PLEASE READ THESE TERMS AND CONDITIONS carefully before using this website (the Site™). These Terms and Conditions apply to all visits and use of the Site, as well as to the Content (as defined hereafter), information, recommendations and / or services provided to you on or through the Site. By accessing and using the Site, you signify your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and / or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety please leave the Site.

OWNERSHIP OF CONTENT

The Site is owned and operated by Brandsoft Solutions USA. All of the content featured or displayed on the Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Leather Culture, All elements of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Brandsoft Solutions USA, no portion or element of the Site or its Content may be copied or re-transmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of the relevant member of the Leather Culture, unless otherwise expressly agreed.

COPYRIGHT AND TRADEMARKS

Copyright: The copyright in all Content is and remains owned by Brandsoft Solutions USA. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.

In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Brandsoft Solutions USA. Brandsoft Solutions USA does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Brandsoft Solutions USA retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, recompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Trademarks: All trademarks, service marks and trade names of Brandsoft Solutions USA used herein (including but not limited to: the word mark “Brandsoft Solutions USA”, “the Brandsoft Solutions USA logo” are trademarks or registered trademarks of Brandsoft Solutions USA or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Brandsoft Solutions USA trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Brandsoft Solutions USA’ prior written consent. The use of Brandsoft Solutions USA trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Brandsoft Solutions USA.

In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Brandsoft Solutions USA. Brandsoft Solutions USA does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Brandsoft Solutions USA retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, recompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

DISCLAIMER OF WARRANTIES

THE SITE AND THE CONTENT ARE PROVIDED ‘AS IS’ AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.

MISUSE OF THE SITE

You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.

PARTICIPATION DISCLAIMER

From time to time Brandsoft Solutions USA makes it possible to view and distribute content generated by you, for instance through e-postings and sending postcards to others persons. If you make use of this you acknowledge that Brandsoft Solutions USA only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users.

Brandsoft Solutions USA reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or otherwise unacceptable to Brandsoft Solutions USA.

MISCELLANEOUS

Unsolicited ideas: Brandsoft Solutions USA maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Leather Culture. You should therefore not post any Materials on the Site or send these to Rosedale Plaza by e-mail or otherwise.

How you can contact us: If you have any questions or comments about the Site or any of our services, please visit contact page and fill the form.

Changes to the terms: Brandsoft Solutions USA reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Leather Culture Privacy Policy) will mean you accept those changes.

Purchases: When we make it possible to order products via the Site, please also read the terms and conditions that will apply to those purchases. You can find these terms and conditions on the page where you can place your order.

Applicable Law and Jurisdiction: These Terms and Conditions shall be governed by the laws of India and the parties hereby submit to the non-exclusive jurisdiction of the Indian Courts. If any portion of these Terms and Conditions become void, it will not affect the validity and enforce-ability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.

Conditions of Use: ‘THE CUSTOMER AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

1. GENERAL: 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.

2. DEFINATIONS:

(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.

3. 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.

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 shipping cost.

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 order@giftstokolkata.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:

  • Within 72 hours unless specified otherwise from the time of credit card transaction.
  • This does not apply to orders to be delivered to outside of Kolkata.
  • 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.
  • Change in delivery time is subject to natural events (storms, heavy rain etc.) or city strikes (bandh, hartaal) or transport/business strikes.
  • Delivery time depends on the availability and inventory of the particular product(s) selected.

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 though.

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 etc.).

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 card transaction.

16. Order cancellation and refund request:

  • Please request cancellation within 24 hours of order placement or 48 hours before requested delivery date.
  • If the order is processed but not delivered, a refund will be applied after deducting 7% for processing fee.
  • No refund can be applied for orders with request for same day delivery.
  • No refund can be applied if a delivery attempt is made and could not be delivered due to:
  • Incomplete/Wrong data such as erroneous address or name.
  • Recipient is unavailable, or, no one is available to accept the order or recipient refused to accept the item(s).
  • 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 illness.

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 your account.

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.