Conditions of Use
'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 being provided.
(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 gifts/products.
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 amount.
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 conditions.