Terms & Conditions
1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.
Print a copy for future reference.
By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
Our Legal Name under which all the invoices would be raised is " PARAFAIT FOODS PVT LTD ".
Our website is www.thecupcakecompany.com
We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
We will contact you by email or provide you with information by posting notices on our Website.
When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
By registering on the Website you undertake:
That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects
To notify us immediately of any changes to the information provided on registration or to your personal information
That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Goods from this Website in conjunction with and under their supervision
To only use the Website using your own username and password
To make every effort to keep your password safe
Not to disclose your password to anyone
To change your password immediately upon discovering that it has been compromised
To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
You fail to make any payment to us when due
You breach these Conditions (repeatedly or otherwise)
You are impersonating any other person or entity
When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
4. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
Be 18 years of age or over
Be legally capable of entering into a binding contract
Provide full details of a delivery address in the INDIA ( CHENNAI / BANGALORE )
If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
The prices of the Goods are quoted on the Website.
We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
Payment can be made by any major credit or debit card.
By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
Payment will be debited and cleared from your account before the dispatch of the Goods to you.
When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
By accepting these Conditions you:
Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
Undertake that any and all Goods ordered by you are for your own private or domestic use only and not for resale
Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
We shall contact you should any problems occur with the authorisation of your card.
We will take all reasonable care, 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 unauthorised access to any data you provide when accessing or ordering from our Website.
7. ORDER PROCESS AND FORMATION OF A CONTRACT
All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
A contract between you and us (the 'Contract') incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the Goods or made them available to be downloaded. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
Where we agree to supply Goods to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the 'Minimum Duration'). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
The Contract will relate only to the Goods stated in the Confirmation Notice. We will not be obliged to supply any other Goods which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
Any change to those policies or these Conditions is required to be made by law or governmental authority
We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
All orders once placed are final and cannot be cancelled or changed