Terms of service

1. GENERAL

1.1. These terms of offer for sale ("Supply Terms") apply to products and services purchased via www.orchid-tree.com (“the Website”) which is a website owned and operated by ENTICING FLOWERS PRIVATE LIMITED, a company incorporated under the Companies Act, 1956, and also a “company” under the Companies Act, 2013 ("Company" or "Enticing Flowers" or "We" or "Us" and its successors and assigns). Under these Supply Terms, the users of the website will be referred to as ("You" or "Your" or "Yourself" or "User" or “Customers”).

1.2. PLEASE READ THESE SUPPLY TERMS CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE SUPPLY TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IN ADDITION TO THE FOREGOING, YOU SHALL ALSO BE BOUND BY THE TERMS OF USE OF THE WEBSITE OR ADDITIONAL TERMS WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY ("ADDITIONAL TERMS"). IF THERE IS ANY CONFLICT BETWEEN THE SUPPLY TERMS AND THE ADDITIONAL TERMS, THE ADDITIONAL TERMS SHALL TAKE PRECEDENCE IN RELATION TO THAT SALE TO THE EXTENT OF SUCH CONFLICT.

1.3. IF YOU DO NOT AGREE WITH THE SUPPLY TERMS, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.

2. BUSINESS

2.1. The Website is a platform for online sale of plants and merchandise (collectively called “Products” and “Living Products” in the case of plants and “Non Living Products” in the case of merchandise) and allied services ("Services") offered by Enticing Flowers and the purchase of Products and Service by you. For point of clarity, the Products and Services are manufactured and sold, under the brand “Enticing Flowers”, which is owned by Enticing Flowers. Enticing Flowers also delivers the Products to You directly or through its authorized partner.

2.2. Enticing Flowers has the right to change or discontinue any Products and Service at any time, without notice. Enticing Flowers may add or modify the procedures, modes, processes or conditions of purchase at any time. Enticing Flowers shall not be liable to You or to any third party for any modification, suspension or discontinuance of any Product or any aspect of the Services.

3. PRODUCTS AND SERVICES
3.1. Enticing Flowers sells a variety of Products. Services, such as shipping, in relation to the Products, shall be per the Enticing Flowers's policy, which may be changed by Enticing Flowers from time to time.

4. SERVICES

4.1. You should take all responsibility for Your own actions in utilizing the Products and Service and the Website in relation to the Services availed or purchased by You and Enticing Flowers shall not be liable for any such action or consequence thereof.

4.2. You represent that You are of legal age to form a binding contract and are not a person barred from purchasing Products or receiving Services under the laws as applicable in India.
5. PRICING INFORMATION

5.1. The Pricing Information relating to the Product shall be as displayed on the Website and as disclosed to You at the time of Your purchase/order.

5.2. Enticing Flowers does not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.

5.3. While Enticing Flowers strives to provide accurate information relating to Products and Services including pricing information, but typographical and other errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information due to an error, Enticing Flowers will have the right to modify the price of the Product or Services and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Enticing Flowers cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.

5.4. All vouchers which are equivalent to cash can be used during sale period- Customer referral codes and vouchers, Large Cart Vouchers, any replacement/gift vouchers customers might have received. Enticing Flowers reserves the right to change the discounts offered at any time during the sale and without prior notice.

6. CREDIT CARD DETAILS

You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard, You agree to provide valid, correct and accurate credit/debit card details to the approved payment gateways for purchasing Products or availing Services on the Website. You shall not use the credit/debit card that is not lawfully owned by You. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/debit card details. Enticing Flowers expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card.

7. DELIVERY OF THE PRODUCT

7.1. Your shipping address and pin code will be verified for serviceability with the database of Enticing Flowers before You proceed to pay for Your purchase. If Your order is not serviceable by representatives of Enticing Flowers or the area/pin code is not covered, we will request You to provide us with an alternate shipping address which we expect to have within Enticing Flowers’s serviceable area. If there is any dispute regarding the shipment of the Product or delivery of Services for the area not covered by Enticing Flowers, Enticing Flowers will not be responsible for the non-delivery of the Product or Services. You can make purchases on the website from anywhere in the world but the shipping address must be in an area serviceable by us.

7.2. In case You book multiple orders for the Products and Services in one transaction, efforts will be made to ship all Products together. However, this may not always be possible. Enticing Flowers usually delivers accessories and other merchandise through cheaper shipping alternatives unless a faster shipping option is selected by You.

8. CANCELLATIONS, RETURNS AND REFUNDS

CANCELLATIONS: -

8.1. Cancellation prior to delivery - You can cancel your order for any Product at any time prior to your order being shipped from the facilities of Enticing Flowers. Orders are shipped the same day or next day, depending on the volume of orders. For cancellation requests please get in touch with Us on our customer care number or write to Us at info@orchid-tree.com. For cancellations made before order dispatch, any amounts paid will be refunded as per Enticing Flowers’s refunds policy.

8.2. Cancellation at the time of delivery – Enticing Flowers does not accept cancellation at the time of delivery.

8.3. Cancellation after delivery - Products once delivered, cannot be canceled.

8.4. Cancellation of Services after delivery– For Products delivered, Services cannot be canceled.

8.5. Products bought on discount during the sale are not eligible for any cancellations.

8.6. In case, You receive a damaged Product, please contact our customer care number or write to Us at info@orchid-tree.com. Damage or defect will be assessed based on the photographs provided by you in 1-2 days and a solution may be offered. If in the opinion of Enticing Flowers the Product is defective, the Product may be replaced or any other corrective measure may be taken, as deemed appropriate by the representative of Enticing Flowers, to address the issue. However, if in the opinion of Enticing Flowers there is no defect in the Product, Enticing Flowers shall return the same Product back to You and no further action will be taken. Enticing Flowers shall have the sole right to determine whether a Product is defective or not.

RETURNS OR REPLACEMENTS: -
8.7. If you happen to receive a damaged or defective Non Living Product, or if the product does not match the description provided on www.orchid-tree.com You can return it to Enticing Flowers, but no claim regarding quality, quantity or description of the Products supplied shall be accepted by Us unless You notify us with details of any deficiencies within 24 hours of receipt/purchase of the Products. You will need to send an image of the Product by email for claiming that the product is damaged or is not meeting the description. The Product should be returned in its actual condition at the time of delivery. The original item will be recalled then and the exchange will be shipped to you sooner or a credit note/voucher code will be raised.

8.8. If you happen to receive a damaged or defective Living Product, or if the product does not match the description provided on www.orchid-tree.com You can return it to Enticing Flowers, but no claim regarding quality, quantity or description of the Products supplied shall be accepted by Us unless You notify us with details of any deficiencies within 24 hours of receipt/purchase of the Products. You recognize that Living Products may be degraded, damaged, or killed by heat, cold, lack of water, exposure to direct harsh sunlight or chemical, improper handling or careless transportation and recognizes that after delivery all these factors are beyond the Company's control. You will need to send an image of the Product by email for claiming that the product is damaged or is not meeting the description. The Product should be returned in its actual condition at the time of delivery. The original item will be recalled then and the exchange will be shipped to you sooner or a credit note will be raised. No requests for return will be accepted post 24 hours of delivery.

REFUNDS: -
8.9. If You are eligible for a refund or a promotional code (as the case may be), the same shall be given to You as per the following guidelines:

a) All refunds process initiation shall be subject to return of all cancelled items from Your/customer's premises.
b) The refund amount for the orders paid online or paid via credit/debit card at the time of delivery will be refunded within 7-10 working days from the date of initiating the refund through the online account, or will be refunded to the same card, depending on the most suitable circumstances as determined by Enticing Flowers after deducting a 5% fee towards payment gateway charges.
c) The refund vide a promotional code, for the orders paid online will be provided to you within 7-10 working days through hard copy or e-mail depending on the most suitable circumstances as determined by Enticing Flowers.
e) A promotional code once used shall not be re-activated in case of cancellation of the order, either by the customer or by Enticing Flowers.

9. Shipping And Delivery

9.1. All products are carefully packed and shipped to avoid any form of damage through the logistic partners mentioned on the Website. Products will be shipped once the requested product is in stock with the Company.

9.2. The arrival of orders depends upon Your location and the carrier; the normal estimated time of delivery is within 3-4 working days for all domestic orders. If the order is not received within 3-4 working days, You should immediately contact Us by emailing at info@orchid-tree.com to track your order and help you trace the order in case of delay in transit.

9.3. Shipping charges are based on the actual weight or volumetric weight whichever is higher. Shipping charges include the cost to ship with tracking numbers and cost to box and pack and the carrier charge for truck and fuel. Enticing Flowers absorbs routine extra fees when they occur and the charge for shipping quoted in the shopping cart is the charge you will pay regardless. The prices on Website are subject to price fluctuations, due to various factors. Once an order is placed by you, you will be liable to pay such amount as was displayed on the date of the order and the invoice.

10. Warranties and Claims.
Please note the standard warranties and the conditions for usage of the products in relation to each Product. No claim (a) that is contrary to the above or (b) where Products have been used contrary to the conditions of usage; will be entertained.

11. Indemnification and Limitation of Liability

11.1. You agree to indemnify, defend and hold harmless Enticing Flowers from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Enticing Flowers that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms or any Additional Terms applicable to the purchase of Products and/or Services.

11.2. In no event shall Enticing Flowers, its officers, directors, employees or partners be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Enticing Flowers has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Enticing Flowers's entire liability to You under this Terms of Offer For Sale or otherwise shall be limited to the refund of the moneys paid by You, for any Product or Service in connection with r which the claim has arisen, which amount shall be refunded You.

12. Governing Law

12.1. These Supply Terms and the relationship between You and Enticing Flowers
shall be governed in accordance with the laws of India without reference to
conflict of laws principles.

12.2. All claims, differences and disputes arising under or in connection with or in relation to these Supply Terms or any transactions entered into on or through the Website or the relationship between You and Enticing Flowers shall be subject to the exclusive jurisdiction of the courts at Bangalore Urban District and You hereby accede to and accept the jurisdiction of such courts.