All information, products and services displayed on the Sendmydiwali.com website
constitute an "invitation to offer". Your order for purchase constitutes your "offer"
which shall be subject to the terms and conditions as listed below. Sendmydiwali.com
website has the right to accept or reject your offer without assigning any reason
thereof.
In order to use the Sendmydiwali.com website belonging (The User) have accepted the
following terms and conditions given below. We (Sendmydiwali.com) reserve the right
to add, delete, alter or modify these terms and conditions at any time.
You (The User) are therefore advised to read carefully these terms and conditions
every time you use the Sendmydiwali.com
1. These terms and conditions cancel all previous agreements, representations or
understandings and shall prevail despite any variance with any other terms of any
order submitted. By using Sendmydiwali.com you agree to be bound by these Terms and
Conditions.
2. Sendmydiwali.com acts only as a facilitator to facilitate transactions between
you (the User) and vendors through its Sendmydiwali.com. Sendmydiwali.com, its directors,
officials, representatives and employees shall in no way be held responsible for
any losses, expenses, quality of products or services, damages and/or taxes incurred
by the Users in the use of the facility.
3. The services of Sendmydiwali.com are provided on an "as is" basis at the User’s
sole risk without warranties of any kind, whether express or implied. Sendmydiwali.com,
it’s proprietor, employees, agents, affiliates, consultants, contracted companies
make no warranties of any kind, whether expressed or implied, for the service it
is providing or as to the results that may be obtained from use of the service,
or as to the accuracy, reliability or content of any information, service, or merchandise
provided through this website. Sendmydiwali.com does not represent or warrant maintaining
the confidentiality of information, though our practice is to make reasonable efforts
to maintain such confidentiality. It is also clearly understood that all warranties,
implied or express, take place between the vendors and the User.
4. Sendmydiwali.com will not be responsible for any damage suffered by users from
use of the services on Sendmydiwali.com. This without limitation includes loss of
revenue or data resulting from delays, non-deliveries, missed deliveries, or service
interruptions as may occur because of any act / omission of the vendor. This disclaimer
of liability also applies to any damages or injury caused by any failure of performance,
negligence, defect, deletion, error, omission, interruption, delay in operation
or transmission, computer virus, communication line failure, theft or destruction
or unauthorized access to, alteration of, or use of record, whether for breach of
contract, tortuous behavior, or under any other cause of action.
5. Sendmydiwali.com Vendor Merchant Partners will take "Full Responsibility" of your
Order, if the Order has been shipped to any of the major cities, where they have
used "Private Courier Companies" (eg. TNT, Blue Dart, First Flight, AFL, DTDC, DHL
etc.) to ship your order.
Thus Sendmydiwali.com request you (the User) to make sure before placing their order
for Interior Locations / Country Side / Rural Area Addresses are serviced properly
by Indian Postal Service and if not, then we insist that they should not place their
orders for such locations to avoid dissatisfaction.
6. All products are checked, screened and assured by the vendors to ensure that
the products are of the standard, quality, design, composition, style or model that
they are representative of. Sendmydiwali.com is neither responsible nor liable in
any way or manner for this.
7. The prices and availability of products are subject to change without prior notice
at the sole discretion of Sendmydiwali.com.
8. Request for cancellations of orders once placed on Sendmydiwali.com shall not
be entertained.
9. Sendmydiwali.com reserves the right to refuse or cancel any order placed for a
product that is listed at an incorrect price or for any other reason. This shall
be regardless of whether the order has been confirmed and/or payment been received.
The payment shall be refunded and the User shall be informed of the same.
10. If a non-delivery or late delivery occurs due to a mistake by the User (i.e.
wrong or incomplete name or address or recipient not available) any extra cost spent
by Sendmydiwali.com for re-delivery shall be claimed from the User placing the order.
11. The User agrees to give accurate, authentic and true information. Sendmydiwali.com
reserves the right to confirm and validate the information and other details provided
by the User at any point of time. If any such User details are found not to be true
wholly or partly, Sendmydiwali.com has the right in its sole discretion to reject
the registration and debar the User from using the services of Sendmydiwali.com and
/ or other affiliated websites without prior intimation whatsoever.
12. Sendmydiwali.com will not be liable for any type or kind of credit card fraud.
The liability to use a card fraudulently will be on the user and the onus to 'prove
otherwise' shall be exclusively on the user. The User must exclusively use his/her
own card on the site.
13. Sendmydiwali.com shall not be liable for any delay/non-delivery of ordered goods
by the vendors (trade organizations, manufacturers / shops etc.), flood, fire, wars,
acts of God or any cause that is beyond the control of Sendmydiwali.com
14. The User agrees to use the services provided by Sendmydiwali.com, Sendmydiwali.com,
its affiliates, consultants and contracted companies, for lawful purposes only.
15. The User certifies that he/she is at least 18 (eighteen) years of age or has
the consent of a parent or legal guardian.
16. Sendmydiwali.com shall not entertain any complaints after 15 days, once the order
is delivered.
17. This agreement shall be construed in accordance with the applicable laws of
India. The Courts at Austin, Texas shall have exclusive jurisdiction in any proceedings
arising out of this agreement.