Terms and Conditions
This website Freshnfresh.co.in ("the Site") is owned and operated by Fresh N Fresh cakeshop (maintained by EmbellishAlley) ("us", "our" or "we").
This document is only available in English.
The following constitutes a legal agreement between a visitor ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. If you are under 18 but at least 15 years of age, you must present this Agreement to your parent or legal guardian. Children under the age of 15 may not register on this Site, and parents or legal guardians may not register on their behalf. When registering on our Site or purchasing a Product, by checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box when registering on our Site or purchasing a Product and do not attempt to access the Site.
Our Site is established to enable you to chose and purchase products from our Site ("Products) that we offer for sale online.
Accessing Our Site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Site, or to our entire Site, to users who have registered with us.
Terms & Conditions for Purchase of Products
1. Our website service permits you to purchase our Products from this Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
2. Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email from us. This email is an Order Confirmation to notify you of the fact we have received and accepted your order. The Order Confirmation email will be accompanied by an invoice.
2.1 If you notice an error in the Order Confirmation you must notify us by telephone (079 65458823) by 8.00pm the day before the order is due to be collected or delivered.
2.2 If you wish to cancel your order for any reason, you must notify us by 12.00 noon the day before the order is due to be collected or delivered. A refund process will be initiated. Our refund policy is available here.
2.3 If you wish to add to or change your order, or change the date or time of delivery or collection of your order, then we will accommodate you, provided that you telephone us by 6.00pm the day before your order is due to be collected or delivered.
2.4 Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.
3. Price & Payment
3.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as an incorrect pricing.
3.2 Our prices excludes delivery costs (where applicable)
3.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
3.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product's correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product's correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Product for some reason, we will contact you by email to advise you and/or to obtain your confirmation that the amended price is acceptable.
3.5 Payment for all Products must be by credit or debit card and those accepted by us are those listed on our website on the date when your order is placed. We will send you an invoice upon receipt of payment.
3.6 All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses or for any reason does not, authorize payment to us, whether in advance of or subsequent to a payment, we will not be liable for any delay or non-delivery of the Products ordered.
4. Availability, Delivery & Collection
4.1 The Products ordered by you can only be delivered to the delivery address provided by you to us, or collected by you from one of our shops designated by you, within a given time slot which we will notify to you in the Order Confirmation.
4.2 If for any reason you find yourself unable to collect your order from the designated shop within the given time slot, we will retain your ordered Products for collection by you for 24 hours, or upon payment of the delivery charge by credit card we may be able to arrange to deliver to you within our delivery time slot and delivery zone during the next 24 hours (subject to delivery availability).
4.3 If for any reason no one is present to receive delivery of the Products at the delivery address you have provided to us we will take the Products back and retain the same for 24 hours during which time you may telephone us on 079 65458823 to either arrange for personal collection or for delivery by us within 24 hours (subject to delivery availability) upon payment of a further delivery charge by credit card.
4.4 In order for us to hand over the ordered Products upon collection or delivery, the recipient must provide to us the valid Order Confirmation number and must also sign that the Products are in good condition and that the complete order has been delivered. Thereafter, we will no longer be responsible for actual delivery of the Products to you.
4.5 In Ahmedabad, shipping time will be a minimum of 2 hours after the order has been placed. Depending on the order and quantity, the shipping time might be more than 2 hours.
5. Risk & Title
5.1 The Products will be at your risk from the time you collect the Products from our shop or we deliver them to you.
5.2 Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
6. Our Right to vary these Terms & Conditions
6.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
6.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
YOU AGREE that:-
6.3 it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere on the Site;
6.4 it is your responsibility to ensure that your email address is current otherwise certain functions of the Site will not be available to you. We will only use your Personal Data in accordance with the Data Protection Act and our Privacy and Cookies Policy;
6.5 it is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name. You will not allow others to use your user name and you will notify us immediately of any unauthorized use of your user name. We shall not be responsible for any losses arising out of the unauthorized use of your user name and you agree to indemnify and hold us harmless, for any improper, unauthorized or illegal uses of the same;
6.6 we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;
6.7 whilst we will utilize anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site);
6.8 you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
6.9 Variation in computer, browser and operation will create differences in visual layout and usability of the Site. We have given due care and attention to minimizing these differences, but cannot be held responsible for specific operational differences.
7. Misuse of the Site
7.1 We reserve the right to suspend or terminate your access to the Site or parts of it if at our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.
7.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited emails.