Terms and Conditions

Welcome to www.freshdaykart.com is an online shopping portal of Freshdaykart for the range of retailed products and brands of Freshdaykart  in India.

Definitions
            
 "Agreement" means the terms and conditions as detailed herei n including all schedules, appendices, annexure, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced time to time. www.freshdaykart.com  or the “Site” means the online shopping portal owned and operated by Freshdaykart which provides a plat to the shoppers to buy the products listed on the site."Vendor" / "Seller" / "Affiliate" shall mean the person or any legal entity who offers for sale, sells the products or services on www.freshdaykart.com. "Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on site by placing an order for and or purchases any products offered for sale on the site."User" / "You" means and includes you and / or any person or an entity including Vendor / Seller / Affiliate using or accessing the services provided on this Site.

Eligibility

 You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Terms

This Agreement shall continue to be in full force and effect for so long as you are using the site. The site provides the online shopping plat 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 Payment” 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.

Termination

Either User / You or Freshdaykart may terminate the agreement at any time, with or without cause. However, Freshdaykart reserves the right, in its sole discretion, to terminate your access to the products and services offered on the site or any part there of at any time, without notice.


Modification of Terms and Conditions

Freshdaykart may at any time modify the terms and conditions contained on the Site without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the revised Terms and Conditions.


Online Shopping Platform

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. Freshdaykart accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.After the receipt of payment the Buyer / cash on delivery as the case may be, Freshdaykart shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer. Any and all orders placed by you on this site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.


Product Pricing

Product prices listed on the website are current. While every care has been taken to label the products accurately, errors in data entry and updation may occur. Freshdaykart reserved 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. Prices are subject to change without advance notice. 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.
 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. Some products which are listed on the web stores such as fresh fruits and vegetables are products where prices change on a daily basis. You will be billed the prices prevalent during the invoicing of the products. However, for the products such as fresh fruits and vegetables, differential amount due to differential weight shall be adjusted in the customer invoice copy on delivery. Our products are liable for taxes, as applicable in India.

Out of Stock situations

 Our endeavor is to ensure that all products listed on the site are available in stock for dispatch to the buyer. However in case this in not available for any reason, we will contact you within 2 business days and give you the option to exchange or cancel the order based on your convenience.


Payment Options

The following modes of payments are available:
a) Credit Cards - Master Card, Visa, Diners
b) Debit Cards - Master Card, Visa, Maestro and Rupay
c) Netbanking / Direct Debit payments from select banks in India. A full list is available at the time of check out and prior to making payments for purchases
d) Cash On Delivery. As per the government ruling we shall not be accepting any 500 and 1000 rupees notes for CoD orders till further notice.


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 web store 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 authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Suspension due to non-compliance with Agreement
Notwithstanding other legal remedies that may be available to Freshdaykart , Freshdaykart may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and / or refuse to provide user with access to the Site.

    If the User is in breach any of the terms and conditions of this Agreement;

    If the User has provided wrong, inaccurate, incomplete or incorrect initiation;

    If your actions may cause any harm, damage or loss to the other Users or Freshdaykart

 
Indemnity

User agrees to defend, indemnify and hold harmless Freshdaykart, 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 their actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this agreement or arising out of the serving 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.

Governing Law and Jurisdiction

This website is created and controlled by Freshdaykart in Kerala, 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 Alappuzha, Kerala, India, in all disputes arising out of or relating to the use of the Freshdaykart Site. Use of the Freshdaykart Site 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 Freshdaykart, 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 Freshdaykart Site.


Intellectual Property Rights

Freshdaykart and other names, graphics, logos, and icons denoting Freshdaykart or its products or services are the proprietary marks of Freshdaykart . These IPR's may not be used in connection with any product or service that is not offered by Freshdaykart , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Freshdaykart . All other trademarks not owned by Freshdaykart that appear on this site are the property of their respective owners.


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 Freshdaykart with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Freshdaykart with respect to this site. Any rights not expressly granted in these terms and conditions are reserved.


Submissions

Freshdaykart welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, initiation, or any other content you contribute to Freshdaykart or this site (including the name you submit with any content) will be assumed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Freshdaykart 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.


Shipment of Products

We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorized by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order The delivery will NOT be redirected / redelivered to any other address in any circumstance.
The selected product will be delivered only in the city it is mentioned as “available” on this Site.
Freshdaykart  shall not be held responsible for damage of products after delivery.
Freshdaykart  will contact the customer on the first time & confirm the date, time & address of delivery. If the delivery fails due to the following reasons, Freshdaykart will contact the customer 2nd time to deliver goods & levy delivery charges for the second attempt. In case the customer refuses to pay the second time delivery charges, Freshdaykart will refund the entire order money to the customer.
Freshdaykart  will consider the order delivery "failed" in the following cases

    Delivery not done due to wrong address.

    Recipient not available.

    Premises locked.

In case of floods / Heavy Rains / National Bandh we reserved the right to reschedule the delivery for another date.
In case the product is not delivered due to any of the above reasons, we will inform you about the same.
All claims for shortages or damages must be reported to customer service on the day of delivery through the contact us page on the web store. Also the said shortage of goods needs to be marked and signed on the delivery challan copy and returned to the delivery person.
 
Delivery charges

Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments.


Return & Exchange Policy

You may return a product brought from us in case of damage or defect within 1 days of purchase for non-perishable products and within 2 Hours of purchase for perishable products.
The return and exchange shall be in the form credit note only and there would be no refund of cash. The date of purchase is printed on the receipt.
However, after the period of 1 days for non-perishable product and 2 hours for perishable products from the purchase date, we cannot offer you a return & exchange.   

Important information

Products can be returned or exchanged only if the original receipt is presented.
The refund or exchange shall be subject to inspection and in case it is not approved, then no refund & exchange shall be initiated.
The Product must be unused and in the same condition that you received it. It must also be in the original packaging.
The credit note cannot be exchanged or extended beyond the validity mentioned on it.
We may change our Return & Exchange policy from time to time.
The above policy is valid on all products except gift cards and perishable items having shelf life of less than 2 days.

Disclaimer

"We as a Retailer shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time ". Thank you for visiting www.freshdaykart.com