These terms and conditions ("Terms of Use") form the basis of governance of your use of the official web site ("Website") of Gift Studio ("Studio"), a division of NaturesBasket Limited, registered address at 2nd Floor, Spencer Building, 30 Forjett Street Mumbai, Maharashtra - 400036  and this instant legal Terms of Use pertaining to the Website  governs your use of this Website.References to ‘ Gift Studio’, ‘ The Studio’, ‘We’ and ‘Us’ shall refer to Gift Studio and references such as ‘You’, ’Yours’ and ‘User’ shall be references to the User of the website..

 

  1. Intellectual Property

All copyright, trademark and other intellectual property and rights subsisting in this Website and its contents including but not limited to, ‘Gift Studio', and its corresponding logo indicated on the each page, all texts, data, graphics, pictures, sounds, audio clips, videos, logos, icons, digital downloads, data compilations, software or html source code contained herein (collectively the "Material") are the sole and exclusive property of Gift Studio, or third party providers, who may or may not be affiliated with the Studio and are adequately protected by relevant Indian and international intellectual property laws. The Studio reserves all its rights in the Materials. You are not permitted to use, modify, reproduce or copy, in whole or in part by any third person and/or entity, including in connection with any product and/ or service not connected with or provided by the Studio without permission. Further, no links to the Website may be provided in any other site, without the prior written consent from the Studio in writing. 

The Studio grants you a limited sub-license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Studio. The Website and its source code is exclusive property of The Studio and its affiliates. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of The Studio. You may not frame or adapt other techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of The Studio and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or The Studio’s name or trademarks without the express written consent of The Studio. Any unauthorized use terminates the permission or license granted by The Studio.

  1. Purpose

The use of the services provided by us through the Website, including but not limited to Purchases, use of the services, any and all user generated content (e.g. Product Reviews, Seller Reviews) will be subject to the rules, guidelines, policies, amendments, 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. 

While the Studio uses reasonable efforts to provide reliable information through the Website, it does not warrant that the Website is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan horses and the like, or that its content is appropriate or updated for your particular use. The Studio also does not warrant any results derived from the use of any software available on this Website.

  1. Pricing, Products and Ordering

 

All products and combinations thereof (‘Products’) listed for sale on the Website will be sold at competitive prices. Any prices mentioned at the time of ordering will be the prices charged on the date of the delivery. However, you accept that prices of most Products may fluctuate on a periodical basis, and the Studio will make all reasonable attempts to ensure that pricing is accurate and up to date. 

Prices for the prevailing at the time of delivery are the final pricing and additional charges will be collected or refunded as the case may be at the time of the delivery of the order. 

The sale of products listed on the Website is subject to availability. 

The Studio shall not be held liable in case, the product chosen by You cannot be supplied for reasons beyond Studio’s control and you specifically agree to waive claims against Studio in this regard.

We have made all reasonable efforts to display the products that appear on the Website as accurately as possible. However, as the actual image you see will depend on your monitor/gadget screen, we cannot guarantee that your gadget’s display of any colour will be accurate.

Prior to placing an order, you are requested 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 item's description.

You may cancel orders subject to the terms and conditions of such cancellation. The Studio reserves the right to cancel your order in the event of any breach of the terms and conditions or detection of fraudulent transactions.

 

3.1 Liquor Products

For the purposes of this section ‘underage’ refers to a person who has not attained the age permitted for consumption of liquor and liquor products in accordance with the law to which he/she is subject.   In Mumbai 25 years of age and in Kolkata 21 years of age as on date..

 

In case you choose to purchase Liquor and related products from the Website, you confirm and warrant that as on the date of the purchase you are not underage. The Studio reserves the right to verify and ask for valid Identification proof to ensure compliance with applicable Law. In case the products are to be delivered to a person other than You, the Recipient of the Liquor Products shall also be required to verify their age on the date of the Purchase to ensure that they are not underage. The Studio and its representatives shall retain the right to ask for valid Identification prior to delivering the Products.

In case the identification provided by You or your intended Recipient displays that either You or the Intended Recipient is underage, Studio shall retain the right to refrain from selling or delivering you the Liquor Product. In this situation, any purchases made will be refunded as per Company Refund Policy.

 

3.2 Deliveries

You are responsible to ensure that the address at which delivery of the product ordered by you is to be made will be correct and in all respects. For the purpose of Deliveries, we will be relying on information that is provided by you for the purpose of delivering the Product to the address specified by you.

In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by The Studio for redelivery shall be claimed from you.

 

  1. Liability

The Studio does not provide any representation or warranty, express or implied, as regards the Website or its contents and excludes any and all liability that may arise in respect thereof, to the maximum extent permissible under applicable law. Neither the Studio, nor its affiliates, nor any of their respective directors, shareholders, officers, employees or agents shall be liable for any loss, damage or expense (including, without limitation, any loss of profit or revenue, business interruption, loss of data, indirect, incidental or consequential loss), arising out of (i) accessing, using or relying on this Website or any site linked to it, or your inability to do so; or (ii)any inaccuracy or errors on the Website or in its contents.

Indemnity You agree to indemnify and hold harmless, the Studio, its affiliates and their respective directors, shareholders, officers, employees or agents, from all liabilities, claims and expenses resulting from a (i) breach of this Terms of Use, (ii) misuse of the Website, its contents or the Material or any intellectual property right existing therein.

 

  1. Data Collection:

In case you agree to register with the website, as part of the registration process, or during the process of purchase and deliveries of products on the Website, the Studio may collect the following details personally identifiable information about you: 

  1. Name including first and last name, 
  2. Email address, mobile phone number and contact details, 
  3. Present and permanent address, Postal code, 
  4. Demographic profile (like your age, gender, occupation, education, address etc.) 
  5. Browsing information: Information the pages on the site you visit/access, the links you click on the site, the number of times you access the page and related browsing information.

Any and all data being collected shall be governed by this Terms of Use and the Privacy Policy thereof.

The information provided on this web site may be related to products or services that are not available in your territory. Any third party links are not monitored by Gift Studio and you access them at your own risk.

You are required to provide authentic and true information in all instances where such information is requested. The Studio reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services without prior intimation whatsoever.

 

 

  1. User Generated Content 

 

In case you choose to provide content generated by your own self, such as comments, photos, opinions, videos, and any other content created by you solely, The Studio at no point of time shall assume any obligation/ responsibility to monitor the information that you may post on the Website. However, you agree that you shall not post any information that may be objectionable, defamatory, obscene, violative and/or otherwise inconsistent with the provisions of applicable law. The Studio reserves its rights to remove all such comments of the type described above and prosecute you for any such information posted by you in accordance with applicable law. Such information will be treated as non-confidential and non-proprietary. By submitting any such information, you give the Studio an unlimited and irrevocable license to use, execute, show, modify and transmit such information, including any underlying idea, concept or know-how. The Studio reserves the right to use such information in any way it chooses without any further reference to you.

The Website may use cookies to store your information.

  1. Miscellaneous

Governing Law and Jurisdiction:This Terms of Use shall be governed and construed in accordance with Indian Law. Courts in Kolkata, India alone have jurisdiction in relation to any claim or action arising out of, or in connection with, the Terms of Use.

Severability: If any provision of this Terms of Use is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Amendment: The Studio reserves the right to change the contents of the Terms of Use at any time without any notice and you must therefore read the Terms of Use prior to accessing the Website. Following such 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 will continue to grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Termination: You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website. The Studio may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to The Studio. Upon any termination of the User Agreement by either you or The Studio, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Studio’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.