References to "we" or "us" in these Terms and conditions are to Funcart.in.
References to "you" in these Terms and conditions are to the users of this website.
References to "the site" in these Terms and conditions are to www.funcart.in and its contents.
Accuracy of content
We have taken every precaution in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed in INR (Indian rupees) inclusive of VAT. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. Funcart.in is not responsible for the resulting color variations as there are a vast number of variables available for printing. There will be NO REFUNDS and no design revisions of colors if you do not like the colors after printing or receiving the goods.
To the extent permitted by applicable law, www.funcart.in disclaims 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.
Invitation to offer
All products/services and information displayed on Funcart.in constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Funcart.in reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Funcart.in prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
ELIGIBILITY TO USE
Funcart.in reserves the right to terminate your membership and refuse to provide you with access to the Site if Funcart.in discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Funcart.in for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Funcart.in makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Funcart.in will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Funcart.in you agree to be bound by the Terms and Conditions.
ACCOUNT AND REGISTRATION OBLIGATIONS
Funcart.in does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to Funcart.in will be deemed non-confidential. By submitting any such information, you are granting Funcart.in an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
You shall not use the Website for any of the following purposes:
· Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
· Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
· Gaining unauthorised access to other computer / network systems.
· Interfering with any other person's use or enjoyment of the Website.
· Breaching any applicable laws;
· Interfering or disrupting networks or websites connected to the Website.
· Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
LOGIN THROUGH FACEBOOK
While Funcart.in strives to provide accurate product and pricing information, pricing or typographical errors may occur. Funcart.in cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Funcart.in shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced,Funcart.in may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Funcart.in will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Funcart.in accepts your order the same shall be debited to your credit / debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Funcart.in dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account.
We strive to provide you with best value, however prices and availability are subject to change without notice.
We want you to be 100% satisfied with your products. If you are unhappy with your purchase, pl read the details on how we can best assist you.
There are some conditions for our return policy which are as follows:
1.If you have received wrong/damaged or defective product then please feel free to return us back within 7 days of delivery.
Note: Please report to us within 24 hours of delivery of wrong/damaged or defective product through email at www.funcart.in & our customer care would help to get the refund/replacement of the product if there is a valid reason. If you are not able to inform us within 24hrs then www.funcart.in shall not be held liable for not replacing or exchanging that order.
2. The items should not be opened or used i.e. it should be in original packing with all labels and tags on it.
3. The actual shipping & handling charges will be deducted and the rest of the product cost will be refunded to the customer.
4. The item which has to be returned should be stated on the invoice.
5. Please make sure that you use reliable courier service that has tracking option of the shipment as the replacement can be processed only once the item is received in as is condition.
6. The company cannot accept responsibility for loss or damage during return transit.
7.There are no RETURNS ON SALE OR CLEARANCE ITEMS
8. Any refunds may take up to 5-10 business days provided your case has been approved & your bank information is correct.
9. For all refunds we will refund the amount to same mode of payment as used during checkout. For payments made by Cash on delivery, we will issue you a coupon, which can be used for future purchases made on our website.
Items not eligible for refund/return
· Balloons – latex or foil
· Fun face wear –teeth, moustaches, beard, fangs ,makeup or other costume accessories, where hygiene is a concern
· Led items are tested at our end. They might shake in transit, so pl change the batteries and they are good to use.
· Personalized items, unless they are incorrect due to manufacturer error.
· Partial Party fun box – Our party fun box can only be returned complete, including all the components originally specified within each box. It can’t be returned individually.
Cancellations by the customer
In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund 100% of the amount. We will not be able to cancel orders that have already been processed and shipped out by us. Funcart.in has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Funcart.in and accept Funcart.in's decision regarding the cancellation. Please contact us on www.funcart.in or speak with customer care on 011-41619951(9am-6pm) for any doubts and concerns.
Balloons and other inflatable items
All balloons (latex or Foil) and other inflatable items are sent deflated to the customers; We do not supply inflated balloons anywhere. The product images that you see on the website is to only show the customers the colors, size and print that comes out as the result of inflation.
Warning: Children under 8 years can choke or suffocate on uninflated or broken balloons. Adult supervision required. Keep uninflated balloons away from children. Dispose broken balloons immediately.
STOCK AVAILABILITY AND PAYMENTS
The delivery of your order is subject to the availability of the item in our stock. Once the payment is made, it remains with the payment gateway and does not reach our account unless we are sure the item purchased is available with us or our suppliers.
Your order remains in Pre-Order / Pre-Payment / Order Processing status and you would be intimated within 48 hours of either the dispatch of the item or Total Refund of your payment made to us.
We put in all effort to maintain stock availability, since we have our own inventory, but should we discover that the item you ordered is out of stock, we will contact you to arrange a refund. Before any refund is made you would be informed through email / call.
WE ARE COMMITTED TO DELIVERING YOUR ORDER ACCURATELY, IN GOOD CONDITION, AND ALWAYS ON TIME.
The shipping geography / country is limited to India only. We process your order within 24 hours , and dispatch it through reputed courier services. We ship on all days (except Sundays & public holidays).
The delivery of your order would take between 5-8 days business days (excluding Sunday and National Holidays) to be delivered anywhere in India. Since most of the items on this website are to be delivered for birthday parties or other occasion, we understand that the date is very important for delivery. You agree that we would not be responsible if you order items to be delivered before 5-8 business days and it reaches late.
If it is a remote location then extra delivery charges may apply and more time may also be taken.
Currently, each order may be shipped only to a single destination address. If you would like to ship products to different addresses, you will need to place multiple orders.
If you believe that the product is not in good condition or if the packaging is tampered with or damaged, before accepting delivery of the goods, please refuse to take delivery of the package, and call us on 011-41619951(9am-6pm ) or mail us at www.funcart.in, mentioning your order reference number. We shall make our best efforts to ensure that a replacement delivery is made to you at the earliest.
Once we ship your item, we send an email communication & a sms; with the tracking code which you can use to track your shipment on our reputed couriers website. You can also visit our website and log into your account to know status of your order. You would be required to provide your Order number and Email ID used at the time of ordering.
We provide flat shipping of INR 99 , as a convenience charge. This helps us service our customers better.
International Shipping: We do not currently offer international shipping options. Special requests can be handled with prior confirmations.
CASH ON DELIVERY (COD)
Cash On Delivery service enables buyers to pay for their goods worth Rs. 3000 on receiving the consignment. For orders more than Rs.3000 the buyers need to make an upfront payment by banl transfer/credit or debit card.
We charge a norminal charge of INR 65 for COD orders.
In case of cancellations after the goods are delivered, Funcart.in will accept the consignment only if it is not opened or tampered with and would refund the token amount (if paid). Funcart.in will not be liable to take back the goods if the package is unwrapped or meddled with.
If by due diligence, we find that a user is misusing the COD service, we might disable the user's id or charge a processing fee.
The user agrees to receive unlimited messages with regards to their transaction from Funcart.in. This clause shall survive till the expiry or termination of this User Agreement.
We serve around 9000 pin codes in India for COD orders. It does include all state capitals, metro cities and many other cities. However, for a complete list of weather your city is served or not, please check in our shipping section.. This would also be verified while you provide information about your shipping / delivery address.
CANCELLATION BY FUNCART.IN
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
THIRD PARTY PRODUCTS
PLEASE NOTE: Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by Funcart.in and its group companies. In other words these additional terms and conditions are applicable in case you buy products sold on Funcart.in by third party vendors.
You understand and agree that there may be certain products, which will be sold on the Site by third party vendors ('Vendors'). Funcart.in may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:
§ Funcart.in is not responsible for any non-performance or breach of any contract entered into between you and the Vendor. Funcart.in cannot and does not guarantee that the Vendors will perform any transaction concluded on the Site.
Funcart.in does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items or services proposed to be sold on the Site by the Vendor. In particular, Funcart.in does not implicitly or explicitly support or endorse the sale of any items or services on the Site. Funcart.in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
§ You release and indemnify Funcart.in and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Funcart.in cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
§ All other terms and conditions of this User Agreement are applicable to such transactions.
You agree, understand and confirm that the credit card details provided by you for availing of services on Funcart.in will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Funcart.in. Further the said information will not be utilised and shared by Funcart.in with any of the third parties unless required for fraud verifications or by law, regulation or court order. Funcart.in will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
FRAUDULENT /DECLINED TRANSACTIONS
Funcart.in reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Funcart.in reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
YOU AGREE AND CONFIRM
§ That 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 Funcart.in for redelivery shall be claimed from you.
§ That you will use the services provided by Funcart.in, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
§ You will provide authentic and true information in all instances where such information is requested of you. Funcart.in reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Funcart.in has the right in its sole discretion to reject the registration and debar you from using the Services of Funcart.in and / or other affiliated websites without prior intimation whatsoever.
§ That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
§ That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
§ 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 included in the item's description.
REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Funcart.in on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Funcart.in property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Funcart.in of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Funcart.in owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Funcart.in will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Funcart.in is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Funcart.in does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Funcart.in the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Funcart.in and its affiliates for all claims resulting from any Comments you submit. Funcart.in and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Funcart.in and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi. The High Court of judicature at New Delhi alone shall have the jurisdiction and the Laws of India shall apply.
COPYRIGHT & TRADEMARK
Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Funcart.in. You may not modify, distribute or re-post anything on this website for any purpose.
Funcart.in is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Funcart.in and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Funcart.in , its employees, owners, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Funcart.in 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 the 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. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or Funcart.in. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Funcart.in may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Funcart.in. Upon any termination of the User Agreement by either you or Funcart.in, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Funcart.in's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
LIMITATION OF LIABILITY AND DISCLAIMERS
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while Funcart.in tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Funcart.in will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, Funcart.in or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Funcart.in to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.
Funcart.in, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Funcart.in 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 Site; and/or any interruption or errors in the operation of the Site.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) 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. Funcart.in will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. 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 Site other than the search engine and search agents available from Funcart.in on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
MODIFICATION OF TERMS & CONDITIONS OF SERVICE
Funcart.in may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Funcart.in. You should regularly review the Terms & Conditions on Funcart.in. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Funcart.in with respect to the Funcart.in sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Funcart.in with respect to the Funcart.in sites/services. Funcart.in's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You also agree to receive TRAI approved transactional sms for your transaction done online. This would be an sms that would have your order number and price of the item. It would reach you once you complete the transaction. The format is set for all customers and is approved by TRAI as well as the various telecom service providers.
B-27 Soami Nagar South