Terms & Conditions
TERMS & CONDITIONS
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions relating to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.gourmetdelight.in (hereinafter referred to as "Website") is owned by Anaya Retailers Private Limited a company incorporated under the Companies Act, 1956 with its registered office at Thank God Building Flat No. 6, First floor as Thank God, situated at C. T.S. No. 1024, Plot No.176, Station Avenue Road, Chem bur, Mumbai – 400071, (hereinafter referred to as Gourmetdelight)
Your use of the Website and services and tools are governed by the following terms and conditions ( "Terms & Conditions") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You ( the user) transact on the Website, You shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website, You shall be contracting with Ana ya Retailers Private Limited and these terms and conditions including the policies constitute Your binding obligations with Gourmetdelight.
For the purpose of these Terms & Conditions, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User. Gourmetdelight allows the User to surf the Website but for making purchases you are required to register on the Website. The term "We", "Us", "Our" shall mean Ana ya Retailers Private Limited/ Gourmetdelight.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website by law. If you are a minor which means your are under the age of 18 years, you shall not register as a User of the Gourmetdelight website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Gourmetdelight reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Our notice that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize for their transactions. To buy products or to register as a seller. Gourmetdelight is not and cannot be a party to or control in any manner any transaction between the Website's Users which is not a part of the general transaction on the site.
1. Gourmetdelight does not make any representation or Warranty as to specifics (such as quality, value, usability) of the products offered to be sold on the Website. Gourmetdelight does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Gourmetdelight accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2. At no time shall Gourmetdelight hold any right, title or interest over the products nor shall Gourmetdelight have any obligations or liabilities in respect of such tranactions. Gourmetdelight is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered,
3.You release and indemnify Gourmetdelight and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Gourmetdelight cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please exercise caution while trading on the website.
Please note that there could be risks in dealing with underage persons or people acting under false presence.
Membership on the Website is free for buyers. Gourmetdelight does not charge any fee for browsing and buying on the Website. Gourmetdelight reserves the right to change its Fee Policy from time to time. In particular, Gourmetdelight may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Gourmetdelight reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Gourmetdelight.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, defamatory harassing, blasphemous, obscene, pornographic, pedophilia, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) Harasses or advocates harassment of another person;
(f) Involves the transmission of "junk mail" or unsolicited mass mailing or "spamming";
(g) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) Provides information about illegal activities such as making or buying illegal weapons, violating someone's privacy.
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) Interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(s) Intends to harm minors in any way;
(t) infringes upon any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) Deceives or misleads the addressee/ users about the nature of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) Willfully impersonates another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) Is deliberately false, inaccurate or misleading;
(AA) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(AB) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISP s") or other suppliers;
2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. It is within Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Gourmetdelight, Gourmetdelight.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Gourmetdelight or sellers on platform or otherwise tarnish or dilute any Gourmetdelight's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Gourmetdelight's systems or networks, or any systems or networks connected to Gourmetdelight.
6. You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Introit, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
11. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
12. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms & Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. Gourmetdelight shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in Dos/Odds (Distributed Denial of Services).
Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Gourmetdelight does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
Gourmetdelight will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Gourmetdelight does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if We are unable to deliver such Products due to implications of different state laws, Gourmetdelight will return or will give credit for the amount (if any) received from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s
Exceeding the preset limit mutually agreed by You and between "Bank/s", or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, We may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
1. You have specifically authorized Gourmetdelight or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through cheque ,Cash on Delivery in respect of transactions through Payment Facility. Your relationship with Gourmetdelight is on a principal to principal basis and by accepting these Terms & Conditions you agree that Gourmetdelight is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Gourmetdelight's Website that are paid for by using the Payment Facility.
2. You understand, accept and agree that the payment facility provided by Gourmetdelight is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the Transactions on the Gourmetdelight using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Gourmetdelight is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
3.Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract to purchase the products and /or services from Us using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
• You, as a Buyer, may agree through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent notation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate Gourmetdelight Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products ( deemed as non returnable) and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products.
• Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
• Refund shall be conditional and shall be with recourse available to Gourmetdelight in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
4. Gourmetdelight reserves the right to impose limits on the number of Transactions or Transaction Price which Gourmetdelight may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
5. Gourmetdelight reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Gourmetdelight or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. Gourmetdelight may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price for security or other reasons at the discretion of Gourmetdelight. As a result of such check if Gourmetdelight is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
7. In case of refund for Cash on Delivery Gourmetdelight will do so via DD.
Buyer's arrangement with Issuing Bank:
8. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
9. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.