CONDITIONS OF USE

  1. Floreta (Portal) is an Internet based portal owned and operated by Floreta Design Technologies Pvt Ltd having its registered office at 612 Surya Kiran Building ,19 Kasturba Gandhi Marg ,Connaught Place,New Delhi - 110001 Use of the Portal is offered to User conditioned on acceptance of all the terms, conditions and notices contained in these Conditions of Use and any amendments made to it by Floreta at its sole discretion and posted on the Portal, including by way of imposing an additional charge for access to or use of the Services.
  2. Floreta shall not be required to notify Users, whether as a Registered User or not, of any changes made to the Conditions of Use and/or Additional Condition which may be done at the sole discretion of Floreta. The revised Conditions of Use shall be made available on the Portal. Your use of the Portal and the Services is subject to the most current version of the Conditions of Use made available on the Portal at the time of such use. You are requested to regularly visit the link www.floreta.in to view the most current Conditions of Use. It shall be responsibility of User to check these Conditions of Use periodically for changes. Your continued use of the Portal, following changes to the Conditions of Use, will constitute acceptance of User of those changes.
  3. By (i) using this Portal or any facility or Service provided by this Portal in any way; or (ii) merely browsing the Portal, Users agree that Users have read, understood and agreed to be bound by these Conditions of Use available on the Portal. If User does not agree to the foregoing, You are prohibited from accessing or using the Portal. If You do not agree to any of the provisions set forth in the Conditions of Use, kindly discontinue viewing or participating in this Website immediately.
  4. Use of our portal is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and other Indian Laws. You undertake and represent to us, as per the details given by you in the Registration Account, that you are a natural or juristic person competent to enter into valid and legally binding contract under applicable Indian laws inter alia, a person of legally sound mind, not adjudicated bankrupt and equal to or more than 18 years of age on the Execution Date. If User is a juristic person then the person accepting this Agreement represents that such person is duly authorized to bind the User to this Agreement and the designated electronic mail address is valid and subsisting and allotted by User to such person. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
  5. The User shall register and maintain an active Account in order to participate in the Services, and with respect to the same:

(a)            shall provide required information for registration on the Portal, including all personal information, as requested, and update the same as and when applicable (“Registration Details”);

(b)            shall be solely responsible for safeguarding and maintaining the confidentiality of its Account username and password and for all activities that occur under its Account;

(c)            shall not permit any third party to use the Services through its Account and will not use the Account of any third party; and

(d)            shall immediately notify Floreta of any unauthorized use of its username, password or Account.

  1. The User shall avail the Services through the Portal. User undertakes to only utilize the Platform in accordance with the terms and conditions hereof and for no other purpose whatsoever.
  2. The Registration Details and the Data shall be treated as Confidential Information and Floreta shall treat it as such subject to the Privacy Policy. Please see our Privacy Policy.
  3. You agree, understand and acknowledge that the Portal is an online platform that enables you to purchase products listed on the therein at the price suggested therein, at any time and from any location. You further agree and acknowledge that in case where Floreta is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers as on Floreta.in.
  4. The User understands that the Data reflected on the Portal shall be as stored at the Server. The Payment Gateway will solely be responsible for processing payments and payment collection. However, Floreta shall provide all related User services. Floreta shall establish appropriate arrangement(s) with the Payment Gateway to permit the User to make online payments. Please refer to the Clause of ONLINE BILLING & PAYMENTS THROUGH PORTAL which is applicable to all transactions, purchases and orders placed on the Portal shall be governed by the
  5.  The User understands that as per law, they are prohibited to host, display, upload, modify, publish, transmit, update or share any information that –

(a)   belongs to another person and to which the User does not have any right to;

(b)   is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c)   harm minors in any way;

(d)   infringes any patent, trademark, copyright or other proprietary rights;

(e)   violates any law for the time being in force;

(f)   deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g)   impersonate another person;

(h)  contains software viruses or any other files programs designed to interrupt, destroy or limit the functionality of any computer resource; or

(i) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

  1.  User help-desk(s) shall be made available / installed, in order to assist the Users by handling their complaints, queries, enquires, etc., details of which are provided at the Portal. The User help-desk may require and shall have unfettered rights to access Data for analysis or troubleshooting customer reported problems or suggesting any recommendations.
  2.  By accepting the terms and conditions mentioned herein, the User authorizes Floreta to intercept, monitor and decrypt any Data and/or information provided by the User at the Portal.
  3.  The User recognizes that the Portal may be unavailable for certain periods of time, inter alia for maintenance, repairs, updating etc., without any liability to either Party. Whilst Floreta will endeavor to give prior notice for such unavailability, the User agrees that such prior notice may not always be possible. We will attempt to limit the frequency and duration of any such suspension or restriction.
  4.  If you decide to use an Application, subject to your compliance with these Terms, Floreta grants you a limited non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use such Application on a mobile device that you own or control, solely for your personal and non-commercial purposes. Floreta reserves all rights in the Applications not expressly granted to you by these Terms.
  5.  Subject to your compliance with these Terms, Floreta grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Floreta Content solely for your personal and non-commercial purposes. Subject to your compliance with these Terms, Floreta grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Applications, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Floreta or its licensors, except for the licenses and rights expressly granted in these Terms.
  6.  You expressly agree that your use of the Portal is on “as is where is basis” and “as available”, without any warranties of any kind, either express or implied, including but not limited to title, purpose, infringement of Intellectual Property Rights, damages etc. Floreta shall not be responsible for any loss or profit in income, loss of revenue or goodwill, any loss or corruption of or damage to Data.
  7.  You agree that Floreta and all of its intellectual property rights (as defined in the Terms of Use) and such intellectual property and rights of its Merchants, including, but not limited to trademarks, designs, logos, copyright, algorithms, patents etc. are protected by intellectual property law, as applicable. You agree that you will not use any of this Intellectual Property and Rights of Floreta or its Merchants, except in compliance with this Agreement. You shall not sell, modify, use or create derivative works from those materials in any way.
  8.  You are assured that Floreta’s uses the Data, the information procured, and electronic transfers in compliance with the Information Technology Act, 2002 and the rules and regulations therein. The User is also bound by such provision, rules and regulations as may be applicable.
  9.  You are put to notice that in case of non-compliance with rules and regulations, Conditions for Use, Conditions for Sale, Terms of Use and Privacy Policy Floreta has the right to immediately terminate the access or usage rights of the Users and remove noncompliant information.
  10.  You are made aware that despite efforts, Floreta may not be aware of all the Data and contents (in the form of comments, Product description or otherwise) on the Portal. Accordingly, Floreta operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, please notify us immediately by following the procedure detailed hereinbelow:

Kindly send a Notice at the address :---

The notice shall contain, inter alia, the following details:

I, [Please set out your full name] of [please give your postal address], [please set your occupation] , swear to the truth of my following representation/statement:

  1. The following material, publication thereof on your Portal, is in violation of the Conditions of Use or otherwise objectionable or offensive.
  2. The violative/offensive/objectionable material appears in the following  form:

(a)   Kindly give description of the Product(s) along with the link where it is being displayed; or

(b)    appears on the website at [please insert the relevant link].

  1. The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about].
  2. Kindly state the reasons for which you find the content/material/product to be in violation of the Conditions of Use.
  3. I understand that this statement may be used in any court proceedings that may arise out of or relating to the content/material/product, which I have complained about.

I declare the facts stated above to be true.

Signed:

Dated:

Once this procedure has been followed, we shall make all reasonable endeavours to remove such content/material/product complained about within a reasonable time.

  1.  We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow the procedure in Clause 17.
  2.  You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of Merchants nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Merchants of the products.

While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

  1.  You shall indemnify and hold harmless Floreta, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable legal expense, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use and/ or Conditions of Sale and/or Privacy Policy, any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Floreta and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

  1.  Parties other than Floreta may operate stores, provide services, or sell product lines on the Site or through the Applications. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Floreta does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
  2.  All communication to Floreta shall be addressed at Floreta Design Technologies Pvt Ltd , 612 Surya Kiran Building,19 Kasturba Gandhi Marg ,Connaught Place, New Delhi-110001 Floreta may communicate with the User via info@floreta.in
  3.  Floreta shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
  4.  Floreta reserves the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. Kindly refer to the Clause of SEVERABILITY and VARIATION & CHANGE IN CONTROL
  5.  Neither Party shall be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay is due to circumstances beyond its reasonable control including without limitation Force Majeure. If a delay or failure by a Party to perform its obligations due to Force Majeure exceeds 60 (sixty) Business Days, either Party may immediately terminate the Agreement by providing notice in writing to the other Party. Kindly refer to the FORCE MAJEURE clause.
  6.  If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
  7.  Governing Law and Jurisdiction: Kindly refer to the Clause of NOTICE and DISPUTE RESOLUTION in the Terms of Use.
  8.  Floreta  Software Terms
  9. Use of the Floreta Software

You may use Floreta Software solely for purposes of enabling you to use and enjoy the Floreta Services as provided by Floreta, and as permitted by the Conditions of Use, these Floreta Software Terms and any Terms. You may not incorporate any portion of the Floreta Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Floreta Software or otherwise assign any rights to the Floreta Software in whole or in part. You may not use the Floreta Software for any illegal purpose. We may cease providing any Floreta Software and we may terminate your right to use any Floreta Software at any time. Your rights to use the Floreta Software will automatically terminate without notice from us if you fail to comply with any of these Floreta Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Floreta Software that are specifically identified in related documentation may apply to that Floreta Software (or software incorporated with the Floreta Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Floreta Service is the property of Floreta and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.


  1. Use of Third Party Services

When you use the Floreta Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  1. No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Floreta Software, whether in whole or in part, or create any derivative works from or of the Floreta Software.

Updates

In order to keep the Floreta Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.


Conditions of Sale (between Sellers and the Customer)

Please read these conditions carefully before placing an order for any products with the Sellers ("We" or "Our" or "Us", wherever applicable) on the Floreta.in (the website). These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future Floreta.in service (eg: Wishlist or Marketplace or Floreta MP3 Service), you will also be subject to the terms, guidelines and conditions applicable to that service ("Terms"). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

  1. Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products on the website by us to you.

  1. Our Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.

Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

You can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.


  1. Returns

Please review our Returns Policy, which applies to products sold by us.

  1. Pricing and availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.

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All prices are inclusive of VAT unless stated otherwise.

  1. Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.


  1. Health & Safety

By purchasing any product from our Home & Kitchen shop, you acknowledge that you have read and understood our Health & Safety Guidelines.

  1. Children

Use of Floreta.in is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.

  1. Communications

When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

  1. Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.

  1. Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

  1. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.


  1. Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.