Terms of Use

Terms & Conditions

Effective Date: 20 August 2020
Business: LyonsBarry® / Ballia Corpus
Applicable to: Domestic & International Sales, B2B, B2C, Private Label, Contract Manufacturing, Third-Party Manufacturing and Repacking Services

These Terms & Conditions govern the use of the LyonsBarry® website, purchase of products and services, domestic and international sales, wholesale transactions, private-label manufacturing, contract manufacturing, third-party manufacturing, repacking and related services.

By placing an order, requesting manufacturing services, accepting a quotation/proforma invoice, making payment or otherwise proceeding with a transaction, the customer agrees to these Terms & Conditions together with the applicable quotation, invoice, order confirmation and policies.

1. Business & Transaction Types

LyonsBarry® / Ballia Corpus may provide products and services including:

B2C retail sales
B2B wholesale sales
Domestic sales
International/export sales
Private-label products
Contract manufacturing
Third-party manufacturing
Repacking and relabelling
Product sourcing/procurement
Customized formulations
Customized packaging and artwork
Related documentation and fulfilment services

The specific terms applicable to an order may vary according to the quotation, proforma invoice, purchase order, manufacturing agreement or other written confirmation issued for that transaction.

2. Quotations & Prices

All quotations are subject to product specifications, quantity, packaging, formulation, artwork, documentation, regulatory requirements, shipping method and other assumptions stated in the quotation.

Unless expressly stated otherwise:

Quotations are not purchase confirmations.
Prices may change before order confirmation.
Taxes, duties, customs charges and shipping charges may be additional.
A quotation does not guarantee availability of raw materials, packaging or manufacturing capacity.
A quotation may expire after the validity period stated on it.

A transaction becomes binding when the order is accepted and/or payment is received and confirmed by LyonsBarry, subject to the applicable quotation and transaction documents.

3. Purchase Orders & Order Acceptance

A customer purchase order, online order, email confirmation, WhatsApp confirmation or other written instruction may constitute an order request.

LyonsBarry reserves the right to accept, reject or modify an order where reasonably necessary due to:

Product availability
Regulatory restrictions
Manufacturing limitations
Incorrect specifications
Pricing errors
Payment issues
Destination-country restrictions
Compliance concerns
Customer-provided information
Other legitimate commercial or legal reasons

4. Payment

Payment terms are determined by the applicable quotation, proforma invoice or written agreement.

For manufacturing, private-label, customized or special orders, advance payment may be required before procurement, production, artwork, packaging or other work begins.

The customer is responsible for ensuring that payment is made in accordance with the agreed payment schedule.

Failure to make a scheduled payment may result in suspension or delay of production, procurement, packaging, dispatch or other services.

Any resulting delay does not automatically constitute a breach by LyonsBarry.

5. Manufacturing & Customized Orders

For private-label, contract manufacturing, third-party manufacturing, repacking and customized orders, production may commence only after required approvals and information have been received.

These may include:

Final product specifications
Approved formulation
Artwork
Packaging specifications
Label information
Quantity confirmation
Customer declarations
Regulatory information
Shipping information
Required advance payment

Once procurement, formulation, production, packaging, printing, repacking, labelling or other customized work has commenced, cancellation may be restricted and additional costs may become payable.

6. Customer-Supplied Formula, Artwork & Specifications

Where the customer supplies a formulation, specification, artwork, trademark, label, packaging design, claims, instructions or other material, the customer is responsible for ensuring that the supplied material is accurate and legally usable.

The customer represents that they have the necessary rights, permissions, licences and authority to use such materials.

LyonsBarry is not responsible for infringement, regulatory non-compliance or claims arising solely from customer-supplied intellectual property, artwork, claims, instructions or specifications.

Where requested, LyonsBarry may identify apparent technical or compliance issues, but such review does not constitute legal or regulatory approval unless expressly agreed in writing.

7. Regulatory & Legal Compliance

Customers are responsible for determining the regulatory requirements applicable to their intended market, business model and product claims.

For export transactions, the customer/importer is responsible for applicable destination-country requirements, including where applicable:

Import permits
Product registration
Product notifications
Licences
Customs requirements
Health authority requirements
Label requirements
Advertising restrictions
Prescription/OTC requirements
Quantity restrictions
Duties and taxes

LyonsBarry may provide commercially available product or manufacturing documentation where agreed, but does not guarantee approval by a foreign government, customs authority, health authority or regulatory agency unless expressly agreed in a separate written agreement.

8. Private Label & Brand Ownership

The customer retains responsibility for trademarks, brand names, logos, slogans, artwork and other intellectual property supplied by the customer.

The customer must have the legal right to use such intellectual property.

LyonsBarry does not acquire ownership of the customer’s trademarks or brand assets merely by manufacturing, packaging or supplying products.

Unless separately agreed in writing, payment for manufacturing services does not automatically transfer ownership of manufacturing processes, proprietary know-how, supplier information, standard formulations, internal documents or other intellectual property belonging to LyonsBarry or its manufacturing partners.

9. Formulations & Product Development

Where a formulation is developed specifically for a customer, ownership, exclusivity and permitted use will depend on the written agreement or quotation.

Unless expressly agreed in writing, payment for product development does not automatically grant worldwide exclusive rights to a formulation, ingredient combination, manufacturing process or technical concept.

Any exclusivity must be expressly documented, including its territory, duration, product scope and commercial conditions.

10. Manufacturer & Supplier Confidentiality

LyonsBarry may coordinate manufacturing, procurement or fulfilment through third-party manufacturers, suppliers, laboratories, packaging companies, logistics providers or other service providers.

Supplier and manufacturer identities, commercial sources, pricing arrangements and supply-chain information may constitute confidential commercial information.

Unless expressly agreed otherwise, customers may not directly approach, bypass, solicit, contract with or use information provided by LyonsBarry to circumvent LyonsBarry’s commercial relationship with its manufacturers or suppliers.

This provision does not prevent a customer from exercising any mandatory legal right that cannot lawfully be restricted.

11. MOQ & Production Quantity

Manufacturing orders are subject to the agreed minimum order quantity (MOQ).

Reasonable production variation may occur due to manufacturing, filling, packaging or process requirements.

Unless a specific tolerance is expressly agreed in writing, minor quantity variations within commercially reasonable manufacturing tolerances do not automatically constitute a defective or non-conforming order.

12. Production & Delivery Timelines

Standard order processing may require approximately 7–15 business days.

Customized, private-label, contract manufacturing, third-party manufacturing and repacking orders may require approximately 30–45 days or longer before dispatch, depending on product complexity, raw materials, packaging, artwork, approvals, production capacity and documentation.

All timelines are estimates unless LyonsBarry expressly provides a written guaranteed deadline.

Delays caused by suppliers, manufacturers, raw-material shortages, packaging shortages, customs, regulatory authorities, courier services, government action or force majeure do not automatically constitute a breach of contract.

13. Inspection & Acceptance — B2B / Manufacturing Orders

B2B and manufacturing customers should inspect products promptly after delivery.

Any apparent shortage, visible damage, incorrect product or material non-conformity should be reported within 72 hours of confirmed delivery, together with appropriate evidence.

For manufacturing or customized orders, the customer should raise quality or specification objections within the period specifically stated in the applicable quotation, agreement or invoice.

Failure to report an apparent issue within the applicable period may be considered acceptance of the goods, subject always to applicable law and any express warranty or contractual obligation.

14. Samples & Approval

Where samples, artwork proofs, specifications or pre-production approvals are provided, the customer is responsible for carefully reviewing and approving them.

Once a customer approves artwork, formulation, specifications, packaging or other production information, LyonsBarry may proceed based on the approved version.

Errors introduced or overlooked in customer-approved material are the customer’s responsibility unless caused by a separate manufacturing error attributable to LyonsBarry.

15. Cancellation

Cancellation is not automatically available after manufacturing, procurement, production, printing, packaging, repacking, labelling, customization or other fulfilment activities have commenced.

For standard retail orders, cancellation is governed by the applicable Return, Refund & Cancellation Policy.

For B2B, private-label, contract manufacturing and customized orders, cancellation terms may additionally be governed by the quotation, proforma invoice, purchase order or manufacturing agreement.

Any amounts already spent or irrevocably committed for customized work, raw materials, packaging, printing, production or other services may be non-refundable where legally permissible.

16. Returns & Refunds

B2B, private-label, contract manufacturing, third-party manufacturing and customized orders are generally not eligible for voluntary return or exchange because they are manufactured, procured, packed or customized according to customer requirements.

Retail returns, damaged products, incorrect products and refund requests are governed by the separate Return, Refund & Cancellation Policy.

Nothing in these Terms excludes any mandatory statutory right or remedy that cannot legally be excluded.

17. Domestic & International Shipping

Domestic delivery is generally estimated at 7–15 days after dispatch.

International delivery is generally estimated at 7–35 days after dispatch.

Customs clearance has no guaranteed deadline.

The customer/importer is responsible for applicable destination-country duties, taxes, permits, licences, customs requirements and other import obligations unless expressly agreed otherwise.

Shipping matters are governed by the separate Shipping & Delivery Policy.

18. Customs & Export Compliance

The customer is responsible for providing accurate information required for export and import processing.

If a shipment is delayed, detained, rejected, returned, abandoned or destroyed because of customs requirements, destination-country restrictions, customer information, unpaid duties/taxes, missing permits or recipient non-cooperation, the customer may be responsible for resulting costs to the extent permitted by law and the applicable transaction terms.

LyonsBarry does not guarantee customs clearance in any destination country.

19. Taxes, Duties & Government Charges

Unless expressly stated otherwise, customers are responsible for applicable taxes, customs duties, import charges, brokerage charges, storage charges, regulatory fees and other government or carrier charges associated with their transaction.

For international transactions, the customer/importer is responsible for destination-country tax and import obligations.

20. Risk, Title & Delivery

Transfer of title and risk may depend on the applicable quotation, invoice, Incoterm or written agreement.

Where an Incoterm is expressly specified, that Incoterm will govern the relevant allocation of delivery responsibilities, costs and risk.

If no specific Incoterm is stated, the transaction will be interpreted according to the applicable invoice, shipping arrangement and governing law.

21. Product Information & Claims

Product descriptions, specifications, images, suggested uses and other information are provided for informational and commercial purposes.

Customers are responsible for ensuring that final product claims, advertising, promotional statements, labels and marketing materials used in their market comply with applicable law.

LyonsBarry does not authorize customers to make unapproved medical, therapeutic, disease-treatment or other regulated claims merely because information appears on a quotation, catalogue, website or product specification.

22. B2B Customer Responsibility

B2B customers are responsible for:

Their business licences and registrations
Product registration where required
Import/export permissions
Local regulatory compliance
Advertising compliance
Product storage
Distribution conditions
Customer-facing claims
Taxes and commercial obligations
Compliance of their own sales channels

The customer’s resale of products does not transfer the customer’s legal or regulatory responsibilities to LyonsBarry.

23. Repacking & Relabelling

Where LyonsBarry provides repacking, relabelling or similar services, the customer is responsible for the legality and accuracy of customer-supplied labels, claims, trademarks, instructions and specifications unless LyonsBarry has expressly accepted responsibility for those items in writing.

Additional work caused by changes, corrections or customer errors may result in additional charges and revised timelines.

24. Intellectual Property

All trademarks, logos, website content, photographs, original designs, documents, commercial materials, proprietary information, technical information and other intellectual property belonging to LyonsBarry remain the property of LyonsBarry or their respective owners.

No licence or ownership is transferred merely because a customer purchases products or manufacturing services.

Customers must not copy, reproduce, modify, redistribute or commercially exploit LyonsBarry’s proprietary materials without authorization.

25. Confidentiality

Commercial quotations, pricing, formulations, manufacturing information, supplier information, technical documents, business processes and other non-public information exchanged during a transaction should be treated as confidential where reasonably understood to be confidential.

Specific confidentiality or non-disclosure obligations may be established through a separate NDA or written agreement.

26. Fraud, Misrepresentation & Abuse

LyonsBarry may investigate transactions where there are reasonable indications of:

False identity or business information
Fraudulent payment
False damage claims
False non-delivery claims
Manipulated evidence
Product substitution
Duplicate refund claims
Abuse of promotional offers
False chargeback claims
Unauthorized resale or misuse of confidential information
Circumvention of agreed commercial arrangements
Other fraudulent or materially misleading conduct

Where permitted by law, LyonsBarry may suspend, reject or restrict transactions associated with confirmed fraudulent or abusive activity.

Relevant transaction, payment, communication, production, shipping and delivery records may be retained and used for legitimate fraud prevention and dispute resolution.

27. Chargebacks & Payment Disputes

Customers are requested to contact LyonsBarry before initiating a payment dispute where the matter can reasonably be investigated or resolved directly.

If a chargeback or payment dispute is initiated, LyonsBarry may provide relevant transaction evidence to the payment processor, acquiring bank, issuing bank, card network or other authorized dispute-resolution entity.

Evidence may include:

Order confirmation
Accepted Terms & Conditions
Invoice
Payment information available to us
Customer communications
Production records
Packing records
Shipping records
Tracking information
Delivery confirmation
Refund records
Other relevant transaction evidence

A customer must not obtain or retain duplicate compensation for the same transaction through both LyonsBarry and a payment dispute, refund or other recovery mechanism.

28. Limitation of Liability

To the maximum extent permitted by applicable law, LyonsBarry shall not be responsible for indirect, incidental, consequential, special or business losses arising from delays, customs actions, regulatory decisions, courier failures, market conditions, customer misuse, unauthorized claims or circumstances outside our reasonable control.

For B2B transactions, and to the maximum extent legally permitted, LyonsBarry’s liability relating to a particular order shall not exceed the amount actually paid to LyonsBarry for the specific goods or services giving rise to the claim, except where such limitation is prohibited by applicable law or expressly varied by written agreement.

29. Force Majeure

LyonsBarry shall not be liable for failure or delay caused by circumstances beyond reasonable control, including natural disasters, war, civil unrest, strikes, epidemics, government action, regulatory restrictions, customs delays, transport disruption, supplier failure, raw-material shortages, power failures, fires, floods or other extraordinary events.

Where reasonably possible, LyonsBarry will take commercially reasonable steps to resume performance.

30. Customer Indemnification

To the extent permitted by law, the customer agrees to indemnify and hold LyonsBarry harmless against claims, losses, penalties, costs or liabilities arising from:

Customer-supplied trademarks or artwork
Customer-supplied formulations or specifications
Unauthorized product claims
Customer’s regulatory non-compliance
Illegal resale or distribution
Incorrect customer information
Customer misuse of products
Customer’s violation of third-party rights
Customer’s breach of these Terms
Customer’s fraudulent or misleading conduct

This clause does not apply to the extent a claim is caused by LyonsBarry’s own legally established breach, negligence or misconduct.

31. Dispute Resolution

Customers should first contact LyonsBarry in writing to allow reasonable opportunity for investigation and resolution.

For transactions governed by Indian law, these Terms shall be interpreted in accordance with applicable laws of India.

Subject to mandatory applicable law, courts having appropriate jurisdiction in Karnal, Haryana, India may have jurisdiction over disputes relating to transactions with LyonsBarry / Ballia Corpus.

Nothing in this clause is intended to remove or restrict any mandatory consumer protection, statutory remedy or jurisdictional right that cannot legally be excluded.

32. Electronic Records

Electronic records may be maintained for:

Orders
Quotations
Invoices
Payments
Policy acceptance
Emails
Messages
Artwork approvals
Manufacturing approvals
Production
Packing
Shipping
Delivery
Refunds
Complaints
Disputes
Chargebacks

Such records may be used as business, accounting, compliance, fraud-prevention and dispute-resolution records, subject to applicable law.

33. Policy & Contract Precedence

Where specific written commercial terms exist for a transaction, including a signed manufacturing agreement, quotation, proforma invoice, purchase order accepted by LyonsBarry, NDA or other written agreement, those specific terms may govern the relevant transaction to the extent they expressly address the issue.

Otherwise, these Terms & Conditions and the applicable website policies will apply.

34. Policy Updates

LyonsBarry may update these Terms & Conditions when reasonably necessary due to changes in business practices, products, services, law, technology or regulatory requirements.

The version applicable to a particular transaction will be determined according to the transaction records maintained for that order.

35. Statutory Rights

Nothing in these Terms & Conditions is intended to exclude, restrict, waive or override any statutory right, consumer protection, warranty, remedy or legal protection that cannot lawfully be excluded or waived.

Where mandatory law conflicts with a provision of these Terms, the mandatory law will prevail to the extent of the conflict.

Acceptance

By placing an order, making payment, accepting a quotation/proforma invoice, approving artwork/specifications, or requesting manufacturing, private-label, repacking or related services, the customer confirms that they have read and accepted these Terms & Conditions and the policies applicable to their transaction.

LyonsBarry® / Ballia Corpus
India