1.1 The term ‘Bake Box’ or ‘we’ or ‘us’ refers to Bake Box. The term ‘you’ refers to the client/customer or user of any interface provided by Bake Box.
1.2 Your use of Bake Box’s products, including products of other producers, sellers and distributors supplied to you by Bake Box and services (referred to as the “offering” in this document and excluding any offering provided to you by Bake Box under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Bake Box will always include, at a minimum, the terms and conditions set out in this document.
2. Accepting the Terms
2.1 Bake Box shall interact with customers / clients through e-mail, through a form on our website and by means of a phone call or similar services. By making use of our website or any other interface provided Bake Box, it will be assumed that you agreed to the Terms of Service even if no transaction has taken place.
2.2 In order to use the offering and make a purchase, you must explicitly agree to the terms. You may not use the offering or make a purchase if you do not accept the terms. You will be requested to accept terms in the check out process.
3. Provision of the offering by Bake Box
3.1 Bake Box will attempt to continuously innovate in order to provide the best possible offering for its users. You acknowledge and agree that the form and nature of the offering which Bake Box provides may change from time to time.
3.2 You acknowledge and agree that Bake Box may stop (permanently or temporarily) providing the offering (or any features within the offering) to you or to users with or without notice, generally at Bake Box’s sole discretion.
3.3 You acknowledge and agree that while Bake Box may not currently limit your use of the offering in any way, it may do so if that use hinders with the ability of Bake Box to carry on its operations or the ability of other customers to use the offering.
3.4 The supply of the offering will be subject to your making the payment according to the procedure(s) decided by Bake Box.
3.5 Bake Box shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof.
4. Use of the offering by you
4.1 In order to access the whole or part of the offering, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the offering. You agree that any registration information you give to Bake Box will always be accurate, correct and up to date. Up-to-date mobile/telephone number, e-mail address and delivery address are absolutely necessary to ensure successful delivery of your item. All information asked on the order page must be filled in precisely and accurately. Bake Box will not be liable for mis-delivery or other issues arising because of incorrect information provided by the customer.
Bake Box can share customer/client information with Employees and agents (for example, Bake Box may share addresses with delivery agents).
4.2 You agree to use the offering only for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.
4.3 You agree not to access (or attempt to access) the offering by any means other than through the interface that is provided by Bake Box, unless you have been specifically allowed to do so in a separate agreement with Bake Box.
You specifically agree not to access (or attempt to access) any of the websites or online resources of Bake Box through any automated means (including through the use of scripts or web crawlers), nor to engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering).
4.4 Unless you have been specifically permitted to do so in a separate agreement with Bake Box, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
4.5 You agree that you are solely responsible for (and that Bake Box has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bake Box may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible to Bake Box and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering or any online resource provided by Bake Box. You will be solely responsible for all activities that occur under your account.
You agree and acknowledge that in the very unlikely event of the information becoming known to a third party on account of an intrusion into Bake Box database, Bake Box shall not be made liable for the resulting damages.
6. Intellectual Property in the offering
6.1 You should be aware that the offering, including but not limited to advertisements and promotional material of Bake Box or other companies, is protected by intellectual property rights which are owned by Bake Box, or the sponsors or advertisers who provide that content to Bake Box (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on the offering (either in whole or in part) unless you have been specifically told that you may do so by Bake Box or by the owners of that content, in a separate agreement.
6.2 You agree that you are solely responsible for (and that Bake Box has no responsibility to you or to any third party for) any content that you create, transmit or display while using the offering or for the consequences of your actions (including any loss or damage which Bake Box may suffer) by doing so.
6.3 You understand that if you notice any person, institution or company which has, or has attempted to modify, rent, lease, loan, sell, distribute, copy or create derivative work based on the offering, it is your duty to bring it to the attention of Bake Box officials immediately, who will take due action against the same.
7. Intellectual Property rights
7.1 Unless Bake Box has otherwise agreed in writing, nothing in the terms gives you a right to use any of Bake Box’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unauthorized use of Bake Box’s trademark shall be an offence. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. License from Bake Box
8.1 Bake Box gives you a Personal Non-Exclusive license to use the offering provided to you by Bake Box. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by Bake Box, in the manner permitted by these terms.
8.2 You are not entitled to commercially exploit by sale, or transfer commercially or profit from the offering and products, except with the express written consent of Bake Box.
8.3 The source code of the software/interface provided by Bake Box is protected under Copyright, Designs and Patents Act 1988. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
8.4 Unless Bake Box has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
8.5 The payment mode for the offering will be determined at the sole discretion of Bake Box, and the payment cycle will be in the manner decided at the discretion of Bake Box.
9. Ending your relationship with Bake Box
9.1 Bake Box may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
(B) Bake Box is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)
(C) For any other reason, after giving a notice of 7 days by e-mail.
9.2 When these terms come to an end, all of the legal rights, obligations and liabilities that you and Bake Box are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
10. Exclusion of warranties
10.1 You expressly understand and agree that your use of the offering is at your sole risk and that the offering is provided as is and as available.
10.2 In particular, Bake Box does not represent or warrant to you that your use of the offering will meet your requirements.
10.3 Any material downloaded or otherwise obtained through the use of the website or software of Bake Box is done at your own discretion and risk and Bake Box will not be responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
10.4 No advice or information, whether oral or written, obtained by you from Bake Box or through or from the offering shall create any warranty not expressly stated in the terms.
10.5 Bake Box further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
11. Limitation of liability
11.1 Subject to overall provision in clause above, you expressly understand and agree that Bake Box shall not be liable to you for:
(a) Any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or offering, or other intangible loss;
(b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(i) Any changes which Bake Box may make to the offering, or for any permanent or temporary cessation in the provision of the offering (or any features within the offering);
(ii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the offering;
(iii) Your failure to provide Bake Box with accurate information;
(iv) Your failure to keep your password or account details secure and confidential;
(c) To the fullest extent permissible by law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
11.2 Bake Box shall try to ensure that the product is packaged and delivered in a secure manner. Owing to the fact that Bake Box sometimes uses third party services (carriers) to deliver the products to the customers, Bake Box takes no liability for any incidental damages caused to the products after they have been dispatched. Bake Box takes no liability for the physical harm caused to any person or damage caused to any property during the delivery and consumption of products and once delivery of goods have been accepted.
12. Changes to the Terms
12.1 Bake Box retains the right to make changes to these terms, append new terms or remove certain terms from time to time at their discretion and is under no obligation to inform you of such changes. The same may be done without prior intimation to you. Your continued use of the offering will indicate your acceptance of the modified terms.
When these changes are made, Bake Box shall make the amended copy of the terms available in an accessible location.
13.1 We always try to represent as accurately as possible every characteristic of the products via photography. However, each item is baked by local bakers in India; thus, the final product might not be identical to that pictured on the website.
13.2 We reserve the right to amend the specifications of products, their price, packaging and any service associated with the products at any time, without prior notice.
13.3 Products are perishable and hence are best consumed fresh, preferably on the day of delivery.
13.4 Products might contain allergens. Please check the ingredients for your own safety.
13.5 Unless otherwise specified products should be considered non-vegetarian.
14.1 All prices are in Indian Rupees (INR), and are payable in Indian Rupees (INR) only along with any applicable taxes.
14.2 In order to accommodate for potential changes in raw material prices, we reserve the right to change prices at any time, without prior notice.
14.3 You shall be notified if there is any delay in the baking process or if the order cannot be placed with the baker due to some reason (including but not limited to lack of orders for the product, limited/insufficient raw material suppliers, baking process issues, quality control issue or other quality or baking issues).
14.4 If our baker is unable to fulfill an order due to some unforeseen reason we shall remove the offer from our website. Under the circumstances that you have placed an order for such an item, you shall be notified of the situation and ensured that the order shall be cancelled by us.
15. Subscribing to products
15.1 Your order represents an offer to us to subscribe a product, which shall be considered to be accepted by us only when we send an email confirming the same.
|15.2 Any product ordered by you whose acceptance has not been confirmed through an email shall not form a part of the contract even if they were part of the same offer by you.
15.3 The company shall under no circumstances be held liable for any special losses to specific customers owing to the circumstances which visit the customer and any indirect or consequential loss, for loss of profits or damage to property or for wasted expenditure.
15.4 Before ordering from us, it is your responsibility to check and determine your full ability to receive the products.
15.5 You can cancel your order before the corresponding product has been dispatched for delivery. For cancellation made after the product has been dispatched, the cancellation must be in the form of refusal of taking delivery and you will be liable for all costs.
16.1 All orders are paid through Cash on Delivery, cheque or online transfer. You are required to pay the delivery man when you accept the order at your delivery place for cash on delivery orders.
16.2 The subscription will be submitted for processing as soon as you click on the “Order Now” button. You will then receive an email from us confirming the subscription and expected delivery date.
16.3 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or by reason of unwinding or suspending any transaction after the processing has begun.
17. Delivery Policy
17.1 Bake Box delivers its products to most places in Delhi and Gurgaon region.
17.2 All delivery estimates given at the time of placing and confirming order are subject to change. We will do our best to contact you and advise you of any changes to estimated delivery time.
17.3 A signature will be required on delivery of the goods. Receipt of a signature at the delivery address will act as proof of delivery.
17.4 You can change your delivery address by sending an email to email@example.com
18. Returns Policy
18.1 Returns Process: Please open and check your order as soon as you receive it and inform us of any transit damage problems immediately. It is your right and responsibility to check that your delivered products have arrived in satisfactory condition, before accepting the delivery.
19. General legal terms
19.1 Sometimes when you use the offering, you may (as a result of, or through your use of the offering) use a service or download a piece of software, or utilize goods, which are provided by another person or company. Your use of such other offering, software or goods may be subject to separate terms between you and the company or person concerned.
19.2 The terms constitute the legal agreement between you and Bake Box and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which Bake Box may provide to you under a separate written agreement), and completely replace any prior terms agreed upon between you and Bake Box in relation to the offering.
19.3 You agree that if Bake Box does not exercise or enforce any legal right or remedy which is contained in the terms (or which Bake Box has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bake Box’s rights and those rights or remedies will still be available to Bake Box.
19.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
19.5 The terms, and your relationship with Bake Box under the terms, and any dispute arising out of such use of the offering of Bake Box is subject to the Indian laws.
Bake Box is a Zedoo Group Pvt Ltd Company.
Date of last update 10/11/2012.