Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is 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 user agreement for access or usage of  The Customized Gift website.

User Agreement

This User Agreement contains rules and regulations, policies, terms conditions and agreement applicable to any person who may access or use The Customized Gift, including any subdomains, webpages or extension of  The Customized Gift; you hereby agree and acknowledge to be bound by the terms of this User Agreement.

The use of  The Customized Gift and the services provided are subject to the rules and regulations, policies, notices, terms conditions set forth in this User Agreement. For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of  The Customized Gift by accessing or browsing the Website and/or has registered as a member of The Customized Gift by submitting identification information/ registration details using the computer system of The Customized Gift and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
Amendment:  The Customized Gift reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days’ prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.

Definitions

• Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) The Customized Gift authorised Payment Gateway Facility or (ii) the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within [3] days of booking the Transaction.
• Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Company in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India.
• Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on The Customized Gift.
• In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on The Customized Gift.
• Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company as proof that the item has been Dispatched and/or Delivered, as the case maybe.
• Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of The Customized Gift at the time of registration, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.
• Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price.
• Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.
• Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on The Customized Gift.
  Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
• Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
• Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. 
• The Customized Gift authorised Payment Gateway facility means the automated electronic payment or collection and remittance facility provided by the Company to Buyers and Sellers to facilitate purchase and sale of items as well as making payments there for on The Customized Gift directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment.
• Pricing : On some items the price would be over MRP. That is because the price includes both the price of that item and our packaging fees on top of that. In case you need a detailed breakdown, please get in touch with us and we will be happy to share more information about the same.

Eligibility

• The Customized Gift or any service provided by The Customized Gift may only be used or accessed by such persons who can form 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, persons of unsound mind, and undischarged insolvents are not eligible to use The Customized Gift. A minor is not allowed to access or register as a User or sell or purchase any items on The Customized Gift.
  If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

Registration and Communication

• By registering on The Customized Gift, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you. Any kind of legal implication raised, due to the incorrect nature of the details provided by you, The Customized Gift will not be held responsible for the same.
• You agree that your sole purpose of registering or using The Customized Gift is to buy or sell unique gifts items and hampers or such products as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use The Customized Gift for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner.
• You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on The Customized Gift.
• You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on The Customized Gift to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to The Customized Gift in any manner whatsoever.
• Seller Registration: To be eligible to sell items on The Customized Gift, the User is required to separately register with The Customized Gift authorised Payment Gateway facility on its page on The Customized Gift. The seller shall provide complete details of the Seller Bank Account as a part of the The Customized Gift authorised Payment Gateway Seller Registration or at a later date in lieu of or in addition to the original Seller’s Bank Account..
• Buyer Registration: Other than being a User, there is no separate registration requirement for buyers. The Customized Gift authorised Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account.
• Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on The Customized Gift. You further agree that your use of The Customized Gift or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.

Terms of Use

• You understand and agree that the Company merely provide hosting services to its Users who access The Customized Gift for purchase and sale of unique Indian products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on The Customized Gift and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and the Company to store details and records of your usage of The Customized Gift indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.
• Currently the membership on The Customized Gift is free and the Company does not levy any charges/fees for browsing or buying on The Customized Gift. However, for the purposes of listing any item on The Customized Gift to be sold or availing other services provided by the Company through The Customized Gift such as packing, warehousing, courier etc., the Seller will be charged fees as provided in the Facility Charges Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on The Customized Gift. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on The Customized Gift and such changes shall automatically become effective immediately after they are posted on The Customized Gift.
• All fees/ charges shall be quoted in Indian Rupees and shall be payable to The Customized Gift within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of  The Customized Gift and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with The Customized Gift and disallow access to The Customized Gift. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company.
• If you purchase anything on The Customized Gift, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference.
• If you propose to sell anything on The Customized Gift, you agree to also comply with the terms and conditions set out in the Policy for Sellers incorporated herein by reference.
• You agree that the Company may appoint any third party service provider, including but not restricted to one or more of the Company’s affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
• The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on The Customized Gift.
• Any information provided by you to the Company or submitted to The Customized Gift or provide or display to other Users of The Customized Gift in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.

Payment

• Payments for the items on The Customized Gift, at the option of the relevant seller, can be made by way of (i) Payment on Billing which can be made through the The Customized Gift authorised payment gateway Facility or by depositing cash, cheque, demand draft in the bank account of the Company; or (ii) Payment on Delivery wherein payment shall be made only by cash on delivery, or such other method of payment as may be permitted by the Company on The Customized Gift in its sole discretion.
• For the purposes of buying and/or selling any item listed on The Customized Gift, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company.
• You acknowledge and accept that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.
• In order to enable Users to carry out transactions on The Customized Gift, the Company will in addition to other methods of payment provide an electronic payment facility i.e. The Customized Gift authorised payment gateway facility by E-billing Solutions Private Limited on the Website. The The Customized Gift authorised payment gateway facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The The Customized Gift authorised payment gateway facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.
• The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company’s control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the The Customized Gift authorised payment gateway facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
• You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the The Customized Gift authorised payment gateway facility or any other method of payment to its Users.

Consent and Privacy Policy

• By using The Customized Gift and/or by providing your information, you consent to the collection and use of such information disclosed by you on The Customized Gift on The Customized Gift authorised payment gateway facility, by the Company. The personal information / data including but not limited to the Information provided by the You to The Customized Gift authorised payment gateway facility during the course of a Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under. The Company does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and the Company only uses your information in the manner described in the Privacy Policy. If you do not agree to your Information being transferred or used in this way, please do not use The Customized Gift.
• The Company views the protection of user’s privacy as a very important community principle. The Company clearly understands that you and the personal information provided by you is one of the most important assets to the Company. The Company stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made thereunder.

BREACH

• Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to The Customized Gift or initiate any legal action it may deem fit, particularly in the event:
• You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;
• Any misuse of the The Customized Gift authorised payment gateway facility
• The Company is unable to verify or authenticate any information provided by you;
• The Company believes that your actions may cause legal liability to the Company, other Users or yourself. No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
• No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
• Any User that may have been suspended or blocked may not register or attempt to register with The Customized Gift or use The Customized Gift in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by you to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against me.

Grievance Redressal Mechanism

• In case of any grievance, objection or complaint on your part with respect to the Website, other Users, The Customized Gift authorised payment gateway facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use The Customized Gift, you should promptly raise such grievance or complaint with the designated Grievance Officer at (Email) and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.The name and contact details of the Grievance Officer is published on The Customized Gift as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.

General

• None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
• Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to (Email) and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
• If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
• This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and the Company with respect to the subject matter herein.
• The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to you.
• All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
• ARBITRATION any dispute arises between you and the Company during your use of The Customized Gift or the The Customized Gift authorised payment gateway facility or The Customized Gift Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or The Customized Gift authorised payment gateway Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Cuttack. The Arbitration Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

GOVERNING LAW

• This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Cuttack shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.