Terms & Conditions
In using this website, you are
deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions,
Privacy Statement and Disclaimer Notice and any or all Agreements:
"Client", “You” and ““Your” refers to you, the person accessing this
website and accepting the Company’s terms and conditions. "The
Company", “Ourselves”, “We” and "Us", refers to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either
the Client or ourselves. Our term applies to our entire operated site (, www.rakhi2canada.com,
www.snapzon.com).
By using the Site or any of the
products or services offered through the Site, you agree to these Terms &
Conditions.
These Terms & Conditions may be updated from time to time
without notice to you. You agree that it is your responsibility to review the
Site and these Terms & Conditions always to learn of any modifications to
the site. Your continued use of the Site or any product or service offered
through the Site, after the posting of any modifications shall constitute your
agreement to be bound by such modified Terms & Conditions. If you do not
agree to these Terms & Conditions, do not use the Site or any products or
services offered through the Site.
Who may use this site
Children under the age of 16 may not purchase any Product on this
site. If you are under the age of 16 and would like to purchase a Product
from this site, please ask your parent or guardian for assistance.
Access and Use
You must not use this site in any manner or for any purpose which
is unlawful or contrary to these Terms and Conditions or use our website in any
way or take any action that causes, or may cause, damage to the website or impairment
of the performance, availability or accessibility of the website.
Rakhi to Canada, in its absolute discretion, reserves the right to
refuse any order you place to purchase a Product, competition entry or booking
or to deny access to this site for any conduct it believes may breach these
Terms and Conditions or any law.
The Contract between Us
When you place an order to purchase items using our website or by
other means, this is an offer by you to us to purchase such items. By ordering
you are providing details which are true, accurate, current and complete and
that the payment details are correct and your own.
We will confirm receipt of your order by sending you an email
summarizing the details of your order ('Order Confirmation E-mail'); this is the
point at which we accept your order and the contract is formed (subject to
these terms and conditions). The contract is completed when the goods are
delivered (also subject to these terms and conditions)
Your Account
You may register with us when purchasing items using this website
or by other means. For your website account, you are responsible for
maintaining the confidentiality of your account username and password and for
preventing unauthorized access to your account. You accept responsibility for
all activities that occur under your account or password, please, therefore,
take all necessary precautions to ensure that the username and password is kept
confidential and secure. Please inform us immediately if you have any reason to
believe that your username and/or password has become known to anyone else, or
are being, or are likely to be, used in an unauthorized manner.
Please ensure the details you provide us with on registration are
correct, complete and up to date. Inform us immediately of any changes to those
details (e.g. change of email or postal address). You can access and update
your details using the 'Your Account' area of the Website.
We reserve the right to refuse access to the website, terminate
accounts, remove or edit content, or cancel orders at our discretion. If we do
cancel an order, it will be without charge to you.
Personal Information
you may be asked to provide personal information (i.e. information
which is collected and identifiable as relating to you personally) before
purchasing any product, entering any competition or registering for our Rakhi
to Canada e-Newsletter on this website. All personal information collected from
this website will be maintained in accordance with the Rakhi to Canada Privacy
Statement. By using this site, you consent to Rakhi to Canada retaining and
using your personal information in accordance with the Privacy Policy.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to
post and upload messages and material that are proper. By way of example, and
not as a limitation, you agree and undertake that when using a Service, you
will not:
defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights of others;
publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information;
upload files that contain software or other material protected by
intellectual property laws unless you own or control the rights thereto or have
received all necessary consents;
upload or distribute files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation of the
Website or another's computer;
conduct or forward surveys,
contests, pyramid schemes or chain letters;
download any file posted by another user of a Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded;
violate any code of conduct or other guidelines, which may be
applicable for or to any particular Service;
violate any applicable laws or regulations for the time being in
force in or outside India;
violate any of the terms and conditions of this Agreement or any
other terms and conditions for the use of the Website contained elsewhere
herein.
User Warranty and
Representation:
The user guarantees, warrants, and certifies that you are the
owner of the content which you submit or otherwise authorized to use the
content and that the content does not infringe upon the property rights,
intellectual property rights or other rights of others. You further warrant
that to your knowledge, no action, suit, proceeding, or investigation has been
instituted or threatened relating to any content, including trademark, trade
name service mark, and copyright formerly or currently used by you in
connection with the Services rendered by Rakhi to Canada.
Product Description and
Specifications
We have made every effort to ensure that the goods displayed on
this website and in our brochures conform to the descriptions and photographs.
The colors, specifications, dimensions and descriptions (please note all images
are for illustration purposes only) of items on the website and brochures are
quoted as accurately as possible. The colors you see will depend on the
resolution of your monitor and we cannot, therefore, guarantee that your
monitor's display of any color will always reflect accurately the color of the
item delivered. We reserve the right from time to time to vary the dimensions,
specifications, descriptions and quantities of items displayed on our website
without prior notice.
Privacy and Communication
When you place an order, we collect certain personal and
transactional information (e.g. name, address, email address, credit/debit card
details). For details on how we use this information, please read our Privacy
Policy.
To fulfill our obligations to you under these General Terms and
Conditions we communicate with you by e-mail and by posting notices on the
website. You agree to receive communications from us electronically and that
these electronic communications will satisfy any legal requirement for
communications in writing.
Our website includes hyperlinks to, and details of, third party
websites. We have no control over,
and are not responsible for, the privacy policies and practices of
third parties
Orders
Amendments: If you wish to amend an order you must notify us by
phone as soon as possible and we will use our best efforts to make an amendment
if at all possible provided the order has not already been submitted to our
Distribution Centre (i.e. on the day the order was placed except for next day
deliveries which is immediate). We, however, make no guarantees that this can
be done. We also reserve the right to cancel or amend your order before the
goods are despatched if the goods are no longer in stock.
Prices
Products are invoiced in US dollars at the price prevailing at the
time you place your order. Prices displayed on the website and in brochures
include Value Added Tax where chargeable which will be applied at the current
rate. Whilst we try and ensure all details, descriptions, and prices are
correct when appearing online, some products might be subject to slight
variations. If, however, we discover an error in the price of items you have
ordered, we will contact you as soon as possible. You will have the option of
either reconfirming your order at the correct price or canceling it. If we are
unable to contact you, we will treat your order in respect of the incorrectly
priced item as canceled as we are not obliged to honor such orders or you may
contact us below, if facing any problem.
Email Us:
Payment
All payments for goods must be made when the order is placed. We
will not reserve or dispatch goods before payment is received.
Our mode of payment is Credit card, Debit card, and PayPal. See
the PayPal Terms of Use for payment processing fees by country. This fee is
assessed on the total amount of the sale, including tax and shipping. Unlike
other fees, this payment processing fee is deducted from the transaction amount
as the funds become available for deposit. Payment processing fees will be
reflected in your account.
Our website uses high-level SSL encryption technology, the most
advanced security software currently available for online transactions. You
can, therefore, rest assured that we take the privacy and security of your
payment and personal details very seriously.
Please note that we cannot guarantee the security of data when
communicating with Rakhi to Canada via email or fax. Accordingly, please do not
send us payment information using email. For details of the security measures,
we employ please read our Privacy Statement. Unless we are fraudulent or negligent,
we will not be liable to you for any losses caused as a result of unauthorized
access to the personal and transactional information you provide us with when
placing an order.
Cancellations Prior to Dispatch
If you wish to cancel your order prior to dispatch, please email
us on indishadestore@gmail.com. As we try to process orders immediately it may
not always be possible to prevent an order from being dispatched. If your order
has already been placed, it cannot be returned or canceled as it may contain
perishable items.
Refunds
When you make purchases from us, it is final and non-refundable.
Subject to our other Term and Conditions, no product or service may be
returned.
Notwithstanding anything contained in the Terms and Conditions, in
the event Rakhi to Canada decides to refund to you, Rakhi to Canada will offer
only credit vouchers equivalent to the refund amount but in some case Rakhi to
Canada will refund the money back and the refund could be processed if we have
account details of the customer. The refund could be processed if it is agreed
upon and communicated in writing to the customer.
Online Refund is credited directly through the mode from which
customer has paid the money within 24 working hours. Once processed by Rakhi to
Canada refund takes 10-15 business days to reflect in your account.
Offline Refund is credited once customer shares the bank details
post which it takes 5-7 working days. Once processed by Rakhi to Canada refund
takes 10-15 business days to reflect in your account.
Rakhi to Canada is not responsible and does not guarantee a refund
for cases where:
Flowers, plants, fruits, sweets, gift products and preserved items
delivered to incorrect addresses supplied by the sender.
Unsuccessful deliveries arising from the recipient not being
present at the time of delivery at the address supplied by the sender.
Decreased product quality due to an incorrect delivery address
supplied by the sender, or a re-route requested by the sender.
Product quality problems caused by improper handling by the
recipient.
Refund Policy
For Flowers, Sweets or other items that are perishable in nature,
the delivery would be attempted only once. If the delivery is not executed
during that attempt due to incorrect or insufficient address, recipient not at
home, address found locked or refusal to accept, the customer shall still be
charged for the order. No refunds would be entertained for such items.
Exchanges
Rakhi to Canada will not accept any product exchanges.
Damaged/Defective Products
If any product received by you is in a damaged/defective
condition, you should report the same to Rakhi to Canada within 24 hours of
such delivery and e-mail the photographs of the same at indishadestore@gmail.com.
Rakhi to Canada will in its sole discretion either deliver to you, the new
product at its own cost or refund to you the amount in relation to such
product. Subject to the Terms and Conditions, once a refund is initiated by Rakhi
to Canada, it takes 10-15 business days to reflect the refund amount in your
account.
Promotions and Promotional
Codes
If you have a published Rakhi to Canada promotion code, please
note that offers cannot be used in conjunction with any other offers and offers
to apply to one per household.
Limitations and exclusions of
liability
Any representation, warranty, condition or undertaking that would
be implied in these Terms and Conditions by legislation, common law, equity,
trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms and Conditions excludes, restricts or
modifies any condition, warranty, right or remedy which may be conferred by the
Trade Practices Act that cannot be excluded, restricted or modified by agreement.
Nothing in these terms and
conditions will:
(a) Limit or exclude any liability for death or personal injury
resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent
misrepresentation;
(c) Limit any liabilities in any way that is not permitted under
applicable law; or
(d) Exclude any liabilities that may not be excluded under
applicable law.
Indemnity
You agree to indemnify Rakhi to Canada for any loss or damage that
it may suffer or for any costs it may incur in connection with any breach by
you of these Terms and Conditions.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary
or any proprietary material owned by a third party and so expressly mentioned,
Rakhi to Canada owns all Intellectual Property Rights to and into the Website,
including, without limitation, any and all rights, title and interest in and to
copyright, related rights, patents, utility models, trademarks, trade names,
service marks, designs, know-how, trade secrets and inventions (whether
patentable or not), goodwill, source code, meta tags, databases, text, content,
graphics, icons, and hyperlinks. You acknowledge and agree that you shall not
use, reproduce or distribute any content from the Website belonging to Rakhi to
Canada without obtaining authorization from Rakhi to Canada.
Notwithstanding the foregoing, it is expressly clarified that you
will retain ownership and shall solely be responsible for any content that you
provide or upload when using any Service, including any text, data,
information, images, photographs, music, sound, video or any other material
which you may upload, transmit or store when making use of our various Service.
However, with regard to the product customization Service (as against other
Services like blogs and forums) you expressly agree that by uploading and
posting content on to the Website for public viewing and reproduction/use of
your content by third party users, you accept the User whereby you grant a
non-exclusive license for the use of the same.
Variation
Rakhi to Canada may vary these terms and conditions at any time.
Any variations become effective upon posting. By continuing to use this website
following a variation of the terms and conditions, you consent to be bound by
the varied terms and conditions.
Third Party Links
This website contains hyperlinks and other pointers to web sites
operated by third parties ("Hyperlinked Websites"). Unless
otherwise stated at those websites, those websites are not controlled by Rakhi
to Canada. By using those links, you acknowledge and agree that:
Rakhi to Canada is not responsible for the contents of any
Hyperlinked Websites or any hyperlink contained in a Hyperlinked Website. Rakhi
to Canada provides these hyperlinks to you as a convenience only, and the
inclusion of any link does not imply any endorsement of the Hyperlinked Website
by Rakhi to Canada, its related bodies corporate, affiliates, corporate
partners or licensors. You access such Hyperlinked Websites entirely at your
own risk.
Governance
The Terms and Conditions are governed by the laws of the State of Ontario,
Canada. By using this site, you irrevocably and unconditionally submit to
the non-exclusive jurisdiction of the State of Ohio.
Our details
You can contact us by writing by mail 3235 Armour CT, Mason OH 45040, USA or by email info@indiangiftsgallery.com.