Terms & Conditions

 

 

General Terms & Conditions

Welcome to Magdalena, an online shopping portal provided by Magdalena.  The terms and conditions contained herein alongwith the Privacy Policy an Agreement regulating our relationship with regard to the use of www.magdalenacupcakes.com by you. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this shopping portal. You can use  www.magdalenacupcakes.com  Shopping Services if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and Magdalena.(for shopping on www.magdalenacupcakes.com  ).

Definitions: 
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced time to time. www.magdalenacupcakes.com  or the “Site” means the online shopping portal owned and operated by Magdalena., which provides a plat to the shoppers to buy the products listed on site. 
"Vendor"/"Seller"/”Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on www.magdalenacupcakes.com 
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on site by placing an order for and or purchases any products offered for sale on the site. 
"User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Site. 

Eligibility: 
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.


Term of Agreement/Service :
This Agreement shall continue to be in full force and effect for so long as you are using the site. The site provides the online shopping plat wherein the Users can purchase/buy the products and services listed on it pursuant to the terms and conditions set forth below. By clicking on the [Close] button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Either you or Magdalena may terminate the agreement at any time, with or without cause. However, Magdalena reserves the right, in its sole discretion, to terminate your access to the products and services offered on the site or any portion thereof at any time, without notice.


Modification of Terms and Conditions :
Magdalena may at any time modify the terms and conditions contained on the Site without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the modified Terms and Conditions.


Registration Details :
To use the Site you will have to register with Magdalena. As a part of registration process you agree to provide Magdalena, your current, complete, and accurate registration ination (the "Registration Details”) and to maintain and to update this ination as required to keep it current, complete and accurate.
If you provide any ination that is untrue, inaccurate, not current or incomplete or if Magdalena has reasonable grounds to suspect that such ination is untrue, inaccurate, not current or incomplete, Magdalena has a right to indefinitely suspend or terminate your membership and refuse to provide you with access to its Site.
You shall be responsible for maintaining the confidentiality of your password, which you will not be under any obligation to reveal to any representative or agent of Magdalena.
You agree and grant Magdalena a right to use your individual Registration Details for sending advertisements and other offers.
You shall notify order@magdadlenacupcakes.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.


Online Shopping Platform : 
You further agree and undertake 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.
Magdalena 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, Magdalena 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 Site 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. 
"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time".

Credit card details:
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to Magdalena.

Magdalena Discount Coupon:

  • Discount coupon can be redeemed or availed only on www.magdalenaupcakes.comDiscount coupon can be used to purchase all products avaialble at www.magdalenaupcakes.com except E-Vouchers and Gift Vouchers.
  • Only one coupon is applicable for an order and it cannot be clubbed with any other offers.
  • Discount is available only on the product price and it is not applicable for shipping/delivery charges.
  • Delivery Charges: 

i) Rs. 200 for delivery of a product on or after 24 hours of delivery from the order date in Mumbai.                         
 

                  
 

Suspension due to non-compliance with Agreement :
Notwithstanding other legal remedies that may be available to Magdalena may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site,

  • If the User is in breach any of the terms and conditions of this Agreement;
  • If the User has provided wrong, inaccurate, incomplete or incorrect ination;
  • If your actions may cause any harm, damage or loss to the other Users or Magdalena.

Illegal and/or unauthorized use of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Indemnity
User agrees to defend, indemnify and hold harmless Magdalena,ww.magdalenacupcakes.com  , its employees, directors, officers, agents and their successors and assigns 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 the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement 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 Agreement.

Governing Law and Jurisdiction:  
This website is created and controlled by Magdalena in Mumbai, India and the laws of India shall apply. This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in all disputes arising out of or relating to the use of the Magdalena Sites. Use of the Magdalena Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Magdalena, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Magdalena Site.

Copyright : 
Unless otherwise indicated, all content on this site, including text, graphics, images, and logos, is the property of Magdalena or its content suppliers and is protected by International copyright laws and regulations.
In addition, Magdalena owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site's content. Except as expressly provided herein, Magdalena does not grant any express or implied right to you. Magdalena actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this site are Copyright (c) Magdalena , All rights reserved. 

Trademarks :
Magdalena and other names, graphics, logos, and icons identifying Magdalena or its products or services are the proprietary marks of Magdalena. These trademarks may not be used in connection with any product or service that is not offered by Magdalena, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Magdalena. All other trademarks not owned by Magdalena that appear on this site are the property of their respective owners.

Entire Agreement : 
These Terms and Conditions, together with privacy policy, and other rules and policies posted on the site, which are hereby incorporated as set forth fully in these Terms and Conditions, constitute the entire agreement between you and Magdalena with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Magdalena with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

Submissions :
Magdalena welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, ination, or any other content you contribute to Magdalena or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Magdalena to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by Magdalena will not infringe upon or violate the rights of any third party. 

General :
In the event that any provision contained in these Terms and Conditions is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of these Terms and Conditions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Magdalena as a result of these Terms and Conditions or your use of this site. The waiver by Magdalena of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.

Important Notice to Webmasters :
Regarding the use of trademarked names in meta tags and/or hidden text, we have a no-tolerance policy. The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page text, meta tags, and/or hidden text for purposes of gaining higher rankings search engines is unfair competition. 
Linking to any Magdalena web page is prohibited absent express written permission Magdalena. Framing the Magdalena website with links, advertisements and/or other ination not originating the Magdalena website is expressly prohibited.

Shipping Policy :

1.     We CANNOT commit any fix time for delivery. Deliveries will be made between 12 noon to 8 pm on the given date.

2.     Same Day Delivery option is available only for Mumbai Town locations and order received till 3 pm will be delivered till 9 pm.

3.     Mid-night Delivery will be made between 11.30 pm to 12.30 am on mentioned / asked delivery date (not yet started).

4.     Products categorised in Premium

5.      Cakes are delivered by courier. We try our best to deliver these product on the delivery day. However, in unavoidable circumstances or wrong pin code these products may reach before or after delivery date mentioned.

6.     The delivery will NOT be redirected / redelivered to any other address in any circumstance.

7.     The selected product will be delivered only in the city it is mentioned as “available” on this Site.

8.     We will attempt delivery of the items ONCE. Incase the delivery is not executed during the attempt, the customer shall still be charged for the order and no redelivery will be possible. We will consider the order as “executed” in the following cases :

o    Delivery not done due to wrong address.

o    Recipient not available.

o    Premises locked.

o    Wrong phone or Cell or Extension number/ not working / no reply or not connecting / reachable and delivery is not done.

o    Recipient refused the products.

o    Delivered the product at the Gate / Reception / Neighbour.

9.     Please note that Cakes,  perishable products are sourced locally at the delivery location & will be hand delivered.

10.   No Deliveries on prescribed holidays.

11.   The image displayed on the site are indicative in nature. Actual product may vary in appearance, shape or design as per the availability.

12.   We reserve the right to substitute the products with equal or higher value in case of non availability of the desired product.

13.   In case of floods / Heavy Rains / National Bandh we reserve the right to reschedule the delivery for another date.

14.   No change in instructions can be entertained after placing the order.

15.   Orders once placed cannot be cancelled.

16.   In case the product is not delivered due to any of the above reasons, the update will be available on the website and the same can be collected the delivering Magdalena Office only on the same, details of which are available with our customer support team.

17.   We will not entertain any complaint for any product after 3 hours the time of delivery.

18.   Proof of delivery will be provided in case of any dispute in delivery.

19.   For traded commodities, respective brand owners will be responsible for the quality of product.

20.   No Complimentary product will be given with any of the placed order. 

21.   If the products are in outskirts of serviceable area it will take more than 48 hrs delivery time.

22.   Offers are valid till stock last. We shall deliver the product as per the delivery mode specified.

23.   No modification is possible once the date is specified.