Terms and Conditions
Use of Site
Flying Berry grants you a limited license to access and make personal use of the site and the service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the site and the framing of any content available through the site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Flying Berry sole discretion) an unreasonable or disproportionately large load on Flying Berry infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Flying Berry to prevent or restrict access to the site. Any unauthorized use by you shall terminate the permission or license granted to you by Flying Berry.
The www.flyingberry.in service is not available to minors under the age of 18 or to any users suspended or removed from the system by Flying Berry for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your www.flyingberry.in account to another party. If you do not qualify, you may not use the www.flyingberry.in service or the site.
In consideration of your use of the site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in india. You also agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or flying berry has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, flying berry has the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof). If you use the site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify flying berry immediately of any unauthorized use of your account or any other breach of security. flying berry reserves the right to refuse service, terminate accounts, or remove or edit content at its sole discretion.
We strive to provide you with the best prices possible on products you buy from flying berry; however, flying berry does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice. While flying berry strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, flying berry may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. flying berry will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that flying berry accepts your order the same shall be debited to your account as may be applicable. The payment may be processed prior to flying berry, dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, an in-store credit shall be given to your registered account.
Purchases are shipped from our own warehouses. Our endeavour is to make the products reach you within 7 business days from receipt of payment. Order deliveries will be made by our own staff or third party courier or logistics companies usually between 9am – 5pm monday – friday, excluding public holidays. Products will need to be signed for upon delivery and acknowledgement shall be the conclusive evidence that the products are delivered. We take no responsibility for acknowledgement signed by an alternative person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorised by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order. We are not responsible for damage of products after delivery. If you believe that the product is not in good condition, or if the packaging is tampered with or damaged, before accepting delivery of the goods, please refuse to take delivery of the package, and send an email at email@example.com mentioning your order reference number. We shall make our best efforts to ensure that a replacement delivery is made to you at the earliest. Title and risk of loss for all products ordered by you shall pass on to you upon flying berry 's shipment to the shipping carrier.
Shipping and handling rates which are to be paid by the buyer/customer which may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments. flying berry 's logistics partner will make a maximum of three attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts, flying berry reserves the right to cancel the order(s) at its discretion and in store credit shall be given to the customer.
Cancellation by Flying Berry
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your account has been charged, an in store credit shall be given to your registered account.
Cancellations by the Customer
In case of requests for order cancellations, flying berry reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and in store credit shall be given to you. We will not be able to cancel orders that have already been processed. flying berry has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by flying berry and accept flying berry's decision regarding the cancellation.
Fraudulent / Declined Transactions
Flying berry reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the site fraudulently. Flying berry reserves the right to initiate legal proceedings against such persons for fraudulent use of the site and any other unlawful acts or omissions in breach of these terms and conditions.
Credit Card / Debit Card / Internet Banking Details
You agree, understand and confirm that the credit/debit/internet banking details provided by you for availing of services on Flying berry will be correct and accurate and you shall not use the personal details which is not lawfully owned by you. You further agree and undertake to provide the correct details to Flying berry. Further the said information will not be utilized and shared by Flying berry with any of the third parties unless required for fraud verifications or by law, regulation or court order. Flying berry will not be liable for any credit/debit card/internet banking fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
All the information on this website is published in good faith. Any action you take upon the information on our website is strictly at your own risk. We are not liable for any losses and damages in connection with the use of our website. We do not warrant that our products/website or its functioning or the content and material of the products/services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In force majeure events (acts of god), we shall not be responsible for the delivery of the products in time and we shall not be liable for any losses/damages caused to you with respect to the same. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
Disclaimer of Warranty
All content, products, and services on the site are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Other than as required under applicable consumer protection law, under no circumstance will Flying berry be liable for any loss or damage caused by a user's reliance on information obtained through the site, it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitation of Liability
Flying berry will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this contract by reason of any event or circumstance outside the reasonable control of Flying berry, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or act of god. You expressly understand and agree that Flying berry and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Flying berry has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
You agree to indemnify and hold Flying berry (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this terms & conditions, or your violation of any law or the rights of a third party.
When you use the site or send emails to Flying berry, you are communicating with Flying berry electronically. You consent to receive communications from Flying berry electronically. Flying berry will communicate with you by email, sms or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The site or third parties may provide links to other world wide web sites or resources. Because Flying berry has no control over such sites and resources, you acknowledge and agree that Flying berry is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Flying berry 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
Access to Password Protected / Secure Areas
Access to and use of password protected and/or secure areas of the site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the site may be subject to prosecution.
Modifications and Notification of Changes
The trademarks, logos and service marks ("marks") displayed on the site are the property of Flying berry and other respective persons. Users are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the world wide web without the written permission of Flying berry or such third party which may own the marks. All information and content including any software programs available on or through the site ("content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the site for commercial or public purposes.
Flying berry reserves the right to collect taxes for shipping charges wherever applicable.
Survival of Terms after Agreement Ends Notwithstanding any other provisions of this terms & conditions, or any general legal principles to the contrary, any provision of this terms & conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this terms & conditions.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Flying berry may offer special promotional offers which may or may not apply to your Flying berry account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Flying berry. This terms & conditions and the relationship between you and Flying berry will be governed by the laws as applicable in india. The failure of Flying berry to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Flying berry does not guarantee it will take action against all breaches of this terms & conditions. Except as otherwise, expressly provided in this terms & conditions, there shall be no third-party beneficiaries to this terms & conditions. This terms & conditions constitutes the entire agreement between you and Flying berry and governs your use of the site, superseding any prior agreements between you and Flying berry with respect to the site.
No cash refund shall be given in any case, including but not limited to the following:
(i) return of products in case of defective products/products not as per the original order.
(ii) non-processing of order due to technical errors.
(iii) cancellation of order.
In-store credit shall be given to the customer in above mentioned cases. In store credit means an amount shall be credited to the account of customer(excluding taxes and shipping charges), and the same shall be used by the customer for making their next online purchase on the website. If the customer does not have an account on the website, the same shall be created for getting the in store credit.
Once products are delivered to you and accepted as accurate and as per the original order, there is no refund or exchange possible.