Terms & Conditions
Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, by phone, or by our mobile applications, you agree to be bound by these Terms and Conditions.
Section 1: Introduction:
We are WishByGift (www.wishbygift.com), unless otherwise stated.
Section 2: Definitions:
2.1. “Agreement” is a reference to these Terms and Conditions any order form and payment instructions provided to you;
2.3. “you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by WishByGift;
2.4. “we”, “us”, “our”, and ” WishByGift ” are references to the WishByGift;
2.5. “Goods” is a reference to any goods which we may offer for sale from our Website from time to time;
2.6. “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;
2.7. “Participating supplier” is a third party, which has agreed to co-operate with us to prepare and/or deliver the Goods or Services.
2.8. “Food Delivery” is a reference to perishable goods and to any form of delivery service, which both are provided by our partners and for both of which our partners take full responsibility; and
2.9. “Website” is a reference to our Website www.wishbygift.com or our mobile applications on which we offer our Goods or Services.
Section 3: Ordering
3.1. Any contract for the supply of Food Delivery from this Website is between you and our Participating Suppliers; for the supply of Goods or Services from this website contact is between you and WishByGift. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
3.2. Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
3.3. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
3.4. When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
3.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
3.6. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Suppliers. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Suppliers will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
3.7. If the ordered Food and delivery capacity is available, the Participating Supplier will accept the contract and confirm it to WishByGift. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by email or text message (SMS).
3.8. The confirmation message will specify items ordered along with a receipt of payment.
3.9. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by email or text message (SMS) or phone call.
Section 4: Prices and Payment
4.1. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
4.2. All prices listed on the Website are correct at the time of publication and have been based on input received from the supplier; While we give great care to keep them up to date, the final price charged to you can change at the time of delivery based on the latest menu and prices. We also reserve the right to alter the Goods or Services available for sale on the Website.
4.3. All prices for delivery by WishByGift or a third party provider assigned by WishByGift are correct at the time of publication. However, we reserve the right to alter these in the future
4.4. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made by online e.g. net banking, credit or debit card or by cash on delivery (if available).
4.5. In case of online payment, you must pay for your order before it is delivered. Our website is integrated with 3rd party payment gateways. We do not store any card or banking details on our website. For privacy policies and terms and condition, please refer to the relevant payment gateway’s website.
Section 5: Delivery
5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
5.2. If delivery is done by its delivery partners, it is the Participating supplier sole responsibility to provide Food Delivery in a timely manner.
5.3. In the case delivery is done by WishByGift or a third party delivery partner assigned by WishByGift, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by WishByGift in either case.
5.4. All orders are delivered by a reputable courier. We and the delivery will make every effort to deliver within the time stated. However, we will not be liable for any loss caused to you by ordering late.
5.5. In case of a late delivery, the delivery charge will neither be voided nor refunded by WishByGift.
5.6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
5.7. If you fail to accept delivery of Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you.
5.8. Participating Suppliers, who will prepare your order, aim to deliver the product to you at the place and time of delivery requested by you in your order. However, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
5.9. Please note that it might not be possible for us to deliver to some locations. If this is the case we or our partner supplier will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
5.10. The delivery of the items ordered will be attempted only ONCE at the address as provided. In the event the delivery is not executed due to any reason whatsoever, the order shall be considered complete, and re-delivery or a refund will not be an option. The order will be deemed executed and delivered in the following events:
Recipient not available at premises
Unreachable or incorrect phone number of recipient
Recipient refused the products.
Delivered the product at the gate / reception / neighborhood of the premises
Restricted entry of premises
5.11. Deliveries shall not be made on National Holidays. Orders scheduled for National holidays will be delivered on the next working day.
5.12 In case of floods/ Heavy Rains/ natural calamity/ National Bandh/election dates/ curfews/traffic jams/festival times/regulated traffic movements/ or any other impediments that may restrict the delivery of the order. WishByGift reserves the right to reschedule the delivery for another date.
5.13. No instructions will be entertained for any request to change the date of delivery.
Section 6: Cancellation:
Please refer to cancellation policy on our website.
Section 7: Linked Sites:
There may be a number of links on our Website to third party Websites which we may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
Section 8: Complaints
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to email@example.com.
Please note that the images displayed on the website are indicative in nature. Actual product may vary in shape or design as per the availability.
Section 9: Limitation of Liability
9.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. Therefore, we do not make any warranty whatsoever, whether express or implied, relating to its accuracy.
9.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss.
9.4. We do not accept any liability for any delays, failures, errors or omissions or loss of information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
9.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods arising owing to reasons beyond our control.
9.6. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
9.7. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
9.8. Offers are subject to WishByGift discretion and may be withdrawn at any time and without notice.
Section 10: General
10.1. All prices are in Indian Rupees and can be converted to your local currency at the time of payment, depending on the payment gateway provider.
10.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time without your consent or any requirement to notify you.
10.3. We may alter or vary the Terms and Conditions at any time without notice to you.
10.4. Payment must be made at the time of placing order by bank transfer, credit / debit card or at the time of delivery by cash (if available). Failure to pay on time will result in the cancellation of your order.
10.5. Please do not use or launch any automated system or program in connection with our website or its online ordering functionality;
10.6. Please do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
10.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
10.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
10.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
10.11. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.