CraftMyGift Terms of Service
Effective 15th December 2008
|This Terms and Condition for Use of CraftMyGift website is a legal agreement between you and CraftMyGift, a sole proprietary concern (hereinafter referred to as ‘CraftMyGift’, ‘our’, ‘us’, ‘we’) providing, among other things, the terms and conditions for your use of CraftMyGift’s gifting services (the ‘Services’ or ‘Website services’) through the website located at www.craftmygift.com (the ‘Website’) or off-line. Read the Terms and Conditions carefully. Your use of our Services means you are consenting to these Terms and Conditions. These Terms and Conditions may be modified from time to time in CraftMyGift’s sole discretion and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted the Agreement as amended if you continue to use any of our services after any amendments are posted on the Website.
Read the Terms and Conditions carefully. Your use of our Services means you are consenting to these Terms and Conditions.
These Terms and Conditions may be modified from time to time in CraftMyGift’s sole discretion and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. You will be deemed to have accepted the Agreement as amended if you continue to use any of our services after any amendments are posted on the Website.
|You represent that you have read and understood, and that you agree to be bound by this Agreement. There is no registration process required for you to access our Website.
|Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, are the sole property of CraftMyGift. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any product purchased from us. Limited reproduction and copying of the content of the Website is permitted provided that CraftMyGift’s name is stated as the source and prior written permission of CraftMyGift is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.|
|Information provided by you|
|You are solely responsible for the information or content provided by you. Make sure that any information provided by you do not violate the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, offensive, harassing, or other unacceptable material. We are not responsible for any violations of intellectual property committed by you.
In cases where you send inappropriate, offensive, harassing, or other unacceptable material, we reserve the sole right to cancel the order and you shall not be eligible for refund of any advance amount paid by you.
|Order Placement and Confirmation|
|Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We confirm the order only after an email communication to you on the order details and receipt of 50% advance from you. We reserve the right at any time after confirmation of order to accept or decline your order for any reason. In case of any such cancellation exercised solely by us, any payment done by you will be refunded.|
|Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at the discretion of CraftMyGift.|
|Shipping and Delivery|
|Title and risk of loss for all products ordered by you shall pass on to you upon CraftMyGift's shipment to the shipping carrier.
CraftMyGift in conjunction with service providers, will attempt to deliver a product on the requested day. We are dependent on external agencies like courier agencies, to deliver the product, on whom we do not exercise any control, hence we could indicate the time of delivery but we cannot guarantee the same.
To know the details of service provider used by us, visit Shipping Details Page
CraftMyGift is not responsible for:
• Gift products and items delivered to incorrect addresses supplied by the sender.
• Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
• Product quality problems caused by improper handling by the recipient.
|Exactness or usefulness of the product|
|We do not provide any guarantee or warranty for any of the products or services. CraftMyGift hereby disclaims any guarantees of exactness as to the finish and appearance of the final customized product as ordered by the user. Alterations to certain aspects of your custom product order such as the merchandise brand, size, color, print process used, print size, print color etc., may be required due to limitations caused by available product, available production materials, production equipment capabilities, as well as limitations caused by the quality or type of your submitted design. In this instance, you agree that CraftMyGift will send an approval request via the email address which you submitted when placing your order. If we do not hear any feedback from you within 2 days of sending the email, we will consider that you agree with the design. Any delays from your side in providing information or materials required for the product design will delay the product delivery. In such case, CraftMyGift can not be held responsible for the delays. If you are not satisfied with the design of the product, you may cancel the order within 2 days of placing the order and you will be eligible for the full refund of the initial payment. However, beyond the 2 days period, cancellations shall not be accepted and no refunds entertained.|
|Our Site may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We urge you to read the legal policies of those sites. By using our Site to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to a third party site.|
|Disclaimer of Warranties/Limitation of Liability|
|We endeavour to ensure that information on the Website is correct, but we do not warrant nor make any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall CraftMyGift be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the Services; 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 Website or Service. Neither shall CraftMyGift be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, CraftMyGift shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond CraftMyGift's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.|
|You agree to indemnify, defend and hold harmless CraftMyGift from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by CraftMyGift that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.|
|Violation of Terms of Service|
|By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any communications, reviews, comments, feedback, postings, materials, or other content on our Site you provide to us in connection with the Site ("User Content") if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of CraftMyGift or another user.|
|These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.|
|If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.|
|We welcome all comments and feedback which you submit to us by email or otherwise through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of CraftMyGift.|
|While we endeavor to provide the most accurate, up-to-date information available, the directories and information on our site may be out of date or include omissions, inaccuracies or other errors. Our site and the materials therein are provided "as is" and "as available." we do not promise that our site or any services offered on our site will be error-free or uninterrupted, or that the use of our site or any content, search or link on them will provide any specific results.|
|If you have any comments or questions, please do not hesitate to email through the following link: Contact Us or by writing to us at:
No 945, 11th Main
HAL 2nd Stage
Bangalore - 560008