Terms & Conditions

Terms & Conditions – Effective from January 21, 2024

Interpretation and Definitions

Interpretation

Terms with initial capitalization have specific meanings defined under these conditions.
The subsequent definitions apply regardless of whether in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

Affiliate: An entity that controls, is controlled by, or is under common control with a party, where “control” denotes ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Company: Refers to “Gardenia Whispers”, located at “Renaisance Jagriti No 5/2A, Varthur main road, Ramagondanahalli, Bengaluru, Bengaluru Urban, Karnataka, 560066”
Country: Denotes India.
Goods: Refers to the items available for purchase on the Service.
Orders: Signify a request by You to purchase Goods from Us.
Service: Pertains to the Website.
Terms and Conditions: Also referred to as “Terms,” these encompass the entire agreement between You and the Company concerning the use of the Service.
Third-party Social Media Service: Encompasses any services or content provided by a third party that may be displayed, included, or made available by the Service.
Website: Refers to Gardenia Whispers, accessible from https://gardeniawhispers.com
You: Denotes the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement between You and the Company. They outline the rights and obligations of all users regarding the Service.

Accessing and using the Service is contingent upon Your acceptance of and compliance with these Terms and Conditions. They apply to all visitors, users, and others accessing or using the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, You may not access the Service.

Accessing and using the Service is also subject to Your acceptance of and compliance with the Privacy Policy of the Company. The Privacy Policy describes the Company’s policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website. It outlines Your privacy rights and how the law protects You. Please read the Privacy Policy carefully before using the Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order. This may include, without limitation, Your name, email, phone number, credit card number, credit card expiration date, billing address, and shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties to facilitate the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons, including but not limited to:

Goods Unavailability
Errors in the description or prices for Goods.
Errors in Your Order.
In the event that fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Your right to cancel an Order applies to Goods that are returned in the same condition as You received them. Include all product instructions, documents, and wrappings. Damaged Goods or those not in the same condition as You received them, or worn beyond opening the original packaging, will not be refunded. Take reasonable care of the purchased Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of Goods if:

The Goods were made to Your specifications or clearly personalized, which, due to their nature, are not suitable to be returned, or will deteriorate rapidly.
The Goods are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, which, after delivery, are inseparably mixed with other items.
If, after delivery, the Goods were inseparably mixed with other items.

Availability, Errors, and Inaccuracies

We regularly update Our offerings of Goods on the Service. Goods available may be mispriced, described inaccurately, or unavailable. We may experience delays in updating information regarding Goods on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Pricing Policy

The Company reserves the right to revise prices at any time before accepting an Order.

Prices quoted may be revised by the Company after accepting an Order in the event of circumstances affecting delivery beyond the Company’s control. In such cases, You will have the right to cancel Your Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various available methods, such as Visa, MasterCard, Affinity Card, American Express cards, or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. It also disclaims warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation, the Company provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply. But in such a case the exclusions and limitations set forth in these Terms shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of India, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter. Nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

If We have made these Terms and Conditions available to You in the Indian language, You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.