhonePe, Paytm, and bank transfer.
5.4. For payments made with MasterCard, Visa, American Express, Google Pay, PhonePe, Paytm, and bank transfer, purchased Products will be dispatched to the Customer only after verification of the Customer’s payment card details and upon receipt of authorization from the Customer’s bank. Verification of payment card data may take some time but will be conducted as quickly as possible, typically within 24 hours. However, longer processing times may occasionally be necessary. The Customer’s payment card will be charged only after the Products have been shipped. If the Customer selects the bank transfer payment option, they will receive an email/SMS with payment details. The Customer has 7 days to make the payment; otherwise, Tearbird will proceed with the cancellation of the order. Upon receipt of payment, Tearbird will process the order.
6. DELIVERY
6.1. The Products will be shipped to the address provided during the purchase process.
6.2. After sending the Shipping Confirmation to the Customer, all purchases will be delivered from Monday to Saturday, excluding local or national public holidays, by the courier service selected by Tearbird (e.g., DHL, Ekart, FedEx, Delhivery, E-com Express, GATI, Xpressbees, Bluedart, Shadowfax, Professional, Wow Express, or others) for all states within India, based on availability, unless otherwise specified for specific states. Sunday deliveries may be available if offered by the courier, and Sunday delivery conditions will be indicated at the time of order.
6.3. Standard delivery of Products will take place between five and seven business days after the Shipping Confirmation, depending on the Customer’s delivery address, city, and state, as well as the selected delivery method. Tearbird cannot be held responsible for unforeseen delays or delays solely attributable to the courier. Before dispatching purchases to the Customer, Tearbird may need to verify the Customer’s details with the card issuer for credit card or debit card payments. Tearbird will make every effort to minimize delays, and such verifications typically require no more than 24 hours.
6.4. If the Customer does not receive the Products within 7-10 (seven to ten) business days of receiving the Shipping Confirmation, they should contact Tearbird at +91 828 7814009. Customers can also reach out via email at support@tearbird.com.
6.5. Pre-ordered items will be shipped as soon as they become available, as indicated on the Site at the time of order placement. The Customer will receive a Shipping Confirmation email as soon as the order is dispatched, and delivery will take place within the same time frame as other orders, depending on the selected delivery method.
7. RIGHT OF WITHDRAWAL
7.1. Customers have the right to withdraw from their purchase contract with Tearbird, with or without penalty and for any reason, within 7 (seven) business days of receiving the Products purchased on the Site. The exercise of the right of withdrawal does not grant the Customer the right to exchange purchased Products for other Products.
7.2. To exercise their right of withdrawal, Customers must notify Tearbird of their intention to withdraw from the contract at +91 828 7814009 or support@tearbird.com. In this case, the Customer must return the Products in their original “like new” condition to the Tearbird Returns Centre (address provided in point 7.8 below). All Products purchased online must be returned to the Tearbird Returns Centre. Returns sent to our retail locations will not be accepted.
7.3. Refunds will be issued to Customers as long as the Products have not been used, washed, and remain in the same condition as when they were delivered, with original tags attached, all parts and accessories, and in the original packaging. If the Customer exercises the right of withdrawal for all Products in a single purchase order, all Products must be returned in the same shipment at the same time.
7.4. Tearbird reserves the right to inspect the returned Products and may send back to the Customer any Products that do not meet the requirements outlined in point 7.3 above.
7.5. A full refund will be processed to the payment card or bank account used for the purchase as soon as possible, but in any case, within 7 (seven) days of Tearbird initially confirming receipt of the returned Products sent by the Customer, provided that the conditions listed in point 7.3 above are met. Tearbird will process the refund once the Customer provides proof of return of the Products. If the Customer explicitly requests a more expensive delivery method different from the generally proposed lower-cost method offered by Tearbird, Tearbird will only reimburse delivery costs up to the amount the Customer would have paid if they had chosen the proposed lower-cost delivery method.
7.6. If the returned Products were purchased as a gift, the refund will be issued to the person who made the payment.
7.7. To return Products to Tearbird, the Customer must arrange for a courier to pick up the Products intended for return from the residence or location where the Products are located. The return shipping label included with the delivered package must be affixed to the outside of the package. The Customer must also ensure that the commercial label and documents for the Products are included in the package and must retain a copy of the receipt for the return of the Products, duly signed by the courier, as proof of return. If the Customer chooses to use a courier to return Products, all shipping costs, including the costs of returning the Products to Tearbird, will be borne by the Customer.
7.8. If the Customer opts not to use the courier, Tearbird recommends that the Customer insure the full value of the returned Product and obtain and retain the shipping receipt and tracking number. In this case, the Customer will bear all costs associated with returning the Products, and Tearbird will not be responsible for reimbursing the price of the Products sent by the Customer if they are not received by Tearbird due to loss, theft, or damage not attributable to Tearbird.
The Products must be returned to:
TEARBIRD
G-247 Noida Sec-63, Uttar Pradesh, India.
8. MODIFICATIONS AND CORRECTIONS TO THE TERMS AND CONDITIONS OF SALE
8.1. Tearbird reserves the right to modify or amend these Conditions of Sale, its Privacy Policy, Information on the Right of Withdrawal, the Products offered for sale on the Site, and the prices of these Products at any time and without prior notice. Tearbird encourages Customers to review the Conditions of Sale and the Privacy Policy each time they make a purchase on the Site.
8.2. Tearbird will make every effort to ensure the accuracy and currency of Product prices and information on the Site. However, occasional errors, incorrect statements, or omissions (“Errors”) in the description, price, promotions, sales, and Product availability may occur. Tearbird reserves the right, at any time and without prior notice, to correct Errors, modify or update information, remove sales with such Errors, and cancel any order before shipping.
8.3. If the Customer’s payment card is debited for a canceled order as described in point 8.2, Tearbird will immediately notify the Customer via SMS/email (within 24 hours of order cancellation), and a refund will be processed to the Customer’s payment card within 7 (seven) days of order cancellation (the same applies to payments via bank transfer).
8.4. Any modifications and/or corrections as described above apply exclusively to purchase orders submitted after the date on which the modification or correction was made by Tearbird.
9. ORDER CONFORMITY
9.1. Customers are responsible for checking the Products upon delivery to ensure that they match the order.
9.2. Any discrepancies noted at the time of delivery, such as damage or tampering with the packaging, damaged Products, missing items, non-compliant Products, defective Products, etc. (“Defects”), should be reported by the Customer to Tearbird’s Customer Service Department.
10. TEARBIRD’S LIABILITY
10.1. The Products offered for sale on the Site are sold “as is.” Tearbird makes no warranties, conditions, commitments, or terms, whether express or implied, by contract or any other means, regarding the condition, service, satisfactory quality, or fitness for a specific purpose of the Products, except as described in the Product description included in the purchase order.
10.2. Tearbird shall not be liable under any circumstances for damages of any kind, including direct, indirect, incidental, or consequential damages, arising directly or indirectly from:
- The Customer’s use or inability to use the Site
- The Customer’s reliance on the information provided on the Site
- Errors, service interruptions, cancellations, file and email damage or corruption, viruses or defects, delays in operation or transmission, communication failures, theft, destruction, or unauthorized access to Tearbird’s data, programs, or services
10.3. Notwithstanding points 10.1 and 10.2, nothing in these Conditions of Sale shall exclude or limit Tearbird’s liability to the Customer for cases of fraud, death or personal injury caused by negligence, breach of the terms pursuant to the applicable norms in relation to consumer protection, or any other responsibility that cannot be excluded or limited according to applicable law.
11. APPLICABLE LAW AND COMPETENT COURT
11.1. These Conditions of Sale are governed in their entirety by Indian law.
Any disputes regarding the interpretation or performance of these Conditions of Sale will be submitted to the Court located in the Customer’s place of residence, in their capacity as a consumer.
11.2. SEVERABILITY
Should any provision contained herein be deemed invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
12. CONTACT INFORMATION
If the Customer wishes to file a complaint or requires information or assistance regarding the Site or the purchase process, they may contact the Customer Service Department at support@tearbird.com.
Please note that these Terms and Conditions of Sale are subject to change, and it is advisable to review them regularly when making purchases on the Tearbird website.
Grievance Redressal
Any grievances related to the use of this site or these Terms should be directed to our Grievance Officer:
Name: Kiran Sudhakar
Email: hello@tearbird.com
Designation: Head Of Operation