Terms & Conditions
'THE CUSTOMER AGREES TO THE FOLLOWING TERMS AND CONDITIONS:
The customer shall be deemed to have placed order with \'Brandsoft Solutions
USA. through GiftsToKolkata.com. having fully understood and accepted all the
terms and conditions and be it clearly mentioned and understood herein that by
placing the order with \'Brandsoft Solutions USA\' itself through
GiftsToKolkata.com, the customer acknowledges, understands and accepts all the
terms and conditions and the customer shall not dispute the same in future in
any circumstances whatsoever.
(i) Brandsoft Solutions USA: The Company owns and operates GiftsToKolkata.com .
(ii) Business Solutions USA Private Limited. : The Company providing the
delivery service in India.
(iii) GiftsToKolkata.Com. : The web-site throuh which the delivery service is
(iV) Customer : The person using the delivery service and ordering the
gifts/products for the recipient.
(v) Gifts/Products : Things ordered by the customer to be delivered in India.
(vi) Perishable Gifts/Products : All gifts/products in Flowers, Cakes, Fresh
Fruits, Chocolates and Dry Fruits, Restaurant Food, Fresh Fish and Meat,
Special Combo Packs and Sweets section.
(vii) Non-perishable Gifts/Products : All gifts/products except perishable
The gifts delivered to the recipient will be generally as per the description
of the article and as per the picture chosen by the customer. There may be
variations in appearance and colors especially in the perishable goods like
flowers, cakes, fruits,chocolates, snacks and Indian Sweets. The non-perishable
articles like handicrafts, and other handmade products may also have variations
as these goods are hand made. The customer agrees to the variations and
understands the nature of the variations and allows Brandsoft Solutions USA and
Business Solutions Private Limited to deliver a product which is similar to the
product picture exhibited on the GiftsToKolkata.com web-site.
4. DISPUTES & JURISDICTION
(i)"GiftsToKolkata.com" is owned and operated by Brandsoft Solutions
USA in the State of California, USA. As such, the laws of the State of
California will govern these disclaimers, terms and conditions, without giving
effect to any principles of conflicts of laws. We reserve the right to make
changes to our site and these disclaimers, terms and conditions at any time.
(ii) Brandsoft Solutions USA shall not be responsible for any loss or damage
arising out of unfulfilled orders, except reimbursing the client for the order
5. PAYMENTS : Gifts/Products will be delivered only upon full payment. All
prices are in US Dollars. Payments will be accepted in US Dollars and charged
to the credit card in US Dollars.
6. ACCURACY OF INFORMATION AND INTENT OF MAKING PAYMENT:
The customer promises that the information provided through GiftsToKolkata.com
to Brandsoft Solutions USA or its authorisd online retailer will be true,
current, correct and accurate including credit card numbers and addresses. The
customer also agrees to pay all charges incurred by them by credit cards or
other payment mechanism at the prices in effect when such charges are incurred.
7. BRANDS, TRADE MARKS & LOGOS :
Brandsoft Solutions USA and Business Solutions Private Limited is providing
service and engaged in the delivery of goods and services. We do not claim any
right or representation of any of the brands. All brands belong to the
respective owners. Brandsoft Solutions USAand Business Solutions Private
Limited do not have any exclusive selling or distribution rights. All brands
are displayed in the catalog to add variety to the content and allow the
customer a wider choice in selection of gifts. Each manufacturer holds the sole
responsibility for the quality and performance of its respective branded
products. For any defect in quality or performance of any gifts/products, the
Brandsoft Solutions USA and Business Solutions Private Limited shall not be
held liable at all.
8. PRICE :
The price of all the products is inclusive of all taxes, duties and other
levies. It also includes the Delivery, Handling, Credit Card Processing Fees or
any other expenditure directly related to the fulfillment of the Order.
9. SITE POLICIES, MODIFICATION, AND SEVERABILITY:
The customer agrees to review other policies, posted on this site. These
policies also govern the customer\'s visit to GiftsToKolkata.com. Brandsoft
Solutions USA reserves the right to make changes to GiftsToKolkata.com website,
policies, and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition.
10. ELECTRONIC COMMUNICATIONS:
The customer consents to receive communications from Brandsoft Solutions USA
electronically. Brandsoft Solutions USA will communicate with the customer by
e-mail or by posting notices on this site. The customer agrees that all
agreements, notices, disclosures and other communications that Brandsoft
Solutions USA provides electronically satisfy any legal requirement that such
communications be in writing.
11. OTHER TERMS AND CONDITIONS :
(i) The customer agrees to defend, indemnify and hold Brandsoft Solutions USA
and Business Solutions Private Limited and its affiliates harmless from any and
all liabilities, costs and expenses, including lawyer\'s/attorneys\' fees, for
violation of this Agreement by the customer or the authorized users of his/her
account. The customer also agrees to defend, indemnify and hold Brandsoft
Solutions USA and its affiliates harmless from any and all liabilities, costs
and expenses, including attorneys\' fees, in connection with the use of the
Service or the placement or transmission of any message or information or other
materials by the customer or authorized users of customers\' account.
(ii) Brandsoft Solutions USA may modify this Agreement from time to time by
changing the above terms and condition.
(iii) The terms and conditions applicable to the customer will be the ones that
are prevailing on the day and time the customer places orders.
(iv) After placing the order through GiftsToKolkata.com, the customer cannot
and shall not question the legality and validity of the above terms and
Terms and Conditions for
shipping to KOLKATA & suburban area
1. Delivery is done to any place
in Kolkata and suburbs only.
2. For delivery to the suburbs of
Kolkata, please add extra
3. If we cannot deliver to an
address, we will send a notification and cancel the transaction.
4. If you are not sure if the
address is within the suburban range of the city where we deliver, please send
us email at email@example.com and we will let you know.
5. Please provide recipient's
phone number. In case no phone number is available, please provide detailed
direction to the address.
6. A minimum total of $5.00 order
will be appreciated.
7. Delivery Time:
o Within 72 hours unless
specified otherwise from the time of credit card transaction.
o This does not apply to orders
to be delivered to outside of Kolkata.
o Due to rush during holidays and
special festival occasions, please order in advance, as we may not be able to
deliver on such days within 72 hours.
o Change in delivery time is
subject to natural events (storms, heavy rain etc.) or city strikes
(bandh, hartaal) or transport/business strikes.
o Delivery time depends on the
availability and inventory of the particular product(s) selected.
o Special Notes:
8. Some restaurants do not have
Mutton Biriyani or any Mutton preparations on Thursday.
9. Please do not request delivery
time of morning for food items. Most of the shops open around noon. Some sweet
shops open late too. This helps in delivering food in fresh condition.
10. Please try to select related items from one shop; this helps in
faster and fresh delivery.
11. In case we can not complete an order due to unforeseen
circumstances, sometimes we have to cancel the order. We notify the customer by
email of any such happenings.
12. Sometimes shops do change the attributes of the items sold (color,
texture, look and feel, etc.).
13. The items delivered may not exactly match with the image displayed
on the web page. The selected items will be delivered from specified shop
14. Giftstokolkata.com reserves the right to NOT deliver an order
depending on several situations (non-availability of items, inability to
commute to the destination, abusive or threatening behavior from the recipient
15. If the product price changes by the time order is placed or the
product is not available, we may cancel the order and the corresponding credit
16. Order cancellation and refund request:
o Please request cancellation
within 24 hours of order placement or 48 hours before requested delivery date.
o If the order is processed but
not delivered, a refund will be applied after deducting 7% for processing fee.
o No refund can be applied for
orders with request for same day delivery.
o No refund can be applied if a
delivery attempt is made and could not be delivered due to:
1. Incomplete/Wrong data such as
erroneous address or name.
2. Recipient is unavailable, or,
no one is available to accept the order or recipient refused to accept the
o If the value of an order with
non-perishable items exceeds Rs.5000.00, a cancellation charge of 20% will
apply and the balance will be returned to customer.
17. Non perishable items can be held for 10 working days and can be
redelivered to an alternate address.
18. We can attempt to deliver perishable items only one time and
non-perishable items twice.
19. We do NOT produce or manufacture any perishable goods (like
Restaurant’s food, sweets, cake & fast foods...etc.) and we are NOT
responsible and liable for poor quality of food which can cause any kind of
20. No complaint regarding damaged/defective or poor quality would be
entertained unless the complaint is lodged within 2 hours from delivery
time for perishable goods (Restaurant’s food, sweets, cake & fast foods)
and 5 working days for non-perishable items.
21. Warranty, if any, on the goods sold will be as per the warranty
card from the manufacturer and can be claimed only form the manufacturer.
Giftstokolkata.com does not give any warranty or assure the quality and/or
performance of the goods.
22. The Customer agrees to provide authentic and true information.
Giftstokolkata.com reserves the right to confirm and validate the information
and other details provided by the Customer at any point of time. If upon
confirmation such Customer details are found not to be true (wholly or partly),
Giftstokolkata.com has the right in its sole discretion to reject the
registration and prevent customer from using the Services of Giftstokolkata.com
Shopping, and / or other affiliated websites without prior intimation whatsoever.
23. Giftstokolkata.com will not be responsible for any damage suffered
by customers from use of the services on this site. This without limitation
includes loss of revenue/data resulting from delays, non-deliveries, missed
deliveries, or service interruptions as may occur because of any act / omission
of the vendor. This disclaimer of liability also applies to any damages or
injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access to,
alteration of, or use of record, whether for breach of contract, tortuous
behavior, negligence, or under any other cause of action.
24. The Customer expressly agrees that the use of service(s)
Giftstokolkata.com Shopping is at the Customer's sole risk. The Service(s) of
Giftstokolkata.com Shopping is provided on an "as is" basis without
warranties of any kind, whether express or implied. Giftstokolkata.com its
affiliates, employees, agents, consultants, contracted companies make no
warranties of any kind, whether expressed or implied, for the service it is
providing or as to the results that may be obtained from use of the Service, or
as to the accuracy, reliability or content of any information, service, or
merchandise provided through this Service.
25. Giftstokolkata.com does not claim any right or representation of
any of the brands. All brands belong to the respective owners.
Giftstokolkata.com does not have any exclusive selling or distribution rights.
All brands are displayed in the catalogue to add variety to the content and
allow the customer a wider choice in selection of products. Each manufacturer
holds the sole responsibility for the quality and performance of its respective
branded products. Giftstokolkata.com does not represent or warrant to maintain
the confidentiality of information; although Giftstokolkata.com's current
practice is to utilize reasonable efforts to maintain such confidentiality. It
is also clearly understood that all warranties, implied or express take place
between the vendors and the customer.
26. The customer agrees to defend, indemnify and hold Giftstokolkata.com
and its affiliates harmless from any and all liabilities, costs and expenses,
including attorneys' fees, related to any violation of this Agreement by
them or your authorized customers of your account. The customer also agrees to
defend, indemnify and hold Giftstokolkata.com and its affiliates harmless from
any and all liabilities, costs and expenses, including attorneys' fees, in
connection with the use of the Service or the placement or transmission of any
message or information or other materials by you or authorized customers of
27. Giftstokolkata.com may at any time be able to modify the agreement
without any prior notification to you. Subsequent to any modified agreement if
you use the service you will be deemed to have agreed to accept and abide
by the modified agreement.
28. This agreement will be construed in accordance with the applicable
laws of India. The High Courts at Kolkata, India will have exclusive
jurisdiction in any proceedings arising out of this agreement.