Terms of service

THE BAGMARK — TERMS OF SERVICE / TERMS & CONDITIONS

Last updated: 9 January 2026

These Terms & Conditions (“Terms”) apply to your use of thebagmark.com (the “Site”) and to any purchases made through it.

1) WHO WE ARE

Nadal Enterprises LLP (“The Bagmark”, “we”, “us”, “our”) is a limited liability partnership registered in India, having its registered office in Kolkata, West Bengal.

Platform provider:
The Site is hosted by Shopify Inc. (“Shopify”). Shopify provides the ecommerce platform that enables us to sell our products to you.

By accessing the Site and/or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

2) ELIGIBILITY & ACCOUNTS

  • You must be at least 18 years old, or have permission from a parent or legal guardian, to use the Site and place orders.

  • If you create an account, you are responsible for maintaining the confidentiality of your login details and for all activity that occurs under your account.

  • You agree to provide accurate, current and complete information, including delivery and billing details.

3) OUR PRODUCTS & INFORMATION

  • We aim to ensure all product descriptions, images, prices and information are accurate; however, errors may occasionally occur.

  • Product images are for illustrative purposes only. Colours and finishes may vary depending on your device or screen settings.

  • Product availability may change at any time, and we reserve the right to limit quantities or discontinue products without notice.

Indian consumer rights:
Nothing in these Terms affects your statutory rights under applicable Indian consumer protection laws. Goods must be as described, fit for purpose, and of satisfactory quality, subject to normal wear and tear.

4) ORDERS, CONTRACT FORMATION & ORDER CHANGES

  • When you place an order, you are making an offer to purchase the products.

  • A binding contract is formed only when we send you a dispatch confirmation email or other written confirmation that your order has been shipped.

  • We reserve the right to refuse or cancel an order for reasons including, but not limited to:

    • product availability

    • pricing or description errors

    • suspected fraud or unauthorised transactions

    • payment verification issues

    • delivery or shipping restrictions

Once an order has entered processing, changes or cancellations may not be possible. This does not affect any legal rights you may have.

5) PRICES, TAXES & PAYMENT

  • Prices shown on the Site are in the currency displayed and may change from time to time.

  • Indian customers: prices are inclusive of GST unless stated otherwise.

  • International customers: prices may exclude customs duties, import taxes, or local charges. You are responsible for paying such charges where applicable.

  • Payment is taken at checkout. Orders will not be processed if payment is not authorised or successfully completed.

6) PROMOTIONS & DISCOUNTS

  • Promotional offers and discount codes may be subject to additional terms and conditions.

  • If promotional terms conflict with these Terms, the promotional terms will apply.

  • We reserve the right to modify or withdraw promotions at any time without notice.

7) SHIPPING & DELIVERY

  • Shipping options, costs and estimated delivery times are displayed at checkout or on our delivery information pages.

  • Delivery times are estimates only and are not guaranteed. We are not responsible for delays beyond our control, including courier delays, customs clearance, weather conditions, strikes, or other force majeure events.

Risk and delivery:
For Indian consumers, the risk passes to you once the goods are delivered to you or to a person nominated by you.

If you instruct a courier to leave the parcel in a safe place or with an unauthorised third party, we are not responsible for loss or damage once delivery is marked complete.

Ownership:
Ownership of the goods passes to you once full payment (including delivery charges) has been received.

8) RETURNS, REFUNDS & FAULTY GOODS

Our returns and refunds process is set out in our Refund / Returns Policy, which forms part of these Terms.

Indian consumers:
You may be entitled to return, replacement, repair or refund rights in accordance with applicable Indian consumer protection laws and our Returns Policy.

Faulty goods:
If an item is faulty, not as described, or not fit for purpose, you have legal rights depending on your location and applicable law.

Nothing in these Terms or our Returns Policy limits your statutory rights.

9) PERSONALISED / CUSTOM ITEMS (IF APPLICABLE)

If you order personalised or custom-made items:

  • cancellation for change of mind may not be available once production has started; and

  • returns are generally accepted only if the item is faulty or not as described.

10) WEBSITE USE & PROHIBITED CONDUCT

You agree not to misuse the Site. You must not:

  • engage in unlawful or fraudulent activity

  • interfere with the Site’s security or functionality

  • scrape, crawl, reverse engineer, or copy Site content except for personal use

  • upload viruses or malicious code

  • infringe intellectual property rights

  • harass, abuse or harm others

We reserve the right to suspend or terminate access to the Site if these Terms are breached.

11) INTELLECTUAL PROPERTY

All content on the Site, including designs, trademarks, logos, images, text and graphics, is owned by Nadal Enterprises LLP or its licensors and is protected by applicable intellectual property laws.

You may use the Site for personal, non-commercial purposes only. Any reproduction, distribution or exploitation without prior written consent is prohibited.

12) USER CONTENT & REVIEWS

If you submit reviews, images, videos or other content (“User Content”), you confirm that:

  • you own or have permission to submit such content; and

  • you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and publish it in connection with our business, including marketing, subject to applicable law.

We reserve the right to remove User Content that is unlawful, misleading, abusive or infringing.

13) THIRD-PARTY SERVICES & LINKS

The Site may contain links to third-party websites or services. We are not responsible for third-party content or practices, and your use of such services is at your own risk.

14) DISCLAIMERS

The Site is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free operation.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including for:

  • death or personal injury caused by negligence

  • fraud or fraudulent misrepresentation

  • breach of statutory consumer rights

15) LIMITATION OF LIABILITY

Subject to applicable law:

  • We are liable for foreseeable loss or damage caused by our breach or negligence.

  • We are not liable for losses that were not foreseeable or for business-related losses where you are purchasing as a consumer.

  • Our total liability for any claim relating to your order is limited to the amount paid by you for the relevant goods, unless the law requires otherwise.

16) INDEMNITY (BUSINESS USE)

If you use the Site for business purposes or breach these Terms, you agree to indemnify us against losses arising from such use or breach.

This section does not apply to consumers.

17) EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)

We are not responsible for delays or failure to perform obligations due to events beyond our reasonable control, including natural disasters, pandemics, strikes, courier disruptions, power failures, or internet outages.

18) CHANGES TO THESE TERMS

We may update these Terms from time to time. The “Last updated” date indicates when changes were made. Material changes will be communicated where required.

19) GOVERNING LAW & JURISDICTION

These Terms are governed by and construed in accordance with the laws of India.

The courts of Kolkata, West Bengal, India shall have exclusive jurisdiction.

20) GENERAL

If any provision of these Terms is found unenforceable, the remaining provisions remain valid.

We may transfer our rights and obligations under these Terms as part of a business sale or restructuring.

These Terms, together with our referenced policies, constitute the entire agreement between you and us.

21) CONTACT

For questions about these Terms, contact us at:
📧 thebagmark@gmail.com