TERMS & CONDITION
Please read the following terms and conditions as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. In using our Website, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, and you understand and agree that you are bound by such terms till such time you access this Website. If you have any comments or complaints on or about our Website, please email us at our contacts listed on our Website.
We reserve the absolute right to modify /change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them on priority basis and on each occasion, you access the Website.
OWNERSHIP OF RIGHTS
Doyen Foods LLP, having its registered office at 128/C, Pankaj Manison, Dr.A.B. Road, Worli, Mumbai – 400 018. (hereinafter referred to as “DOYEN”) has all the rights, ownership or licensed including copyright, in this Website. Any use of this Website or its contents or storing it or them in whole or in part, other than for your own personal, non-commercial use is prohibited. You should not modify, distribute or re-post something on this Website for any purpose.
All products, customization, services and information offered/displayed on www.doyenfoods.com ("Website") constitutes an invitation to offer but not an “offer”. Your order for purchase shall constitute an offer from you which shall be governed by the terms and conditions as listed herein. We reserve all the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted and the balance would continue to be an offer to be accepted and Doyen reserves the right to accept or reject such balance order. No act or omission prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you provide us your email address, we will inform you by email as early as possible the receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
Doyen has taken utmost care for the development of the content of this Website, in particular to ensure that prices mentioned are correct at the time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. The weights, dimensions, quantity, colour, etc given are approximate only and subject to availability. We will update the content of the Website regularly. We disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Website. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website.
ELIGIBILITY TO USE
As a user of this site, you agree that the information provided by you to Doyen on registration and at all other times, including payment, will be true, accurate, current, and complete. You also agree and accept to ensure that this information is kept accurate and up-to-date at all times. If you have a reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account id, pin, password, or any credit, debit or prepaid cash card number or netbanking login/ password, if applicable), then you agree to immediately notify Doyen and indemnify Doyen from any of the liabilities that may arise from the misuse of your account. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorised and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
ONLINE SHOPPING PLATFORM
You further agree and undertake that you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
Doyen accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment the Buyer/ cash on delivery as the case may be, Doyen shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer. Any and all orders placed by you on this Website are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by by us for redelivery shall be claimed from you and you shall pay such cost.
Once you have placed the order, you will be barred to cancel, modify or alter the same. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the items description. The product delivery timelines are subject to change from transaction to transaction.
SHIPMENT OF PRODUCTS
We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorised by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order The delivery will NOT be redirected / redelivered to any other address in any circumstance.
The selected product will be delivered only in the city it is mentioned as “available” on this Site.
Doyen shall not be held responsible for damage of products after delivery. Doyen will consider the order delivery “failed” in the following cases:
Delivery not done due to wrong address.
Recipient not available
In case of floods/ Heavy Rains/ National Bandh we reserve the right to reschedule the delivery for another date.
In case the product is not delivered due to any of the above reasons, we will inform you about the same.
Product prices listed on the Website are current. While every care has been taken to label the products accurately, errors in data entry and updation may occur. Doyen reserve the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. I such cases, we will give a full refund of all money received from the customer. Prices are subject to change without advance notice.
All prices on this web site are given in Indian Rupees. For international cards used on the site, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument. All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and raising of an invoice. Some of our products are liable for VAT in India.
Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments
Out of Stock situations
In such cases we will contact you within 2-3 business days and give you the option to exchange or cancel the order based on your convenience.
The following modes of payments are available:
a) Credit Cards - Master Card, Visa
b) Debit Cards - Master Card, Visa, Maestro and Rupay
c) Netbanking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for purchases As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. Your credit card or debit card statements will reflect Net Distribution Services Private Limited. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To place an order you will need to complete the transaction on the Website. After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section. In this section you will be asked for address and other contact information as well as payment related information Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same. FRAUDULENT /DECLINED TRANSACTIONS:
Doyen and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently. Doyen and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product/service catalogues) that You access on the Website in accordance with Section - Use of Services/Material.
You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Doyen. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website , materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website .
You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Doyen disclaims all liabilities arising in relation to such offensive content on the Website.
If Website allows You to post and upload any material on the Website , You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a.Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b.Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
c.Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
d.Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
e.Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
f.Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website );
g.Attempt to gain unauthorized access to any portion or feature of the Website , any other systems or networks connected to the Website , to any Doyen server, or to any of the Services offered on or through the Website , by hacking, password mining or any other illegitimate means;
h.Probe, scan or test the vulnerability of the Website or any network connected to the Website , nor breach the security or authentication measures on the Website or any network connected to the Website . You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website , or any other customer of Doyen, including any Doyen Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website , in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website ;
i.Disrupt or interfere with the security of, or otherwise cause harm to, the Website , systems resources, accounts, passwords, servers or networks connected to or accessible through the Website s or any affiliated or linked sites;
j.Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k.Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website , or with any other person's use of the Website ;
m.Conduct or forward surveys, contests, pyramid schemes or chain letters;
n.Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
o.Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
p.Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
q.Violate any applicable laws or regulations for the time being in force within or outside India;
s.Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website .
USE OF SERVICES/MATERIAL
Except as expressly indicated to the contrary in any applicable Additional Terms, Doyen hereby grants You a non-exclusive, freely revocable (upon notice from Doyen), non-transferable access to view, and avail various services or any other materials available on the Website , subject to the following conditions:
b.You may not modify or alter Services list/s or any other materials available on the Website;
c.You may not distribute or sell, rent, lease, license or otherwise make the Service list/s catalogues or any other materials available on the Website available to others; and
d.You may not remove any text, copyright or other proprietary notices contained in the Service list/s catalogues or any other materials available on the Website.
The rights granted to You in the Services catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Services catalogues or any other materials available on the Website cannot be copied or retransmitted unless expressly permitted by Doyen.
Any purchase of the merchandise or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order.
CANCELLATIONS AND RETURNS BY THE CUSTOMER
You cannot cancel your order or some items in your order once you have placed an order. All orders are non-cancelable and non-returnable. No refund would be offered on any orders. Any complaints on any items that are damaged or expired or not as per your original order must be intimidated to us via email within 24 hours from time of delivery. Any complaints received after 24 hours will not be accepted. All returned items must be accompanied by a copy of the original receipt, a return / exchange authorization number and in unopened, saleable condition. Postage and charges for return of these will not be refunded. Please note that in any case we cannot offer exchanges or refunds on any sale, opened or used products. Please allow two to three weeks from the day you return your package for your refund request to be processed. You will be contacted once your return is complete.
DISCLAIMER OF WARRANTIES & LIABILITY
You expressly understand and agree that, to the maximum extent permitted by applicable law:
To the maximum extent permitted by applicable law, Doyen will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Doyen also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
Doyen will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Website and associated applications or any services or materials, either with or without your knowledge. Doyen has endeavored to ensure that all the information on the Website and associated applications is correct, but Doyen neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Doyen shall not be responsible and/or liable for the delay or inability to use the Website and associated applications or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Doyen shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Doyen's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Doyen is not responsible for any typographical error. Doyen accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
This site may contain advice, opinions and statements of various information providers and content providers. The Website does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this "site" or any other entity. Reliance upon any such opinion, statement or other information shall also be at the "user's" own risk. Neither the Website nor its affiliates, nor any of their respective agents, employees, information providers, or content providers shall be liable to any user or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer -virus, communication line failure, alteration of, or any use of content herein, regardless of cause, for any damages resulting there from.
You agree to defend, indemnify and hold harmless Doyen, its partners, employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorneys fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Doyen or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
Doyen its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Doyen assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
This clause shall survive the expiry or termination of this User Agreement.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing;
Sending unsolicited email, including promotions and/or advertising of products or services; or
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available on this Website and other than generally available third party web browsers
You agree that Doyen, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your account (or any part thereof) or your use of the services and remove and discard all or any part of your account, your user profile, or your recipient profile, at any time. Doyen may also in its sole discretion and at any time discontinue providing access to the services, or any part thereof, with or without notice. You agree that any termination of your access to the services or portion thereof may be effected without prior notice, and that Doyen will not be held liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Doyen may have at law or in equity. Upon termination for any reason, you hereby agree to immediately stop using the services.
GOVERNING LAW AND DISPUTES
Doyen may elect to resolve any dispute, controversy or claim arising out of or relating to this Terms provided in connection with this Terms by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. Any such dispute, controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other third party. The arbitration shall be conducted in Mumbai, India and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai, India, which may be necessary to protect the rights or the property of you or Doyen (or its agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and nor you or we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Doyen. In all arbitrations, each party will bear the expense of its own lawyers and for the related preparations. The arbitrator shall be appointed by Doyen. The language of arbitration shall be English.
You agree that any claim or dispute you may have against Doyen must be resolved by a court located in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India for the purpose of litigating all such claims or disputes. This Agreement shall be governed by the laws of India, without giving effect to any principles of conflicts of law.
If any provision of this Agreement/policy is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this policy to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement/policy, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement/policy, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
LIMITATION OF LIABILITY AND DAMAGES
In no event will Doyen or its partners, employees, contractors, agents, licensors, partners, or suppliers be liable to you for any special, indirect, incidental, consequential, punitive or exemplary damages (including but without limitation to loss of business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to (i) this agreement, (ii) the services, the site or any reference site, or (iii) your use or inability to use the services, the site (including any and all materials) or any reference sites, even if Doyen or a Doyen authorized representative has been advised of the possibility of such damages. This paragraph shall survive termination of this Agreement.