TERMS & CONDITIONS

Effective Date: 15 Aug 2026
Website: www.babitam.com
Business Name: Babita M. / Babita Malkani
Registered Office: 18/1 Milestone, Mathura Road, Faridabad, Haryana, India
Phone: +91 98197 37215
Email: studio.babita.malkani@gmail.com

Welcome to Babita.com ("Website"), owned and operated by Babita Malkani / Babita M. ("Babita Malkani", "Babita.com", "we", "us" or "our").

These Terms & Conditions ("Terms") govern your access to and use of the Website and your purchase of products through the Website.

By accessing, browsing or using the Website, creating an account, placing an order or purchasing any product through the Website, you acknowledge that you have read, understood and agreed to be bound by these Terms, together with our Privacy Policy, Return, Refund, Alteration & Partial Payment Policy and any other policies displayed on the Website.

If you do not agree with these Terms, please do not use the Website or place an order through it.

1. DEFINITIONS

For the purposes of these Terms:

"Website" means www.babitam.com and all associated webpages, features, applications and services operated by Babita Malkani.

"Customer", "you" or "your" means any person who accesses the Website, creates an account, makes an enquiry or purchases products from Babita.com.

"We", "us", "our", "Babita Malkani" or "Babita.com" means the owner/operator of the Website and the business responsible for selling products through it.

"Products" means all garments, fashion products, accessories and other products displayed or offered for sale through the Website.

"Made-to-Order" means products manufactured, tailored, customised or otherwise prepared specifically after an order is placed.

2. ELIGIBILITY TO USE THE WEBSITE

By using the Website or placing an order, you represent that:

  1. You are legally capable of entering into a binding contract under applicable law;
  2. The information provided by you is accurate and complete;
  3. You will use the Website only for lawful purposes; and
  4. You will comply with these Terms and all applicable laws and regulations.

If you are purchasing a product on behalf of another person, you confirm that you are authorised to do so and accept responsibility for providing accurate information and communicating these Terms to the intended recipient.

3. WEBSITE USE

You agree to use the Website only for lawful purposes.

You must not:

  • Use the Website for fraudulent or unlawful purposes;
  • Attempt to gain unauthorised access to any part of the Website;
  • Interfere with the Website's operation or security;
  • Introduce malicious code, viruses or harmful software;
  • Copy, reproduce or exploit Website content without permission;
  • Use automated systems to scrape, extract or reproduce Website content without our prior written consent;
  • Impersonate another person or entity;
  • Provide false, misleading or fraudulent information;
  • Use another person's account or payment information without authorisation; or
  • Engage in any activity that may damage, disrupt or impair the Website or our business.

We reserve the right to suspend or restrict access to the Website where we reasonably believe that these Terms have been violated.

4. PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, images, measurements, colours, specifications and other information displayed on the Website are accurate and up to date.

However, certain variations may occur due to:

  • Photography and lighting conditions;
  • Individual screen or monitor settings;
  • Manufacturing and fabric characteristics;
  • Handcrafted or artisanal processes;
  • Embellishment and finishing techniques; and
  • The nature of made-to-order production.

Accordingly, the appearance of a product on your device may differ slightly from the physical product.

Such reasonable variations shall not automatically constitute a defect or non-conformity.

5. PRODUCT AVAILABILITY

Products displayed on the Website are subject to availability.

We reserve the right to:

  • Modify or discontinue any product;
  • Limit the quantity available for purchase;
  • Correct pricing or product information errors;
  • Restrict orders where necessary; or
  • Decline or cancel an order where fulfilment is not reasonably possible.

Where an order has been accepted and subsequently cannot be fulfilled due to circumstances attributable to Babita.com, the customer will be informed and an appropriate resolution will be provided in accordance with applicable law.

6. MADE-TO-ORDER AND CUSTOM PRODUCTS

A significant portion of our products may be made-to-order or customised for individual customers.

Once an order is confirmed, we may commence:

  • Material procurement;
  • Production;
  • Tailoring;
  • Embroidery;
  • Embellishment;
  • Customisation;
  • Quality control;
  • Packaging; and
  • Other order-specific processes.

Customers should therefore carefully review the product, measurements, specifications and applicable policies before confirming an order.

Made-to-order and customised products are subject to our Return, Refund, Alteration & Partial Payment Policy.

7. CUSTOMER-PROVIDED MEASUREMENTS

Where a product requires customer measurements, the customer is responsible for providing complete and accurate measurements in writing in the format requested by Babita.com.

The customer acknowledges that measurements provided remotely may not produce the same result as measurements taken personally by a professional tailor or designer.

Where measurements are incomplete or inaccurate, Babita.com may make reasonable construction adjustments based on the intended silhouette and design of the garment.

Such adjustments may be necessary to preserve the intended appearance, structure and functionality of the garment.

Customers should carefully review our Return, Refund, Alteration & Partial Payment Policy before providing measurements.

8. FITTING AND ALTERATIONS

Due to the made-to-order nature of our garments and the fact that measurements may be provided remotely, minor fitting adjustments may occasionally be required.

Where applicable, Babita.com may provide a one-time complimentary alteration in accordance with the applicable policy.

Alteration requests must be submitted within the specified timeframe and supported by appropriate photographs and information.

Extensive alterations, modifications requested due to changes in customer preference, or alterations beyond the complimentary service may attract additional charges.

Please refer to our Return, Refund, Alteration & Partial Payment Policy for complete details.

9. PRICES AND TAXES

All product prices displayed on the Website shall be stated in Indian Rupees (INR) unless otherwise specified.

Applicable taxes, including GST where applicable, shall be charged in accordance with prevailing law.

The final amount payable by the customer will be displayed at checkout or otherwise communicated before order confirmation.

We reserve the right to modify product prices at any time. However, price changes will not ordinarily affect an order that has already been confirmed and accepted, except where required due to an obvious pricing error or other lawful circumstances.

10. PRICING ERRORS

Although we take reasonable steps to ensure that pricing information is accurate, inadvertent errors may occur.

If a product is displayed at an incorrect price due to a technical or human error, Babita.com reserves the right to:

  1. Correct the price;
  2. Contact the customer regarding the error; and
  3. Where legally permissible, cancel the affected order and refund any amount actually received for that order.

We will make reasonable efforts to communicate such issues promptly.

11. ORDER PLACEMENT AND ACCEPTANCE

Placing an order through the Website constitutes an offer by the customer to purchase the selected product(s).

After an order is placed, you may receive an order acknowledgement by email or other electronic communication.

An order shall be considered accepted when Babita.com confirms the order for processing, subject to these Terms and applicable law.

An automated order confirmation does not necessarily constitute final acceptance where the order remains subject to verification, payment confirmation, product availability or other necessary checks.

12. RIGHT TO DECLINE OR CANCEL ORDERS

Babita.com reserves the right to decline, restrict or cancel an order in circumstances including:

  • Product unavailability;
  • Suspected fraudulent activity;
  • Incorrect pricing or product information;
  • Payment failure;
  • Incomplete customer information;
  • Repeated failed delivery attempts;
  • Unavailability of required materials;
  • Customer violation of these Terms; or
  • Other circumstances where fulfilment is reasonably impracticable.

Where payment has already been received and an order is cancelled by Babita.com for reasons attributable to Babita.com, the applicable amount will be handled in accordance with applicable law and our refund policy.

13. PAYMENT

Payments may be processed through third-party payment service providers and gateways made available on the Website.

Currently, our payment processing may be facilitated through Razorpay and/or other authorised payment service providers.

Babita.com does not ordinarily store complete payment-card information such as card numbers, CVV or other sensitive payment credentials on its own servers where such information is processed directly by the payment gateway.

Payment processing is subject to the terms, security procedures and policies of the relevant payment service provider.

You agree to provide accurate payment and billing information and confirm that you are authorised to use the selected payment method.

14. PARTIAL COD / PARTIAL PAYMENT

Babita.com may offer Partial COD / Partial Payment for selected orders or customers.

Under this arrangement, the customer may be required to pay an advance amount at the time of order confirmation, with the remaining balance payable in accordance with the payment terms communicated by Babita.com.

Unless otherwise expressly communicated at checkout, the outstanding balance must be paid in full before shipment.

The advance amount may become non-refundable once procurement, production, customisation or order processing has commenced, subject to applicable law.

Complete terms relating to Partial COD / Partial Payment are contained in our Return, Refund, Alteration & Partial Payment Policy.

15. RETURN, REFUND AND EXCHANGE

All returns, refunds, exchanges, alterations, damaged-product claims and fitting-related matters are governed by our Return, Refund, Alteration & Partial Payment Policy.

Due to the made-to-order and customised nature of many of our products, returns and exchanges may not ordinarily be available.

Nothing in these Terms is intended to exclude or restrict any consumer right or remedy that cannot legally be excluded or restricted under applicable law.

16. DELIVERY

We will make reasonable efforts to deliver products within the estimated delivery timeframe communicated to the customer.

Delivery timelines may vary depending on:

  • Product type;
  • Customisation;
  • Production requirements;
  • Availability of materials;
  • Shipping destination;
  • Courier/logistics conditions;
  • Weather or natural events;
  • Government restrictions;
  • Force majeure events; or
  • Delays caused by the customer.

Estimated delivery dates are indicative unless expressly stated otherwise.

Customers are responsible for providing accurate delivery details and being reasonably available to receive the shipment.

17. FAILED DELIVERY AND CUSTOMER UNAVAILABILITY

If delivery fails because:

  • The address provided is incorrect or incomplete;
  • The customer is unavailable;
  • The customer refuses delivery;
  • The customer fails to respond to delivery attempts; or
  • Other circumstances attributable to the customer prevent delivery,

additional shipping or re-delivery charges may apply where permitted.

For Partial COD orders, refusal to accept delivery or failure to complete the applicable payment may also be subject to the Partial Payment Policy.

18. INSPECTION UPON DELIVERY

Customers are advised to inspect the product promptly upon receiving it.

Any concern regarding:

  • Damage;
  • Manufacturing defect;
  • Missing components;
  • Material discrepancy; or
  • Other qualifying product issue

must be reported within the timeframe specified in our Return, Refund, Alteration & Partial Payment Policy.

Customers should provide clear photographs and/or videos to enable us to assess the issue.

19. INTELLECTUAL PROPERTY

All intellectual property appearing on or associated with the Website, including but not limited to:

  • Brand names;
  • Logos;
  • Trademarks;
  • Product names;
  • Designs;
  • Photographs;
  • Fashion imagery;
  • Videos;
  • Graphics;
  • Text;
  • Product descriptions;
  • Website layout;
  • Page designs;
  • User interfaces;
  • Software;
  • Illustrations;
  • Digital content; and
  • Compilation and arrangement of Website content

is owned by, licensed to, or otherwise lawfully used by Babita Malkani and/or its respective content suppliers.

Except as expressly permitted under these Terms or with our prior written permission, no Website content may be:

  • Reproduced;
  • Copied;
  • Modified;
  • Republished;
  • Distributed;
  • Sold;
  • Transmitted;
  • Displayed commercially;
  • Reverse engineered; or
  • Used to create derivative works.

Unauthorised use may constitute an infringement of applicable intellectual property rights and may result in civil and/or criminal remedies where available under law.

20. TRADEMARKS

All trademarks, service marks, logos, brand names and trade dress displayed on the Website are the property of Babita Malkani, its affiliates, licensors or respective owners.

Nothing contained on the Website shall be interpreted as granting any licence or right to use any trademark without prior written permission.

21. USER CONTENT AND COMMUNICATIONS

If you voluntarily submit reviews, feedback, photographs, testimonials, comments, suggestions or other content to Babita.com, you represent that:

  1. You have the right to submit such content;
  2. The content does not violate the rights of any third party;
  3. The content is not unlawful, defamatory, fraudulent or misleading; and
  4. The content does not contain malicious software or harmful material.

By submitting content, you grant Babita.com a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, display and distribute that content for legitimate business, marketing, promotional and operational purposes, subject to applicable law and our Privacy Policy.

Where required by law or where commercially appropriate, we may seek additional consent for specific uses such as identifiable customer testimonials or photographs.

22. THIRD-PARTY LINKS AND SERVICES

The Website may contain links to third-party websites, applications, payment gateways, logistics providers or other services.

Such links are provided for convenience.

Babita.com does not necessarily endorse or control third-party websites and is not responsible for their:

  • Content;
  • Privacy practices;
  • Security;
  • Availability;
  • Products;
  • Services; or
  • Terms and conditions.

Your use of third-party services is subject to the terms and policies of the relevant third party.

23. WEBSITE AVAILABILITY

We aim to keep the Website available and operational; however, we do not guarantee that the Website will always be:

  • Available;
  • Uninterrupted;
  • Error-free;
  • Secure;
  • Free from viruses or harmful components; or
  • Compatible with every device or browser.

The Website may occasionally be unavailable due to maintenance, upgrades, technical problems, security incidents or circumstances beyond our reasonable control.

24. ACCURACY OF INFORMATION

We make reasonable efforts to maintain accurate information on the Website.

However, information may occasionally contain typographical errors, inaccuracies, omissions or outdated information relating to:

  • Product descriptions;
  • Pricing;
  • Availability;
  • Delivery estimates;
  • Promotions;
  • Specifications; or
  • Other Website content.

We reserve the right to correct such information and update the Website when necessary.

25. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the Website and its content are provided on an "as available" basis.

We do not guarantee that:

  • The Website will meet every user's requirements;
  • The Website will operate continuously or without interruption;
  • Website content will always be complete or error-free;
  • All information will always be current; or
  • The Website will be free from technical defects.

Nothing in these Terms shall exclude or limit any warranty, guarantee or statutory right that cannot lawfully be excluded or limited.

26. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Babita Malkani shall not be liable for indirect, incidental, special, consequential or unforeseeable losses arising from:

  • Use or inability to use the Website;
  • Unauthorised access caused by circumstances beyond our reasonable control;
  • Third-party websites or services;
  • Customer-provided incorrect information;
  • Delivery delays caused by third parties or circumstances beyond our reasonable control; or
  • Events outside our reasonable control.

Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law, including liability arising from statutory consumer rights.

27. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Babita Malkani, its owners, employees, representatives, contractors and service providers from claims, losses, liabilities, costs and expenses arising from:

  • Your unlawful use of the Website;
  • Your violation of these Terms;
  • Fraudulent or unauthorised activity by you;
  • Your infringement of third-party rights; or
  • Information or content submitted by you that violates applicable law or third-party rights.

This clause shall not apply to the extent that the relevant loss or claim results from the negligence, wilful misconduct or unlawful conduct of Babita Malkani.

28. PRIVACY AND PERSONAL INFORMATION

We collect and process personal information in connection with your use of the Website and your purchases.

This may include information such as:

  • Name;
  • Email address;
  • Phone number;
  • Billing address;
  • Shipping address;
  • Order information;
  • Account information;
  • Communication records; and
  • Transaction-related information.

Payment credentials may be processed directly by authorised payment service providers.

Your personal information will be handled in accordance with our Privacy Policy and applicable data-protection laws.

The Digital Personal Data Protection Act, 2023 and its applicable provisions/rules should also be considered when maintaining the Website's privacy framework.

29. ACCOUNT SECURITY

If you create an account on Babita.com, you are responsible for maintaining the confidentiality of your login credentials.

You agree to:

  • Keep your password confidential;
  • Use accurate account information;
  • Notify us promptly of unauthorised access; and
  • Not permit unauthorised persons to use your account.

Babita.com shall not be responsible for losses arising from your failure to maintain the security of your account credentials, except to the extent caused by our breach of applicable law or our own negligence.

30. FRAUDULENT ORDERS AND ABUSE

Babita.com reserves the right to investigate suspected fraudulent, abusive or unlawful transactions.

Where permitted by law, we may restrict or cancel orders associated with:

  • Fraudulent payment activity;
  • Repeated refusal of legitimate deliveries;
  • Misuse of promotional offers;
  • False claims;
  • Multiple suspicious accounts;
  • Unauthorised use of payment instruments; or
  • Other fraudulent or abusive conduct.

We may cooperate with law-enforcement agencies or other authorised bodies where legally required.

31. PROMOTIONS AND DISCOUNTS

Promotional offers, discount codes and special campaigns may be subject to separate terms and conditions.

Unless expressly stated otherwise:

  • Offers cannot be combined;
  • Promotions may have limited validity;
  • Certain products may be excluded;
  • Promotional codes cannot be exchanged for cash; and
  • Babita.com reserves the right to withdraw or modify a promotion in accordance with applicable law.

The specific terms displayed with an offer shall prevail in the event of a conflict with general promotional provisions.

32. PROHIBITION ON WEBSITE LINKING

You may not create a hyperlink, deep link, framed link or other connection to the Website from another website, application or document for commercial purposes without obtaining prior written permission from Babita Malkani.

We reserve the right to withdraw permission for any link at any time.

33. FORCE MAJEURE

Babita Malkani shall not be responsible for delays or failure to perform obligations caused by circumstances beyond its reasonable control, including but not limited to:

  • Natural disasters;
  • Floods;
  • Fire;
  • Epidemics or pandemics;
  • War;
  • Terrorism;
  • Civil unrest;
  • Government restrictions;
  • Strikes;
  • Transportation disruptions;
  • Supply-chain interruptions;
  • Power or internet failures;
  • Cybersecurity incidents;
  • Acts of God; or
  • Other events beyond our reasonable control.

Where reasonably possible, we will communicate material delays and take reasonable steps to mitigate their effects.

34. GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of India.

Your use of the Website and any transaction made through it shall be subject to applicable Indian laws and regulations.

35. DISPUTE RESOLUTION

We encourage customers to contact us first so that any concern can be reviewed and resolved amicably wherever possible.

For complaints, customers may contact:

Phone: +91 98197 37215
Email: studio.babita.malkani@gmail.com

Where a dispute cannot be resolved amicably, it may be addressed through the appropriate legal or dispute-resolution mechanism available under applicable law.

Nothing in these Terms shall prevent a consumer from exercising any statutory right or remedy available under applicable consumer-protection law.

36. CHANGES TO THESE TERMS

Babita Malkani reserves the right to update, amend or modify these Terms from time to time.

The updated version will be published on the Website with the revised effective date.

Your continued use of the Website following publication of updated Terms constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

For orders already placed, the Terms applicable at the time of order placement shall ordinarily govern that transaction, subject to applicable law.

37. SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable by a competent authority, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

38. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Return, Refund, Alteration & Partial Payment Policy and any other policies expressly incorporated by reference, constitute the agreement governing your use of the Website and your purchase of products from Babita.com.

Where a product-specific term or promotion contains additional conditions, those specific conditions shall apply to the extent they are not inconsistent with applicable law.

39. NO WAIVER

Failure by Babita Malkani to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

40. CONTACT INFORMATION

For questions, complaints, order-related concerns or clarification regarding these Terms, please contact:

Babita M. / Babita Malkani

Registered Office:
18/1 Milestone, Mathura Road,
Faridabad, Haryana, India

Phone: +91 98197 37215

Email: studio.babita.malkani@gmail.com

Website: www.babitam.com

CUSTOMER ACKNOWLEDGEMENT

By accessing the Website, creating an account, placing an order or purchasing any product through Babita.com, you acknowledge that you have had an opportunity to review these Terms & Conditions and the other applicable policies of Babita.com and agree to comply with them, subject to your rights under applicable law.

Last Updated: 15 Aug 2026