MOMSINKITCHEN ORDERS AND RETURNS
MOMSINKITCHEN ORDERS AND RETURNS
TERMS AND CONDITIONS
Please find below the "Terms and Conditions" before ordering any food or Services from this Website. By ordering any Goods or Services from this Website, by phone, or by online you agree to be bound by these Terms and Conditions.
SECTION 1: preface
1.3. "You", "your" and "yours" are references to you the customer accessing this Website and ordering any Goods or Services from this Website or from any other outlets provided by Momsinkitchen.com;
1.4. "We", "us", "our", and "Momsinkitchen” are references to the firm
1.5. "Goods” refers to any goods that we may offer for sale from our Website from time to time;
1.6. "Service" or "Services" refers to any service which might be supplied and that you may request from our Website; www.momsinkitchen.com
1.7. "Participating Chefs" is a third party that has agreed to cooperate with the firm to prepare and/or deliver the Goods or Services.
1.8. "Food Delivery" refers to any perishable goods and to any form of delivery service,
1.9. "Website" is a reference to our Website www.momsinkitchen.com that offer our Goods or Services.
SECTION 2: ORDERING
2.1. Contract for the supply of Food/ or Services from this Website is between you and Momsinkitchen. You agree to take special care when providing us with your details and warrant that such details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you make sufficient funds available to honour the payment.
2.2. Goods/Food Delivery, Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
2.3. When you order from this Website you are required to provide an e-mail address and password. You should ensure that you maintain the combination of these details secure and do not provide this information to a third party.
2.4. Reasonable care will be taken, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
2.5. Order that you may place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Chef. When you place your order online, we will send you an email or contact you over phone to confirm that we have received it. This email or verbal confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. If the product for which you placed the order is not available or if we are unable to deliver to your location, we will inform you through Phone Call or SMS.
2.6. In case of the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by email, text message (SMS) or phone call.
SECTION 3: Our PRICES AND PAYMENT
3.1. Contract for the supply of Food/ or Services from this Website is between you and Momsinkitchen. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
3.2. Prices shown on the Website are correct at the time of publication. We also reserve the right to change the Goods or Services available for sale on the Website and to stop listing Chefs, Goods or Services.
3.3. Prices for delivery by Momsinkitchen or a third-party provider assigned by Momsinkitchen listed on the Website are correct at the time of publication, however, we reserve the right to change these in the future.
3.4. Total price for Food Delivery, or Services ordered, including delivery charges and other charges, will be displayed on the Website or on the bill when you place an order. Full payment must be made for all the food dispatched and Services provided. Payment has to be made in cash/card swipe (if available), or on the website, by online payment, e.g. credit, debit card or bank transfers.
3.5. When you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
3.6. When a customer pays twice for the same order by mistake or error, the extra amount will be refunded via same source within 15 to 20 working days.
SECTION 4: DELIVERY
4.1. At the time of ordering, the delivery period quoted are approximate only and may vary. Food will be delivered to the address designated by you at the time of ordering.
4.2. When delivery is done by the Participating Chef or its delivery partners, it is the Participating Chefs sole responsibility to provide Food Delivery in a timely manner.
4.3. If delivery is done by Momsinkitchen or a third-party delivery partner assigned by Momsinkitchen, we will take special care to deliver in a timely manner. Momsinkitchen bears no responsibility for late delivery for reasons beyond its control.
4.4. Orders will be delivered by Momsinkitchen or any other reputed delivery service that we may choose to use from time to time. We and the Participating Chef will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the food is not delivered within the estimated delivery time quoted by us, please contact us by telephone or email and we make sure that you receive your order as quickly as possible.
4.5. If late delivery happens, the delivery charge will neither be voided nor refunded by Momsinkitchen.
4.6. Any risk in the foods and the Food Delivery shall be passed to you upon delivery.
4.7. In case you fail to accept delivery of Food and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide timely and appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall be passed to you. Any storage, insurance and other costs which we may incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
4.8. It should be ensured that at the time of delivery of Food and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
4.9. Momsinkitchen and Participating Chefs, who will prepare your order, will try our best to deliver the product to you at the place of delivery requested by you in your order within the time confirmed and will aim to inform you if they expect that they are unable to meet the estimated delivery time.
4.10. Participating Chefs and Momsinkitchen are not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4.11. Kindly note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you at your contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
SECTION 5: CANCELLATION & REFUND POLICY
5.1. Momsinkitchen should be notified immediately if you decide to cancel your order, preferably by phone, and quote your order number. Orders can be cancelled 12 hours before the schedule delivery time which is at 6 PM every weekday for Dinner, 12 Noon for lunch and 7 AM for Breakfast.
5.2. Any cancellations after the cut off period, we will try to request the Chefs and, if the Participating Chef accepts your cancellation, no cancellation fees will be applied. If the Chef refuses the cancellation, e.g. because preparation of Food has been started or completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which have been already prepared/cooked or dispatched.
5.3. A contract may be cancelled if the product is not available for any reason. We will alert you if this is the case and return any payment that you have made or request you to select another meal option available.
5.4. In case the cancellation was made in time and once the chef has accepted your cancellation, we will refund or credit back your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (if applicable) which you have paid for the delivery of the Goods or the Services, as applicable.
5.5. In any unfortunate circumstances that we delivered a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing/wrong item. If we can only do a partial delivery (a few items might not be available), we would inform you or propose a replacement option for the missing/unavailable items. You have the right to refuse a partial order before delivery and get a refund.
SECTION 6: data
6.1. When we request information from you to provide Food Delivery, Goods or Services and you agree to provide us with accurate and complete information.
6.2. You may authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you.
6.3. You may also request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
SECTION 7: COMPLAINTS
7.1. We ensue that complaints are taken very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to firstname.lastname@example.org The Customer Support Team can also be reached at +91-9605044077
SECTION 8: LIMITATION OF LIABILITY
8.1. Adequate care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose and timely; that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
8.3. We may disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
8.4. No liability will be accepted for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
8.5. No liability will be accepted and we are not responsible for any failure or delay in performing Services or delivering foods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
8.6. When we have agreed to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
8.7. The items sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
8.8. All reasonable care has been taken to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
8.9. In the circumstances, Momsinkitchen has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Momsinkitchen may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Momsinkitchen reserves the right to seek compensation from any and all violators.
8.10. Momsinkitchen has done everything in its capacity to maintain the quality of food supplied by its Chefs. However, in the unlikely event of Poor Quality of Food reported by the customer, Momsinkitchen customer support team will take a majority opinion of the customers whom the same food was delivered on the given day and if a wide spread quality issue exists, we will consider the issue and handle accordingly.
SECTION 9: GENERAL
9.1. Prices listed are in Indian Rupees.
9.2. Sometime we may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
9.3. We also may change or vary the Terms and Conditions at any time without notice to you.
9.4. No liability will be accepted for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
9.5. We do not use or launch any automated system or program in connection with our website or its online ordering functionality;
9.6. We will not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
9.8. In case of any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
9.9. The subject Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
9.10. There will not be any delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
9.11. The Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.