Terms of Use

All our food is made with real ingredients and absolutely no nasties.

These terms of use (“Terms of Use”) mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”) access and register on the website www.q49.in operated and managed by Q49 Home Foods P Ltd, collectively referred to as, “the Platform”. Please read the Terms of Use and Privacy Policy carefully before using or registering on the Platform or accessing any material, information through the Platform.

By clicking on the “I accept” button provided below, you accept this Terms of Use and Privacy Policy and agree to be legally bound by the same. The Platform acts as a mere facilitator between the sellers registered on the Platform (“Seller”) and buyers purchasing or interested in purchasing the products sold under the brand name/trademarks of Gourmet by Renu available for sale on the Platform (“Products”).

Manufacturer Name & Address:

Xxxxxxxxxxx, xxxxxxxxx, xxxxxxx

(Q49HF) retains an unconditional right to modify or amend this Terms of Use without any requirement to notify you of the same. You can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify your consent to such changes and agreement to be legally bound by the same.

1. Eligibility to Use Services

This Platform are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by (Q49HF) for any reason whatsoever. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services from the Platform under the applicable laws. (Q49HF) reserves the right to refuse access to the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

User Account, Password, and Security In order to purchase the Products on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account (“Account”). You shall ensure and confirm that the Account information provided by you is complete, accurate and up-to-date. If there is any change in the Account information, you shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if (Q49HF) has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, (Q49HF) has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that (Q49HF) may have against You at law or in equity, for any misrepresentation of information provided by You. You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to,

Immediately notify (Q49HF) of any unauthorized use of Your Account information or any other breach of security, and
Ensure that you exit from Your Account at the end of each session.

(Q49HF) cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for losses incurred by (Q49HF) or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for shopping on the Platform is expressly prohibited.

2. Payment Services

All payments in respect of the Products shall be made to (Q49HF) through the Platform. To the extent permitted by applicable law and subject to (Q49HF)’s Privacy Policy, you acknowledge and agree that (Q49HF) may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information. In order to make payments online, you undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that:

You are legally authorized to provide such Payment Details;
You are legally authorized to perform payments using such Payment Details; and
Such action does not violate the terms and conditions applicable to your use of such Payment Details or applicable law.

You agree that you are responsible for any fees charged by your mobile carrier in connection with your use of the payment services through your mobile. (Q49HF) shall use the Payment Details as described in (Q49HF)’s Privacy Policy. You may add, delete, and edit the Payment Details you have provided from time to time through the Platform.

The payment receipt for completion of a transaction shall be made available on the Platform and also sent to your email address. Except to the extent otherwise required by applicable law, (Q49HF) is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, (Q49HF) is not liable for any payments that do not complete because:

Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided;
You have not provided (Q49HF) with correct Payment Details;
Your payment card has expired; or
Circumstances beyond (Q49HF)’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

The Platform shall not be responsible for any unauthorized transactions conducted on our Platform using your payment card or internet banking. The Platform shall not be obligated to refund any money to you in such instances. All information that is collected at the time of payment, like card details, names; passwords etc. are encrypted using Secure Socket Layer (SSL) coding. The terms mentioned in this section are also mentioned under “Billing Terms and Conditions”.

3. Pricing

The price of the Products displayed on the Platform shall be either equal to or less than the Maximum Retail Price (MRP) printed on such Products.. If no such Maximum Retail Price (MRP) is printed on such Products then such Products shall be sold at such price as may be determined by the Seller. Any order/booking made for a Product through the Platform may be subject to additional terms and conditions (including offers, discount and sales schemes/ campaigns offered from time to time, delivery charges) mentioned therein, which you are presumed to have read and accepted at the time of placing the order/booking.

4. Shipping of Products

Orders placed by you on the Platform are typically processed within 2 working days from the date of purchase. The Products ordered will be delivered to you within 2-3 working days. At times when we are experiencing high volume of orders, shipments may get delayed by a few days, in which case, You will be intimated by email or telephone call (on the details shared by you at the time of placing Your order/registering on the Platform). Once your order is dispatched, you will receive an e-mail or SMS updating you with the details of the time and progress of the delivery. On the date of delivery, the person delivering the Product will reach out to you (on the number shared by you at the time of placing your order/registering on the Platform) to confirm your presence to receive the Order. You are requested to be available on the date of delivery since the Products will either be hand delivered to you or to someone appointed by you to collect the order on your behalf. In case of appointment of someone to collect the Order, please select the option for the same while placing your order on the Platform.

All deliveries sent to residential or commercial spaces require a receipt signature for authentication. We take no responsibility for shipment receipt signed by an alternative person other than the person ordering the Product or someone appointed by you to receive the order at the delivery address. Maximum of 3 attempts will be made on the date of delivery to deliver the Product at the address indicated as the delivery point, at the time of placing the order post which the order will be cancelled and no refund will be given. We do not take responsibility for an incorrect address that was provided at the time of placing the order. In case of an incorrect address, the product will be returned by the rider and no refund will be given to the customer.

All claims for damages must be reported to customer service through an email at: (Q49HF) cares@(Q49HF) .in within 24 hours of order delivery. For each order, a shipment charge will have to be paid by the customer. The exact shipment charges for the order will be shown to the customer at the order checkout page. As soon as the customer receives the product, the customer should store it under the storage conditions mentioned on the back of the pack. No replacement or refunds will be done for any quality loss or damages if the product is not stored in the storage conditions mentioned at the back of the pack.

5. Cancellation, Returns and Exchange

An order placed and confirmed cannot be cancelled you are entitled to a 100% replacement of order in case you received something else than what you ordered or your order reached you in a distorted manner. If your order includes multiple items, partial replacement of the required items is also possible. If purchase of the Product is made under a special promotional offer or any special scheme, special rules shall apply for replacement. Replacement process must be initiated within 24 hours from the time of receipt of order by the User. The Product must be in an unused state before seeking a for a replacement and should be accompanied by a copy of the original receipt or invoice issued at the time of sale of the Product. Any request for replacement will be accepted only after inspection of the Product. Once the replacement request is placed with the customer service, the logistics partner will arrange for a pickup of the Product from the address provided at the time of placing the order within 3 working days. Once the Product is received, it takes about 1 working day for inspection team to confirm on the replacement. On confirmation of the genuine need for replacement of the Product, we shall replace the desired Product with the User in 3 working days. At every step of the replacement process, we shall keep you updated through emails and/or SMS. However, if you have any queries before, during or after the replacement is completed, feel free to contact us at: (Q49HF) cares@(Q49HF) .in .The terms mentioned in this section are also mentioned under “Refund Cancellation, Returns and Exchange Policy”.

6. Use of Platform

Subject to compliance with the Terms of Use, (Q49HF) grants you a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only:

For purposes that are permitted by the Terms of Use; and
In accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by (Q49HF) /other Users.

You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by (Q49HF) . You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that you may consider offensive, indecent or otherwise objectionable.

(Q49HF) disclaims all liabilities arising in relation to such offensive content on the Platform. Further, You undertake not to: defame, abuse, harass, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from (Q49HF) ; conduct or forward surveys, contests, pyramid schemes or chain letters; upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer; engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform); attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or through the Platform, by hacking, password mining or any other illegitimate means; probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform; disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section; use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform; use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of (Q49HF) or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality; violate the Terms of Use contained herein or elsewhere; and reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform. Except as expressly indicated herein, (Q49HF) hereby grants You a non-exclusive, freely revocable (upon notice from (Q49HF) ), non-transferable access to view any content available on the Platform, subject to the following conditions: You may access the content solely for personal, informational, and internal purposes, in accordance with the Terms of Use; You may not modify or alter the content available on the Platform; You may not distribute or sell, rent, lease, license or otherwise make any content on the Platform available to others; and You may not remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.

7. Intellectual Property Rights

The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by (Q49HF) and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of (Q49HF) or Sellers or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of (Q49HF) , (Q49HF) or the Sellers, or the third party that may own the Marks.

8. Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law: the Platform, Products and other Content are provided by (Q49HF) on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, (Q49HF) makes no warranty that

The Platform or Products will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free;
The results that may be obtained from the use of the Platform will be effective, accurate or reliable;
The quality of the Platform and the Products sold therein will meet your expectations; or
Any errors or defects in the Platform will be corrected.

No advice or information, whether oral or written, obtained by you from (Q49HF) shall create any warranty not expressly stated in the Terms of Use. (Q49HF) will have no liability related to any user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. (Q49HF) also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content. (Q49HF) will not be liable for any loss that you may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without your knowledge. (Q49HF) has endeavored to ensure that all the information on the Platform is correct, but (Q49HF) neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Products or otherwise. (Q49HF) shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, (Q49HF) shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond (Q49HF) ‘s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

9. Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless (Q49HF) and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnities”) 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 the Indemnities that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold the Indemnities harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights. In no event shall (Q49HF) and its officers, partners, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

10. Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to (Q49HF) and/or (Q49HF) , as the case may be, for which monetary damages would be inadequate, and You consent to (Q49HF) and/or (Q49HF) obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that (Q49HF) and/or (Q49HF) obtaining may have at law or in equity. If (Q49HF) and/or (Q49HF) take any legal action against you as a result of your violation of these Terms of Use, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

11. Suspension and Termination

The Terms of Use will continue to apply until terminated by either you or (Q49HF) as set forth below. If you object to the Terms of Use or are dissatisfied with the Platform, your only recourse is to

Close Your Account on the Platform; and/or
Stop accessing the Platform. (Q49HF) may delist you or block your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.

Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until (Q49HF) chooses to terminate them. If you or (Q49HF) terminate your use of the Platform, (Q49HF) may delete any Content or other materials relating to your and (Q49HF) shall have no liability to you or any third party for doing so. However, your transactions details may be preserved by (Q49HF) for purposes of tax or regulatory compliance. You shall be liable to pay for that you have already ordered till the time of termination by either party whatsoever. (Q49HF) shall have the right to cease/terminate the relationship by giving you a prior twenty-four (24) hours’ written notice.

12. Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, for a, applicable authorities at Bangalore.

13. Report Abuse

In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Platform, please report the same to the following e-mail id: (Q49HF) cares@(Q49HF) .in.

14. Communications

You hereby expressly agree to receive communications by way of SMS and/or e-mails from (Q49HF) and other third parties. You can unsubscribe/ opt-out from receiving communications through e-mail anytime by writing to us at visiting (Q49HF) cares@(Q49HF) .in.

15. General Provisions Notice

All notices from (Q49HF) will be served by email to your registered email address or by general notification on the Platform. Any notice provided to (Q49HF) pursuant to the Terms of Use should be sent to (Q49HF) cares@(Q49HF) .in with subject line – Attention:

Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. (Q49HF) ’s rights under the Terms of Use are freely transferable by (Q49HF) to any third party without the requirement of seeking your consent. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Waiver: Any failure by (Q49HF) to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by (Q49HF) of that provision or right.

16. IP Infringement

If you believe the Platform violates your intellectual property, you must promptly notify (Q49HF) in writing at (Q49HF) cares@(Q49HF) .in. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform. You are required to provide the following details in Your notice: the intellectual property that You believe is being infringed; the item that You think is infringing and include sufficient information about where the material is located on the Platform; a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform; Your contact details, such as Your address, telephone number, and/or email; a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and Your physical or electronic signature.

17. Detailed T&Cs for Fabelle Gift Card to be given on purchase of Sunfeast Dark Fantasy Gift Pack:

This Fabelle Gift Card (‘the Gift Card’) entitles the bearer to a discount of Rs. 500 upon purchase of Fabelle Luxury Chocolates (except Fabelle Choco Deck and Fabelle Soft Centre) worth Rs. 1000 or above from

The Fabelle chocolate boutiques specified herein or
(Q49HF) store.in (‘Offer’). This Offer is valid only in the following cities: Bangalore, Chennai, Kolkata, Hyderabad, New Delhi and Mumbai.

The Gift Card is valid for redemption at the Fabelle chocolate boutiques in select locations as listed below: (Q49HF) Gardenia, Bangalore; (Q49HF) Windsor, Bangalore; (Q49HF) Sonar, Kolkata; Quest Mall, Kolkata; (Q49HF) Grand Chola, Chennai; (Q49HF) Maurya, New Delhi; Select City Walk Mall, New Delhi; (Q49HF) Maratha, Mumbai; (Q49HF) Kohinoor, Hyderabad. The Gift Card shall be valid for redemption only till 31st January 2020. One Gift Card can be redeemed only once and must be redeemed in full. Any leftover amount cannot be carried forward. The Gift Card cannot be exchanged for cash/vouchers/credit notes. This Gift Card cannot be combined with any other promotional scheme, gift voucher/card or discount offer. Only valid Gift Cards will be accepted. This Gift Card will not be replaced if lost.

Any dispute(s) shall be subject to the exclusive jurisdiction of the courts at Bangalore. (Q49HF) Limited will not be liable in any manner for any cost or expense incurred for the purpose of redemption of this Gift Card. (Q49HF) Limited reserves the right to amend the Terms & Conditions at its discretion without prior notice. Fabelle is an exclusive trademark/brand of (Q49HF) Limited. No liability or responsibility is assumed by the (Q49HF) Limited resulting from redemption or attempt to redeem the Gift Card or ability or inability to upload or download any information in connection with the Offer. No responsibility or liability is assumed by (Q49HF) Limited for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Offer and Gift Card: Hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic or Internet connectivity or other online or network communication problems; errors or limitations of any Internet providers, servers, hosts or other providers; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted transmissions; inaccessibility of the (Q49HF) store.in website in whole or in part for any reason; traffic congestion on the Internet or (Q49HF) store.in web site; unauthorized human or non-human intervention of the operation of the Offer, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, or worms; or destruction of any aspect of the Offer, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Offer.

Use of (Q49HF) store.in web site is at consumer’s own risk. (Q49HF) Limited is not responsible for any personal injury or property damage or losses of any kind which may be sustained to users or any other person’s computer equipment resulting from participation in the Offer. (Q49HF) Limited reserves the right to extend, cancel, discontinue, withdraw, change, alter or modify this Offer or any part thereof or any of the terms thereof with or without notification and without assigning any reason. If for any reason the Offer is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Offer, (Q49HF) Limited reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the process, and to cancel, modify or terminate the Offer.