Terms and Conditions
Terms and Conditions
THE AGREEMENT: The use of this website (www.funndelicious.com) and services on this website (www.funndelicious.com) provided by funndelicious® Dot Com Private Limited (hereinafter referred to as "Owner") are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your use of www.funndelicious.com (the "Website (www.funndelicious.com)"), all pages on the Website (www.funndelicious.com) and any services provided by or on this Website (www.funndelicious.com) ("Services").
By accessing either directly or through a hyperlink, the Website (www.funndelicious.com), and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/ or contributors of content. You acknowledge and agree that the Website (www.funndelicious.com) may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected, used and stored.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website (www.funndelicious.com), makes the Website (www.funndelicious.com), and certain Services on it, available to users. Deyomkar Dot Com Private Limited, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
b) You, the User, the Client: You, as the user of the Website (www.funndelicious.com), will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term "User" or "you" shall mean any natural or legal person who person is accessing the Website (www.funndelicious.com). The term '"Your" shall be construed accordingly.
c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website (www.funndelicious.com), You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the Website (www.funndelicious.com) immediately. The Owner only agrees to provide use of this Website (www.funndelicious.com) and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website (www.funndelicious.com) or any Services contained herein. By using this Website (www.funndelicious.com), You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. The Owner assumes no responsibility or liability for any misrepresentation of Your age.
4) ABOUT THE SITE
The Website (www.funndelicious.com) is an online store which carries out sale of the following: Personal Care, Apparels, Gift items etc. We reserve the right to refuse service or refuse to sell the products on the Website (www.funndelicious.com) at our sole discretion to anyone for any reason at any time.
The Website (www.funndelicious.com) does not screen or censor the users who register on and access the Website (www.funndelicious.com). You assume all risks associated with dealing with other users with whom you come in contact through the Website (www.funndelicious.com). You agree to use the Website (www.funndelicious.com) only for lawful purposes without infringing the rights or restricting the use of this Website (www.funndelicious.com) by any third party.
5) LICENSE TO USE WEBSITE (WWW.funndelicious.com)
The Owner may provide You with certain information as a result of Your use of the Website (www.funndelicious.com) or Services. Such information may include but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website (www.funndelicious.com) or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website (www.funndelicious.com) and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website (www.funndelicious.com) or Services or at the termination of these Terms of Service.
You agree not to collect contact information of other Users from the Website (www.funndelicious.com) or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted to you by the Website (www.funndelicious.com) and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website (www.funndelicious.com).
6) INTELLECTUAL PROPERTY
You agree that the Website (www.funndelicious.com) and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents and other intellectual property ("Owner IP"). You agree that the Owner owns all right, title and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner.
7) USER OBLIGATIONS
As a user of the Website (www.funndelicious.com) or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website (www.funndelicious.com) and Services. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information, or using the Website (www.funndelicious.com) or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
8) PAYMENT & FEES
Should You register for any of the paid Services on this website (www.funndelicious.com) or purchase any product or service on this website (www.funndelicious.com), You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts ("Fees") will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to purchase.
We reserve the right to refuse service or refuse to sell the products on the Website (www.funndelicious.com) at our sole discretion to anyone for any reason at any time.
9) ACCEPTABLE USE
You agree not to use the Website (www.funndelicious.com) or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website (www.funndelicious.com) or Services in any way that could damage the Website (www.funndelicious.com), Services or general business of the Owner.
a) You further agree not to use the Website (www.funndelicious.com) or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Owner or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
You are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly;
(d) to violate any local, federal or international law, statute, ordinance or regulation;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website (www.funndelicious.com), other website (www.funndelicious.com)s, or the Internet;
(h) to collect or track the personal information of others;
(i) to damage, disable, overburden, or impair the Website (www.funndelicious.com) or any other party's use of the Website (www.funndelicious.com); (j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website (www.funndelicious.com), other website (www.funndelicious.com)s, or the Internet;
(l) to personally threaten or has the effect of personally threatening other Users.
We reserve the right to terminate your use of the Service or any related website (www.funndelicious.com) for violating any of the prohibited uses. The Company has the full authority to review all content posted by Users on the Website (www.funndelicious.com). You acknowledge that the Website (www.funndelicious.com) is not responsible or liable and does not control the content of any information that may be posted to the Website (www.funndelicious.com) by You or other User of the Website (www.funndelicious.com) and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website (www.funndelicious.com) and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
10) COMMUNICATION
You understand that each time uses the Website (www.funndelicious.com) in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website (www.funndelicious.com) including e-mail messages telling you about products and services offered by the Website (www.funndelicious.com) (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website (www.funndelicious.com). You agree that the communications sent to You by the Website (www.funndelicious.com) shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
11) PRIVACY INFORMATION
Through Your Use of the Website (www.funndelicious.com) and Services, You may provide Us with certain information. By using the Website (www.funndelicious.com) or the Services, You authorize the Owner to use Your information in India and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website (www.funndelicious.com) or Services, We may also receive information from external applications You use to access Our Website (www.funndelicious.com), or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website (www.funndelicious.com), including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Owner will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Owner may store some information about You for the future reference for the following number of days: 999. After that time, it will be deleted.
12) SALE OF GOODS/SERVICES
The Owner may sell goods or services or allow third parties to sell goods or services on the Website (www.funndelicious.com). The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any product information and You acknowledge and agree that You purchase such products at Your own risk.
13) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information You provide to us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices are subject to change. For the sale of physical products, We may preauthorize Your credit or debit card at the time You place the order or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: customer.care@funndelicious.com. If You are unhappy with anything You have purchased on Our Website (www.funndelicious.com), You may do the following: The Customer can get the refund only as per Return and Refund Policy of the company We will make reimbursements for returns without undue delay, and not later than: (i) 30 days after the day we received back from you any goods supplied; or (ii) (if earlier) 30 days after the day you provide evidence that you have returned the goods; or (iii) if there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returns
funndelicious® always took utmost care while packing the products to its customer. funndelicious® customer care may be contacted at customer.care@funndelicious.com in case the customer wants to returns the product provided the packaging of the product is intact or in case the customer have received the Defective Product/ Damaged Product / Wrong Product and the condition of the product is same as it was when the customer has received the product. However, funndelicious® does not accept returns in case the product packaging is tampered, opened or the products have been used.
Note: In Case, The Customer has received Defective / Damaged / Wrong Product; they need to send product photo along with video to customer.care@funndelicious.com within 24 hours of receiving the product.
To return any items you can either contact us through phone +91-7838302627 or by sending an email at customer.care@funndelicious.com
Replacement
Replacement can be done under two circumstances:
In case the customer has received damaged/defective/wrong product
To replace any items, please inform at our Customer Care Number at +91-7838302627 or by email at customer.care@funndelicious.com
Once the shipment gets delivered to the customer & they asked for replacement for unwanted, uninterested or wrongly placed products, in these cases so we will not proceed with the replacements
Shipping Charges
In case of “Damaged / Defective / Wrong product received”: The Shipping expenses will be beard from our end. Note: The package will be picked up within 2-4 business days from customer’s end.
After the pickup, we can re-dispatch the product (it will take 5-6 business day for delivery) or can make the refund only
If customer refuse to take COD parcel once so on their next order they must pay additional Rs. 60 as cancellation fee of previous order
Refunds
Once the return is received and inspected, our team will contact the customer to notify you that we have received returned item. We will also notify customer about the approval or rejection of the refund.
Note: Refund will only be done in case the customer has received Damaged/Defective/Wrong Product, Refund will be processed through same mode within 10 working days, Product can be re-dispatched within 24 hours once the reverse product gets delivered back to us
Time Span of Refund: The process of a refund generally takes 7-10 working days.
Mode of Refund:
Paid Through Debit / Credit Card or Net Banking - Customer will receive a full refund to credit or debit card or net banking for the purchase price of the item after approval of damaged/ defective /wrong product, the refund will be reflected to the account/card/wallet in 4-10 working days.
Paid through COD – The Refund will be made through NEFT directly to customer’s bank account. For that customer need to provide their bank details which include the following information:
Name of Account Holder
Bank Name
Bank Account Number
Branch
IFSC Code
Contact Number
Late or missing refunds
If you haven’t received a refund within 7-10 working days after confirmation call from our end, please inform at our Customer Care Number at +91-7838302627 or customer.care@funndelicious.com
Cancellations
Please note that you can cancel your order within 12 hours of placing your order or before it’s dispatched from our end, whichever is earlier.
Note: once the order has been dispatched, it cannot be cancelled under any circumstances & also customer cannot claim for the refund
funndelicious® shall cancel your order under the following circumstances:
Product not available or out of stock: If any particular item is Out of stock for any reason, we shall inform the customer about the same and if the customer do not want to wait for the product to be back in stock, then it will be cancelled after taking prior approval from the customer.
No confirmation or any communication from customer for COD orders: Once any customer places order through COD payment mode, the customer will get a confirmation call from our end, if the customer rejects/fails to attend the confirmation call, then the order will be automatically cancelled from our end without any prior information to the customer.
Note: once the order is cancelled, the customer will get a cancellation E-mail stating the reason behind cancellation from our end.
Area not serviceable: funndelicious® will cancel the order if customer’s shipping address is not serviceable by any of our courier partners.
Any other Reason: funndelicious® shall cancel your order for any other reasons depending on the circumstances and thus reserves the right to discretion as and when said unforeseeable circumstance happens.
If customer has refused or cancelled two or more previous order so the next order will be cancelled automatically. It’s a compulsion to place one order in prepaid mode.
14) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website (www.funndelicious.com) or Services;
b) Violate the security of the Website (www.funndelicious.com) or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
15) DATA LOSS
The Owner does not accept responsibility for the security of Your account or content. You agree that Your use of the Website (www.funndelicious.com) or Services is at Your own risk.
16) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website (www.funndelicious.com) or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be able to select its own legal counsel and may participate in its own defence if the Owner wishes.
17) SPAM POLICY
You are strictly prohibited from using the Website (www.funndelicious.com) or any of the Owner's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
18) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party website (www.funndelicious.com)s or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website (www.funndelicious.com).
19) MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website (www.funndelicious.com) and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the Website (www.funndelicious.com) after any modifications to these Terms of Service is a manifestation of Your continued assent to these Terms of Service.
c) In the event that You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website (www.funndelicious.com). This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website (www.funndelicious.com).
21) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website (www.funndelicious.com) to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website (www.funndelicious.com) may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
22) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of Your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
23) NO WARRANTIES
You agree that Your use of the Website (www.funndelicious.com) and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties that the Website (www.funndelicious.com) or Services will meet Your needs or that the Website (www.funndelicious.com) or Services will be uninterrupted, error-free, or secure. The Owner also makes no warranties as to the reliability or accuracy of any information on the Website (www.funndelicious.com) or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of the loss of Your data from Your use of the Website (www.funndelicious.com) or Services is Your sole responsibility and that the Owner is not liable for any such damage or loss. All information, software, products, services and related graphics are provided on this site is "as is" and "as available" basis with without warranty of any kind, either expressed or implied. The Website (www.funndelicious.com) disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. The company makes no representation about the suitability of the information, software, products, and services contained on this Website (www.funndelicious.com) for any purpose, and the inclusion or offering of any products or services on this Website (www.funndelicious.com) does not constitute any endorsement or recommendation of such products or services. The Website (www.funndelicious.com) makes no warranty that the use of the Website (www.funndelicious.com) will be uninterrupted, timely, secure, without defect or error-free. You expressly agree that use of the site is at your own risk. The Website (www.funndelicious.com) shall not be responsible for any content found on the Website (www.funndelicious.com). Your use of any information or materials on this site or otherwise obtained through use of this Website (www.funndelicious.com) is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website (www.funndelicious.com) meet your specific requirements. The Website (www.funndelicious.com) assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Website (www.funndelicious.com). Any information of third parties or advertisers is made available without doing any changes and so the Website (www.funndelicious.com) cannot guarantee accuracy and is not liable to any inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds, images, text, files, video or other materials posted on, transmitted through, or linked from the Website (www.funndelicious.com), are solely the responsibility of the person from whom such Content originated and the Website (www.funndelicious.com) does not control and is not responsible for Content available on the Website (www.funndelicious.com). There may be instances when incorrect information is published inadvertently on our Website (www.funndelicious.com) or in the Service such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies or omissions, may be corrected at our discretion at any time and we may change or update information or cancel orders if any information in the Service or on any related website (www.funndelicious.com) is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website (www.funndelicious.com), including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website (www.funndelicious.com) should be taken to indicate that all information in the Service or on any related website (www.funndelicious.com) has been modified or updated. The Website (www.funndelicious.com) shall not be responsible for any interaction between you and the other users of the Website (www.funndelicious.com). Under no circumstances will the Website (www.funndelicious.com) be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Website (www.funndelicious.com) is under no obligation to become involved in any disputes between you and other users of the Website (www.funndelicious.com) or between you and any other third parties. You agree to release the Website (www.funndelicious.com) from any and all claims, demands, and damages arising out of or in connection with such dispute. You agree and understand that while the Website (www.funndelicious.com) has made reasonable efforts to safeguard the Website (www.funndelicious.com), it cannot and does not ensure or make any representations that the Website (www.funndelicious.com) or any of the information provided by You cannot be hacked by any unauthorised third parties. You specifically agree that the Website (www.funndelicious.com) shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website (www.funndelicious.com). You hereby agree and confirm that the Website (www.funndelicious.com) shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorized access of the Website (www.funndelicious.com) by third parties or for any such use of the information provided by You or any spam messages or information that You may receive from any such unauthorised third party (including those which are although sent representing the name of the Website (www.funndelicious.com) but have not been authorized by the Website (www.funndelicious.com)) which is in violation or contravention of this Terms of Service or the Privacy Policy. You specifically agree that the Website (www.funndelicious.com) is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Website (www.funndelicious.com) is not responsible for any content sent using and/or included in the Website (www.funndelicious.com) by any third party. The Website (www.funndelicious.com) has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority. You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In no event shall the Website (www.funndelicious.com) be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or to deliver the products or for any information, software, products, services and related graphics obtained through the site, or any interaction between you and other participants of the Website (www.funndelicious.com) or otherwise arising out of the use of the Website (www.funndelicious.com), damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website (www.funndelicious.com) or any of its affiliates/suppliers has been advised of the possibility of damages. If despite the limitation above, the Company is found liable for any loss or damage which arises out of or in any way connected with the use of the Website (www.funndelicious.com) and/ or provision of Services, then the liability of the Company will in no event exceed, 50% (Fifty percent) of the amount you paid to the Company in connection with such transaction(s) on this Website (www.funndelicious.com). You accept all responsibility for and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the Website (www.funndelicious.com), you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site's activities. If you are dissatisfied with the Website (www.funndelicious.com), or the Services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
24) LIMITATION ON LIABILITY
The Owner is not liable for any damages that may occur to You as a result of Your use of the Website (www.funndelicious.com) or Services, to the fullest extent permitted by law. The maximum liability of the Owner arising from or relating to these Terms of Service shall be limited to the amount received from that specific customer or Rs.999/- which ever is high.
25) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website (www.funndelicious.com) or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Delhi, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.
d) NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
g) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax. For any questions or concerns, please email Us at the following address: customer.care@funndelicious.com.
26) COOKIES POLICIES:
This policy frames out all the cookies used at www.funndelicious.com and those used under funndelicious® Dot Com Private Limited. funndelicious® Dot Com Private Limited is the owner of these websites and reserves the right to amend/change the policies as and when required. Our headquarters are at: # 51, Ground Floor, Block-A, Pocket-2, Sector – 11, Rohini, Delhi – 110085, India. By using these sites you are accepting and consenting to the terms of the policy. The policy was last updated on 30th January, 2022.
When you log in to our website/app, the cookies are stored at the backend, these help us to distinguish you from the other users and hence help us to serve you better. It helps us to provide you with a good experience when you browse through our sites/app and allows us to improve.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or other device such as a mobile phone if you agree. Cookies contain information that is transferred to your computer's hard drive.
Following is given a list of cookies used by us:
The essential/necessary cookies: These are the cookies that are required for the operation of the websites. They include, for example, cookies that enable you to log into secure areas of the sites and use a shopping basket.
Performance/Analytical cookies: These cookies analyze the website/app traffic. These allow us to recognize and count the number of visitors and to see how visitors move around the sites when they are using them. This helps us greatly in understanding the customer trends and focus areas and the areas where we need to improve in order to make the experience more pleasant and to ensure that the users find what they are looking for.
Operational cookies: These cookies help to recognize the users who re-visit our sites/app. These help us understand your preferences and choices and help us to serve you with customized results. These cookies are used to remember your name and other details like the pages and products that you browsed when you visited our site/app last time. These help us to address you by your name when you revisit us.
Targeting cookies: These cookies record your visit to the sites/app, the pages you have visited and the links you have followed. We will use this information to make the sites/app and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. We suggest you check the third-party websites for more information about their cookies and how to manage them.
You can block cookies by activating the settings on your browser that allows you to refuse the setting of all or some cookies. However, please note that if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the sites/app.
If you're not aware about the type and version of the web browser, you use to access the Internet please refer to the steps given below:
For PCs: Click on 'Help' tab at the top of your browser window and select the 'About' option
For Macs: With the browser window open, click on the Apple menu and select the 'About' option
To learn more about cookies and how to manage them (including blocking them) visit "http://aboutcookies.org" (opens in a separate window). Please note that we are not responsible for the content of the external websites.
If you would like more information on the cookies that we use, please write to Customer Care at funndelicious® Dot Com Private Limited, # 51, Ground Floor, Block-A, Pocket-2, Sector – 11, Rohini, Delhi – 110085, India.
27) PRIVACY POLICIES:
We at funndelicious® believes in Value for Life. funndelicious® believes any kind of information like personal, financial or any other information shared, stored or given by its valuable customers / users is very important for its company. Our company never share or disclose the information of its esteemed customers / users to any third party. funndelicious® may however share / disclose the information with its affiliates and other company if it is required by law or legal process or court notice.
We at funndelicious® may have to share some or all of your personal information with another company or institution or other entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business, required by law, third party services (updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising or other services;). If you visit or register on our website www.funndelicious.com we presume that you have agreed and/or accepted our privacy and all other policies of our company. funndelicious® gives you access to a broad range of information about your account and your interactions with funndelicious® for the limited purpose of viewing and, in certain cases, updating that information. This list will change as our website evolves. When you update information, we usually keep a copy of the previous version for our records. If you have any concern about privacy or grievances at funndelicious®, please write to us with a thorough description at Customer Care, funndelicious® Dot Com Private Limited, # 51, Ground Floor, Block-A, Pocket-2, Sector – 11, Rohini, Delhi – 110085, India, and we will try to resolve the issue for you.
Our business changes constantly and our privacy policy and the terms of sale will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes.
The information provided by you when you visit/register on our site includes:
Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content. This information may be used to send personalized emails and communication for advertising and promotion purposes. You may opt out of this feature but then you won’t be able to access all or part of our sites/apps (refer to Cookies policy). We might receive information about you from other sources and add it to our account information. By using or continuing to use the site you agree to our use of your information (including sensitive personal information) in accordance with this privacy policy.
Age: Use of funndelicious.com is available only to the people who can form legally binding contracts under Indian Contract Act, 1872. People who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 (for more information refer to http://chddistrictcourts.gov.in/THE%20INDIAN%20CONTRACT%20ACT.pdf ) including minors, un-discharged insolvents etc. are not eligible to access funndelicious.com. If you are a minor i.e. under the age of 18 years, you shall not register as a user of funndelicious.com. If you do wish to use our services, you can do so under the guidance of your legal guardian/transact through your legal guardian’s registered account.
Financial Information: Please be informed that funndelicious.com ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS). For more information please click on https://www.pcisecuritystandards.org/pci_security/ . We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
Account Information & Payment details: We maintain all your account history in an encrypted form on secure servers. However, please be informed that your transaction details may be preserved by funndelicious.com for tax or regulatory compliance purposes.
User login detail: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our services.
Information shared by you: While at funndelicious.com we encourage a two-way communication and a close healthy relationship with the customers. Use of certain phrases and content is prohibited. Please take note of the following:
1. Absurd or sexually explicit content
2. Threats, negative/insulting content aimed at any individual/group/funndelicious.com
3. Spam/fake profiles
4. Use of the funndelicious® forum for other activities like dating, sharing porn/sexually explicit content/terrorism promoting activities/political activities/advertising about customer’s own business/culturally sensitive content/hate speeches/self-harm content/violence
funndelicious.com Mobile App
We process your technical data when you download our App such as your IP-address, Device ID, Device contacts, Device accounts including third-party accounts and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of funndelicious.com, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of funndelicious.com.
Please be informed that we may use the encrypted data and your personal information for the purpose of collecting user data, analysis of the customer’s buying trends, for mapping out the customer behavior to better plan the promotional and sales activities. Cookies as collected on the website and app may be used to analyses the user traffic and user preferences. Please note that we may use this information in order to serve you and your needs better. As secure as the encryption can be, there is always a slight chance of lapse due to technical glitches. However, we try our level best that no such breaches occur from funndelicious.com’s end.
Examples of the information we collect and analyse include: the Internet protocol (IP) address used to connect your computer/mobile to the Internet; login; e-mail address; password; computer and connection information such as browser type and version; operating system and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features such as Best Sellers; the full Uniform Resource Locators (URL) click stream to, through and from our website (including date and time); cookie number; products you viewed or searched for; and any phone number used to call our customer service number. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our website for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
28) SHIPPING AND DELIVERY POLICIES:
We aim at processing and dispatching orders as quickly as possible
For deliveries in the Delhi: 3 working days, unless we are exceptionally out of stock and we will let you know about the same in advance.
For deliveries in rest of India: 5 - 6 working days, unless we are exceptionally out of stock and we will let you know about the same in advance.
For deliveries in rest of the world: 5 - 14 working days, unless we are exceptionally out of stock and we will let you know about the same in advance.
funndelicious® reserve the right to refuse confirmed orders that falls under the following categories of items: - Cheques, Money orders, Drafts & E- Banking
Orders that are customer approved but without enough funds will not be processed.
Delivery of Goods will take place at the Delivery Address specified by you while placing the order. You will need to submit a separate Order for Goods where you require to deliver at multiple destinations.
If you are not personally available to accept delivery, you may appoint a representative to do so in your place.
On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, such as photo identification proof
You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery.
You agree to give us as much detail as possible about particular features of the Delivery Address to ensure delivery can take place.
Any shipment which we are sending for personal use and customer is not answering the call or not replying to our mail then in that case if they ask for refund that wouldn’t be possible as per our management decision.
Customs and international shipping
All of funndelicious® orders are shipped internationally from our warehouse in New Delhi, India to your provided shipping address via FedEx/DHL/Bluedart. Due to the nature of international shipping, occasionally a customer may have to pay additional import duties and taxes which are levied once a shipment reaches your country. Majority of our orders will not have to pay any additional fees. However, we are unable to calculate when and how much these infrequent customs duty charges will be levied. In the case where additional customs charges are assessed, you will be responsible for paying these additional fees. To make your shopping experience as seamless as possible, we have arranged with FedEx/DHL/Bluedart to customs clear your goods for you and deliver them to your doorstep. If you are presented with an invoice from FedEx/DHL/Bluedart for import duties and taxes, you will have to pay FedEx/DHL/Bluedart directly at the time of delivery.
We will not make any refund if in case there any custom issues in your country is whether it’s related to weight or number of quantity of products.
International Shipping costs will vary depending on the destination and weight of order.
For orders to be shipped outside India orders amount is displayed in USD currency but on selecting CC Avenue as payment gateway amount will be charged in INR currency.
DUTY AND TAXES
Please note that the Duty and Taxes charge will be extra as per the Customs of Destination country and cannot be confirmed beforehand.
CUSTOMS OBLIGATION
Please note that the receiver needs to fulfill the requirements regarding the paperwork for the purpose of Import Clearance. It is not necessary that the consignee have to visit Customs office but depending on the Customs rule of the destination country, there might be a need of several paper work at times to clear the goods from Customs. If any such requirements arises then the same needs to be adhered to by the receiver failing which we will not be liable of any MONEY BACK as the Carrier will not be able to deliver the goods without it and the Customs might not allow the goods to enter their country due to which the same will be carried back by the Carrier.
Remote Area
Please note that if the receiver's delivery address falls into a remote area then a charge of INR 1400 + Service Tax will be levied extra. To know further details, you can E-Mail us orders@funndelicious.com with your ZIP Code / Postal Code to confirm if the delivery area falls into a Remote Area or Not. Thanks for your understanding.
In remote area shipment will take 10-15 business days for delivery (Which will be sent through India Post-professional-track on or with prime track)
If shipment gets lost in transit for remote areas then it won’t be our responsibility, claims for refund cannot be processed in such cases
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