TERMS OF OFFER FOR SALE


These terms of offer for sale (“Terms of Offer”) between SmartCooky Internet Limited, a company incorporated under the Companies Act, 2013 holding CIN U74999DL2015PLC284678, having its registered office at 207, Okhla Industrial Estate, Phase III (hereinafter referred to as “SmartCooky”)
AND
the users of the Website (“You” or “Your” or “Yourself” or “User”) describe, inter alia, the terms of offer for sale, purchase of goods and services in connection with the sale and purchase of the products or otherwise on the Website, smartcooky.com (“Website”). 

PLEASE READ THE TERMS OF OFFER CAREFULLY BEFORE PURCHASING ANY PRODUCTS ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF THE PRODUCTS SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF OFFER AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

THESE TERMS OF OFFER FORM AN ELECTRONIC RECORD OF THE CONTRACT FORMED HEREUNDER AS RECONGNISED UNDER THE INFORMATION TECHNOLOGY ACT, 2000.
IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE OF THE WEBSITE, DISCLAIMERS, TERMS OF OFFER FOR SALE ISSUED BY THE VENDOR OR ADDITIONAL TERMS WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY,  OR DISPLAYED ELSEWHERE (“ADDITIONAL TERMS”) AT THE WEBSITE. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS OF SALE AND THE ADDITIONAL TERMS, THEN THE ADDITIONAL TERMS OF SALE SHALL TAKE PRECEDENCE TO THE EXTENT OF SUCH CONFLICT.

IF YOU DO NOT AGREE WITH THE TERMS OF OFFER, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.

1. Business

1.1. The Website is a platform that facilitates the online sale and purchase of food, beauty and wellness products (“Products”) offered by independent merchants/ vendors (“Vendor/s”). The Products can be purchased by the Users through various modes such as cash on delivery, credit cards, debit cards, net banking or any other mode that may be mentioned on the Website.

1.2. The Vendors are the sellers of Products a on the Website and SmartCooky is merely facilitating the sale of the same to You. By purchasing the Products You are entering into a bi-partite contract with the Vendor. Therefore the Vendors will be solely responsible to You for the Products purchased by You through the Website and You shall have no claim against SmartCooky regarding the Products nor will SmartCooky involve itself in any dispute between You and a Vendor.

1.3. You acknowledge that SmartCooky has the right to change or discontinue offering any Products at any time, without notice to You. You further acknowledge that SmartCooky may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that SmartCooky may make to the Website. You agree that SmartCooky shall not be liable to You or to any third party for any modification, suspension or discontinuance of listing of the Products.

2. Use of the Website

You agree to comply with the ‘TERMS OF USE OF THE WEBSITE’ as stated on the Website. Without limiting the obligations thereunder, you agree to, (a) not post any reviews or other statements on the Website that are unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights of SmartCooky or any third party or of inaccurate, false, incorrect, misleading description, and (b) not copy, reproduce, upload or distribute any material, images, logos, graphics displayed on the Website in any way.

3. Products

3.1. The Vendors, through the Website make available a variety of Products that include food products. Purchase of such Products will be subject to these Terms of Offer and the Additional Terms. By purchasing these Products you agree to all these terms.

3.2. SmartCooky offers shipping for all the Products on the Website subject to its internal policies. This shipping may be done either through its logistics partner or by the Vendors themselves. SmartCooky reserves the right to charge You for the shipping services without any notice to You.

3.3. The Products will be sold as per the description provided by the concerned Vendor. All the Products are governed by the terms of warranties, if any provided by the respective Vendors/manufacturers, as the case may be and specifically mentioned under the Product details.

3.4. The price of Products offered on the Website will not be above the maximum retail price (“MRP”) prescribed under law and printed on the packaging. At times the Products may also be sold at discounted rates if SmartCooky runs a promotion campaign and the concerned Vendors participate in the same. However such discounts shall be offered at the discretion of the Vendors and according to any other policy of SmartCooky and does not create an obligation on the Vendors or Smartcooky to offer such discounts. Depending upon the Product or the value of the Order, You may be required to pay delivery charges in addition to the price of the Products.    

4. Quality Standards

4.1. We at SmartCooky take pride in our stringent quality standards. We go to great lengths and take the utmost care and precaution to ensure that each day our customers get nothing but the very best across all our services and interactions. Here are a few quality standards that we practice at SmartCooky and ensure that the Vendors also implement the same:

a. SmartCooky only deals with Vendors who trade ethically and do not engage with the grey market or with Vendors who have a reputation to deal in products by tampering with the packaging or engaging in other similar practices. In the unlikely event that any Vendor is caught tampering with the packaging or labelling, SmartCooky penalizes them appropriately and their supply/vendor contracts are terminated.

b. All branded Products are thoroughly checked for expiry dates each month and those Products that are close to expiry are segregated. These are then either sent back to Vendors or discarded completely.

5. Online Shopping Platform

5.1. You agree and undertake that You are accessing the Products available on the Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction on the Website.

5.2. SmartCooky is merely offering a platform for Vendors to sell their Products and accepts no liability for any errors or omissions, on behalf of third parties.

5.3. The address at which delivery of the Product ordered by you is to be made should be correct and proper in all respects.

5.4. After the receipt of payment from You (unless You have opted for payment by cash on delivery), SmartCooky shall arrange for the delivery of the Product to the shipping address provided by You. Any and all orders placed by You on this Website are a firm commitment to purchase and You are obligated to complete the transaction and not contest it in anyway.

5.5. Before placing an order You are advised to check the product description carefully. By placing an order for a Product you agree to be bound by the conditions of sale included in the Product's description.

5.6. SmartCooky may also require additional verifications or information before accepting any order from You.

6. Pricing Information

6.1. SmartCooky strives to provide You with the best prices possible on Products that You buy or avail of from the Website. Prices and availability of Products are subject to change without notice or any consequential liability to You.

6.2. Prices of Products listed on the website are current. While every care has been taken to label the Products accurately, errors in data entry and updation may occur. All prices on this Website are given in Indian Rupees. For international cards used on the site, the banks may charge applicable exchange rate and other charges for which SmartCooky accepts no responsibility and any disputes or queries on exchange rates and bank charges need to be directed to the concerned bank or institution only.

6.3. Some Products which are listed on the Website could be such whose prices change on a daily basis. All orders are accepted and billed at the price prevalent at the time of placing the order.  

6.4. While SmartCooky strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, SmartCooky may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. SmartCooky will have the right to modify the price of the Product and contact You for further instructions via the e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If SmartCooky cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.

7. Payment Options

7.1. The following modes of payments are available to You to purchase the Products on the Website:
a. Credit Cards - Master Card, Visa, Diners
b. Debit Cards - Master Card, Visa, Maestro and Rupay
c. Netbanking/Direct Debit payments from select banks in India. A full list is available at the time of check out and prior to making payments for purchases
d. Cash On Delivery

7.2. You agree that SmartCooky will not be responsible if any of the above payment methods are suspended at any time or if any payment does not go through on the Website.

7.3. As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard You will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card.

7.4. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. To place an order you will need to complete the transaction on the Website. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the site or on phone, You are agreeing to the terms and conditions and payment policy published in the appropriate section of the Website or affiliated websites (when specifically referred to such affiliated websites).

7.5. After you have made Your selection and added products to Your shopping cart, You will need to proceed to the checkout section.

7.6. In this section You will be asked for address and other contact information as well as payment related information. Once the payment transaction has been successfully completed, Your order will be processed on receipt of the funds from the bank/ card issuer unless You have opted for cash on delivery method. Thereafter Your products will be shipped based on product availability and completion of logistics operations related to the same.

8. Delivery of the Product

8.1. The pin code for Your shipping address will be verified by SmartCooky before You proceed to select the payment method for your purchase. In the event Your order is not serviceable by our delivery/logistics partners or the Vendor, we would request You to provide us with an alternate shipping address where we expect our partner/Vendor’s to be able to deliver. SmartCooky does not deliver items internationally. SmartCooky shall not be responsible for any loss or damage suffered by You for the limitations to delivery options mentioned here.

8.2. In case You book multiple orders for the Products in one transaction, SmartCooky would endeavor to ship all Products together. However, this may not always be possible due to some Product characteristics and/or logistics issues. If You purchase multiple Products in a single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.

8.3. There is no guaranteed dispatch time for Products ordered and any information about the dispatch time set out in the Website is an estimate only and should not be relied upon as such. Therefore, time is not the essence of these Terms of Offer. Please refer to the ‘Delivery Policy’ made available on the Website for details.  

8.4. You agree that You may be required to produce identification/authenticating documents in order to establish your identity before the Products ordered are delivered to You.

8.5. So long as the Products ordered by You are in a deliverable state, You will be bound to take delivery of the same. If You refuse to accept the delivery of the Products ordered by You, You shall be liable to SmartCooky for such non-acceptance, which liability may include any loss of any fee or charges that SmartCooky and its third parties may have incurred in delivering the Product. You acknowledge that any such loss to SmartCooky and its third parties are not consequential or indirect losses.

8.6. The title in the Product will pass from the Vendor to You once the Product is delivered at the address provided at the time of the Order and subject to receipt of the full payment for the Product.
 
9. Return Policy

9.1. In the event You receive a Product that is damaged or defective or expired or does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below mentioned channels:

9 AM to 9 PM, 6 days a week at 011-33179012;
Or E-mail at custcare@smartcooky.com

Upon receiving Your complaint, SmartCooky shall immediately verify the authenticity and the nature of the complaint by sending its sales executive to the address where the Product was delivered and if SmartCooky is convinced that the complaint is genuine, SmartCooky will inform the relevant Vendor of such complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the Products, SmartCooky reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by SmartCooky in this regard.

9.2. You expressly acknowledge that the Vendor selling the defective Product will be solely responsible to You for any claims that You may have in relation to such defective Product and SmartCooky shall not in any manner be held liable for the same. Moreover SmartCooky will process a replacement of the Product only once it has been confirmed by the Vendor.

9.3. Before accepting delivery of the Product bought by you, kindly ensure that the Product's packaging is not damaged or tampered in any manner. If You observe that the package is damaged or tampered, request You to refuse to accept delivery and inform SmartCooky at the earliest. However, you agree and acknowledge that the return process of the Product may be restricted by SmartCooky depending on the nature and category of the Product.

9.4. In order to return any Products sold through the Website and delivery accepted by You, You are required to comply with the below mentioned conditions, viz:

a. Please notify SmartCooky of receipt of a damaged/ expired Product within 48-hours of delivery to You. If You are unable to do so within 48-hours, the Vendor shall not be held liable for the failure to replace the Order;
b. Products should be unused;
c. The returned products are subject to verification and checks by SmartCooky in order to determine the legitimacy of the complaint/ return.

9.5. Products when being returned at the time of delivery should be returned in their original packaging along with the original packaging, labels, barcodes and invoices etc.

9.6. In the event the return of a Product is duly accepted by the concerned Vendor, the value of such Product, as originally paid by You for purchasing the same will be refunded to You. Refund will be processed based on the mode of payment. Refunds will be subject to the following:

a. Orders paid for through credit/debit cards or net banking will be refunded within 7 - 21 working days through the online account or via cheque as determined by SmartCooky;
b. For cash on delivery payments, You will be provided with a refund cheque.

10. Cancellation

10.1. The availability of the Product may change without any notice being put up on the Website regarding the same. In addition there may be certain orders that SmartCooky is unable to process and must therefore cancel. SmartCooky reserves the right, at its sole discretion, to refuse to process or cancel any order for any reason whatsoever. A few situations that may result in Your order being cancelled include, without limitation, non-availability of the Product or quantities ordered by You, inaccuracies or errors in pricing information, or problems identified by SmartCooky's credit and fraud avoidance department. SmartCookywill contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your card/ bank account has been charged, the said amount will be reversed back in Your account within 7 - 21 working days.

10.2. In case of requests for cancellation of an order, SmartCooky reserves the right to accept or reject such request. As part of usual business practice, if SmartCooky receives a cancellation request where the order has not been processed/ approved by SmartCooky, SmartCooky shall endeavor to cancel the order and refund the entire amount to You within a reasonable period of time. SmartCooky will not be able to cancel orders that have already been processed. You agree not to dispute the decision made by SmartCooky regarding Your request for cancellation and accept SmartCooky's decision regarding the same.

10.3. SmartCooky reserves the right to cancel any orders that classify as 'Bulk Order' as determined by SmartCooky as per its internal policy. A few criterion applied to determine whether an order can be classified as ‘Bulk Order’ are:

a. Products that in Smartcooky’s sole discretion appear to be ordered not for self-consumption but for commercial resale;
b. Multiple orders placed for same Product at the same address
c. Bulk quantity of the same Product ordered
d. Any malpractice used to place the order

11. Failure to sell by the Vendor/ Failure of delivery by Delivery Partner
In the event the Vendor (on its own account or on account of a failure or fault of the logistics/ delivery partner used for delivery of the Products) fails to deliver your Order after the same has been accepted on the Website, You acknowledge that the Vendor only will be solely liable to reimburse such amount as has already been paid by You for the purchase of the Product. Further, You agree that SmartCooky will not be held liable for such failure to make available any Product.

12. Disclaimers

12.1. SMARTCOOKY DOES NOT ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. SMARTCOOKY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OFFERED OR SERVICES PROVIDED ON THE WEBSITE. THE PRODUCTS AND SERVICES PURCHASED OR OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS-IS WHERE-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SMARTCOOKY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS, INCLUDING REPRESENTATIONS RELATING TO QUALITY, SUITABILITY FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO TERMS AND CONDITIONS FOR WARRANTY IF ANY PROVIDED BY THE VENDOR OR THE MANUFACTURER AND SMARTCOOKY DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. SMARTCOOKY ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.

12.2. SMARTCOOKY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED BY YOU FROM THE VENDOR AND SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.

12.3. WE AT SMARTCOOKY TRY TO ENSURE THAT THE INFORMATION ABOUT THE PRODUCTS (INCLUDING THE FOOD PRODUCTS) OFFERED FOR SALE ON THE WEBSITE IS ACCURATE. HOWEVER, AS SMARTCOOKY DOES NOT MANUFACTURE OR SELL THE PRODUCTS, WE RELY ON THE RESPECTIVE MANUFACTURERS/ SUPPLIERS/ VENDORS FOR INFORMATION ABOUT THE INGREDIENTS OR THE NUTRITIONAL AND DIETARY INFORMATION OF THE PRODUCTS.

12.4. SMARTCOOKY URGES YOU TO ALWAYS READ THE LABEL OF THE PRODUCT CAREFULLY FOR COMPLETE INFORMATION ABOUT ALLERGENS AND INGREDIENTS BEFORE USING OR CONSUMING ANY PRODUCTS. THE INFORMATION PROVIDED ON THIS WEBSITE BY SMARTCOOKY IS INDICATIVE IN NATURE AND YOU ARE REQUIRED TO ALWAYS READ LABELS, WARNINGS AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT.  

12.5. SMARTCOOKY TRIES TO ENSURE THAT THE BENEFITS OF THE FOOD PRODUCTS DISPLAYED ON THE WEBSITE (INCLUDING SMARTKARTS/ HAMPERS/ PRE-FILLED CARTS OR ANY OTHER COLLECTIONS WHICH GROUP/ AGGREGATE/ CATEGORIZE PRODUCTS BASED ON THEIR BENEFITS) ARE NOT INACCURATE. HOWEVER, PLEASE NOTE THAT ALL INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED FOR YOUR INFORMATIONAL PURPOSES ONLY AND IS NOT MEANT TO SUBSTITUTE ANY EXPERT ADVICE. PERSONS SUFFERING FROM ANY MEDICAL CONDITION ARE ADVISED TO EXERCISE THEIR DISCRETION AND DUE CAUTION (SUCH AS READING LABELS, WARNINGS AND DIRECTIONS ON THE PACKAGING, CONSULTING THEIR PHYSICIAN OR OTHER MEDICAL ADVISOR) BEFORE CONSUMING ANY FOOD PRODUCTS.

13. Indemnification and Limitation of Liability

13.1. You agree to indemnify, defend and hold harmless SmartCooky from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SmartCooky that arise out of, result from, or may be payable by virtue of, any breach of any covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer or any Additional Terms applicable to the purchase of Products on the Website.

13.2. In no event shall SmartCooky, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not SmartCookyhas been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the Products. Notwithstanding anything to contrary, SmartCooky's entire liability to You under this Terms of Offer or otherwise, shall be the refund of the money charged from You in relation to the specific Product, under which the liability arises.

13.3. SmartCooky shall not assume any liability for the non-availability of the Product or for not being able to deliver the Product at the address mentioned by You or any action or inaction of the Vendor.

14. Governing Law

14.1. These Terms of Offer and the relationship between You and SmartCooky shall be governed in accordance with the laws of India without reference to conflict of laws principles.

14.2. You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer or any transactions entered into on or through the Website or the relationship between You and SmartCooky shall be subject to the exclusive jurisdiction of the courts at New Delhi and You hereby accede to and accept the jurisdiction of such courts.

14.3. SmartCooky may at any time modify the Terms of Offer contained on the Website without any prior notification to You. You can access the latest version of these Terms of Offer at any given time after noting the date when the terms were last updated. You should regularly review the Terms of Offer. In the event the modified Terms of Offer are not acceptable to you, you should discontinue using the Website. However, if you continue to use the Website you agree to accept and abide by the modified Terms of Offer.

ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.

LAST UPDATED ON 10/05/2016