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Terms & Conditions

Flaberry is a leading online platform offering a wide range of high-quality gifting goods, products, and services to its customers. Founded by Flaberry Services Pvt Ltd , the platform aims to provide a seamless and enjoyable shopping experience for users seeking products like flowers, cakes, chocolates, personalized gifts, and more. With an emphasis on customer satisfaction, Flaberry focuses on timely deliveries, secure payment options, and an easy-to-use interface to create a convenient and hassle-free experience. As a one-stop destination for gifting solutions, Flaberry continues to innovate and expand its offerings to cater to the diverse needs and preferences of its customers.

Please read our Terms and Conditions carefully, and reach out to us in case of any queries. We assure you TnC are in place so that everyone should be benefited - our team, our customers and our company.

Terms and Conditions

These terms and conditions ("Terms") govern your access to and use of the Flaberry website, mobile application, or any other platform ("Platform") provided by Flaberry ("Flaberry", "we", "us", or "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not subscribe to use the service.

By signing up to our Terms of Use, you also accept and agree to be bound by the Flaberry Privacy Policy.

Definitions

  • "User," "you" or "your" refers to any person who accesses or uses the Platform.
  • "Products" refers to the goods, products, or services offered by Flaberry through the Platform.
  • "Order" refers to a request made by a User to purchase a Product through the Platform.

When You use any of the services provided by us through the Website, including but not limited to, (e.g. Customer Reviews), You will be subjected to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

Introduction:

a) www.flaberry.com website ("Website") is an Internet based content and e-commerce portal owned and operated by Flaberry Services Pvt Ltd, a company incorporated under the laws of India.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Flaberry at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.


Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Account Registration:

To access certain features of the Platform, you may need to register an account. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account.

Communications:

When You use the Website or send emails or other data, information or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with you by email or by such other mode of communication, electronic or otherwise.

Services Offered:

Flaberry provides a number of electronic services through the Web Site. One such service enables users to purchase gifting items like flowers, plants and other items (collectively, "Products"). Upon placing order, Flaberry shall ship the product to you or the person you are gifting and you be entitled to its payment for the Services.

Use of the Website:

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Flaberry in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

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; and

- 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

Contents Posted on Site:

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Flaberry's express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that you

1. do not remove any proprietary notice language in all copies of such documents,

2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

3. make no modifications to any such information, and

4. do not make any additional representations or warranties relating to such documents.

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 Flaberry.

Intellectual Property Rights:

  1. All content on the Platform, including but not limited to text, images, graphics, logos, and software, is the property of Flaberry or its licensors and is protected by copyright, trademark, and other applicable laws.
  2. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for personal, non-commercial purposes only.

Limitation Of Liability:

Flaberry will not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use of the Platform or the Products, whether based on warranty, contract, tort, or any other legal theory.

You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications. We will not use your personal information to initiate any promotional phone calls or SMS.

Indemnification:

Users agree to indemnify and hold Flaberry and its affiliates, directors, officers, employees, and agents harmless from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with their access to or use of the Platform or the Products.

Termination:

a) Flaberry may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
b) If you or Flaberry terminates your use of the Website or any Service, Flaberry may delete any content or other materials relating to your use of the Service and Flaberry will have no liability to you or any third party for doing so.
c) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of India, and any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in New Delhi.


Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Flaberry does not review the contents in any way before they appear on the Website.Flaberry does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected]

Product Description:

Flaberry do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Pricing:

a. All products listed on the website, their descriptions, and their prices are subject to change as per time and situation.
b. Flaberry reserves the right, at any time, to modify, suspend, or discontinue the sale of any product or services with or without notice.
c. If in any case, a product or service is listed at an incorrect price or with incorrect information due to typographical error, error in pricing or information received from Flaberry suppliers, Flaberry shall have the right, post the acceptance of any order, to decline or cancel any such order, whether or not the order has been confirmed and/or you have been charged for such product or service.
d. The product specifications (weight, size, colour etc.) mentioned with the product images displayed is only for representation purposes. There may be a slight variation in the images and the respective products.

Payment:

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

- Lack of authorization for any transaction/s, or

- Exceeding the preset limit mutually agreed by you and between your "Bank/s", or

- Any payment issues arising out of the transaction, or

- Decline of transaction for any other reason/s.

- All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

Flaberry accepts payment through various modes, including credit cards, debit cards, net banking, mobile wallets and UPI.

Flaberry ensures that all payments are secure and encrypted, and customer data is kept confidential

Acceptance of orders:

a. When you make an order, you are making an offer to purchase, and such offer is subject to acceptance by us. Your receipt (email/SMS) of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time, after receiving your order, to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. We may require additional verifications or information before accepting any order. In the event of a purchase, you will be required to accurately provide the recipient’s name and shipping address.
b. Freshly baked cakes are available only after 10 am IST. Please do not insist on early morning cake delivery. In case of any complaints, please inform us within 2 hours of delivery as the cake is bound to be spoilt when kept in heat. Otherwise money will not be refunded.
c. In case of floods/ Heavy Rains/ Bandh we reserve the right to reschedule the delivery for another date.
d. In case of delivery of gift items to Wedding Ceremonies/ Marriage Halls, we may not be able to assure the delivery to the bride and/or bride‐groom because of non‐accessibility of our delivery boys to the couple. However, we shall ensure that the delivery is made to one of the responsible member of host. We would also strive to provide you the recipient name through our order confirmation mail.
e. No Fixed time Guarantee on the occasions such as, Holi, Diwali, Rakshabandhan, Mother’s Day, Father’s Day, New Year, Valentine Week Etc, The orders will get delivered between 7 am to 11 pm on the requested dates.
f. Standard time Delivery ‐We however offer time slots in standard time delivery, but we are not committed to its actual time delivery as requested or confirmed in the email as at times due to local conditions the delivery might be delayed.
g. Fixed time Delivery ‐ We try our level best to deliver your order in the committed time, but there may be a slight change of +30 min or ‐30 min in the scheduled time.
h. Midnight Delivery ‐ Delivery will be made between 11: 00 pm to 01:00 am.
i. The shipping charges are not applicable in the case of delivery being made to main cities or in under municipal corporations. However, a nominal shipping charge may be incurred by customer in case of his delivery address being in outskirts.
j. An order will be considered as executed or delivery attempted in the below cases, also no refund shall be done and only redelivery of the same product can be done if contacted within 48 hours of delivery date and time. You will be charged for redelivery for the same order as well under the given below conditions:

1. Recipient not available at the given address.
2. Wrong Address.
3. Recipient not reachable on the phone/not answering the calls/wrong phone number.
4. Recipient refused to take the gift.
5. Premises Locked.
6. Delivery of the order at the gate, neighbor’s house, reception as per the recipient.

We DO NOT guarantee delivery of the exact replica of the products mentioned on the website.

Delivery:

Title and risk of loss for all products ordered by you shall pass on to you upon Flaberry shipment. Thereafter Flaberry will not be responsible for any loss or damage to the product.

Substitution of the products:

a. Images are for representational purposes only. Though we try our level best to deliver as per the image shown, designs may vary & are subject to availability of flowers / consumables on any particular day. We reserve the right to substitute the flowers (Including specified color) / other products with equal or higher value in case of non‐availability of the desired product. No refund/ re‐delivery claim in this respect will be entertained.
b. Every cake we offer is handcrafted and since each chef has his/her own way of baking and designing a cake, there might be slight variation in the product in terms of design and shape. Occasionally, substitution of flavors/designs is necessary due to temporary and/or regional unavailability issues.
c. During festivals, in an event that a gift item that you have ordered is out of stock, we will mail you an option of an alternate product. If we do not hear back from you within 24 hours, we will proceed with sending you the alternate item since we know that you are sending it to your loved one(s) on a special occasion and we would not want anything to dampen the spirit of the occasion.

Contact Us:

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to [email protected]

Modification and Cancellation Policy:

a. No change in instructions will be entertained on the date of delivery unless acknowledged and confirmed in writing by our customer support team.

b. Orders once placed cannot be canceled unless requested 24 hours prior to the delivery time. You can send cancellation request at [email protected]. Cancellation charge of INR 100 per order will apply.

c. We will not entertain any complaint of any order if received after 48 hours of delivery date and time.

d. Flaberry reserves the right to cancel the order for the product which lies under the category add‐on if placed individually.

Refund Policy

 a. Flowers, plants, fruits, sweets, gift products and preserved items are delivered to incorrect address provided by the sender.

 Unsuccessful deliveries arising from the recipient not being present at the time of delivery at the address provided by the sender or the recipient refusing to accept the delivery.

 b. Product quality problems caused by improper handling of the product by the customer.

 c. A full refund for cancellations is only allowed if made more than 24 hours prior to the scheduled delivery date.

 d. Online refund is credited directly through the mode from which the customer has paid the money within 24 working hours. Once processed by Flaberry, refund takes 5-7 business days to reflect in your account.

 e. Offline refund is credited once the customer shares the bank details post which it takes 7 to 10 working days.

Modifications to Terms

Flaberry reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Platform, and Users are responsible for reviewing and becoming familiar with any such modifications.