Terms of Use

Cadbury India
Seller’s Note

These terms of use is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes. These terms of use do not require any physical, electronic or digital signature.

These terms of use are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the website by any person.

The domain name www.cadburygifting.in on the website and mobile application (hereinafter referred to as "Website") is owned by Mondelez India Foods Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at Unit 2001, 20 th Floor, Tower 3 (Wing-C), Indiabulls Finance Centre, Parel, Mumbai- 400 013, India (hereinafter referred to as "Mondelez").

Membership Eligibility

Use of the Website is permitted only to persons who are capable of forming legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on Website, such use or transaction may be made by Your legal guardian or parents on the Website. Mondelez reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Mondelez’s notice or if it is discovered that You are under the age of 18 years.

Promotional Venture

You agree, understand and acknowledge that the Website is promotional venture for Mondelez to promote and market its products and enable customers like You to reach out to registered sellers from whom You can purchase products listed on the Website at the price indicated therein at any time from any location within the territory of India. You further agree and acknowledge that Mondelez cannot be a party to or control in any manner any transactions that may be entered into by You with such authorized sellers. You agree and acknowledge that all transactions for sale and purchase of products shall be transactions undertaken between You and such registered sellers, and governed by the terms and conditions imposed by such registered sellers, available at Seller T&C (“Seller T&C”).

Henceforward
  • All commercial/contractual terms are offered by and agreed to between You and the registered sellers alone and detailed in the Seller T&C. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and after sales services related to the products. Mondelez does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between You and the registered sellers. All discounts, offers (including exchange offers) are by the registered sellers and not by Mondelez.
  • Terms with regard to placement of any order of the products with a registered seller, acceptance of such order, terms of delivery etc. shall governed by the Seller T&C. Any enquiry placed by you, or selection of products for an intended purchase with a registered seller on our Website does not constitute a contract between us, and Mondelez shall in no way be connected with the booking or acceptance of the orders, which shall solely be between You and the registered seller.
  • All enquiries raised by You on the Website or any product selection by You on the Website along with the information provided by You on the Website will be communicated to the registered sellers. On placing of an enquiry or an order from You will be contacted by the registered seller either by email or by telephone and You can proceed to place Your order with the registered seller on such terms and conditions as agreed between You and the registered Seller. On making production selection on the Website for an intended purchase, You will be directed to the Seller’s payment gateway, where You can transact and complete your order with the registered seller on terms as agreed with the registered seller.
Disclaimer: You agree, understand and acknowledge that the Website is promotional venture for Mondelez to promote and market its products and enable customers like You to reach out to registered sellers from whom You can purchase products listed on the Website at the price indicated therein at any time from any location within the territory of India. You further agree and acknowledge that Mondelez cannot be a party to or control in any manner any transactions that may be entered into by You with such authorized sellers. You agree and acknowledge that all transactions for sale and purchase of products shall be transactions undertaken between You and such registered sellers, and governed by the terms and conditions imposed by such registered sellers, available at Seller T&C (“Seller T&C”).

‘SELLER’ herein means PRESTIGE PURSUITS PVT LTD, having its registered office at 28, Basant Lok, 2nd & 3rd Floor, Vasant Vihar, New Delhi- 110057. BUYER’ herein means any person, party, association, firm, limited company, corporation, etc., who make an offer to the Seller to purchase the products.

Order of Goods

All orders placed by the Buyer shall be in writing and subject to the Seller’s acceptance via a confirmation email. The Invoice will be raised on the Buyer against the order placed and goods supplied in terms of the said order. The Seller shall however be at the liberty to accept or refuse any order in full or part without assigning any reasons whatsoever. In case of any further assistance or enquiries please contact us, kindly write to us at contactus.mdlz@prestigepursuits.com with your order number & concerns.

Price

Price prevailing on the date of placement of orders on the web-site shall be applicable for generation of purchase order/ delivery order/ contract/ advance payment for the supplies that have been accepted/ issued. The Seller reserves the right to revise the price on the web-site without any prior intimation or advance, further notice to the Buyer or without assigning any reason therefore. The prices listed for all the products are final and all-inclusive charges, other than with respect to delivery charges or Customization or Personalization charges. These charges may be added on orders basis the Buyers selection and preferences at the time of placement of orders.

Examination

The Buyer should check the price, quantity and calculations made in the invoice thoroughly. In case of any discrepancy the same should immediately be brought to the notice of the seller within 24hrs. Post which these will be assumed as accepted and non-reversable or refundable.

Intimation of Short Receipt/ Damage:

The weight or quantity recorded by the Seller in their dispatch documents shall be the basis for Invoicing and Payment. In case of short receipt/damage receipt Buyer shall forthwith intimate in writing. In the unlikely event that your products are damaged in transit, please contact us within 24 hours. kindly write to us at contactus.mdlz@prestigepursuits.com with your order number & concerns, issue and digital photograph of received / damaged goods for us to assess and verify its packaging/condition, and we will arrange for a replacement or Refunds will be processed. The decision of the Seller will be final.

Applicable Taxes

Any Taxes, Cess or Duties levied by Central, State, Local or any other authority now in force or hereafter be imposed on the sale transportation or supply/delivery of the goods is included in the pricing mentioned on the web-site. The prices indicated on the Website are inclusive of all Taxes including GST (Goods and Services Tax). GST is a single tax leviable on the supply of goods and services that is levied on every value addition (through production and services) and is added to a product& sale price. GST on the products will be required to be borne and paid by the customer.

Quality of Goods

The goods supplied shall be as per the specifications/quality prescribed by the Brand. For this purpose, the Brand’s laboratory record/ certificate of quality shall be the basis.

Return of Goods

Goods once sold will not be taken back..

Insurance

All arrangements for Transit Insurance and all liability for transit losses shall be decided on a case to case basis and as mutually agreed to between the parties.

Delivery

The delivery of the goods shall be made by the Seller at the address as notified by the Buyer. In event of the change of address, the Buyer shall intimate the same to the Seller. The Buyer shall make all arrangements to take delivery of the goods on the dates informed by the Seller. In-case of non-availability of the Buyer, Seller’s Courier / Logistic partner will reattempt the delivery only 1 time, post which un received order will be RTS (Returned to Seller). Cost of Logistics to re-service such shipments will be additionally charged to the Buyer with regards to logistics & handling costs. For Bulk Orders (For Corporate Customers): We currently delivers 3 Lac +pin Codes across India. Delivery timelines may vary depending on locations, size of orders and customization requirements. For Single Orders (Non Corporate Customers): We currently delivers across Mumbai, Delhi, Noida, Gurgaon, Chandigarh, Ahmedabad, Chennai, Bangalore, Hyderabad, Mysore and Kolkata. Delivery timelines may vary depending on locations, size of orders and customization requirements. For Pricing & further details on Bulk Shipping Charges, please get in touch with our Customer Support team on contactus.mdlz@prestigepursuits.com.

Payment

The payment should be made only by crossed Cheques/ Bank Drafts in favour of PRESTIGE PURSUITS PVT LTD on any of the Scheduled Banks or any other mode as may be agreed through normal banking channels. Payments on the web-site can be made through our registered payment gateway. In no event any cash payment is to be made against this invoice. In case any cash payment is to be made against this Invoice by the Buyer or any person/party on its behalf to the Company or any of its employee/person the same will not be treated as valid payment in discharge of this Invoice and the Buyer / person would be doing so at its own risk and consequence. The Buyer shall not for any reason suspend payment or make any deduction by the way of set-off. In case any amount is withheld or sought to be set-off/adjusted unless specifically agreed in writing by Authorized Officer of the Company such withholding/ set-off will not be accepted as valid discharge of the payment. Refund will be done in the same mode as the payment is made by the buyer

Default

Failure to make payment on due date will attract overdue interest @12% per annum OR such other rates as may be revised from time to time by the Seller shall be payable for any period of delay. Payments are subject to realization.

Delay in Delivery

The Seller will not be responsible for any delay in delivery beyond its own control, but will do its utmost to ensure speedy delivery.

Unauthorized acceptance of Goods

Any unauthorized party taking delivery of the goods mentioned herein will be criminally prosecuted and held liable for costs and charges incurred thereon.

Lien on Goods

The Seller shall have lien on the goods delivered/supplied as to the unpaid as the purchase price of the goods and the Seller shall be entitled to exercise the said lien to recover the unpaid purchase price by taking back the goods and shall be entitled to sell the same to some other Buyer and adjust the sum so realized against the unpaid purchase price without prejudice to Seller’s other rights and remedies to recover the outstanding dues or other dues.

Warranty of Goods

All products are guaranteed to be up to standard. Any warranties of condition, statutory or otherwise, as to quality of fitness for any purpose is excluded. No claims will be recognized unless notified in writing within 48 hours after receipt of goods. The Seller reserves the right to deal with such goods in the best possible manner. The decision of the Seller will be final.

Severability

If any provision of this contract is found by anybody of competent jurisdiction to be wholly or partly illegal, invalid, unenforceable or unreasonable, it shall to the extent of such illegality, invalidity, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provisions shall continue in full force and effect.

Governing Law

Indian Law shall govern the Contract. Any dispute arising out of or in connection with the Contract shall be subject to the non-exclusive jurisdiction of the Indian Courts.

Jurisdiction

This sale for purpose of Legal Jurisdiction shall be deemed to have been concluded only at Delhi and only the Courts of Delhi shall be competent to try all cases/suits arising out of the sale.

Performance of Products

For best results, you may seek assistance of our sales representatives. All recommendations are based on in-house tests and information believed to be reliable. The performance of the products is subject to handling and /or manner of use. We shall not be liable for any damage arising out of improper use and /or handling resulting from their use. No representative of ours has any authority to waive or change this provision.

Variation in Terms & Conditions

Any variation in these terms and conditions (including special terms and conditions) shall be inapplicable unless agreed upon in writing by the Seller.