Terms & Conditions

CakeonClick.com is a one stop destination site where you can order super amazing cakes online from various bakeries available in the city of recipient. Unlike other gifts or flower websites where cakes or flowers are available at a SUPER PREMIUM PRICE; Cakeonclick.com is the only ONLINE bakery supermarket where cakes, pastries and cookies are available at the Same Price at which they are available in the bakery shop (It excludes Make My Cake and Photo cakes as their price depends upon the customization desired by the customer).
Cakeonclick.com operates under the network of Kivi Retail Services LLP, a company formed under the Company’s Act 2013.
By placing an order on Cakeonclick.com, either directly on http://www.cakeonclick.com/ or through one of our customer services team over the telephone or by installation of mobile application software provided by cakeonclick.com, or by selecting "I Accept The Terms & Conditions And Privacy Policy" checkbox you understand, accept and agree to be bound by these on-line shopping terms and conditions, the privacy statement and such other policies as notified by cakeonclick.com to you from time to time, which together constitute the entire agreement between us. By selecting the "I Accept The Terms & Conditions And Privacy Policy" checkbox you also agree to receive registration, order status, email marketing and other communication from cakeonclick.com and its sister concerns.
Subject to Applicable Law, cakeonclick.com may, in its discretion, from time to time amend or otherwise modify the Terms & Conditions. Cakeonclick.com recommends that you carefully read the Terms and Conditions every time you visit the Website as the same may affect your rights.
If you don’t agree with the Terms & Conditions of Use, do not use the Website.



Privacy Policy

When you place an order, we collect certain personal & some transactional information. For details regarding the same please refer to our Privacy Policy. Privacy policy forms a part of terms & conditions.



Website & its access

These Terms & Conditions apply to all users of the Website. The Website may include content, information or links to third parties or third party websites. By accepting these Terms & Conditions you agree to hold harmless and relieve cakeonclick.com and its affiliates from any liability whatsoever arising from your use of information from a third party or your use of any third-party website and any you agree and acknowledge that viewing and usage of the contents of any such third party website is solely made at your own risk.
You pronounce that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms & Conditions and to abide by and comply with these Terms & Conditions.
Except as expressly provided herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror or otherwise use any information or material obtained from or through this Website without the prior written permission of the material's owner.



Platform Provider

Cakeonclick.com offers an aggregation platform where cakes, flowers, chocolates, gifts etc are available online through various bakeries, florists, gift shops available in the city of recipient.
We do not manufacture/bake/produce cakes, flowers, gifts etc of our own. We only procure cakes, flowers, gifts etc from the local bakeries/vendors in your (recipient’s) city. The quality & quantity of the products (cakes, flowers, gifts etc) are as provided by the local bakeries/vendors in your city. No additions & deletions are done by cakeonclick.com to the appearance, quality & quantity of the products. These cakes, pastries or cookies will be delivered in the most convenient manner at the doorstep of your loved ones on click of a mouse. For delivery cake on click charges a bare minimum delivery fee which is lesser than the cost of the fuel you burn for bringing home the desired cake/pastry.
Cakeonclick.com can’t be held responsible for any damage, injury even death caused due to eating, consumption, use or application of the products (cakes, flowers, chocolates, gifts etc) listed on its website.



Resolution of Products

We made our best possible effort to display the color, specifications & dimensions of the products listed on website as accurate as possible. However, the colors of items you see on cakeonclick.com will depend on the resolution of your monitor; we cannot guarantee that your monitor's display of any color will reflect accurately the color of the item delivered. We may from time to time vary the dimensions, specifications and quantities of items displayed on our website without prior notice.



Availability & Substitution

We accept orders for items subject to availability. If for any reasons the items (products available on cakeonclick.com) you have ordered are no longer available or discontinued by the manufacturer etc, we shall contact you using the contact details provided by you while placing the order.
Cakeonclick.com reserves the right to substitute the product (Including specified color) / other products with equal or higher value. Or Cancel the item from your order and give you a full refund in respect of that item or if we are unable to contact you or do not receive a response from you, we will process any remaining items on your order and refund you for the items we were unable to supply.



Changes to the order placed

If you wish to amend or cancel your order, please email us at care@cakeonclick.com. For all such request received we will try our best to amend/cancel your order however, if it is not possible to amend/cancel the order we cannot guarantee we shall be able to make the changes. Any order placed for same/next day delivery in India can not be amended/cancelled once they are in ‘processing’.
Orders placed for same day delivery can’t be amended/cancelled in any circumstances except in case of Force Majeure. Refunds pertaining to such orders will not be entertained in any case.
Please note that, once your order is in ‘processing’, cancellation of your order is not possible and is entirely at our discretion.
Note: Cakeonclick.com will not entertain any complaint for perishable products like cakes, flowers etc. after 4 hours from the time of delivery.
Order related Communication Shortly after placing an order, you will receive an Order Confirmation e-mail which will contain details of your order, including the order number, (required in the event you wish to contact cakeonclick).You will also receive a confirmation e-mail/sms from cakeonclick when your product has been delivered.



Your Account/Profile

By registering with us i.e. open an account on our website (or may opt for Guest checkout) to buy products offered by us, you agree to abide by all terms and conditions and privacy policy etc. You are completely responsible for maintaining the confidentiality of your account, user name and password and for preventing unauthorized access to your profile. You agree to be responsible for all activities that occur under your account or password. Please ensure that your user name and password is kept confidential and secure. Cakeonclick.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.



Uploaded photos

All photos submitted to cakeonclick should be reviewed by the customer for offensive, racist or any unsuitable material. Once you upload the photograph (to be used for photo cakes, personalized gifts etc) cakeonclick shall review the photograph & if it is found to be offensive it will not be allowed to be printed on cakes or any personalized item. In such a case we will contact you based on the details provided by you while placing the order. We will contact you to replace the photograph; if no response is received from your side in 3 hours (or in case of urgency the response time can be reduced to 1 hour also) then we will be compelled to cancel the order placed & only 40% refund will be made by us towards that particular order. And refund will be made to the designated bank account from where the payment was made (if paid through online payment mode). Cakeonclick in any circumstances can’t be held responsible for such kind of cases/incidences and no claims will be entertained thereafter. In such a case decision of cakeonclick management will be final.
We do not accept responsibility for the suitability of photograph provided by you to be printed on personalized items or cake or anything and it is the customer who shall be responsible for the content of their picture.
Furthermore, we reserve the right not to refund for offensive photos (or 40% of the amount paid for that particular order can be refunded as the case may be) that we have to discard, as we have to print the photos.
Cakeonclick.com can’t verify the intellectual property rights of a photograph; it is the responsibility of the customer to ensure that the same are not infringed. Almost all commercial works, including photographs, can be protected by copyright, even if they do not have a copyright notice. People's right of privacy must also be respected. All such issues are the responsibility of the customer; Cakeonclick.com will print and send the photos submitted to it in good faith.
We reserve the right to remove a photo from both the "public" area of the site at our absolute and sole discretion.
If a photo is your own, you own the copyright to it. However, by uploading/sending a photo to cakeonclick.com and giving it "Public" status, you grant cakeonclick.com the right to use your photo to promote in any medium we choose. Should you wish to change the status of your photo from "Public" to "Private", please contact us and we will be happy to do so.



Products & their Pricing

All products listed on our website, their descriptions, and their prices are each subject to change. Cakeonclick.com reserves the right, at any time, to modify, suspend, or discontinue the sale of any product or services with or without notice. You agree that Cakeonclick.com will not be liable to you for any modification, suspension, or discontinuance of any product or service. In case a product or service is listed with incorrect information (including price) due to any error, Cakeonclick.com shall have the right, prior to the acceptance of any order, to decline or cancel any such orders, whether or not the order has been confirmed and/or you have been charged for such product or service. If you are already been charged for the order and Cakeonclick.com cancels your order, for any reason whatsoever, Cakeonclick will credit the amount to your credit/debit card or bank account in the amount of the charge.



Payment

For each product or service you order on the Website, you agree to pay the price applicable for the such product or service as of the time you submitted your order, the delivery fees for the delivery service you select, if any, and any applicable taxes. The payment page is secure & information provided there will be kept confidential by payment gateway provider.
Please do not send any debit card, credit card passwords/PIN etc through email or over call. Cakeonclick never asks for such confidential, personal information.
Accordingly, please do not send us payment information using Email. For details of the security measures we follow please read our Privacy Policy. We will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide to us when placing an order. All payments are non-refundable (except as expressly set forth in the Terms and Conditions).



Indemnity

You undertakes and agree to indemnify, defend and hold harmless Cakeonclick, its affiliates, and all of its employees, officers, directors, proprietors, partners, vendors, representatives, shareholders, servants, attorneys, accountants, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities (which includes actions, suits, proceedings, investigations, complaints, claims, demands, orders, decrees, rulings, injunctions, judgments, directives, notices of violation, liabilities, liens, losses (including loss of value), damages, penalties, fines, settlements etc), costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising in connection with (a) your use of and access to the Website; (b) your violation of any term of these Terms & Conditions; and (c) your violation of any third party right, including categorically any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; and (v) use of the User Submissions by Cakeonclick.



Governing Law And Jurisdiction

By accessing this website, you agree that the validity, construction and enforceability of this Agreement (between you and cakeonclick.com(Kivi Retail Services LLP)) and terms and conditions of this website shall be governed in all respects by the Laws of India. You agree that in respect of any dispute or claim arising upon between you and cakeonclick.com, over or in respect of any of the terms of this Agreement, or in accessing or using the Website or in relation to orders, delivery, quality or any such products or services offered through the Website, only the Courts in Mumbai shall have jurisdiction to try and adjudicate such dispute to the exclusion of all other Courts.



Force Majeure

Notwithstanding anything to the contrary in this Agreement (between you and cakeonclick.com), Cakeonclick.com or any of its affiliates will be not be liable for failure to perform, deliver an order, or delay in performing any obligation under this Agreement to the extent that such failure or delay is due to fire, flood, earthquake, strike, war (declared or undeclared), embargo, blockade, legal prohibition, governmental action, riot, insurrection, damage, destruction or any other similar cause beyond the reasonable control of cakeonclick (“Force Majeure Event”). In the event of a Force Majeure, the cakeonclick.com shall immediately consult you & intimate you about the same and shall use all reasonable efforts to minimize the consequences of such Force Majeure event. In such a case the liability of cakeonclick.com will only be limited to the amount paid for that particular order. Our liability towards you can’t exceed more than the amount paid for that order in any case.



Disclaimers, Limitations And Exclusions Of Liability

While cakeonclick.com has put its best efforts to provide the most accurate, up-to-date products available. There may exist some small errors, typographical errors, or outdated information on the website. Cakeonclick.com may make alterations or changes to the website or the information, products, and services described in the website at any time. Cakeonclick.com is not responsible for any typographical or pricing errors on the website; Cakeonclick reserves the right to cancel orders at any time, including but not limited to orders that contain incorrect prices or product descriptions, orders in which cakeonclick believes that the customer has violated applicable law, and orders that cakeonclick believes are harmful to cakeonclick or its affiliates. Cakeonclick also reserves the right to limit the number of items purchased or orders placed through this website.
Cakeonclick.com and its affiliates will not be liable for any damages of any kind arising in relation to- (a) the use or consumption of products procured / manufactured by third parties or (b) the products delivered to you by any third party. Cakeonclick assumes no responsibility for examining or evaluating the products and services offered by them. Cakeonclick does not warrant the offerings of, any of these businesses or individuals. Cakeonclick.com does not endorse, in any way, any third party products or services or website’s content thereof. Any claim in respect of the same shall be made directly with the third party.

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22-11-2017 23:55:02