Terms and Conditions for cakeholic14.com

Who we are

Our website address is: https://www.cakeholic14.com.

Terms and Conditions for cakeholic14.com

Introduction:

User Account, Password, and Security:

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Cakeholic14 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Cakeholic14 cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (b).

You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or Cakeholic14 has reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, Cakeholic14 reserves the right to indefinitely suspend or terminate or block access to your membership on the Website and refuse You access to the Website.

 

Communications:

When You use the Website or send emails or other data, information, or communication to Cakeholic14, You agree and understand that You are communicating with Cakeholic14 through electronic records and You consent to receive communications via electronic records from Cakeholic14 periodically and as and when required. Cakeholic14 may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

Services Offered:

Cakeholic14 provides an Email or number of Internet-based services through the Website (all such services, collectively, the “Service”). One such service enables users to purchase original Cakes products (collectively, “Products”). Upon placing an order, Cakeholic14 shall ship the product to you or the person you are gifting, and you will be entitled to make payment for the Services.

 

Use of the Website:
You agree, undertake, and confirm that your use of the Website shall be strictly governed by the following binding principles:

Charges:

Membership on the Website is free for buyers. Cakeholic14 does not charge any fee for browsing and buying on the Website. Cakeholic14 reserves the right to change its Fee Policy from time to time. In particular, Cakeholic14 may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, Cakeholic14 reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website, and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Cakeholic14 .

Privacy Policy:

The User hereby consents, expresses, and agrees that he has read and fully understands the Privacy Policy of Cakeholic14 in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website are permitted provided that Cakeholic14’s name is stated as the source and prior written permission of Cakeholic14 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.

 

User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

– Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
– Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
– Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
– Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.
– Conduct or forward surveys, contests, pyramid schemes, or chain letters.
– Download any file posted by another user of a Service that you know or reasonably should know cannot be legally distributed in such manner.
– Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
– Violate any code of conduct or other guidelines that may be applicable to any particular Service.
– Violate any applicable laws or regulations for the time being in force in or outside India.
– Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

 

Contents Posted on Site:

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website, or other medium for publication or distribution or for any commercial enterprise, without Cakeholic14’s express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You

(1) do not remove any proprietary notice language in all copies of such documents,

(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

(3) make no modifications to any such information, and

(4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become our property, and you grant us worldwide, perpetual, and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

 

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Cakeholic14.

 

Intellectual Property Rights:

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Cakeholic14 owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Website belonging to Cakeholic14 without obtaining authorization from Cakeholic14.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content onto the Website for public viewing and reproduction/use of your content by third-party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

 

Links To Third Party Sites:

The Website may contain or may not contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cakeholic14 or the Website, and Cakeholic14 is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Cakeholic14 is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Cakeholic14 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cakeholic14 or the Website of the Linked Sites or any association with its operators or owners, including the legal heirs or assigns thereof. Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Disclaimer Of Warranties/Limitation Of Liability:

Cakeholic14 has endeavored to ensure that all the information on the Website is correct, but Cakeholic14 neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or Service. In no event shall Cakeholic14 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 Cakeholic14 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, Cakeholic14 shall not be held responsible for the 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 Cakeholic14’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.

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Cakeholic14 does not warrant that:

– This Website will be constantly available, or available at all; or
– The information on this Website is complete, true, accurate, or non-misleading.

Cakeholic14 will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.

Cakeholic14 does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by us via phone calls, Email and/or SMS notifications. We will not use your personal information to initiate any promotional phone calls or SMS or Email.

 

Indemnification:

You agree to indemnify, defend, and hold harmless Cakeholic14 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 Cakeholic14 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.

Termination:

a) Cakeholic14 may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion, that you have breached a term of these Terms.
b) If you or Cakeholic14 terminates your use of the Website or any Service, Cakeholic14 may delete any content or other materials relating to your use of the Service, and Cakeholic14 will have no liability to you or any third party for doing so.
c) You shall be liable to pay for any Service or product that you have already ordered until the time of Termination by either party whatsoever.

Governing Law:

These terms shall be governed by and construed 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 Hyderabad.

Interpretation Of Number And Genders:

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.” Unless the context otherwise requires, the terms “herein,” “hereof,” “hereto,” “hereunder,” and words of similar import refer to the Terms as a whole.

Severability:

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.

Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded onto the Website. Cakeholic14 does not review the contents in any way before they appear on the Website. Cakeholic14 does not verify, endorse, or otherwise vouch for the contents of any user or any content generally posted or uploaded onto the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to support@cakeholic14.com.

Product Description:

Cakeholic14 does not warrant that the Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability:

IN NO EVENT SHALL Cakeholic14 BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF THE USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Pricing:

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 Cakeholic14’s discretion.

Payment:

While availing any of the payment methods available on the Website, we will not be responsible or assume any liability, whatsoever, in respect of any loss or damage arising directly or indirectly to you due to:

1,Lack of authorization for any transaction/s, or
2.Exceeding the preset limit mutually agreed upon by you and between your “Bank/s,” or
3.Any payment issues arising out of the transaction, or
4.Decline of transaction for any other reason/s.
All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Website. Before shipping/delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

Acceptance of orders:

1.The orders are accepted via the website, Android app, iOS app.

2.Only in case of special requirements, we accept orders via mail and Customer Care phone.

 

Exactness Not Guaranteed:

Cakeholic14 hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as delivered to the recipient.

 

We DO NOT guarantee delivery of the exact replica of the products mentioned on the website.

In the case of cakes – the bakeries use the pictures as guidelines, but they have their own style of preparing the same flavored cakes. Therefore, the cakes, though of the same flavor, might look different. In case the cake you ordered cannot be delivered due to unavoidable circumstances, we will deliver a similar cake of the same monetary value.
In the case of any other products, if we cannot deliver the same products due to unavoidable circumstances, we will deliver a similar product of the same monetary value.

Products and services delivery – Date and Time slots:

The time slots provided at the time of checkout can be selected by the user. These are preferred date and time slots of the customer. We strive to do deliveries on the selected date and time slot, but it is NOT A GUARANTEE. We are committed to doing delivery of products and services ordered until 24 hours of the requested delivery date and time slot. Failing to do so, we will refund the amount, not before that.

1.For daytime delivery, delivery time ranges from 10 AM to 10 PM.
2.No refund will be made if orders fail to be delivered within the provided time slot.
3.Only one attempt for delivery will be made. Please confirm the availability of the recipient before choosing the delivery time. If the recipient is not available at the time of delivery, a second attempt will not be made, and the order will be canceled. No refund will be made in such cases.
4.Delivery timings, if promised, cannot be guaranteed in case of special circumstances like extreme weather conditions, riots, strikes, elections, bandhs, during rush days like Valentine’s Day, Mother’s Day, Rakhi, New Year’s Eve, etc. Order cancellation would not be possible in such circumstances, and orders will be executed on the consecutive days.
5.Special day deliveries are processed until 52 hours of the requested delivery date and time slots.
Special days for Cakeholic14 are – Mother’s Day, Father’s Day, Diwali, Holi, Valentine’s Day, Rose day, Teddy day, Proposal Day, Hug day, Kiss Day, Friendship Day, Raksha Bandhan, Christmas, and New Year.

 

Delivery:

Title and risk of loss for all products ordered by you shall pass on to you upon Cakeholic14’s shipment. Thereafter, Cakeholic14 will not be responsible for any loss or damage to the product.

If the recipient receives the products in damaged condition:

1.The recipient should check the products delivered (cakes, flowers, any other) before signing the receipt.
2.If the product delivered is found damaged, the recipient should refuse to accept it and immediately inform Customer Care.
3.Any issues with the products delivered should be reported within 4 hours of receipt; after that, no request for replacement or refund will be entertained.
4.In case of badly damaged products, a replacement will be provided. Kindly allow a minimum of 6 hours for the replacement.
5.Courier product complaints should be informed within 48 hours after delivery. Complaints coming after 48 hours will not be undertaken.

Minimalistic and cosmetic damages like:

1.Name/message on the cake not written.
2.Name and message not attached to flowers.
3.Cream of cake/decoration on cake/flower packaging issues – will not be eligible for refunds/replacements unless they are severely damaged.

 

Keep as surprise:

For orders where Keep as Surprise is selected, we will deliver the order as requested without the receiver knowing the sender’s details. In case the receiver refuses to accept the order, then we will disclose the sender’s details for the order to be acknowledged and accepted by the receiver. If the receiver still does not accept the order, then the order will be returned, and it will be considered as Complete from Cakeholic14’s end. Due to time limitation and the gift items being of perishable nature, we will attempt our best to have the order delivered within a given timeframe.

Contact Us:

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to support@cakeholic14.com ,Customer care – Call us at +91 8247758500.

Available between 10 AM – 10 PM:

Non-Delivery of Products:

We will attempt delivery of your order only once. For perishable products, a delivery attempt can be made again subject to our decision, and you may be liable for an additional delivery charge in such cases. In the event the delivery is not executed during the attempt, the customer shall still be charged for the order, and no redelivery will be possible. We will consider the order executed in the following cases:

1. Wrong shipping/delivery address.
2. Premises locked.
3. Wrong landlines/mobile number or extension number, which may render us unable to reach the recipient for delivery.
4. Recipient refusing to accept the delivery.
5. Delivered the product at the Gate/Neighbor as per the instruction given by the receiver.
6. Recipient not available.

Cancellation Policy:

Please read the below-stated points for any cancellations.

Please understand that the points mentioned in the policies are with reference to the time slots on the Cakeholic14 website selected by the user in the checkout process.

Orders are processed in time slots, and we accept cancellation requests with reference to the time slot selected by the customer in the order placed. Consider the conditions stated below:

1. If the cancellation request comes to Cakeholic14 before 24 hours to the start of the time slot selected – 10% of the order value is charged as cancellation charges. 90% refund to Bank Account. NOTE – 100% refund can be requested in Cakeholic14 wallet, where we waive off cancellation charges.
2. If the cancellation request comes to Cakeholic14 between 12 – 24 hours before the start of the time slot selected – then 20% of the order value will be deducted as cancellation charges. 80% refund to Bank Account. NOTE – 100% refund can be requested in Cakeholic14 wallet, where we waive off cancellation charges.
3. If cancellation is requested within 12 hours to the start of the time slot selected – 100% of the order value will be deducted as cancellation charges. 0% refund to the Bank account or 0% to Cakeholic14 wallet applicable.

In any of the cases above, Wallet refunds and Bank refunds can be initiated only at the discretion of the company considering the reasons for cancellation like unfortunate events, calamities, or unavoidable circumstances. No claims to a refund can be made by the customer to overrule the above-stated clause.

NO cancellation requests are accepted on orders placed in the following categories:

1. Same-day delivery category – If your date of placing an order and delivery date of that order are the same, we do not accept a cancellation request. If you cancel it or the receiver does not receive it – you are not entitled to any refund.
2. Same-day midnight delivery orders cannot be cancelled.
3. Special day orders cannot be cancelled, and no refund is initiated for them.

Refund Policy:

Refunds in cases of cancellations are mentioned in the Cancellation policy, kindly refer to the same.

The acceptance of the order is subject to the availability of products, delivery areas, and time. The order may or may not be accepted. The order might be cancelled after assessing the circumstances and communicated to customers. In such a case, the amount paid by the customer is fully refunded to Cakeholic14 wallet or bank account.

Only one attempt for delivery will be made. Please confirm the availability of the recipient before choosing the delivery time. If the recipient is not available at the time of delivery, a second attempt will not be made, and the order will be cancelled. No refund will be made in such a case.

The refunds are only initiated once the customer confirms via mail where the refund has to be done – Cakeholic14 wallet or bank account.

Refunds for bookings cancelled will be done online through RTGS/NEFT within 4-5 working days.