Terms and Conditions - Magnoliaas

TERMS & CONDITIONS

You agree to these terms and conditions, by accepting this agreement and paying a deposit. Please read the following terms and conditions carefully before placing your order with Magnoliaas.
By using the Magnoliaas service, you agree to be bound by these Terms and Conditions.
We reserve the right to refuse the sale of goods or services or to cancel an order under certain circumstances.

DEFINITION

“Vendor”/”Seller”/”Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on _______________.
“User”/ “You” means and includes you and/or any person or an entity comprising of Vendor/Seller/Affiliate using or accessing the services provided on this Site.

 GENERAL

The Terms and Conditions enclosed herein along with the Privacy Policy is an agreement regulating our relationship with regard to the use of ___________ by you. You are hereby advised to read this agreement carefully. If you do not agree to any Terms and Conditions, you are not authorized to access this site. You can use _______ if you agree to all the terms and conditions of this agreement in its entirety. If you consent to this agreement, it will be a legally binding agreement amid you and Magnoliaas.

“Agreement”  herein means the terms and conditions as detailed herein comprising all the schedules, appendices, annexures, privacy policy and will include the references to this agreement as amended, supplemented, varied or replaced time to time. _________or the “Site” means the online portal owned and operated by Magnoliaas which provides a podium to the consumers to get information of the products listed on site.

ELIGIBILITY:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the essential authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

 

TERM OF AGREEMENT/ SERVICE:

This Agreement shall continue to be in full force and effect for so long as you are using the site. Either you or Magnoliaas may terminate the agreement at any time, with or without cause. However, Magnoliaas reserves the right, in its sole discretion, to terminate your access to the products and services offered on the site or any portion thereof at any time, without notice.

MODIFICATION OF TERMS AND CONDITIONS:

Magnoliaas. may at any time modify the terms and conditions contained on the site without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the modified Terms and Conditions.

 

DISCLOSURE OF INFORMATION 

  1. Magnoliaas will not disclose any personal information such as your name, address, email or telephone number to any person outside of the company, unless the customer has authorised us to do so or unless required by law to disclose such information.
  2. Furthermore, under no circumstances will Magnoliaas sell or receive payments or services for disclosing customer’s personal information to any partner or external company.

 

PAYMENT AND DEPOSIT

  1. Please ensure all contact details, personal information, spelling of names, design requirements, delivery & collection details and any requested changes have been properly documented on your order confirmation. Notify Magnoliaas through Phone, mobile or Email immediately if any errors appear.
  2. We require a _____ non-refundable deposit to confirm an order. The remaining ____ is due ____ weeks before the delivery date, at which point all variations must be confirmed (modifications to the formerly approved design may incur extra fees).
  3. Orders placed less than ___ weeks in advance of the delivery date must be paid in full. The final balance specified on the invoice must be paid by the buyer within ___ days from the date of the invoice.
  4. Payment can be made earlier if you wish.
  5. Failure to complete payment within__ days from the date of the invoice may result in your order being cancelled. Deposits are non-refundable.
  6. Full payments made less than ___weeks in advance of the delivery date are non-refundable.
  7. Full payments made more than ___weeks in advance of the delivery date are subject to a cancellation fee if cancelled more than __ weeks in advance of the delivery date.

 

CANCELLATIONS AND ALTERATIONS

  1. If you have any queries or need to make any changes to an order please contact us immediately, as mentioned above through phone, mobile or Email. We will assess your request for an alteration and let you know its effect on the price and any agreed timetable.
  2. To Accept or not to accept any alterations will be at the sole decision of the Seller. Alterations requested less than __ weeks before completion may be subject to a surcharge.
  3. We cannot refund any of the cost of any orders cancelled with less than ___weeks’ notice. Orders paid in full and cancelled with more than ___ weeks’ notice will receive a partial refund of ___% of the total amount paid.
  4. If in an unlikely event, we have to cancel your order for any reason, then we will give you as much notice as possible, and discuss the matter with you and try to agree a suitable alternative.
  5. If you are not willing to accept our suggested alternative, then we will refund the full price to you.

 

DAMAGES

In the unlikely event that your order arrives damaged, it is the customer’s responsibility to report the damage to us within 48 hours, within 7 working days if you wish to claim a refund or replacement.

The Seller will not take back any undamaged goods from the buyer unless agreed in writing by the Seller.

The Seller accepts no liability for cakes that are damaged after they have been delivered to the agreed location.

For cakes delivered to locations, the Seller requires a signed delivery note by the person in charge to say that the order has been delivered and that too in perfect condition. Orders/Products collected from the Magnoliaas. require a signed collection note by the person in charge to say that the order was collected in perfect condition.

Damages after this point are not Magnoliaas’ responsibility. All Magnoliaas products are fragile and require care and attention when handling, storing, and displaying.

Please pay careful attention to our storage and transportation (where relevant) instructions that will be provided with the products. Where samples of the Goods are shown to the Buyer, the Buyer hereby accepts that they consider such samples to be representative of the Goods.

Any description applied to the Goods is only given by way of identification and does not constitute a sale by description.

 

 GIFT VOUCHERS:

  1. Gift Vouchers can be redeemed only in any of the Magnoliaas A location where a Gift Voucher can be redeemed is referred to in these Terms and Conditions as a “Franchisee or Site” respectively.
  2. A Gift Voucher is a prepaid payment device that comes with a product exchange. They are not credit Vouchers, charge Vouchers or debit Vouchers.
  3. Gift Vouchers cannot be purchased by using Discount Coupon Codes.
  4. Every Gift Voucher has to be physically submitted to Magnoliaas Franchisee in original in order to redeem it.
  5. To use a Gift Voucher at a Franchisee, present them at the time of payment. They entitle the bearer to exchange it for only the value they carry. The bearer of a Gift Voucher has to select a product from amongst the ones available with the Franchisee at the time of exchange.
  6. Magnoliaas is not responsible for lost, stolen, or misused Gift Voucher. Risk of loss passes to the purchaser of the Gift Voucher and upon handing over of the Gift Voucher to the recipient.
  7. A Gift Voucher / Coupon Code / Reward Points has an expiration date of ____MONTHS from the date of issue.
  8. A Gift Voucher is non-refundable and cannot be redeemed for cash value.
  9. Magnoliaas reserves the right to cancel an issued a Gift Voucher and/or request alternative forms of payment if a fraudulently obtained Gift Voucher is used to make purchases in Magnoliaas.
  10. In case if any Franchisee refuses to honour the Gift Voucher or for any other problems if a Franchisee or the Site fails to honour a Gift Voucher, please email the Customer Service team on Email ______________ to report the incident.
  11. We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving you notice.
  12. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Gift Voucher at our sole discretion at any time, with or without cause, and without giving you notice. The Gift Voucher is Magnoliaas. property.
  13. A Gift Voucher and their use are subject to the terms of service and Privacy Policy, which are incorporated herein above. In the event of a conflict pertaining to the Gift Voucher, terms and conditions shall control.

 

 NON-COMPLIANCE WITH AGREEMENT AND SUSPENSION:

  1. Notwithstanding other legal remedies that may be available to Magnoliaas, Magnoliaas may in its sole discretion limit user activity by immediately removing user listing either temporarily or forever or suspend or terminate user membership, and/or refuse to provide user with access to the Site.
  2. If the User is in breach any of the terms and conditions of this Agreement; if the User has provided wrong, inaccurate, incomplete or incorrect enation; if your actions may cause any harm, damage or loss to the other Users or Magnoliaas your account will be suspended or terminated due to non-compliance with agreement.
  3. Illegal and/or unauthorized use of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

 

GOVERNING LAW AND JURISDICTION:

This website is created and controlled by Magnoliaas in Pune, India and the laws of India shall apply. This agreement is governed and interpreted in agreement with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Pune, Maharashtra, India, in all disputes arising out of or relating to the use of the Magnoliaas sites. Use of the Magnoliaas site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to assure and hold Magnoliaas, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys’ fees, proclaimed by any third party due to or rising out of your use of or conduct on the Magnoliaas site.

 

ENTIRE AGREEMENT

These Terms and Conditions, together with privacy policy, and other rules and policies posted on the site, which are hereby incorporated as set forth fully in these Terms and Conditions, constitute the entire agreement between you and Magnoliaas. With respect to your use of and products available through the site, and they surpass all prior or contemporary communications and proposals between you and Magnoliaas. with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.