- INTRODUCTION
Welcome to Fine Food! These Terms and Conditions govern your access to and use of the Website (defined below) among other things. By using this Website, you affirm that you are of legal age to enter into these Terms and Conditions, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms and Conditions and your parent or guardian consents to these Terms and Conditions on your behalf. If you violate or do not agree to these Terms and Conditions, then your access to and use of the Website is unauthorized. You shall not use this Website if you are not competent to contract under the applicable laws, rules and regulations.
1.1. DEFINED TERMS: In these Terms and Conditions * “Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced time to time. * When we say “Fine Food” we mean Fine Food an India based company incorporated under the Indian Companies Act and any subsidiaries of Fine Food (including any subsidiaries that Fine Food may form or acquire in the future), and their affiliates, directors, officers, employees and agents. We also refer to Fine Food as “we,” “us” and “our.” But when we say “Fine Food Entities,” we mean Fine Food; its suppliers, vendors, contractors, and licensors. * Fine Food is the owner and operator of www.finefood.in and is engaged in the business of curating, designing and selling consumer products under the brand name “Fine Food”. When we say “Website”, we mean the website www.finefood.in, and all related functionality, services, and content offered by or for Fine Food on or through www.finefood.in, and includes the systems, servers, and networks used to make the Website available. * When we say “you” or “your” we mean any customer or user (like you!) of this Website and any person who has notice of these Terms and Conditions. * When we say “Terms and Conditions,” we mean these Terms and Conditions and all other terms and policies posted by Fine Food on the website (and any updates by Fine Food to these Terms and Conditions and those terms and policies).
1.2. UPDATES: We may update these Terms and Conditions from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms and Conditions through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms and Conditions incorporating such changes or otherwise notified you of such changes. You agree that it your responsibility to regularly check www.finefood.in, for any updated Terms and Conditions. In addition, by continuing to use or access to the Website or otherwise engaging with Fine Food after we post any changes, you accept the updated Terms Website. The “Last Updated” legend indicates when these Terms and Conditions were last changed.
2. TERMS AND TERMINATION
2.1. This Agreement shall continue to be in full force and effect for so long as you are using the site. The Website www.finefood.in is an online shopping platform wherein the users can purchase/buy the products and services listed on it pursuant to the terms and conditions set forth below. By clicking on the “Proceed to Checkout” button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations.
2.2. These Terms and Conditions are effective unless and until terminated by either you or Fine Food. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of the Website. We also may terminate these Terms and Conditions at any time and may do so immediately without notice, and deny you access to the Website, if in our sole discretion you fail to comply with any term or provision of these Terms and Conditions.
3. USE OF THE WEBSITE
3.1. You certify that the information you provide on or through the Website is accurate and complete.
3.2. You are solely responsible for maintaining the confidentiality and security of your account including username, password, payment information etc.
3.3. Fine Food is not responsible for any losses arising out of the unauthorized use of your account.
3.4. You agree that Fine Food does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Website.
3.5. You agree that Fine Food is not a party to any such agreement, nor is Fine Food responsible for the content, accuracy, or unavailability of any method used for payment.
3.6. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the Website or any portion of the Website, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Website or any portion of the Website.
3.7. In connection with the Website, you will not:
3.7.1. Make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
3.7.2. Use the Website for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
3.7.3. Harvest or collect information about users of the Website.
3.7.4. Interfere with or disrupt the operation of the Website or the systems, servers, or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
3.7.5. Restrict or inhibit any other person from using the Website.
3.7.6. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Website except as expressly authorized in these Terms and Conditions, without Fine Food’s express prior written consent.
3.7.7. Reverse engineer, decompile, or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
3.7.8. Remove any copyright, trademark, or other proprietary rights notice from the Website.
3.7.9. Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, unless you obtain Fine Food’s express prior written consent to do so.
3.7.10. Cause injury to any person or entity.
3.7.11. Violate any law, rule, or regulation, or these Terms and Conditions.
3.7.12. You will not use the Fine Food’s name, logo, or brand to (1) send any unsolicited or unauthorized content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a Fine Food trademark, logo, URL, or product name without Fine Food’s written consent;
3.7.13. You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms and Conditions.
4. PRODUCTS PROVIDED BY Fine Food
4.1. NO PRODUCTS RELATED TO HEALTH, WELLNESS, NUTRACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY PRODUCT IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY SUCH PRODUCTS.
4.2. THE Fine Food ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE PRODUCTS.
4.3. Always read labels, warnings, directions, and other information provided with the product before using or consuming the product. For additional information about a product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with Fine Food’s Return Policy. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the purchase, possession, and use of any Product.
5. ORDER PLACEMENT AND ACCEPTANCE
5.1. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products, as well as all shipping and handling charges and taxes as may be applicable.
5.2. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is cancelled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is cancelled.
5.3. Fine Food reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Fine Food also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms and Conditions, “reselling” will be defined as purchasing or intending to purchase any product(s) from Fine Food for the purpose of engaging in a commercial sale of the same product(s) to a third party.
6. PAYMENT POLICY
6.1. PRICING INFORMATION
6.1.1. Product prices listed on the website are current. While every care has been taken to label the products accurately, errors in data entry and updating may occur. Fine Food reserves the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer. Fine Food may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the website or from prices available in Fine Food or on associated Fine Food apps. Prices are subject to change without advance notice.
6.1.2. All prices on this web site are given in Indian Rupees. For international cards used on the site, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument.
6.1.3. All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and raising of an invoice. Our products are liable for taxes, as applicable in India.
6.2. PAYMENT OPTIONS
We support the following payment options at Fine Food: * Credit Card (Visa, Master Card, Diners, etc.) * Debit Card (Visa, Maestro, RuPay, Master Card, etc.) * Net banking / Direct Debit payments from select banks. A complete list is available at the time of checkout process and prior to making payments for any purchases). * UPI * Wallets (GPay, PayTm, Amazon Pay, Phone Pe etc.)
6.3. PROMOTIONAL CODES
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
6.4. GIFT CARDS
6.4.1. Risk of loss and title.
The risk of loss and title to any gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
6.4.2. Nonreturnable; not for resale.
Notwithstanding anything contained in these Terms and Conditions, Fine Food plastic Gift Cards and eGift Cards (“Fine Food Gift Cards”) are not returnable or refundable for cash. Resale of Fine Food Gift Cards is strictly prohibited.
6.4.3. Acceptance locations.
Unless other restrictions apply, Fine Food Gift Cards may be used on-line at www.finefood.in.
6.4.4. Not for promotional use.
Fine Food Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
6.4.5. Lost or Stolen Gift Card.
Lost or stolen cards will not be replaced. Fine Food shall not have any liability towards (i) lost or stolen Fine Food Gift Cards or (ii) use of any Fine Food Gift Cards by third parties through your www.finefood.in account. You are solely responsible for keeping the password for your www.finefood.in account safe and for any activity conducted under your account.
6.5. CASH ON DELIVERY
We do not offer cash on delivery.
6.6. GST CHARGES
6.6.1. GST is a single tax on the supply of goods and services that is levied on every value addition (through production and services) and is added to a product’s sale price. GST has to borne/paid by the ultimate consumer of the product or service. If your order is fulfilled on or after July 1st 2017, GST will be applicable on your orders. GST subsumes all other taxes like Excise duty, VAT, Entry tax etc.
GST amount: If applicable, the amount of GST collected from customer depends on category.
6.7. PAYMENT FAILURE
Please retry making the payment after ensuring that the information entered is accurate, including all account details, billing addresses and passwords. If your payment is debited from your account after a payment failure, it will be credited back within 7-10 days, after we receive a confirmation from the bank.
6.8. REFUND OF GST AMOUNT ON CANCELLED / RETURNED PRODUCT
If you return the product, the applicable GST/VAT amount will also be refunded into the source account selected at the time of return initiation. However, no refunds of GST/VAT shall be made in relation to shipping charges collected from the consumer under Fine Food shipping policy.
6.9. PAYMENT SECURITY
Transactions on the website are protected by SSL (Secure Sockets Layer) and Secure Data Encryption using a 1024-bit process. Any information you enter when transacting with the webstore is sent in a Secure Socket Layer (SSL) session and is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that it follows the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorised and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
9. CANCELLATION POLICY
9.1. CANCELLATION BY THE CUSTOMER After placing an order, in case you want to cancel your order, you can easily do so until it has not been processed or shipped by us and is in our warehouse i.e. max. 24 hours from order placement. Any amount already paid by you will be refunded back. Contact our customer support to help you with this process as swiftly as possible. We will not be able to cancel those orders that have been already processed and shipped.
Get in touch with us via our contact form. Alternatively, look for the order support contact information provided in your order receipt e-mail. Allow us reasonable time to track the order status and thereby cancel it for you.
9.2. CANCELLATION BY Fine Food
While our endeavour is to ensure that every order that has been successfully placed with Fine Food, there are some situations in which we may have to cancel the order(s). some of the situations that may result in your order being cancelled include (but not limited to):
* Limitations on quantities available for purchase;
* Inaccurate or insufficient address;
* Product no longer available or temporarily out of stock;
* Inaccuracies or errors in product pricing or information.
We will contact you within 2 business days of such cancellation and give you the option to exchange / refund / cancel the order based on your convenience.
10. GRIEVANCE REDRESSAL
Fine Food believes in providing the best experience to our customers. However, if you do feel we can improve our services, you can contact us through the below mentioned details, and we will be glad to assist you.
In accordance with Information Technology Act 2000 and rules made there under, the Name and Contact details of the Grievance Officer are provided below:
Grievance Officer via email on team@finefood.in OR call on 022 4343 0000 with the details of your suggestions or complaints. We will respond within three (3) business days from the date of receipt of your email.
11. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless Fine Food, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or Termination of this Agreement.
12. GOVERNING LAW AND JURISDICTION
This Website is created and controlled by Fine Food in Mumbai, India and the laws of India shall apply. This agreement is governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You agree to indemnify and hold Fine Food, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Website.
13. INTELLECTUAL PROPERTY RIGHTS
Fine Food and other names, graphics, logos, and icons identifying Fine Food or its products or services are the proprietary marks of Fine Food. These IPR’s may not be used in connection with any product or service that is not offered by Fine Food, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fine Food. The names and logos of third party products shown on the Website are the property of their respective owners.
14. ENTIRE AGREEMENT
These Terms and Conditions, together with Privacy Policy, and other rules and policies posted on the site, which are hereby incorporated as set forth fully in these Terms and Conditions, constitute the entire agreement between you and Fine Food with respect to your use of and material available through the Website, and they supersede all prior or contemporaneous communications and proposals between you and Fine Food with respect to this Website. Any rights not expressly granted in these Terms and Conditions are reserved.
15. SUBMISSIONS
Fine Food welcomes your comments about your experiences shopping with us and your suggestions about how to improve this Website. Any comments, ideas, suggestions, initiation, or any other content you contribute to Fine Food or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Fine Food to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this Website and that use of your content by Fine Food will not infringe upon or violate the rights of any third party.
DISCLAIMER
We reserve the right to modify these policies at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If we undergo any changes in the legal status with respect of acquisition or merger with another company, your information may be transferred to the new owners so that we may continue to sell products to you.