The company providing the online store and delivery service. Customer: The person using the online store and delivery service. Products / Goods: Products ordered by the customer. Perishable Goods: All products in the Flowers, Cakes and chocolates and Indian Sweets sections. Non – Perishable Goods: All other products except perishable products. Products: The products delivered to the recipient will be generally as per the description of the article and as per the picture chosen by the customer. In using the sendcakesroses.com, shopping service, of sendcakesroses.com online services you (The Customer) are deemed to have accepted the terms and conditions listed below.
sendcakesroses.com reserves the right to add, delete, alter or modify these terms and conditions at any time. The Customer is therefore advised to read carefully these terms and conditions each time he or she uses the shopping service(s) of sendcakesroses.com. By placing an order the client is authorizing the company to pass on the order to the respective merchant / vendor and make sure the product is delivered to the given address. While rendering the service the company is acting only as an authorized representative of the client and not as his agent or in any other capacity. The company shall be handling the material only as a service provider and its liability shall be restricted to that of a bailee under the contract Act. Nothing contained herein shall create or be deemed to create or construe a relationship between the parties such that sendcakesroses.com is regarded as a seller or purchaser of the Vendor / Merchant’s products and all sales and purchases of the Vendor / Merchant’s products pursuant to an order placed on the sendcakesroses.com are transactions between the customer placing an order for the same on the sendcakesroses.com and the Vendor / Merchant. sendcakesroses.com is an online store for the vendor / merchants to host and sell his merchandise and a facilitator of the sales contemplated herein. sendcakesroses.com will bill the customer shipping charges for the delivery and execution of the order placed by the customer. The agreement between you and the sendcakesroses.com shall be subject to the following terms and conditions :
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail not with standing any variance with any other terms of any order submitted. By using the Shopping services of sendcakesroses.com you agree to be bound by the Terms and Conditions. The Customer certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian. Charges displayed on the site are inclusive of cost of the product and shipping charges (Details of which is displayed with the order). We accept all International and Indian Credit Cards and also offer payment option through Net-Banking. Customers using foreign and international cards should note that this online payment gateway accepts payments only in Indian Rupees. Therefore, the amount charged is the INR value of the product displayed on the site which is converted into US Dollar or any other foreign currency at the actual prevailing conversion rate while passing on the order to the payment gateway. Similarly for any applicable refunds the full INR amount which has been charged is refunded which is converted into US Dollar or any other foreign currency at the actual prevailing conversion rate. The difference if any in the refund and amount charged is due to the fluctuation of the conversion rate. In some cases where an international credit card has been used the Credit Card Issuing Company levies a transaction charge for any charge / refund issued. The applicable charge is decided by the issuing bank. sendcakesroses.com would refund only the amount charged in INR as displayed on the website. sendcakesroses.com is not responsible for any charge levied by the credit card Issuing bank for the foreign transaction. All prices are in INR and the US Dollar price shown on the site has been calculated for the purpose of indication only at the conversion rate of INR 53.24 to a US Dollar. All prices and availability of products are subject to change without prior notice at the sole discretion of sendcakesroses.comm. sendcakesroses.com reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed by sendcakesroses.com the same shall be credited to your credit card account and duly notified to you by email. In a credit card transaction, you must use your own credit card. sendcakesroses.com will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the customer and the onus to ‘prove otherwise’ shall be exclusively on the customer. sendcakesroses.com shall try to deliver the product on the ‘preferred date’. Please allow the minimum time required for processing as specified for the product. Time taken during transit/shipping in case it is delivered by courier is extra to the processing time displayed on the site. Delivery shall be made on the ‘preferred day’, or a day earlier or later if it coincides with a festival day or a national holiday. Delivery shall be made in the course of the day, and the customer agrees to refrain from requesting for deliveries at very early or late hours of the day. All attempts will be made to deliver on the preferred date of delivery but sendcakesroses.com will not be held liable if the delivery does not take place on the preferred date. Delivery during festival times will be made during the period as specified on the website and not necessarily on the preferred date as given by the customer. Applicable octroi charges if any, will be collected from the consignee. The products you selected are sourced from different vendors and even though we do put in our best effort to coordinate the delivery of the products together it is not always possible due to different locations and logistic services used by the vendors. Customer Request for cancellations: If the order is not processed, then full refund would be given. If the order is processed from our end , order would be refunded after deducting 10% service fee provided the request is received within 24 hours of placing an order. No refund would be provided for same day delivery category. No request for cancellations would be entertained once the order is shipped In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address, mobile number) any extra cost incurred by www.sendcakesroses.com for redelivery shall be claimed from the Customer placing the order. Perishable goods – For perishable items the delivery will be attempted only once. After the attempt the order will be canceled and no further attempt will be made to deliver it. No refunds or cancellations will be made for perishable goods. Non-perishable goods – Our logistic partners will attempt to deliver the item twice or will try to contact you if the parcel could not be delivered to you due to reasons like Address incorrect, Recipient not available, or it is refused by the recipient . In the unlikely event the product could not be delivered, we will return the goods to www.sendcakesroses.com office in Chennai and the customer will be informed. The goods will be held for 7 days at the office, redelivery to an alternate address can be requested within this period at an additional delivery charge. No refunds will be given to the customer. The only exception will be, if the value of the product exceeds Rs.2000, a cancellation charge of 25% will apply and the balance returned to the customer. www.sendcakesroses.com shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), flood, fire, wars, acts of God, communal riots or any cause that is beyond the control of www.sendcakesroses.com. All shipments to any Hostel / School / College / Call Centers/ Hospitals and BPO are placed at the customer risk. www.sendcakesroses.com under any circumstances will not issue a refund or credit to the customer account nor shall attempt reshipment of the same order. All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent. Due to permanent improvements in product quality, the actual product may occasionally differ from that illustrated or specified in the web site/ catalog. All stated performances, dimensions, weights and sizes are approximates There may be variations in appearance and colors especially in the perishable goods like flowers, cakes and chocolates and Indian Sweets. The non-perishable articles like leather goods, hand made ceramics and silver articles may also have variations as these goods are hand made. The customer agrees to the variations and understands the nature of the variations and allows www.sendcakesroses.com to deliver a product which is similar to the product picture exhibited on the web-site. Flowers specified in the arrangements shown may differ as per the seasonal availability. If the Flowers specified in the arrangements are not available suitable alternatives will be used. We have made every effort to display the color of our products that appear on the site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of color will be accurate. No complaint regarding damaged/defective or quality complaint would be entertained unless the complaint is lodged on our site after the receipt of the product within the specified period ie 7 days for non-perishable and 2 days for perishable products. Warranty, if any, on the goods sold shall be as per the warranty card and can be claimed only form the manufacturer. Taj Online does not give any warranty or assure the quality and/or performance of the goods. The Customer agrees to use the services provided by www.sendcakesroses.com, its affiliates, consultants and contracted companies, for lawful purposes only. The Customer agrees to provide authentic and true information. www.sendcakesroses.com reserves the right to confirm and validate the information and other details provided by the Customer at any point of time. If upon confirmation such Customer details are found not to be true (wholly or partly), www.sendcakesroses.com has the right in its sole discretion to reject the registration and debar the Customer from using the Services of www.sendcakesroses.com Shopping, and / or other affiliated websites without prior intimation whatsoever. www.sendcakesroses.com will not be responsible for any damage suffered by customers from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The Customer expressly agrees that the use of service(s) www.sendcakesroses.com Shopping is at the Customer’s sole risk. The Service(s) of www.sendcakesroses.com Shopping is provided on an “as is” basis without warranties of any kind, whether express or implied. www.sendcakesroses.com its affiliates, employees, agents, consultants, contracted companies make no warranties of any kind, whether expressed or implied, for the service it is providing or as to the results that may be obtained from use of the Service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this Service. We do not claim any right or representation of any of the brands. All brands belong to the respective owners. www.sendcakesroses.com does not have any exclusive selling or distribution rights. All brands are displayed in the catalogue to add variety to the content and allow the customer a wider choice in selection of products. Each manufacturer holds the sole responsibility for the quality and performance of its respective branded products. www.sendcakesroses.com does not represent or warrant to maintain the confidentiality of information; although www.sendcakesroses.com’s current practice is to utilize reasonable efforts to maintain such confidentiality. It is also clearly understood that all warranties, implied or express take place between the vendors and the Customer The customer agrees to defend, indemnify and hold www.sendcakesroses.com and its affiliates harmless from any and all liabilities, costs and expenses, including attorneys’ fees, related to any violation of this Agreement by them or your authorized customers of your account. The customer also agrees to defend, indemnify and hold www.sendcakesroses.com and its affiliates harmless from any and all liabilities, costs and expenses, including attorneys’ fees, in connection with the use of the Service or the placement or transmission of any message or information or other materials by you or authorized customers of your account. This agreement shall be construed in accordance with the applicable laws of India. The Courts at Chennai shall have exclusive jurisdiction in any proceedings arising out of this agreement. www.sendcakesroses.com may at any time be able to modify the Agreement without any prior notification to you. Subsequent to any modified Agreement if you use the service you shall be deemed to have agreed to accept and abide by the modified Agreement