Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Our term applies to our entire operated site (www.indiangiftsgallery.com, www.indiangiftsgallery.us, www.indiangiftsgallery.ca).
By using the Site or any of the products or services offered through the Site, you agree to these Terms & Conditions.
These Terms & Conditions may be updated from time to time without notice to you. You agree that it is your responsibility to review the Site and these Terms & Conditions always to learn of any modifications to the site. Your continued use of the Site or any product or service offered through the Site, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms & Conditions. If you do not agree to these Terms & Conditions, do not use the Site or any products or services offered through the Site.
Who may use this site
Children under the age of 16 may not purchase any Product on this site. If you are under the age of 16 and would like to purchase a Product from this site, please ask your parent or guardian for assistance.
Access and Use
You must not use this site in any manner or for any purpose which is unlawful or contrary to these Terms and Conditions or use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.
Indian Gifts Gallery, in its absolute discretion, reserves the right to refuse any order you place to purchase a Product, competition entry or booking or to deny access to this site for any conduct it believes may breach these Terms and Conditions or any law.
The Contract between Us
When you place an order to purchase items using our website or by other means, this is an offer by you to us to purchase such items. By ordering you are providing details which are true, accurate, current and complete and that the payment details are correct and your own.
We will confirm receipt of your order by sending you an email summarizing the details of your order ('Order Confirmation E-mail'); this is the point at which we accept your order and the contract is formed (subject to these terms and conditions). The contract is completed when the goods are delivered (also subject to these terms and conditions)
You may register with us when purchasing items using this website or by other means. For your website account, you are responsible for maintaining the confidentiality of your account username and password and for preventing unauthorized access to your account. You accept responsibility for all activities that occur under your account or password, please, therefore, take all necessary precautions to ensure that the username and password is kept confidential and secure. Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner.
Please ensure the details you provide us with on registration are correct, complete and up to date. Inform us immediately of any changes to those details (e.g. change of email or postal address). You can access and update your details using the 'Your Account' area of the Website.
We reserve the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we do cancel an order, it will be without charge to you.
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, which may be applicable for or 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.
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 Indian Gifts Gallery.
Product Description and Specifications
We have made every effort to ensure that the goods displayed on this website and in our brochures conform to the descriptions and photographs. The colors, specifications, dimensions and descriptions (please note all images are for illustration purposes only) of items on the website and brochures are quoted as accurately as possible. The colors you see will depend on the resolution of your monitor and we cannot, therefore, guarantee that your monitor's display of any color will always reflect accurately the color of the item delivered. We reserve the right from time to time to vary the dimensions, specifications, descriptions and quantities of items displayed on our website without prior notice.
Privacy and Communication
To fulfill our obligations to you under these General Terms and Conditions we communicate with you by e-mail and by posting notices on the website. You agree to receive communications from us electronically and that these electronic communications will satisfy any legal requirement for communications in writing.
Our website includes hyperlinks to, and details of, third party websites. We have no control over,
and are not responsible for, the privacy policies and practices of third parties
Amendments: If you wish to amend an order you must notify us by phone as soon as possible and we will use our best efforts to make an amendment if at all possible provided the order has not already been submitted to our Distribution Centre (i.e. on the day the order was placed except for next day deliveries which is immediate). We, however, make no guarantees that this can be done. We also reserve the right to cancel or amend your order before the goods are despatched if the goods are no longer in stock.
Products are invoiced in US dollars at the price prevailing at the time you place your order. Prices displayed on the website and in brochures include Value Added Tax where chargeable which will be applied at the current rate. Whilst we try and ensure all details, descriptions, and prices are correct when appearing online, some products might be subject to slight variations. If, however, we discover an error in the price of items you have ordered, we will contact you as soon as possible. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as canceled as we are not obliged to honor such orders or you may contact us below, if facing any problem.
Call Us +1 513-492-2716 or [email protected]
All payments for goods must be made when the order is placed. We will not reserve or despatch goods before payment is received.
Our website uses high-level SSL encryption technology, the most advanced security software currently available for online transactions. You can, therefore, rest assured that we take the privacy and security of your payment and personal details very seriously.
Please note that we cannot guarantee the security of data when communicating with Indian Gifts Gallery via email or fax. Accordingly please do not send us payment information using email. For details of the security measures, we employ please read our Privacy Statement. Unless we are fraudulent or negligent 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 us with when placing an order.
Cancellations Prior to Despatch
If you wish to cancel your order prior to despatch, please email us on [email protected] As we try to process orders immediately it may not always be possible to prevent an order from being despatched. If your order has already been placed, it cannot be returned or canceled as it may contain perishable items.
When you make purchases from us, it is final and non-refundable. Subject to our other Term and Conditions, no product or service may be returned.
Notwithstanding anything contained in the Terms and Conditions, in the event Indian Gifts Gallery decides to refund to you, Indian Gifts Gallery will offer only credit vouchers equivalent to the refund amount but in some case Indian Gifts Gallery will refund the money back and the refund could be processed if we have account details of the customer. The refund could be processed if it is agreed upon and communicated in writing to the customer.
Online Refund is credited directly through the mode from which customer has paid the money within 24 working hours. Once processed by Indian Gifts Gallery refund takes 10-15 business days to reflect in your account.
Offline Refund is credited once customer shares the bank details post which it takes 5-7 working days. Once processed by Indian Gifts Gallery refund takes 10-15 business days to reflect in your account.
Indian Gifts Gallery is not responsible and does not guarantee a refund for cases where:
Flowers, plants, fruits, sweets, gift products and preserved items delivered to incorrect addresses supplied by the sender.
Unsuccessful deliveries arising from the recipient not being present at the time of delivery at the address supplied by the sender.
Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
Product quality problems caused by improper handling by the recipient.
For Flowers, Sweets or other items that are perishable in nature, the delivery would be attempted only once. If the delivery is not executed during that attempt due to incorrect or insufficient address, recipient not at home, address found locked or refusal to accept, the customer shall still be charged for the order. No refunds would be entertained for such items.
Indian Gifts Gallery will not accept any product exchanges.
If any product received by you is in a damaged/defective condition, you should report the same to Indian Gifts Gallery within 24 hours of such delivery and e-mail the photographs of the same at [email protected] Indian Gifts Gallery will in its sole discretion either deliver to you, the new product at its own cost or refund to you the amount in relation to such product. Subject to the Terms and Conditions, once a refund is initiated by Indian Gifts Gallery, it takes 10-15 business days to reflect the refund amount in your account.
Promotions and Promotional Codes
If you have a published Indian Gifts Gallery promotion code, please note that offers cannot be used in conjunction with any other offers and offers to apply to one per household.
Limitations and exclusions of liability
Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy which may be conferred by the Trade Practices Act that cannot be excluded, restricted or modified by agreement.
Nothing in these terms and conditions will:
(a) Limit or exclude any liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) Limit any liabilities in any way that is not permitted under applicable law; or
(d) Exclude any liabilities that may not be excluded under applicable law.
You agree to indemnify Indian Gifts Gallery for any loss or damage that it may suffer or for any costs it may incur in connection with any breach by you of these Terms and Conditions.
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, Indian Gifts Gallery 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 Indian Gifts Gallery without obtaining authorization from Indian Gifts Gallery.
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 on to 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.
Indian Gifts Gallery may vary these terms and conditions at any time. Any variations become effective upon posting. By continuing to use this website following a variation of the terms and conditions, you consent to be bound by the varied terms and conditions.
Third Party Links
This website contains hyperlinks and other pointers to web sites operated by third parties ("Hyperlinked Websites"). Unless otherwise stated at those websites, those websites are not controlled by Indian Gifts Gallery. By using those links, you acknowledge and agree that:
Indian Gifts Gallery is not responsible for the contents of any Hyperlinked Websites or any hyperlink contained in a Hyperlinked Website. Indian Gifts Gallery provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by Indian Gifts Gallery, its related bodies corporate, affiliates, corporate partners or licensors. You access such Hyperlinked Websites entirely at your own risk.
The Terms and Conditions are governed by the laws of the State of Ohio, USA. By using this site, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the State of Ohio.
You can contact us by writing by mail 9378 Mason Montgomery Rd, Suite 368, Mason, OH 45040 or by email [email protected]