By using this Portal the user has unconditionally accepted the terms and conditions of use as given hereunder and/or elsewhere in the site.
The user may carefully read all the information on products and services as provided in relevant sections and in FAQs before placing an Order.
- This Terms of Service Agreement (the “Agreement”) governs your use of the website, Giftsmyntra.com. Giftsmyntra.com offers products for purchase on this Website. Giftsmyntra.com reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Giftsmyntra encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
- The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
- For Big Festival / Occasion like Valentine’s Day, Mother’s Day, Diwali and Rakhi, please note the cut-off time for express order placing for timely delivery in given below –
For Metro Cities – We accept orders 24 hours (1day before till 9 am IST) before the Occasion Date. ( Ex: Kolkata, New Delhi, Mumbai, Ahmadabad, Chennai etc.)
For Non Metro Cities – We accept orders 24 hours -36 (1-2 days before till 8 am IST) before the Occasion Date. ( Ex: Vadodara, Pune, Kochi, Raipur, Bhopal etc.)
For Town and Villages – We accept orders 48 hours (2day before till 8 am IST) before the Occasion Date. ( Ex: Moga, Kollam, Navsari, kanchipuram, etc.)
For orders which are placed thereafter it will be processed on a priority basis and we will always try to deliver on date but cannot guarantee the same.
If not delivered on that exact occasion date like Valentine’s Day, Mother’s Day, Diwali or Rakhi, these orders would be get delivered on next day of the Big occasion Day.
For Gifts by Courier Delivery will require shipping time as mentioned in the product description.
The order received after the mentioned cut-off time will be delivered as per mentioned date on our Terms. If you want to cancel the order and want refund for those which you have placed after cut-off time, 90% of the order amount will be refunded (if the order has not been processed for delivery or been shipped already) after 10% deduction on account of Bank charges and other processing overheads.
- Since flower arrangements and Cake are hand-made items, hence the actual arrangement of design may slightly vary from the picture shown depending on your delivery location. However, we will try to make sure that we deliver those mentioned item as close as possible to the description/ photograph shown.
- We are a service which acts as an intermediary for users, who want to send gifts to India, and vendors who sell the gift items. If and when the Vendor sends the product directly to the delivery location we do not take any responsibility for any expenses, losses, quality of products or services, damages and / or taxes / incurred by Vendors / Users in the use of our service. The price of the Product inclusive of Vendor Cost, Taxes and Service Charges.
- In certain unconventional cases for perishable if the items like sweets / flowers / cakes / chocolates/ fruits are not available in your selected city / town/ destination on your given delivery date; it will be replaced with same or almost identical available item(s) of equal or higher value to schedule the delivery timely.
- For perishable item delivery such as flowers/ cake/ sweets/ Fruits etc. the delivery would be attempted only once. If the delivery is not executed during that attempt due to incorrect or inaccurate address, recipient not being at home, address found locked or refusal to accept, the customer shall still be charged for the order. No refunds would be entertained for such cases. For perishable items delivery address redirection to different address delivery is not possible, if product procured already and your recipient instructed to deliver to any other address than the address given by you, then we will keep the product in shop and you have to collect from our shop or will deliver the same purchased products to your given address when the recipient is available.
- For non perishable item delivery , if the shipment or product is get returned back to our office due to the address being incorrect or wrong phone number provided by sender or recipient has shifted / door locked, we will intimate the sender by email and if sender willing to pay additional charges to process the order again, then only it will be executed otherwise it will be consider as delivered.
- To update our product range on site from time to time, we make changes in the Content in the products or services described on this Site. The prices listed on this Site are for Online orders. Prices and the availability of items are subject to change without notice. Any prices used on this Site may not be indicative of the actual selling prices in your area. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors.
- For perishable items like flower/ cake/ fruits/sweets please request the recipient to check the quality at the time of receiving it. Cake should be refrigerated immediately. If there are any inconsistencies found in quality or product the complain should be reported within 4 hours of delivery time else we will consider the item as used and any request to replace the same will be rejected.
- In case of non perishable items, for the delivered gifts are found damaged or wrong product delivery, please inform customer care within 5 working days. Arrange to send the image of the damaged gifts or wrongly delivered gifts to customer support & preserve the original packaging of the item. We will replace the item accordingly. Any complain receive after 5 working days will not be accepted.
- All deliveries will be done between 10 AM to 7 PM IST. If you have mentioned a specific time of delivery, we will try our level best to follow the same. But during Occasion and Festival Like Rakhi , Valentine’s Day, Mother’s Day etc. it may not be possible to assure the delivery timing due to heavy order pressure. Products which are couriered can only be delivered at a residence or a business address, they cannot be delivered to a wedding hall or a function hall. Products which are delivered by hand can be delivered to any given address.
- Midnight Gift Delivery Service available for mentioned metro cities only in the relevant page. Midnight Delivery timing is between 23:30 Hrs to 00:30 Hrs. We shall only accept orders for Same Day Delivery and Midnight Delivery till 1 pm IST. Order received after cut-off time will be processed for next day daytime delivery.
- The Billing /sender’s will be disclosed to the recipient. In case the name which you want mentioned with the gifts is different than the Billing name or you do not want to disclose the name for surprise, please email us the instruction at email@example.com.
- For deliveries to business addresses, if the recipient is not available at the time of delivery or he/she does receive the gifts personally, we will deliver the gifts to the security or other office staff. It will be the responsibility of the recipient to collect the same from the office staff or security.
- The date of delivery selected by you will only be applicable for perishable gifts like flowers, cakes, fruits etc. Other than flower/ Cake, Gifts will be deliver by Courier (like Gift vouchers, perfumes, watches, selected Chocolate, selected Sweets etc) and may not be delivered on a specific date. We will email you a tracking no. once the items are couriered. In case we receive the order 2-3 days before the delivery date, then the order can be delivered right on time.
- Before Shipping the Electronic Items, we will open the box to check the product and quality. After checking it will be re packed and gift wrapped, then it will be shipped to the recipient.
- Local government charges like octroi if applicable will be paid by the recipient and will be reimbursed by the company with same value gifts.
- Requests for cancellation of orders will not be entertained except for the goods or service not available on your desired destination. Except flower and cake other item will be delivered as per mentioned shipping declaration. If you want to cancel the order which we can deliver as per our mentioned delivery details, then 90% of the order amount will be refunded after 10% deduction on account of Bank charges and other processing overheads.
- We reserve the right to cancel any order without providing any reason. This is regardless of whether the payment has been confirmed / received. Complete refund for the cancelled orders will be processed. Refund can take sometimes upto 7 days to effect.
- The user agrees to provide the correct and authentic information which is absolutely accurate as well. We reserve the right to confirm or recheck the information provided by the user. We also reserve the right to prohibit any user to use Giftsmyntra.com and may reject or cancel his/her registration with the site without providing any reason whatsoever.
- The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
- Giftsmyntra.com will not be held responsible for any credit card fraud that occurs on this website. We do not receive any of your card/bank details on our website, it is only received by the bank on their secured server. Users are requested to use their card details only when they make the payments. The liability of using a fraudulent credit card lies completely on the user and the responsibility to pay.
- We will not be held liable for any delay / non-delivery of the order by the vendors due to any natural calamities or any political turmoil’s. For such orders the company can assure a complete refund.
Content: Giftsmyntra does create the content on this Website; such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Giftsmyntra does not endorse the contents on any such third-party websites. It is not responsible for any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
- Use of Website: Giftsmyntra is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
- License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Giftsmyntra.com or the applicable third party (if third party content is at issue).
- Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Giftsmyntra a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Giftsmyntra does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Giftsmyntra reserves the right, but has no obligation, to monitor interactions between and among users of the Website.
- LIMITATION OF LIABILITY
Giftsmyntra.com will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
- AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: Giftsmyntra will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott.
Governing Law, Jurisdiction: This Website originates from the Kolkata, India. This Agreement will be governed by the laws of the State without regard to its conflict of law principles to the contrary. Neither you nor Giftsmyntra will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of West Bengal. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within 1year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination: Giftsmyntra reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Giftsmyntra may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Giftsmyntra.com reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Giftsmyntra chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use: Giftsmyntra.com makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone Giftsmyntra may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
- If the user has any questions or doubts in regard to any of the terms & conditions set out herein, he should seek clarifications from us through email (info@Giftsmyntra.com) or call us at 9038639006 and Please wait for a written clarification before using the service.
The user of Giftsmyntra.com is presumed to have read all the mentioned terms and conditions herein and FAQ and is deemed to have agreed, understood and accepted unconditionally all the terms, conditions, procedures and risks of using the services and cannot at any time claim ignorance of any or all of them. In event of any disputes between the parties in connection with any provision, both the parties hereto, shall endeavour to settle dispute amicably. All the disputes will subject to the Judiciary of Kolkata Jurisdiction only.