TERMS OF SERVICE AGREEMENT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This website ladivinite.com is owned and operated by GHANTEWALA FOODS PRIVATE LIMITED. Our Site is established to enable you to chose and purchase products/services from our Site that we offer for sale online under the brand name GHANTEWALA CONFECTIONERS.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, WWW. GHANTEWALA.IN (the “Website”), GHANTEWALA CONFECTIONERS (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. GHANTEWALA CONFECTIONERS reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. GHANTEWALA CONFECTIONERS will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. GHANTEWALA CONFECTIONERS encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with GHANTEWALA CONFECTIONERS for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
1A Terms of Offer.
This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Your order constitutes an offer to us to buy a Product. After placing an order, you will receive an email/message from us. This email/message 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.
If you notice an error in the Order Confirmation you must notify us email: email@example.com or by telephone on 8527279535.
Once ordered it cannot be cancelled, but 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 your request, subject to kitchen space being available to permit us to make your products, provided that you telephone us 48 hours before your order is due to be collected or delivered.
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.
FOR SAME DAY ORDER PLEASE CONFIRM BY 2 PM
ANY CONFIRMATION AFTER 2 PM , DELIVERY WILL BE MADE NEXT DAY ONLY.
Our products exclude GST AND/OR ANY OTHER TAX / DELIVERY CHARGES which will be added (at applicable rates) to the invoice when presented for payment.
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.
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.
Payment for all Products must be by credit or debit card or other modes of payment 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.
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.
1C Availability, Delivery & Collection
The Products ordered by you can only be delivered to the delivery address provided by you to us within 3 km radius of the production centre, or collected by you from our workshop, within a given time slot which we will notify to you in the Order Confirmation. The delivery to the customer is at customer’s sole risk and responsibility and GHANTEWALA CONFECTIONERS will not be liable for any damage or delays during transit.
1D Risk & Title
The Products will be at your risk from the time the product leaves our premises.
Ownership of the Products will only pass to you when we receive full payment of all sums due for them, including delivery charges.
The Products ordered are fresh on the day of delivery to or collection by you and will remain fresh for a further 4 hours from the time of delivery or collection if kept by you at an ambient temperature in the box provided. Products placed in a fridge or a freezer or kept for a time longer than 4 hours are so kept at your own risk and we are not liable for any deterioration of the Products in these circumstances.
Products which were due to be collected by you from one of our shops and which you failed to collect on the appointed day, or Products which we have taken back to our shop because you were not available to receive the same during the delivery slot agreed for you, must be placed by us in our fridges overnight to comply with Food Safety legislation. Accordingly these Products cannot be kept by us at an ambient temperature and are therefore likely to deteriorate.
We cannot accept any responsibility for deterioration of the Products in these circumstances.
We will share the image of the product ordered with customer before dispatch. On approval our responsibility ceases once the product /order leaves our premises.
In case of self pick up, our responsibility ceases once customer physically check and approve the product in our shop/kitchen. We will not accept any responsibility for damage caused to he product during transit/delivery to customer’s place .
1E Returns Policy
We do hope that you will be pleased with your purchase. However, if upon collection or delivery of the Products you find that they are not those ordered by you (for example, wording is incorrect), or the order is incomplete, please notify us immediately by telephone on 8527279535.
If a Product is not as on the Order Confirmation, we will credit or refund your purchase. Please clearly state your dispatch details in all communications to us.
We will only make a refund to the original credit card or debit card account used by you to make the online purchase. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Since taste is a very personal matter and subjective, we cannot accept the return of any Products merely because you do not like the taste.
We have made every effort to display as accurately as possible the colours of our products that appear on our Site and also to ensure that the colours on screen are as close as possible to the colours of the actual product. However, the colour of the actual product you see on your screen will depend on your monitor, your screen settings and resolution. Accordingly, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery, and we cannot accept the return of any product because it does not match the colour you were expecting from viewing your screen display.
1F Customer Solicitation: Unless you notify our third-party call center representatives or direct GHANTEWALA CONFECTIONERS sales team, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations GHANTEWALA CONFECTIONERS and it’s designated in house or third-party call team(s).
1G opt Out Procedure: You may also choose to opt out, via sending your email address to: firstname.lastname@example.org
1H Proprietary Rights: GHANTEWALA CONFECTIONERS has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell, or redistribute any Product manufactured and/or distributed by GHANTEWALA CONFECTIONERS. GHANTEWALA CONFECTIONERS also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
2A Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers baking and culinary course modules, theory of modules, information, and marketing materials. GHANTEWALA CONFECTIONERS does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that does create the GHANTEWALA CONFECTIONERS content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you, GHANTEWALA CONFECTIONERS does not endorse the contents on any such third-party websites. GHANTEWALA CONFECTIONERS is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
2B Use of Website: GHANTEWALA CONFECTIONERS is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
2C License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from GHANTEWALA CONFECTIONERS or the applicable third party (if third party content is at issue).
2D Posting: By posting, storing, or transmitting any content on the Website, you hereby grant GHANTEWALA CONFECTIONERS a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. GHANTEWALA CONFECTIONERS does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. GHANTEWALA CONFECTIONERS is not liable for any damage or harm resulting from any posts by or interactions between users. LA DIVINITE reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content GHANTEWALA CONFECTIONERS deems objectionable.
- DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GHANTEWALA CONFECTIONERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GHANTEWALA CONFECTIONERS MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
GHANTEWALA CONFECTIONERS ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
GHANTEWALA CONFECTIONERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless GHANTEWALA CONFECTIONERS, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to GHANTEWALA CONFECTIONERS. When GHANTEWALA CONFECTIONERS is threatened with suit or sued by a third party, GHANTEWALA CONFECTIONERS may seek written assurances from you concerning your promise to indemnify GHANTEWALA CONFECTIONERS; your failure to provide such assurances may be considered by GHANTEWALA CONFECTIONERS to be a material breach of this Agreement. GHANTEWALA CONFECTIONERS will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of GHANTEWALA CONFECTIONERS choice at its expense. GHANTEWALA CONFECTIONERS will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend GHANTEWALA CONFECTIONERS against any claim, but you must receive GHANTEWALA CONFECTIONERS prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
- AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: GHANTEWALA CONFECTIONERS will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. GHANTEWALA CONFECTIONERS may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and GHANTEWALA CONFECTIONERS and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of GHANTEWALA CONFECTIONERS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; INDIA: This Website originates from the DELHI. This Agreement will be governed by the laws of the State of DELHI without regard to its conflict of law principles to the contrary. Neither you nor GHANTEWALA CONFECTIONERS will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of DELHI. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. GHANTEWALA CONFECTIONERS reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and GHANTEWALA CONFECTIONERS may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, GHANTEWALA CONFECTIONERS reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until GHANTEWALA CONFECTIONERS chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. GHANTEWALA CONFECTIONERS makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. GHANTEWALA CONFECTIONERS may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.