Terms and Conditions
1.1 Any reference to “Web Site” is to a Website owned and operated by Mystt Chocolates. “We, Us, Our, ourselves” means Mystt chocolates. “You, Your, yourself” means the person who uses Our Web Site. “Goods” means the Goods available for purchase on Our Web Site and ordered from Us by You.
1.2 These terms and conditions shall govern the use of Our Web Site and the purchase of Goods to the exclusion of any other terms and conditions.
1.3 These terms and conditions supersede all terms and conditions and shall replace any terms and conditions previously notified to You.
1.4 No variation to these terms and conditions shall be binding on Us unless agreed in writing between You and one of Our employees.
1.5 Our employees and/or agents are not authorized to make any representations or warranties concerning Our Web Site and/or the Goods unless confirmed by Us in writing.
1.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.
1.7 We may modify these Terms and Conditions at any time and as a result there may be occasions when these Terms and Conditions or Our Website is unavailable. Any changes shall become effective on posting to Our Website. Your continued use of Our Web Site shall be deemed to be Your acceptance of any modification which will apply to any subsequent orders placed by You.
1.8 Our site invites you to buy goods from us. Once you have placed an order on the site we will send you an order acknowledgment and invoice by email setting out what you have ordered and the price of your order. You can make payment for it on the website or pay COD on delivery.
2.1 We shall have the right to refuse to accept any orders placed for Goods.
2.2 You shall be responsible for the accuracy of an order and for giving Us any information necessary for Us to perform the Contract.
2.3 No order for Goods shall be deemed accepted by Us until We send an order confirmation via mail.
2.4 Goods are subject to availability and due to the current situations caused by the pandemic there are operations requirements which are to be fulfilled by the business, some Goods may not be in stock at the time of Your order. We aim to inform You of the availability of Goods by displaying such information on the Web Site when You browse the Goods. However, if the information is displayed incorrectly and We are unable to supply You with the Goods due to the fact that they are out of stock, we will attempt to inform You by e-mail or telephone, as soon as possible. You will be given the option of (i) choosing other goods from our range or (ii) cancelling Your affected order and obtaining a full refund if We have already received payment from You for the cancelled Goods.
2.5 We use our reasonable care in compiling Our Website and the details available on it. The details are provided on an “as is” basis and we do not give any warranty express or implied as to the nature or accuracy of the details on Our Website. Nor do we accept any liability for any loss incurred as a result of any inaccuracy of the details. On the rare occasion that there is an inaccuracy , We will advise You about it as soon as possible.
2.6 Please note that any details and/or specifications of the Goods produced by Us (including but not limited to any photographs of the Goods) are intended as a guide only and only give a general approximation of the Goods. For example, the actual color of the Goods may vary from the color in the accompanying photograph depending on Your monitor display.
Becoming a Customer
3.1. To place an order on our site you must be over 18 years of age, require delivery in our delivery area and have a credit or debit card acceptable to us in your name.
3.2. When you register you will be asked to create a username and password. You must treat your username and password as confidential and must not disclose it to any third party. You will be responsible for all activities and orders made under your password and username. If you think that someone else may either know or be using your username and password, please contact us immediately.
3.3. We reserve the right to decline a new customer registration or to suspend or disable
CANCELLATION OF ORDER PRIOR TO DISPATCH
4.1 You have the right to cancel the contract for the purchase of Goods before any goods are dispatched to you.
4.2 The ability to cancel orders does not apply to Goods which have been received damaged , tampered with and/or otherwise used.
4.3 To cancel Your order You can email Us at [ ] with Your instructions, by entering the words “Order cancel” in the subject title, or you can call our customer service department prior to dispatch of Your items, quoting product number / Your Name and address. We will issue You with a cancellation number.
5.1 Dates and times for delivery are estimates only and are not guaranteed. They are also
subject to any matter beyond Our reasonable control.
5.2 You shall have no right to reject Goods and no right to rescind the Contract for late delivery unless the due date for delivery has passed and You have served on Us a written notice requiring the Contract to be performed and giving Us not less than 21 days in which to do so and the notice has not been complied with.
5.3 We shall not be required to fulfill orders for Goods in the sequence in which they are placed. We will also only deliver orders if all of the Goods in an order are available. We are not required to deliver orders in installments.
5.4 Delivery can only be made to anywhere in India. All deliveries will be made within 3 – 7 days after the date of completed order. No orders will be considered as complete until full payment and cleared funds are received by Mystt Chocolates Ltd.
PRICE AND PAYMENT
6.1 The price You pay is the price displayed in respect of the relevant Goods on this Web Site at the time We receive Your order plus the applicable delivery charges.
6.2 Delivery charges and prices are subject to change.
6.3 All prices are inclusive of GST (where applicable) at the current rate.
6.4 While We try to ensure that all prices on Our Web Site are accurate, errors may occur.
If We discover an error in the price of the Goods You have ordered We will inform You as soon as possible and give You the option of either reconfirming Your order at the correct price or cancelling it. If We are unable to contact You We will treat the order as cancelled. If we cancel an order due to an error in price and We have already received payment for the Goods, You will receive a full refund.
6.5 Payment is due at the time You place Your order. [We use a third party, Google pay, Paytm, debit/credit card to take Your payment for the Goods. By ordering Goods from Our Web Site You are giving Us Your consent to pass details essential for purchasing Goods. We will not store these payment details on our portal for customer security.]
WHAT WE ARE NOT LIABLE FOR
7.1. Whilst we take every care to deliver your order, we cannot be liable for any indirect or consequential loss or damage or loss of profits or reliance you had in having the goods delivered to you arising out of our supply or failure to supply the goods to you.
7.2. Nothing in this agreement shall in any way limit our liability for death or personal injury resulting from our breach of contract, tort or negligence nor limit any legal rights you have as a consumer.
7.3. The goods are sold to you on the basis that you are a consumer therefore we will not be liable for any special losses that you might suffer using, re-distributing or reselling the goods as part of a business.
7.4. We may use a third-party delivery service to deliver your goods. We will not be liable for anything that that third party might do to the goods.
CHANGES TO THESE TERMS
8.1. If we make any changes to these terms and conditions we will let you know as soon as possible.
OTHER IMPORTANT TERMS
9.1. Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for 1 week, the party not affected may terminate this agreement by giving 2 days’ written notice to the affected party.
9.2. This contract is between you and us. We may transfer our rights and obligations under these terms to another organization. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
9.3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9.5. These terms are governed by Indian law and you can bring legal proceedings in respect of the products in the Indian consumer courts.