Terms and Conditions
(i) These Terms & Conditions apply to products and services purchased via www.clickorchid.com referred to as “the Website” which is a website owned and operated by DARJEELING GARDENS PRIVATE LIMITED, a company incorporated under the Companies Act, 1956. The terms “Company” or “we” or “us” or “our” means the company or clickorchid.com. Please note that wherever is mentioned as “you” or “your” or “yourself” or “user” or “customer” shall be considered as the users of the website who registers with clickorchid.com and provides his/her data using the computation systems. Clickorchid.com allows its users to surf or make purchase from this website without registration process.
(ii) Please read these Terms & Conditions carefully before purchasing any products or availing any services on the website. Any purchase made by you through the website shall signify your acceptance of the Terms & Conditions and your agreement to be legally bound by the same.
(iii) If you do not agree with the Terms & Conditions please do not access the website for any purchase.
(i) The Website is a platform for online sale of live plants collectively called “Products” and “Living Products” in the case of plants and supplies related to orchids collectively called “Non Living Products” and allied services ("Services") offered by us and the purchase of Products and Services by you. For point of clarity, the Products and Services are manufactured and sold, under the brand “Click Orchid”, which is owned by Darjeeling Gardens Pvt. Ltd. We also deliver the Products to you directly or through our authorized partner.
(ii) The Website has the right to change or discontinue any Products and Service at any time, without notice. We may add or modify the procedures, modes, processes or conditions of purchase at any time. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Product or any aspect of the Services.
3. PRODUCTS AND SERVICES
(i) The Website sells a variety of Products. Services, such as shipping, in relation to the Products, shall be per the company's policy, which may be changed by the company from time to time.
(i) You should take all responsibility for your own actions in utilizing the Products and Service and the Website in relation to the Services availed or purchased by you and the company shall not be liable for any such action or consequence thereof.
(ii) You represent that you are of legal age to form a binding contract and are not a person barred from purchasing Products or receiving Services under the laws as applicable in India.
5. PRICING INFORMATION
(i) The Pricing Information relating to the Product shall be as displayed on the Website and as disclosed to you at the time of your purchase/order.
(ii) The Website does not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.
(iii) We strive to provide accurate information relating to Products and Services including pricing information, but typographical and other errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information due to an error, we will have the right to modify the price of the Product or Services and contact you for further instructions via e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If we cancel the order after the payment has been processed, the said amount will be remitted to the original payment account through which payment was done at the time of purchase.
6. CREDIT CARD DETAILS
(i) You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide valid, correct and accurate credit/debit card details to the approved payment gateways for purchasing Products or availing Services on the Website. You shall not use the credit/debit card that is not lawfully owned by you. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/debit card details. The company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card.
7. DELIVERY OF THE PRODUCT
(i) Your shipping address and pin code will be verified for serviceability with the database of the Website before you proceed to pay for your purchase. If your order is not serviceable by shipping partner of the company or the area/pin code is not covered, we will request you to provide us with an alternate shipping address which we expect to have within the company’s serviceable area. If there is any dispute regarding the shipment of the Product or delivery of Services for the area not covered by the company, we will not be responsible for the non-delivery of the Product or Services. You can make purchases on the website from across India but the shipping address must be in an area serviceable by us.
(ii) In case you book multiple orders for the products and services in one transaction, efforts will be made to ship all products together. However, this may not always be possible.
(i) You cannot cancel an order once it is placed and paid for. Since readying of plants for shipment begins the moment the order is placed so cancellation of an order once placed is not allowed.
(ii) We do not accept cancellation at the time of delivery.
9. RETURNS OR REPLACEMENTS
(i) If you happen to receive a damaged or defective living product, or if the product does not match the description provided on www.clickorchid.com you can return it to us, but no claim regarding quality, quantity or description of the products supplied shall be accepted by us unless you notify us with details of any deficiencies within 24 hours of receipt/purchase of the products. You recognize that living products may be degraded, damaged, or killed by heat, cold, lack of water, exposure to direct harsh sunlight or chemical, improper handling or careless transportation and recognizes that after delivery all these factors are beyond the company's control. You will need to send an image of the product by email to email@example.com for claiming that the product is damaged or is not meeting the description. The product should be returned in its actual condition at the time of delivery. The original item will be recalled then and the exchange will be shipped to you sooner or a refund will be initiated. No requests for return will be accepted post 24 hours of delivery.
(ii) If you happen to receive a damaged or defective non living product, or if the product does not match the description provided on www.clickorchid.com you can return it to us, but no claim regarding quality, quantity or description of the products supplied shall be accepted by us unless you notify us with details of any deficiencies within 24 hours of receipt/purchase of the products. You will need to send an image of the product by email to firstname.lastname@example.org for claiming that the product is damaged or is not meeting the description. The Product should be returned in its actual condition at the time of delivery. The original item will be recalled then and the exchange will be shipped to you sooner or a refund will be initiated. No requests for return will be accepted post 24 hours of delivery.
If you are eligible for a refund, the same shall be given to you as per the following guidelines:
(i) The refund amount for the orders paid online will be refunded within 7-10 working days from the date of initiating the refund in the original payment account through which payment was done at the time of purchase after deducting a 5% fee towards payment gateway charges.
(ii) If you happen to process multiple payments for same order then the duplicate transaction amounts will be refunded within 15-20 working days in the original payment account through which payment was done at the time of purchase after deducting a 5% fee towards payment gateway charges.
(iii) Convenience Fee & Taxes charged while making purchase would not be refunded/reversed for any refund or reversal of any transaction.
11. Shipping and Delivery
(i) All products are carefully packed and shipped to avoid any form of damage through the shipping partners mentioned on the website.
(ii) Orders will be dispatched within 3-4 Days from the day of placing an order.
(iii) The delivery of the package will depend on your location and the estimated delivery time is up to 5-7 working days after the dispatch.
(iv) If the package is not received within 5-7 working days, you should immediately contact us through email (email@example.com) or phone (+91- 8695555162) to track your package and help you trace the package in case of delay in transit.
(v) Shipping charges are based on the actual weight or volumetric weight whichever is higher. Shipping charges include the cost to ship with tracking numbers and cost to box and packing and the carrier charge for transportation and fuel. The company absorbs routine extra fees when they occur and the charge for shipping quoted in the shopping cart is the charge you will pay regardless. The shipping charges on the website are subject to price fluctuations, due to various factors. Once an order is placed by you, you will be liable to pay such amount as was displayed on the date of the order and the invoice.
(vi) Incase of loss/ delay or damage of delivery, Click Orchid will not be liable.
12. Indemnification, Limitation of Liability and Governing Law
(i) You agree to indemnify, defend and hold harmless Darjeeling Gardens Private Limited 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 the Company that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms or any Additional Terms applicable to the purchase of Products and/or Services.
(ii) In no event shall Darjeeling Gardens Private Limited, its officers, directors, employees or partners be liable to you 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 the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, company's entire liability to you under this Terms & Conditions or otherwise shall be limited to the refund of the moneys paid by you, for any Product or Service in connection with which the claim has arisen, which amount shall be refunded you.
(iii) These Supply Terms and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
(iv) All claims, differences and disputes arising under or in connection with or in relation to these Terms & Conditions or any transactions entered into on or through the Website or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the court at Siliguri (West Bengal) and you hereby accede to and accept the jurisdiction of such court.