Last Updated: [Date]
Welcome to [Website Name] (“we,” “us,” “our”), operated by [Company Legal Name], a company registered in India with its registered office at [Full Address]. These Terms and Conditions (“Terms”) govern your access to and use of [website URL] (the “Website”) and any purchase of gifts, flowers, or other products listed on it.
By using the Website or placing an order, you agree to these Terms. If you do not agree, please do not use the Website.
1. Definitions
- “You”/”User”/”Customer” means any person who accesses the Website or places an order.
- “Products” means all items listed for sale on the Website, including but not limited to gifts, flowers, hampers, cakes, and personalized items.
- “Order” means a request placed by you to purchase Products through the Website.
2. Eligibility
You must be at least 18 years old and capable of entering a legally binding contract to use this Website. If you are placing an order on behalf of a minor (e.g., as a gift recipient), you confirm you have the authority to do so.
3. Account Registration
- You may need to create an account to place an order. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to provide accurate, current, and complete information during registration and to update it as needed.
- We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.
4. Products, Pricing & Availability
- All Products are subject to availability. We reserve the right to discontinue any Product without notice.
- Prices are listed in [INR/currency] and are inclusive/exclusive of applicable taxes as indicated at checkout.
- Product images (especially for flowers, cakes, and hampers) are for representation purposes. Actual color, size, and packaging may vary slightly due to factors like seasonal availability, screen settings, or handmade variation.
- We reserve the right to correct pricing or listing errors at any time, including after an order is placed, and to cancel affected orders with a full refund.
5. Order Acceptance & Cancellation
- Placing an order is an offer to purchase. An order is confirmed only when you receive an order confirmation email/SMS from us — not merely upon submission.
- We reserve the right to refuse or cancel any order for reasons including but not limited to: product unavailability, pricing errors, suspected fraud, or inability to deliver to the specified address.
- Customer-initiated cancellations: Orders for perishable items (flowers, cakes, fresh produce) can typically be cancelled only within [X hours] of placing the order, before processing begins. Non-perishable gift items may be cancelled any time before dispatch. Once an order is out for delivery, it cannot be cancelled.
6. Payment Terms
- We accept payment via [credit/debit cards, UPI, net banking, wallets, etc.] through our secure third-party payment gateway partners.
- We do not store your full card/payment details on our servers.
- In case of payment failure after debit, refunds (if applicable) will be processed within [X business days] to the original payment method.
7. Shipping & Delivery
- Delivery timelines shown at checkout are estimates and not guaranteed, though we make reasonable efforts to meet them.
- Flowers and perishables: Given the time-sensitive nature of these items, delivery slots (e.g., same-day, fixed-date) are booked on a best-effort basis. Delays due to traffic, weather, courier constraints, or incorrect address details are outside our control, though we will attempt to notify you of any known delay.
- It is your responsibility to provide an accurate delivery address and a reachable contact number for the recipient. We are not liable for non-delivery or delay caused by incorrect/incomplete information.
- Risk in the Products passes to you (or the recipient) upon delivery.
- We currently deliver to [list of serviceable cities/pin codes, or “select locations across India” — link to a serviceability checker if you have one].
8. Returns, Refunds & Replacements
- Perishable items (flowers, cakes, fresh hampers): Given their nature, these are generally not eligible for return. If the product delivered is damaged, wilted, spoiled, or materially different from what was ordered, you must report it with photographic evidence within [X hours, e.g., 4–24 hours] of delivery to [support email], and we will offer a replacement or refund at our discretion.
- Non-perishable gift items: May be returned within [X days] of delivery if unused, in original packaging, and accompanied by proof of purchase, subject to inspection. Certain items (e.g., personalized/customized products, perishables, items marked non-returnable) are not eligible for return.
- Approved refunds will be processed to the original payment method within [X business days] of us receiving/approving the return.
- We reserve the right to refuse a return or refund if the claim appears fraudulent or the product shows signs of misuse.
9. Customization & Personalized Orders
- For personalized/customized gifts (engraved items, custom messages, photo products), you are responsible for the accuracy of text, images, and instructions provided at the time of order. We are not liable for errors arising from information you supplied.
- Customized orders, once confirmed and in production, generally cannot be cancelled or modified.
10. Intellectual Property
All content on the Website — including logos, product photography, text, graphics, and design — is the property of [Company Legal Name] or its licensors and is protected under applicable Indian intellectual property laws. You may not reproduce, copy, or use this content without our prior written consent.
11. User Conduct
You agree not to:
- Use the Website for any unlawful purpose or in violation of these Terms.
- Attempt to gain unauthorized access to our systems or interfere with the Website’s functioning.
- Post or transmit any harmful, defamatory, or infringing content (e.g., in reviews or customization fields).
- Use automated means (bots, scrapers) to access the Website without our permission.
12. Limitation of Liability
To the fullest extent permitted by law, [Company Legal Name] shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Website or Products, including but not limited to loss of sentimental value, missed occasions, or emotional distress arising from delivery delays. Our total liability for any claim shall not exceed the amount paid by you for the relevant order.
13. Indemnification
You agree to indemnify and hold harmless [Company Legal Name], its officers, employees, and partners from any claims, damages, or expenses arising from your breach of these Terms or misuse of the Website.
14. Privacy
Your use of the Website is also governed by our [Privacy Policy], which describes how we collect, use, and protect your personal information, in line with applicable Indian data protection law.
15. Third-Party Links & Services
The Website may contain links to third-party sites (e.g., payment gateways, social media). We are not responsible for the content or practices of these third parties.
16. Force Majeure
We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, strikes, government restrictions, courier disruptions, or public health emergencies.
17. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India. Subject to applicable consumer protection provisions, any disputes shall be subject to the exclusive jurisdiction of the courts at [City, e.g., Delhi].
18. Amendments
We reserve the right to update or modify these Terms at any time. Changes will be effective upon posting to the Website. Continued use of the Website after changes constitutes acceptance of the revised Terms.
19. Grievance Officer / Contact Us
In accordance with applicable Indian IT and consumer protection regulations, grievances may be addressed to:
Grievance Officer: [Name] Email: [email] Phone: [phone number] Address: [registered address]
For general queries, contact us at [support email] or [support phone number].