Shipping & Returns
(6). RETURN AND REFUND
· If you are not fully satisfied with your purchase of products sold by Us, you may return it in accordance with “Our Refund Policy”.
· Nitendra Flowercycling Private Limited provides refund on products in accordance with its Nitendra Flowercycling Private Limited’ Return and Refund Policy.
· User can access the Nitendra Flowercycling Private Limited’ Refund Policy available at the Website.
(7). SHIPPING POLICY
· Upon confirmation of payment for the order (“Order(s)”) placed by the you, the Company directly ships any such Order via third party logistic partners. Your Orders are inspected thoroughly before shipment to ensure they are in a perfect condition.
· After the Orders are shipped, the Users shall be issued a tracking ID against their Order. The Users will be able to track their Orders by visiting our Website. In case your Order is shipped through multiple shipments, a tracking ID shall be issued against each such shipment. The Customers may visit our website to track their respective shipments.
· The Orders will be dispatched within 2(two) – 3 (three) working days (excluding Sundays and public holidays) of confirmation of order and delivered within 7 (seven) - 8 (eight) working days from the date of dispatching such Orders. If you are ordering our products during any sale event on our Website, shipment may be a bit delayed due to increased volumes. The Users must note that all the timelines are provided on an assumption basis and could change due to unforeseeable circumstances.
· The shipping charges varies in accordance with the dimension, height, weight, and location of delivery of the Orders. The Users can view the levied shipping charges upon checkout.
· Our delivery partners shall deliver the Orders on best effort basis, however, in case they are unable to deliver the same, the Orders shall be returned to the Company and the return or exchange option shall be given to the Customers in accordance with the terms of the return and refund policy of the Company.
(8). CANCELLATION
You can cancel your order at any time without any cost before the product is dispatched. Such cancellation request must be placed within normal business hours i.e. 10 a.m. – 7 p.m. In the event, a cancellation request has been placed after the business hours, it will be considered as a request placed on the subsequent day and Nitendra Flowercycling Private Limited shall not be liable if the Order is dispatched on the day of the receipt of such cancellation email after the business hours.
Please note that there may be a delay between the product’s dispatch and the delivery of dispatch confirmation e-mail to you. Nitendra Flowercycling Private Limited’s decision shall be final regarding the question of whether any ordered product has been dispatched prior to the cancellation of your order.
(9). CONTENT
Nitendra Flowercycling Private Limited provides content on its Website which may be produced by us or by third-party. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.
(10). PRICING INFORMATION
10.1.1 Nitendra Flowercycling Private Limited strives to provide accurate and correct information at all times. However, sometimes errors may occur.
10.1.2 Nitendra Flowercycling Private Limited can only confirm the actual price of the order once the order is placed.
10.1.3 Notwithstanding Clause 8 (Cancellation), we hold the right to cancel your order if the price of the product and/or product information is inaccurately listed due to some technical error. However, this Clause 10.1. 3 would not apply in case the order has already been delivered.
10.1.4 In the event, where the price of the product and/or product information has been wrongly listed, Nitendra Flowercycling Private Limited will first contact you for instructions and only upon your explicit instruction to process the order, will Nitendra Flowercycling Private Limited deliver the order. In all other cases such an order shall be deemed to be not received.
10.1.5 Further, if we cancel the order and the payment for such order has already been made then such amount will be credited back to the source account subject to the Refund Policy of the Company.
10.1.6 Upon our sole discretion we may cease or discontinue listing a product on our Website. Further, we may also change the price and/or any other information about the product. Any such change may not be notified or intimated to you.
(11). MISCELLANEOUS
Risk of loss
· Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery by the carrier.
· Jurisdictional Issues
· The Website are controlled and operated by Nitendra Flowercycling Private Limited from Mughalsarai of Chandauli district, and is not intended to subject Nitendra Flowercycling Private Limited to the laws or jurisdiction of any state, country or territory other than that of India. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
(12). INTELLECTUAL PROPERTY
Unless otherwise specifically mentioned in these Terms, in addition to the content, all of the content available through the Website (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio, User content and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or respective third-party or licensed to us by a third-party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Website. Our name and logo and such others are our trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks, and logos or of the trademarks, service marks or logos of those other organisations.
(13). DELETING YOUR ACCOUNT
· Nitendra Flowercycling Private Limited reserves the right to terminate your account in case you are found in violation of the Terms.
· Nitendra Flowercycling Private Limited will not be responsible for any losses arising out of such termination of account.
· Consequences of termination: Upon the termination of your account, Nitendra Flowercycling Private Limited shall be relieved of all future liabilities and obligations towards you.
(14). CONDUCT OF THE USERS
· You hereby agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
· is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;
· infringes any patent, trademark, copyright or other proprietary rights;
· violates any law for the time being in force;
· threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
· contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
· is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
· provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
· engages in commercial activities without Nitendra Flowercycling Private Limited’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
· interferes with another Users use and enjoyment of the Website;
· You may not decompile, reverse engineer, or disassemble the contents of the Website, Our Content or Software or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website, Our Content or Software or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website.
· You will not (a) use the Website for commercial purposes of any kind, or (b) advertise or sell domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website in any way that is unlawful, or harms Nitendra Flowercycling Private Limited or any of their Representatives. (as defined below)
(15). CONFIDENTIALITY
As elaborated under the Privacy Policy, Nitendra Flowercycling Private Limited will keep all confidential information confidential, including your personal information, and shall not disclose it to anyone except as provided in the Terms and required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Nitendra Flowercycling Private Limited acknowledges that its employees, directors, agents and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. Nitendra Flowercycling Private Limited shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of these Terms of confidentiality.
(16). PROPRIETARY RIGHTS
The Website is protected by copyright laws as well as other intellectual property laws as applicable. Nitendra Flowercycling Private Limited shall retain ownership in and to the Website and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Website subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.
(17). PRIVACY POLICY
The Users agree that they have read through the privacy policy (“Privacy Policy”) that is provided on the Website and have understood and agreed to the terms incorporated therein. The Users consent to the use of their personal and non-personal information by Nitendra Flowercycling Private Limited in accordance with the terms of as set forth in the Privacy Policy.
(18).INDEMNIFICATION
You agree to indemnify and hold harmless Nitendra Flowercycling Private Limited, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their Representatives, from any claims, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys' fees, made by any third-party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third-party.
(19). FEEDBACK AND SURVEYS
Any feedback you provide on the Website regarding the listed products, through any surveys undertaken by us shall be deemed to be non-confidential. The Website shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Nitendra Flowercycling Private Limited is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from Nitendra Flowercycling Private Limited for the feedback or survey data under any circumstances, unless specified.
(20). ASSIGNMENT
Nitendra Flowercycling Private Limited reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party.
(21).TERMINATION
· These Terms are effective unless and until terminated by either you or Nitendra Flowercycling Private Limited.
· You may terminate the Terms at any time, provided that you discontinue any further use of the Website. Nitendra Flowercycling Private Limited may terminate the Terms at any time and may do so without any prior notice.
(22). DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE WEBSITE ARE PROVIDED BY NITENDRA FLOWERCYCLING PRIVATE LIMITED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NITENDRA FLOWERCYCLING PRIVATE LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. NITENDRA FLOWERCYCLING PRIVATE LIMITED SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE USER’S SOLE RISK. NITENDRA FLOWERCYCLING PRIVATE LIMITED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, NITENDRA FLOWERCYCLING PRIVATE LIMITED DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
(23). LIMITATION OF LIABILITY
IN NO EVENT SHALL NITENDRA FLOWERCYCLING PRIVATE LIMITED, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NITENDRA FLOWERCYCLING PRIVATE LIMITED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF NITENDRA FLOWERCYCLING PRIVATE LIMITED VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF ANY FEES/AMOUNT PAID BY THE USER TO NITENDRA FLOWERCYCLING PRIVATE LIMITED. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
(24). SEVERABILITY AND WAIVER
These Terms, the Privacy Policy and other referenced material herein or on the Website, are the entire agreement between you and Nitendra Flowercycling Private Limited with respect to the Website as entailed herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Nitendra Flowercycling Private Limited with respect to the service and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
(25). JURISDICTION
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mughalsarai(Chandauli), India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mughalsarai(Chandauli), India and the language used shall be English
(26). GRIEVANCE REDRESSAL
· Pursuant to the Consumer Protection (Direct Selling) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020 the Company shall acknowledge the User complaint within 48 (fourty-eight) hours of receiving such complaint and shall on a best effort basis resolve the User grievance within 1 (one) month of receiving such complaint. The User can track the status of complaint by calling on the number provided to the User along with the ticket number generated at the time of lodging such complaint
· In the event, you want to report a grievance that you might have with our product and/or service or for any other general query, you may contact our customer care on the below-mentioned information:
· Number: +91 9919944321
· Email: aradhyakriparanu@gmail.com
· In the event, the customer care d not acknowledge the receipt of the complaint and/ or query within 24 (twenty-four) - 36 (thirty-six) hours, you may contact the Grievance Officer. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
· Name: Mr. Rabindra Nath Trivedi, Nitendra Flowercycling Private Limited