The terms and conditions set out herein ("Terms") constitute an agreement between
A.N. Farm Assortment Private Limited, a private limited company incorporated under the Companies Act,
2013,
with its registered office at R-301, Anupam Apartments, Shahdara, New Delhi, Delhi, India, 110092
(hereinafter referred to as "ANFA," "we," "us," "our," or terms
of
similar meaning), which has obtained the license and right to use the brand "Handpickd,"
including
the website https://handpickd.farm and
its mobile application "Handpickd" available on the Android and iOS app
stores (collectively referred to as the "Platform"), from BCFD Technologies Private Limited, a
company incorporated under the Companies Act, 2013, with its registered office at House No. 129-P,
Ground
Floor, Sector 39, Gurugram, Haryana, India - 122002 (hereinafter "BCFD"), and any natural or
legal
person who accesses and/or uses the Platform in any manner ("you," "your,"
"user," or "Customer").
By using the Handpickd Platform, you expressly agree to be bound by the Terms. Should the Terms
not be acceptable to you, you may refrain from using the Handpickd Platform. Please top up your
Handpickd
Wallet or place an order on Handpickd if you agree to be bound by the Terms. If you have any questions
about
the terms, please contact at customerservice@sorted.team. Please note that your access to the
Services,
other platforms, or utilisation of Products (defined below), offers or
promotions in relation to the Products as may be provided by us or our affiliates, may be governed by
other
terms and conditions, policies or guidelines (“Additional
Terms”) along with these Terms. If these Terms are inconsistent with any
Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to
the
applicable Service or utilisation of the Product. These Terms govern your use of the Handpickd Platform
and
transactions or dealings thereon.
For the purposes of these Terms: (a) “Products” shall
mean grocery including fresh supplies like fruits
and vegetables and dairy, and such other products as may be offered for sale to you on the Handpickd
Platform; and (b) We and you are hereinafter individually referred to
as “Party” and collectively
as “Parties”.
These Terms are divided into 2 (two) parts, Part A and Part B mentioned
below.
TERMS AND CONDITIONS FOR USAGE OF HANDPICKD PLATFORM
TERMS AND CONDITIONS OF SALE ON HANDPICKD PLATFORM
Please carefully read all the parts to understand the conditions applicable in case
of usage of the Handpickd Platform and for purchase of Products thereof.
“PART A – TERMS AND CONDITIONS FOR USAGE OF HANDPICKD
PLATFORM”
GENERAL
The terms and conditions for usage of the Handpickd Platform as set out herein
(“Terms of Use”) specifically govern your
access and use of the Handpickd Platform, which provides a forum to enable you to inter alia
discover,
select and buy Products listed on the Handpickd Platform at the indicated price at any time, to the
locations serviceable by us.
Please note that we may from time to time change the Terms of Use
that govern your usage of the Handpickd Platform, and such changes shall be effective immediately
upon
posting on the Handpickd Platform. Every time you wish to use our Handpickd Platform, please check
these
Terms of Use to ensure you understand the terms and conditions that apply at that time. Further,
please
note that we reserve the right to either change the format and the content of the Handpickd Platform
or
suspend the operation of the Handpickd Platform for support or maintenance work, in order to update
the
content or for any other reason, at any time, with or without any prior information/ intimation, in
any
manner whatsoever.
Any accessing, browsing, or otherwise usage of the Handpickd Platform indicates
your agreement to these Terms of Use, the Privacy
Policy of the Handpickd Platform and any other
policies or guidelines that may be applicable on the Handpickd Platform at the time of your access
and
usage of the Handpickd Platform and which may be updated from time to time (collectively,
the “Agreement”).
This document is an electronic record in terms of the Information
Technology Act, 2000 and rules made thereunder as may be 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.
We authorise you to view and access the Handpickd Platform solely for
identifying Products, carrying out purchases of Products and processing returns and refunds, in
accordance with Cancellation, Return and
Refund Policy.We therefore grant you a limited, revocable permission to
access and use the Services.
By accepting this Agreement, you affirm that you are 18 (Eighteen)
years of age or above and are fully competent to enter into this Agreement, and to abide by and
comply
with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that the User is
using/browsing the Handpickd Platform under the supervision of the parent or legal guardian and that
such user’s parent or legal guardian has read and agreed to the terms of this Agreement,
including
terms of purchase of Products on behalf of the minor user. In the event we are made aware that a
user is
under the age of 18 and is using/browsing the Handpickd Platform without the supervision of the
parent
or legal guardian, we reserve the right to deactivate such user’s account without further
notice.
Further, if you are using the Services on behalf of a company or organisation, you represent that
you
have authority to act on behalf of that entity, and that such entity accepts this Agreement.
REGISTRATION OF YOUR ACCOUNT
In order to purchase Products on the Handpickd Platform and/or avail the
Services, you will have to sign-up/ register on the Handpickd Platform. Registration is a one-time
process based on successful mobile One Time Password (“OTP”)
verification. You will be eligible to further
access and avail the Services only after providing necessary forms and details as may be required by
us
at the time of your registration.
You are solely authorized to operate the account created by you.
Consequently, it is your responsibility to maintain the confidentiality of the login credentials of
your
account on the Handpickd Platform and to restrict access to your computer/mobile/other similar
devices
to prevent unauthorized access to your account. You shall remain solely liable for all the actions
undertaken through your account.
You will: (a) immediately inform us of any unauthorized usage of the
account or any other security breach; and (b) ensure that you log out of your account at the end of
each
session. We, our employees, agents, directors, and officers will not be liable for any loss, or
direct
or indirect damage arising from your failure to comply with these Terms of Use. You may be held
liable
for any losses incurred by us or any other user due to unauthorized use of their account by
you.
We reserve the right to refuse access to the Handpickd Platform,
restrict placement of new orders, cancel pending orders, deactivate, or suspend your account on the
Handpickd Platform, without any notice to you, at our sole discretion, for reasons which may
include:
(a) breach of these Terms and Conditions, Privacy Policies or any other applicable policy; or (b)
violation of any applicable laws; or (c) suspicion of your involvement in any inappropriate or
unlawful
conduct; or (d) suspicion of your involvement in placing fake orders, frequent cancellations,
returns,
or abuse of any policy or abuse of Handpickd Platform; or (e) directly or indirectly threaten or
cause
harm to the brand image of Handpickd on a public forum (including but not limited to social media,
print
or electronic media); or (f) causing harassment to Handpickd and / or its employees / or its
agents.
COMMUNICATION AND UNSUBSCRIPTION
By accepting the Terms of Use, you also accept to receive news,
updates, promotion messages, offers and campaign related communication via the Handpickd Platform
and/or
on your registered mobile number from Handpickd. By accessing and using the Handpickd Platform, you
explicitly consent to receive such communications by any means/mode, including but not limited to,
by
push notification on the platform, SMS on registered mobile number, email on the registered email
address, IVR call or manual call, as the case may be, as and when required, for sending any update
or
information to you (by any electronic means, as the company may deem fit to use) from us regarding
any
new services or offerings or communicating the OTP.
By using the Handpickd Platform, you consent to such transfer of
your information outside of your country and within our affiliates, subsidiaries and partners, their
personnel, and subcontractors, provided they have agreed to ensure the same level of data protection
as
prescribed under this Privacy Policy and the data protection laws of India. The information may be
transferred in the event it is necessary for the performance of the Services, operation of the
Handpickd
Platform and provision of Products as agreed upon between us and the user.
You may also receive such notifications regarding any
marketing/promotional activities that may be available on the Handpickd Platform from time to time.
By
sharing your Account Information and registering on the Handpickd Platform and/ or verifying your
contact number with us, you explicitly consent to receive marketing/ promotional communications
(through
call, SMS, email or other digital and electronic means) from us and/or our authorized
representatives
regarding any new services or offerings, even if your contact number is registered under the
DND/NCPR
list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
You can unsubscribe/opt-out from receiving marketing/ promotional
communications, newsletters and other notifications from us at any time by following the
instructions
set out in such communications. However, if you unsubscribe/ opt-out as stated, you may not be able
to
optimise the Services offered on the Handpickd Platform.
AVAILIBILITY AND ACCESIBILITY OF HANDPICKD PLATFORM
We operate the Handpickd Platform in India and make no
representation that the materials and the content available on the Handpickd Platform are
appropriate to
be used or will be available for use in other locations outside India. If you use the Handpickd
Platform
from outside India, you are entirely responsible for compliance with all applicable local laws.
These
Terms of Use do not constitute, nor may these Terms of Use be used for, or in connection with, any
promotional activities or solicitation by anyone in any jurisdiction in which such promotional
activities or solicitation are not authorized, or to any person to whom it is unlawful to promote or
solicit.
We have several websites offering Products, Services, content, and
various other functionalities to specific regions in the territory of India. The Services offered in
one
region may differ from those in other regions due to availability, local or regional laws, shipment,
and
other considerations. We do not make any warranty or representation that a user in one region may
obtain
the Services from the Handpickd Platform in another region, and we may cancel a user's order or
redirect a user to the Handpickd Platform for that user’s region if a user attempts to order
Services offered on a Handpickd Platform in another region.
Information that we publish on the world wide web may contain
references or cross references to our Products, programs and Services that are not announced or
available in your region. Such references do not imply that we intend to announce such Products,
programs or Services in your region. Connect with us at customerservice@sorted.team, for
information regarding the Products, programs and Services that may be available to you.
THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
In your use of the Handpickd Platform, you may enter into
correspondence with, purchase goods and/or services from, or participate in promotions of
advertisers or
members or sponsors of Handpickd Platform or access any other third-party website linked to the
Handpickd Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or
promotion, including the delivery of and the payment for goods and/or services, and any other term,
condition, warranty or representation associated with such correspondence, purchase or promotion, is
solely between you and the applicable third party. You agree that we have no liability, obligation
or
responsibility for any such correspondence, advertisement, purchase or promotion, access or usage of
any
third-party website and the contract under such instances remains between you and any such third
party.
LICENSE AND USE OF YOUR CONTENT
You grant to us a royalty-free, perpetual, irrevocable,
non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute,
copy,
use, create derivative works from, display worldwide, or act on any material posted by you on the
Handpickd Platform without additional approval or consideration in any form, 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 over all feedback, comments, ideas or suggestions or any other content provided through or
on
the Handpickd Platform. You agree to perform all further acts necessary to perfect any of the above
rights granted by you to us, including the execution of deeds and documents, at its request.
You agree that we do not routinely monitor your usage of the
Handpickd Platform but reserve the right to do so. However, if we become aware of inappropriate use
of
the Handpickd Platform or any of its Services, we will respond in a way that, in our sole
discretion, we
deem appropriate. You acknowledge that we have the right to report to law enforcement authorities
any
actions that may be considered illegal, as well as any information we receive of such illegal
conduct.
When requested, we will co-operate fully with law enforcement agencies in any investigation of
alleged
illegal activity on the internet.
Submissions and unauthorised use of any material on the Handpickd
Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain
communications statutes and regulations and other applicable laws and regulations. You alone are
responsible for your actions or the actions of any person using your login credentials. As such, you
shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors,
and
business partners harmless from and against any and all losses, costs, damages, liabilities, and
expenses (including attorney’s fees) incurred in relation to, arising from, or for the purpose
of
avoiding, any claim or demand from a third party that your use of the Handpickd Platform or the use
of
the Handpickd Platform by any person using your user name and/or password (including without
limitation
your participation in the posting areas or your submissions) violates any applicable law or
regulation,
or the rights of any third party.
We reserve the right to terminate access to the Handpickd Platform
at any time and without notice. Further this limited license terminates automatically, without
notice to
you, if you breach any of these Terms of Use. Any provision of the Terms of Use which imposes an
obligation or creates a right that by its nature will be valid after termination or expiration of
the
Terms of Use shall survive the termination or expiration of the Terms of Use.
USER WARRANTIES AND RESTRICTIONS
You represent and warrant that: (a) your use of the Handpickd
Platform and/or Services will not violate any applicable law or regulation; (b) all information that
is
submitted to us in connection with Handpickd Platform and/or Services is true, accurate and lawful;
(c)
use of the content you provide does not breach any applicable Agreement and will not cause injury to
any
person or entity (including that the content or material is not defamatory). If at any time, the
information provided by you is found to be false or inaccurate, we will have the right to reject
registration, cancel all orders, and restrict you from using the Services and other affiliated
services
in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates
for
all claims brought by a third party against us or our affiliates arising out of or in connection
with a
breach of any of these warranties.
You will use the Handpickd Platform for lawful purposes only and
will not undertake any activity that is harmful to the Handpickd Platform or its content or
otherwise
not envisaged through the Handpickd Platform. You have a limited license to access and use Handpickd
Platform, solely for the purpose of availing the Services, subject to these Terms of Use.
You hereby undertake not to do any of the following:
Delete or modify any content on Handpickd Platform, such as any
information regarding the Services, their performance, sales or pricing;
Use any engine, software, tool, agent or other mechanism (such as
spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Handpickd
Platform;
Make false or malicious statements against the Services, Handpickd
Platform or us;
Post, copy, submit, upload, distribute, or otherwise transmit or
make available any software or other computer files that contain a virus or other harmful component,
or
otherwise disrupt or damage Handpickd Platform and/or Services or any connected network, or
otherwise
interfere with any person or entity’s use or enjoyment of Handpickd Platform and/or the
Services;
Introduce any trojans, viruses, any other malicious software, any
bots or scrape Handpickd Platform for any information;
Probe, scan, or test the vulnerability of any system, security or
authentication measures implemented by us or otherwise tamper or attempt to tamper with our
technological design and architecture;
Hack into or introduce malicious software of any kind onto the
Handpickd Platform;
Gain unauthorized access to, or interfere with, or damage, or
disrupt the server on which the details connected to the Services are stored, or any other server,
computer, or database connected to the Services;
Engage in any form of antisocial, disruptive, or destructive acts,
including “flaming,” “spamming,” “flooding,”
“trolling,”, “phishing” and “griefing” as those terms are
commonly
understood and used on the internet; or
Create any identical platform for any malicious and fraudulent
motive or for any other reason whatsoever.
You are prohibited from hosting, displaying, uploading, modifying,
publishing, transmitting, updating or sharing on or through Handpickd Platform, any information
that:
belongs to another person and to which you do not have any
right;
is harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging
money laundering or gambling, or otherwise harmful in any manner whatsoever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary
rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages
or communicates any information which is grossly offensive or menacing in nature;
impersonates or defames another person; or
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer resource.
We constantly monitor the user’s account in order to avoid
fraudulent accounts and transactions. Users with more than one account or availing referral vouchers
fraudulently shall be liable for legal actions under law and we reserve the right to recover the
cost of
goods, collection charges and legal fees from persons using the Handpickd Platform fraudulently. We
reserve the right to initiate legal proceedings against such persons for fraudulent use of the
Handpickd
Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the
event
of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we
reserve
the right to immediately delete such account and dishonour all past and pending orders without any
liability. For the purpose of this clause, we shall owe no liability for any refunds.
TRADEMARKS
All the trade names associated with us and all Products and logos
denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may
not
be used in connection with any product or service that is not our product or service.
DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
We will try to ensure that all information and recommendations, whether in
relation to the Products, Services, offerings or otherwise
(hereinafter “Information” ) provided as part of
this Handpickd
Platform is correct at the time of inclusion on the Handpickd Platform. We do not guarantee the
accuracy
of the Information. We make no representations or warranties as to the completeness or accuracy of
Information.
You agree that Information is being supplied to you on the condition
that you will make your own determination as to the suitability of such information for your purpose
prior to use or in connection with the making of any decision. No Information on the Handpickd
Platform
shall constitute an invitation to invest in us or any affiliates. Any use of this Handpickd Platform
or
the Information is at your own risk. Neither we, our affiliates, nor their officers, employees nor
agents shall be liable for any loss, damage or expense arising out of any access to, use of, or ANFA
upon, this website, the Information, or any third-party website linked to this Handpickd Platform.
We
are not responsible for the content of any third-party websites and do not make any representations
and
or endorsement regarding the content or accuracy of material on such websites. If you decide to
access
links of any third-party platforms, you are doing so entirely at your own risk and expense.
As means to assist the users in identifying the Products of their
choice, we provide visual representations on the Handpickd Platform including graphics,
illustrations,
photographs, images, videos, charts, screenshots, infographics and other visual aids, as may be
provided
to us by the respective product owners or otherwise. While reasonable efforts are made to provide
accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual
representation or description of the Product, with the actual Product ultimately delivered to users.
The
appearance of the Product when delivered may vary for various reasons and hence no claim to be
considered by the customer on such account in any manner.
Nothing contained herein is to be construed as a recommendation to
purchase or use any Product, process, equipment or formulation, in conflict with any patent, or
otherwise and we make no representation or warranty, express or implied that, the use thereof will
not
infringe any patent, or otherwise.
We do not covenant or provide any representations and
warranties:
in respect of quality, suitability, accuracy, reliability,
performance, safety, merchantability, fitness for a particular purpose/consumption or the content
(including Product or pricing information and/or specifications) on Handpickd Platform;
that the Services will be made available at all times; and
that the operation of Handpickd Platform, including the functions
contained in any content, information and materials on Handpickd Platform or any third-party sites
or
services linked to Handpickd Platform will be uninterrupted, or that the defects will be rectified,
or
that Handpickd Platform or the servers that make such content, information and materials available
are
free of viruses or other harmful components.
THIS HANDPICKD PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN
“AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE,
FOR
OURSELVES AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE
HANDPICKD PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE
WILL
NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE
SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF
WE
HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer - To the extent permitted by
applicable law, We, our officers, agents, employees and directors, disclaim any liability against
any
loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance,
omission,
defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised
access,
theft, destruction, alteration or use of records on the Handpickd Platform.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless us, our affiliates,
officers, directors, employees, consultants, licensors, agents, and representatives from and against
any
and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable
attorney
fees and costs) arising from your access to or use of Handpickd Platform or the Services, violation
of
these Terms of Use, or infringement of any of our or any third-party intellectual property or other
rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition
to
the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any
such claim, loss, liability, damage, or cost.
APPLICABLE LAW AND JURISDICTION
These Terms of Use are governed by and to be interpreted in
accordance with laws of India, without regard to the choice or conflicts of law provisions of any
jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or
any
dispute arising in relation to the Handpickd Platform whether in contract or tort or otherwise, to
submit to the jurisdiction of the courts located at Gurgaon, India for the resolution of all such
disputes.
MISCELLANEOUS
In addition to these Terms of Use, you will also ensure that you are
in compliance with the terms and conditions of the third parties, such as bank offers terms and
conditions, whose links, if any, are contained/embedded in the Services. You agree that we will not
be
liable for any transaction between you and any such third parties.
These Terms of Use supersede all previous oral and written terms and
conditions (if any) communicated to you by us, for the use of Handpickd Platform, and the rights and
liabilities with respect to any Services to be provided by us shall be limited to the scope of these
Terms of Use.
“PART B – TERMS AND CONDITIONS OF SALE ON HANDPICKD
PLATFORM”
The terms and conditions of sale as set out herein (“Terms of Sale”)
constitute an agreement between us and you and govern the terms and conditions on which you purchase the
Products from us on or through the Handpickd Platform. By adding any Product in the basket on the
platform
for making a purchase of the Product, you expressly agree to be bound by these Terms of Sale.
These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute
an electronic record within the meaning of the applicable law. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
OUR CONTRACT OF SALE
Listing and display of a Product by us on Handpickd Platform is our
invitation to you to make an offer for purchase of such Product by adding the same in the
cart/basket.
Likewise, adding any offered Product in the basket on the Handpickd Platform by you is your offer to
buy
the Product(s) from us.
Any communication from us shall be sent by either way, such as via
push notification/ SMS on registered mobile number/ Email on registered email id/ IVR call/ manual
call,
as the case may be, for any particular transaction. You shall be solely responsible to update your
registered mobile number and/or email address and the address for delivery on the Handpickd Platform
in
the event there is a change. Further, we may also send you notifications and reminders with respect
to
scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt
reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not
be
held liable for any failure to send such notifications or reminders to you.
Your contract is with us, and you confirm that the Product(s) added
to the basket by you are purchased for your internal / personal purpose and not for re-sale or
business
purpose.
All items added to the basket on Handpickd Platform are subject to
the availability of such Product, our acceptance of your offer as per the above and your continued
adherence to these Terms of Sale.
You hereby authorise us to declare and provide declarations to any
governmental authority on request on your behalf, including that the Products ordered by you are for
personal, non- commercial use.
We list availability information for the Products on the Handpickd
Platform. Please note that dispatch estimates are not guaranteed and should not be relied upon as
such.
As we process your order, we may send you the communication by way of push notification or SMS or
email
or IVR call or any manual call, as the case may be, once your order is delivered. However, if any
Products you added in the basket/cart turn out to be unavailable or out of stock at the time of
processing the order, the same shall be auto removed from the cart/basket with simultaneous credit
in
your Handpickd Wallet balance / update in the subscription item as the case may be and may also be
informed to you before delivery of your order.
PRODUCT PRICING
All prices are listed in Indian Rupees. Price, as displayed, is
inclusive of all applicable taxes.
Products in your shopping cart of Handpickd Platform will reflect
the most recent price as displayed on the Product’s information webpage on Handpickd Platform.
Please note that this price may differ from the price shown for the Product when you first placed it
in
your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that
time. It is also possible that a Product’s price may increase or decrease between the time you
place it in your shopping cart and the time your order is processed. The prices charged at the time
of
order processing will be the final price charged on your Handpickd Wallet.
Due to perishable nature of the Products, Handpickd Platform
procures and supplies fresh products depending upon its shelf life. However, in case of change in
price
of the Product subscribed on Handpickd Platform, any revision in cost of the Product would be
charged
accordingly, i.e., if it is downward revision in the price of the Product, the balance shall be
returned
to your Handpickd wallet, however, in case of an upward revision in the price of the product, the
additional cost shall be borne by you and it shall be charged on your Handpickd Wallet. In case the
Handpickd Wallet does not have sufficient balance, we shall intimate you to top-up the Handpickd
Wallet
with the requisite amount, pending which we may not be able to process your orders.
LICENSES
You acknowledge that there may be licenses/permissions required
under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be
solely
responsible for obtaining such licenses/permissions and complying with the terms of such
licenses/permissions.
TAXES
You shall be responsible for payment of all fees/costs/charges
associated with the purchase of Products from us and you agree to bear any and all applicable
taxes.
ELIGIBILITY
Only persons who can enter into legally binding contracts as per
Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound
mind,
and are not disqualified from entering into contracts by any law, can use Handpickd Platform and
place
an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase
the
Product on Handpickd Platform only with the involvement of a parent or guardian.
LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and
ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your
behalf,
shall extend beyond the money charged from you for purchases made pursuant to an order under which
such
liability has arisen and been established. We will not be responsible for any business loss
(including
loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or
any
other indirect or consequential loss that is not reasonably foreseeable to both you and us when a
contract for the sale of Product by us to you was formed.
MISCELLANEOUS
In addition to these Terms of Sale, you will also ensure that you
are in compliance with the terms and conditions of the third parties, such as bank offers terms and
conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of
Use.
These Terms of Sale supersede all previous oral and written terms
and conditions (if any) communicated to you by us, for the purchase of Product.
E-WALLET – TERMS & CONDITIONS
Please read these terms and conditions carefully. By accessing or
using the services provided through the Handpickd Platform, you agree to be bound by the terms
described
herein and all terms incorporated by reference. If you do not agree to all of these terms, do not
use
the services provided by the Handpickd Platform.
Definitions:
In these Terms and Conditions, unless repugnant to the context or
meaning thereof, the terms defined herein shall have the meaning as under:
“Main Wallet” shall mean
prepaid wallet under the Handpickd Wallet which shall be used for payments of all categories of
items on
the Handpickd Platform.
Main Wallet are hereby referred to as the “Handpickd Wallet”.
These terms and conditions (“Terms and Conditions”) govern your use
of the Handpickd Wallet created on the Handpickd Platform for your usage towards ordering Handpickd
services. This Handpickd Wallet is the property Handpickd of to whom
it must be surrendered, upon request. The following terms and conditions
shall apply to your Handpickd Wallet including but not limited to payments, disputes and chargeback
cases in connection with the Products ordered by you on Handpickd Platform by using Handpickd
Wallet. By
using the Handpickd Wallet, you agree to the below mentioned Terms and Conditions. Please ensure
that
you have read carefully and understood these Terms and Conditions before using your Handpickd Wallet
and
also request you to keep a copy of these Terms and Conditions for your records. You further agree
that
by using the Handpickd Wallet, you confirm that you have read, understood and accepted the detailed
Terms and Conditions of the Handpickd Wallet.
Eligibility
To be eligible for the Handpickd Wallet, you should be competent to
enter into a contract i.e. you should have attained the age of majority according to the Indian law.
Handpickd Wallet is not targeted towards, nor intended for use by anyone who has not attained the
age of
majority. Any person under the age of 18, may only use the Handpickd Wallet under the supervision of
a
parent or legal guardian who agrees to be bound by these Terms and Conditions.
About Your Account
Handpickd Wallet is issued to you by ANFA. It allows you to load a
rupee value onto your Handpickd Wallet for use only on Handpickd Platform. The value associated with
the
Handpickd Wallet is not insured or guaranteed by any person or entity.
The rupee value that you load onto your Handpickd Wallet is a
prepayment only for purchasing the goods and availing the services on Handpickd Platform in India
unless
otherwise specified.
Main Wallet can be loaded on Handpickd Platform using either cash /
credit card / debit card / UPI / Internet Banking / any other RBI approved e-wallets managed and
governed by other private or government entities. One Handpickd Wallet cannot be reloaded by using
any
other registered/unregistered Handpickd Wallet. It is clarified that the amount from one Handpickd
Wallet of one account cannot be transferred into another Handpickd Wallet or account. It is hereby
clarified that the loyalty points or cash backs earned by you on the Handpickd Platform or in your
Handpickd Wallet may be subject to expiry, as per the terms and conditions otherwise specified by
Handpickd.
Handpickd reserves the right not to accept any Handpickd Wallet or
otherwise limit use of a Handpickd Wallet if we reasonably believe that the use is unauthorized,
fraudulent or otherwise unlawful. Further, misuse of the Handpickd Wallet or its benefits in any
manner
may result in disablement of the Handpickd Wallet and/or withdrawal of benefits at the sole
discretion
of ANFA. Please maintain the Handpickd Wallet safely and securely. Unless otherwise specifically
mentioned herein, ANFA is not responsible for abuse of Handpickd Wallet in case your wallet balance
is
used by someone else due to mobile theft or any other scenario.
Loading Value in your Handpickd Wallet
Handpickd Wallet is automatically created and enabled as soon as you
register for Handpickd Platform’s services while accepting these Terms and Conditions. The
Handpickd Wallet gets activated by loading money in it in accordance with Clause 5.c. of these Terms
and
Conditions by visiting the Handpickd website or Handpickd mobile app. Handpickd Wallet can be used
as a
mode of payment, whenever the Handpickd Wallet-holder purchases goods or services from the Handpickd
mobile app. The balance on the Handpickd Wallet does not have a validity or expiry period.
Balance
from a sub-wallet cannot be transferred to another sub-wallet.
Whenever Handpickd Wallet-holder purchases goods or services from
the Handpickd mobile app, balance from Handpickd Wallet shall be deducted Main Wallet.
Handpickd may change the maximum and minimum amounts at any time by notifying
you at the point of recharge, or on the Handpickd Platform (https://handpickd.farm),
and such change shall not constitute an amendment to these Terms and Conditions. No credit
card, credit line, overdraft protection or deposit account is associated with a Handpickd Wallet.
The
balance loaded onto your Handpickd Wallet is non-refundable and may not be exchanged for cash or
credit
balance unless required by law in India except when the account with Handpickd Platform is closed or
is
suspended. No interest, dividends or any other earnings on funds deposited to a Handpickd Wallet
will
accrue or be paid or credited to you by ANFA.
All amounts loaded onto your Handpickd Wallet are held and
denominated in Indian Rupees. In this Terms and Conditions, unless the context otherwise requires,
the
following words and expressions shall bear the meanings ascribed to them below:
(a) You hereby authorise ANFA to"Successful transaction" means a credit of
the transaction amount to the customer's Handpickd wallet.
Fees and Expiration of Wallet Balances
ANFA reserves its right, in its sole discretion and without any
prior notice, to impose and/or revise charges/commissions in relation to your use of the Handpickd
Wallet. The current charges for your Wallet are provided hereunder, the same are subject to
change;
Service
Charges (Rs.)
Registration
NIL
Account top up through credit card/debit card/net banking/UPI/- e-wallet
or any other electronic payment method
NIL
Payment for goods and services
NIL
Delivery charges per order (applicable only to users with no active
Membership)
NIL
All charges mentioned above are exclusive of applicable
taxes.
Receipts and Statements
Handpickd Wallet holders are not sent statements of itemized
transactions on their registered email id from a Handpickd Wallet account. You can check the balance
of
your Handpickd Wallet or review recent transactions on your Handpickd Wallet by logging into your
Handpickd account on the Handpickd mobile app.
You will need to use your Handpickd Wallet to make purchases for the
goods and availing the services on Handpickd Platform. When you use your Handpickd Wallet, you will
receive the details of your order and payment in the Account History section of your Handpickd
account.
The ‘Wallet’ section of your Handpickd Account will provide the remaining balance of
your
Handpickd Wallet. You should check your order and payments details to ensure that your account
balance
is correct.
Billing Errors, Corrections
ANFA reserves the right to correct the balance of your Handpickd
Wallet if there is reason to believe that a clerical, billing or accounting error has occurred. If
you
have questions regarding your transaction history, or any updated data please email your concern
at customerservice@sorted.team.
Registration, Liability for Unauthorized Transactions
You are responsible for all transactions associated with your
Handpickd Wallet, including transactions claimed to be unauthorised. The Handpickd Wallet does not
have
a separate authentication password or PIN and can be used to make transactions once you have
logged-in
to the Handpickd Platform using Mobile Number-Password combination or Mobile number- OTP
authentication.
The mobile application remains in a state of permanent log-in and anyone with access to your mobile
phone can have access to your application and thereafter use your Handpickd Wallet. You agree to
take
full responsibility of any unintended or unauthorised access to your Handpickd Wallet.
Blocking of Handpickd Wallet:
ANFA reserves the right to block your Handpickd Wallet if ANFA believes that you
have been involved in any of the activities, including but not limited to:
fraudulent or unauthorized activities through your Handpickd
Wallet;
unfair practices and or mala fide intention of claiming refunds from
Handpickd on fraudulent ground or repeated returns;
failure of quality check process in case of returns;
gaming the policy or the features on Handpickd Platform.
Returning of money back to the customer in case of blocking of
Handpickd Account (Account closure).
In case of blocking of your Handpickd Account by ANFA due to any
breach of the Agreement, the balance in your Handpickd Wallet (except the Cashback), after
adjustment of
any cashback/promotional points/ fraudulent transactions, shall be credited to the source account.
In
case of blocking or closure of your Handpickd Wallet, any balance lying in your Cashback shall stand
forfeited and shall be expired immediately. The money shall be credited to the source within 15 days
from the date of raising successful request with the customer care and completion of due diligence
pertaining to any fraudulent transaction, subject to submission of KYC documents by you, as
applicable.
The same process has to be followed in case of any incorrect amount uploaded by the user in his/ her
Handpickd Wallet as well.
Returning money back to the customer in case of voluntary closure of
account by the customer:
In case you are not willing to use the Handpickd Platform and want
to close your account, the balance lying in your Handpickd Wallet (except the Cashback), after
adjustment of any cashback/ promotional points/ fraudulent transactions, shall be returned to the
source
on raising a request on the platform through customer care chat option. The money shall be returned
to
the source within 15 days from the date of raising successful request with the customer care,
subject to
submission of KYC documents by you, as applicable.
Privacy Statement
You hereby authorise ANFA to disclose your information to Government
authorities or to competent authorities or to credit bureaus or to other third persons, to comply
with
the obligation under the law. You also authorise ANFA to use your information for offering product
and
services to you, including from its associates/partners unless specified otherwise.
For information concerning how we collect, use and disclose information
concerning the Handpickd Wallet and how to select privacy preferences regarding certain promotional
communications, you should refer to our privacy
statement mentioned on our website.
Changes to these Terms and Conditions
ANFA reserves the right to add, alter, amend and revise terms and conditions as
well as the rules and regulations governing the Handpickd Wallet without prior notice, and without
assigning any reasons thereof. In the event of such changes, the latest terms & conditions will
be
updated and viewed on our website (https://handpickd.farm)
Cancellation of these Terms and Conditions
We may suspend or terminate these terms and conditions and revoke or
limit any or all of the rights and privileges granted to you at any time without notice or
liability.
Termination may also result from your fraudulent or unauthorized use of the Handpickd Wallet.
Limited Liability and Disclaimer
ANFA and its affiliates make no representations, warranties or
conditions of any kind, express or implied, with respect to the Handpickd Wallet, including, but not
limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or
non-infringement, or any warranty arising by usage of trade, course of dealing or course of
performance.
ANFA does not represent or warrant that your Handpickd Wallets will always be accessible or
accepted.
In the event that ANFA or its affiliates are found liable to you,
you shall only be entitled to recover actual and direct damages and such damages shall not exceed
the
last balance held on your Handpickd Wallet. ANFA and its affiliates shall have no liability for any
incidental, indirect or consequential damages (including without limitation loss of profit, revenue
or
use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort
(including negligence, whether active, passive or imputed), product liability, strict liability or
other
theory, even if ANFA or its authorized representatives have been advised of the possibility of such
damages. In no event shall ANFA or its affiliates have any liability for unauthorized access to, or
alteration, theft or destruction of a Handpickd Wallet through accident, misuse or fraudulent means
or
devices by you or any third party, or as a result of any delay or mistake resulting from any
circumstances beyond our control. ANFA is not liable for non-fulfilment of any terms in full or in
part
due to any reason beyond its control.
The laws of certain states or other jurisdiction do not allow
limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws
apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you
may
have rights in addition to those contained in this Terms and Conditions. In such jurisdiction, our
liability is limited to the greatest extent permitted by law.
The decision of the management of ANFA is final and shall be binding
at all times.
Assignment
We may assign all or part of these Terms and Conditions without such
assignment being considered a change to these Terms and Conditions and without notice to you and
shall
be released from all liabilities. The assignee shall have the same rights and obligations as the
assignor and shall agree in writing to be bound by the Terms and Conditions.
Entire Terms and Conditions, Construction
These Terms and Conditions is the complete and exclusive agreement
between you and ANFA, and supersedes and merges all prior proposals and all or any other prior
arrangement/agreements. In the event that any provision of these Terms and Conditions shall be
determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent
necessary so that these Terms and Conditions shall otherwise remain in full force, effect and shall
be
enforceable. Headings herein are for convenience of reference only and shall in no way affect
interpretation of these Terms and Conditions.
In case of any grievances you can contact:
customerservice@sorted.team. or Help section of the Handpickd
Platform
DELIVERY AND SHIPPING POLICY
GENERAL
This delivery and shipping policy (“Policy”), together with
the Terms sets out our policies and
procedures towards delivery and shipping of Products
purchased on the Handpickd Platform
We provide shipping and delivery of our Products across cities in
India where we run our operations, within the locations we deliver. We aim to provide the best
customer
experience for you by tying-up and partnering with leading logistics service providers to handle
your
order in the best possible way and to ensure that you have a hassle-free experience in receiving the
Product that you have ordered from the Handpickd Platform. We make all commercially reasonable
endeavours to ensure that the Products are delivered to you in a timely fashion.
By agreeing to use the Handpickd Platform and/ or purchasing a
Product on the Handpickd Platform, you agree to be bound by the terms of this Policy without
modification. We encourage you to read and understand the terms of this Policy every time you visit
the
Handpickd Platform. If you do not agree to the terms contained in this Policy, you are advised not
to
use, access or transact on the Handpickd Platform.
TERMS OF SHIPPING AND DELIVERY
Once you place an order on the Handpickd Platform, we auto process such order
in the cart at 11:00 pm subject to availability of sufficient balance in the Handpickd Wallet. We
aim to
provide no contact delivery at your doorstep without ringing the doorbell/knocking on your door, and
we
try to deliver the order next day from the date of order of the Product by you on the Handpickd
Platform. We may also share details about your orders pursuant to their dispatch through any means
of
communication (means/mode, including but not limited to, by push notification on the platform SMS on
registered mobile number, email on the registered email address, IVR, call or manual call, as the
case
may be). You agree and understand that though we effectuate Product delivery to the Users either
directly ourselves or through our third-party services providers
( “Logistics Partners” ). Under exceptional
circumstances/ on choice of customer, Handpickd may contact you before delivery, as the case may
be.
You agree and understand that though we endeavour to ship and
deliver our Products to cities in India where we are present, we may, in our sole discretion
determine a
select list of regions which are unserviceable for delivery of Products, wherein the platform does
not
allow the user to place orders. We or our Logistic Partners do not provide shipping and delivery
services in such unserviceable areas and may not process your orders on the Handpickd Platform in
such
cases. In the event an area has been deemed unserviceable by us, we shall notify such user at the
time
of registration/placing an order for purchase of Products on the Handpickd Platform. You may also
verify
whether an area is unserviceable for deliveries by us by entering the relevant delivery address, on
the
Handpickd Platform.
You agree and acknowledge that to effectuate timely delivery of the
purchased Products to you we may inquire or collect specific information like your name, shipping
address, billing address, landmarks, contact details, etc. You shall ensure that all information
that is
submitted by you to us on the Handpickd Platform is true, complete, accurate and sufficient to
identify
the actual place of delivery. You understand that you shall bear absolute liability in case of any
failure by us in delivering the purchased Products due to your failure to provide correct, complete,
sufficient and accurate information at the time of placing the order. It is further clarified that
we
shall not be liable in any manner and at any point in time due to your failure to provide correct
and
complete information.
While we make reasonable endeavours in ensuring that purchased
Products are delivered to you in a timely manner and within the timeline notified to you, you accept
and
acknowledge that the delivery may be delayed on account of:
Logistical issues beyond our control;
Unsuitable weather conditions;
Political disruptions, strikes, employee-lockouts, etc.;
Acts of God such as floods, earthquakes, etc.;
Other unforeseeable circumstances.
In such events of delay, we shall make reasonable attempt to inform
you by push notification or SMS or call or email. We disclaim all liabilities that may arise on
account
of our failure to inform or notify you of delays in the delivery of purchased Products on the
Handpickd
Platform. Further, we shall be under no obligation to compensate you for any claim that may
otherwise
arise on account of delay in the shipment or delivery or use of the purchased Products.
We endeavour to engage Logistic Partners, employees, agents with the
highest regard for ethics and integrity, and behave in a fashion that exudes thorough
professionalism,
competence and good mannerism. You agree and acknowledge that the actions, inactions of delivery
individuals are not in our control, and it is not possible for us to monitor and observe each
delivery
executive. Since we are merely facilitating delivery of a Product purchased by you, we shall not be
liable for any acts or omissions on part of our delivery agents, employees, or personnel and/ or the
Logistic Partner or their employees, agents, or personnel including deficiency in service, wrong
delivery of Product, time taken to deliver the Product, Product package tampering, etc. For the sake
of
abundant clarity, it is stated that any ill-mannerism, impoliteness, discourtesy or offensiveness
shown
by our delivery executives or the employees, agents, personnel of the Logistic Partners is beyond
our
control and any issue arising between you and our delivery executive or an employee, agent,
personnel of
the Logistic Partner will have to be resolved by you, independently. You agree and acknowledge that
you
will not hold us responsible or require us to settle, mediate or resolve any disputes between you
and
the delivery personnel delivering the Products to you.
Return of purchased Products are facilitated through our reverse-Logistics
Partners. On receipt of request for return of Product on the Handpickd Platform and the same being
duly
acknowledged by us, our reverse-Logistics Partners may get in touch with you in order to collect the
purchased Products from you. We process returns and exchanges of purchased Products in accordance
with
our Cancellation, Return and Refund
Policy.
You are required to leave our delivery crates outside your door in a
secure location for us to pick up once the delivery is completed. If the crates are not returned,
charges for crate will be deducted from your wallet.
As we aim to provide no contact delivery at your doorstep without
ringing the door-bell/knocking on your door to ensure you are not disturbed, we do not take
responsibility for any damage or defect to the Products to the extent such damage or defect occurs
after
the delivery of the Product including but not limited to any damage or defect which is a result of
poor
handling, improper care, or storage of the Product. We at our sole discretion reserve the right to
refuse the return of such Products. Any decision by us in this regard shall be final and
binding.
CANCELLATION, RETURN AND REFUND POLICY
We aim to provide the best customer experience to our Users beginning from placing
an order to initiating a return. While transacting on the Handpickd Platform, you can expect a
hassle-free
experience in returning the Product that you have ordered and can rely on us as your preferred shopping
destination.
This cancellation, return and refund policy (“Policy”), together
with the Terms sets out our procedures and
policies in accepting
Product cancellation, return and refund thereof.
Terms of Cancellation of Products
Once you place the order for a Product, you cannot cancel it for any
reason. You can add or remove items from your cart before 11:00 pm. All the items placed/added in
the
cart at 11:00 PM shall be considered as final order and the process of delivery shall start
accordingly.
Terms of Return and Refund of Products
Terms of Return of Products
You may initiate return of Products via self-help tool on Handpickd Platform or
contact the customer support team within the timelines and as per the terms stipulated under this
policy, please refer Annexure A provided below this Policy. We would accept the request for return
of
such Product subject to the terms of this Policy. You may initiate the request for return of the
Product
if: (i) Product is damaged; (ii) both the Product and shipping package have been damaged; (iii)
Product
is defective or is not in working condition; (iv) the Product is of bad quality; (v) parts of the
Product or accessory is missing; (vi) the Product delivered is different from what was ordered basis
the
Product description provided on the Handpickd Platform; or (vii) you are dissatisfied with the
purchased
Product ( “Non-Compliant Product” ). The
issue has to be raised within the same day of receiving the order (or the anticipated receiving day)
till 11:00 pm, except for select scenarios ( “Refund Request/Return
Period” ).
The request for return will be denied for the Products ordered by
mistake or if customer don’t require the product due to any reason.
You shall keep the Products in its unused, original condition for a
successful return pick-up. You shall ensure that no damage has occurred post-delivery of the Product
while in your possession. We would accept the request for return of such Non-Compliant Product
subject
to the terms of this Policy. The ‘return’ tab shall be available only during the
duration of
the Return Period. In case of any complain or concern that may arise after the closure of the Return
Period, you may contact the customer care.
If you have received any Product which is subject to return in terms
of this Policy, we suggest you to immediately register a request in this regard on the Handpickd
Platform. We will in our sole discretion verify if: (a) the defects and damages in the Products or
the
non-compliances claimed in such Products are acceptable by us; or (b) such defects, damages or
non-compliances are due to our default, and will accordingly post verification, accept or reject the
request for return.
We offer a contactless return wherein you are required to leave the
product at the doorstep before the scheduled delivery the subsequent day. While we may ask you to
provide images of such damaged, defective, or Non-Compliant Product that you wish to return, we
reserve
the right to do quality check once we pick up the said Product. Upon quality check, if it is found
that
the Product fails the quality check or is different than what was delivered to you, we reserve the
rights to debit such amount from the Handpickd Wallet or take such necessary steps to prevent
further
fraudulent activity. Further to the assessment of the damage or the concern reported in the return
request, we may in our sole discretion resolve the issue subject to the assessment report, in a
manner
as we may deem fit.
Your return will be processed only when the conditions as may be
stipulated by us are fulfilled at the time of return of such Products, such as the Product being
returned in original condition including original packaging of the product, and no damage having
occurred post-delivery of the Product while in your possession etc.
You agree that we will not accept the return of any Product: (i) if
you have placed the order for a wrong product, colour or incorrect Product; (ii) if you fail to
request
return/register a complaint in relation to a Non-Compliant Product within the Return Period; or
(iii) if
you do not require the product for any reason whatsoever. Any damage to the Product caused by your
improper handling or safekeeping of the Product, or any modification or change to the Product by
you, or
a third party will not render such Product as a Non-Compliant Product and will not be considered a
quality problem and further such Product will not be eligible for return. Any decision by us in this
regard shall be final and binding.
You can return the Product(s), purchased from us provided the
Product(s) satisfy below mandatory conditions:
The Product has not been worn, cleaned or tampered with by
you;
The original packaging material is intact and not altered,
damaged or discarded by you;
Return is being initiated against the order under which it was
bought and from same account and the Product matches our records;
There is no foul odour, perfume, stains, dents, scratches,
tears or damage on the Product;
The Product(s) if bought as a set should be exchanged as the
complete set.
Products returned should be in unused, undamaged, unwashed and
in a saleable condition;
We are satisfied that the Product has not been rendered
defective or unusable;
We reserve the right to reject the return request for a Product
if it does not satisfy the aforementioned conditions.
Return of purchased Products are facilitated through our
reverse-Logistics Partners. On receipt of request for return of Product on the Handpickd Platform
after
the same is duly acknowledged by us, our reverse-Logistics Partners may get in touch with you in
order
to collect the purchased Products from you within a period of 2 (two) days.
Terms of Refund
At the time of raising a request for return the Products on the
Handpickd Platform, you may seek refund for the Non-Compliant Product.
Please be informed that when you opt to raise an issue for refund/
return of the Products, after the Logistics Partner picks up the Product and marks the Products as
picked on Handpickd Platform and upon our verification and assessment of the Products and the
documents
relating thereto, the refund amount for such Products which are eligible for refund/return as per
the
terms of this Policy, will be processed to your Handpickd Wallet within 1 (one) business days from
the
date of us verifying the defect or the non-compliance in the Product. We do not make any cash
refunds.
Your refund will be processed only when the conditions as may be stipulated by us are fulfilled, as
detailed in Clause 2.1 of this Policy. For the sake of abundant clarity, it is clarified that we
shall
not make any refund in respect of a Product that is deemed ineligible for a refund based on our
verification and assessment.
If it is found that your return/refund request is fraudulent,
Handpickd Platform reserves the right to block your account with immediate effect, and
discontinuation
of all services including and not limited to the pre-paid orders on the Handpickd Platform and will
transfer the amount from your Handpickd wallet to your source bank account within a period of 15
(fifteen) days after reconciling your wallet balance with our books of account.
You Agree and Confirm:
That in the event of a delivery failure on account of a mistake
made by you (i.e., wrong name or address or any other wrong information), Handpickd Platform shall
not
be held responsible and no refund can be claimed;
That many Products sold on the Handpickd Platform are of
perishable nature, and any spoilage of the delivered Products due to delay in collection of the
products
from your doorstep or the delivery point, Handpickd Platform shall not be held responsible for that
and
no refund could be claimed towards such spoilage;
That you will use the services provided by the Handpickd
Platform, its affiliates, consultants and contracted companies, for lawful purposes only and comply
with
all applicable laws and regulations while using and transacting on the Site.
Products under this category are non-returnable due to consumable nature
of the Products. However, in an unlikely event if you have received a Product that is
leaking, bad in taste, melted, temperature is not maintained, curdled, or if the
quality
of the Product is bad, or if the Product packaging is damaged, or if the Product delivered
is
different from what was ordered basis the Product description displayed on Handpickd, you
may
raise a request via self-help tool on Handpickd Platform or contact Handpickd customer care
for
resolution on the same day of the delivery of the Product for the abovementioned reasons,
except
for select scenarios.
Raising a request for resolution on the next day of Product delivery
will result in your request being rejected, except for select scenarios.
Fresh (Flowers, Fruits, Organic, Vegetables,)
Non-returnable
Products under this category are non-returnable due to consumable nature
of the Products. However, in an unlikely event if you have received a Product that is
rotten, unripened, hard to open, bad in taste, or if the quality of the Product is bad, or
if
the Product packaging is damaged, or if the Product delivered is different from what was
ordered
basis the Product description displayed on Handpickd, you may raise a request via self-help
tool
on Handpickd Platform or contact Handpickd customer care for resolution on the same day of
the
delivery of the Product for the abovementioned reasons, except for select scenarios.
Raising a request for resolution on the next day of Product delivery
will result in your request being rejected, except for select scenarios.
Beverages (Tender Coconut)
Non-returnable
Products under this category are non-returnable due to consumable nature
of the Products. However, in an unlikely event if you have received a Product that is
leaking, bad in taste, or if the quality of the Product is bad, or if the Product delivered
is
different from what was ordered basis the Product description displayed on Handpickd, you
may
raise a request via self-help tool on Handpickd Platform or contact Handpickd customer care
for
resolution on the same day of the delivery of the Product for the abovementioned reasons,
except
for select scenarios.
Raising a request for resolution on the next day of Product delivery
will result in your request being rejected, except for select scenarios.
PRIVACY POLICY
GENERAL
This privacy policy (“Privacy
Policy” ), together with the Terms governs your use of the Handpickd
Platform and describes our policies and procedures on the collection, use, disclosure, processing,
transfer, and storage of the information provided to us by you. By using, browsing, accessing, or
purchasing from the Handpickd Platform you agree to be bound by the terms of this Privacy Policy and
consent to the collection, storage, possession, dealing, handling, sharing, disclosure or transfer
of
your information in accordance with the terms of the Privacy Policy.
ANFA is committed to protect your / user’s privacy online. We
shall not use the User’s information in any manner except as provided under this Privacy
Policy.
Capitalised terms used herein if not defined shall have the same meaning as ascribed to them under
the
Terms.
This document is an electronic record and is governed by the
provisions under the Information Technology Act, 2000 and rules made thereunder as may be
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 Privacy Policy sets out the type of information collected from
the Users, including the nature of the Sensitive Personal Data or Information (defined hereinafter),
the
purpose, means and modes of usage of such information and how and to whom we shall disclose or
transfer
such information. You may at any time withdraw your consent for collection and use of your
information
including Personal Information (defined hereinafter) or Sensitive Personal Data or Information.
However,
please note that if you withdraw your consent, we may no longer be able to provide you with the
corresponding service for which you have withdrawn your consent. It is hereby clarified that your
decision to withdraw your consent will not affect the processing of Personal Information based on
your
previous consent prior to the withdrawal.
Please take a moment to familiarize yourself with our Privacy
Policy. If you do not agree with any provisions of the Terms or this Privacy Policy, we advise you
to
not use or access the Handpickd Platform. Our services are subject to acceptance of the Privacy
Policy
by User.
Type of Information Collected
We may ask you to provide us with certain personally identifiable
Information. We may collect this information through various means and in various places through the
Services, including account registration forms, contact us forms, or when you otherwise interact
with
us. When you sign up to use the Services, you create a User profile. We shall ask you to provide
only
such Information which is for lawful purpose connected with our Services and necessary to be
collected
by us for such purpose.
The current data fields that might be requested for are:
Mandatory Fields:
- Mobile Number
-Address including House No. / Flat No, Tower / Block / Lane,
Society / Locality Name and GPS coordinates
Optional fields/information
- Email
- Name and Surname
-Demographic information (age / gender / occupation /
education)
In addition to any personally identifiable information or other
information that you choose to submit to us, we may use a variety of technologies that automatically
(or
passively) collect certain information whenever you visit or interact with the services. This Usage
Information may include the browser that you are using, the URL that referred you to our services,
all
of the areas within our Services that you visit, and the time of day, among other
information.
Our Services are primarily provided through the mobile application.
We may collect and use technical data and related information, including but not limited to,
technical
information about your device, system and application software, and peripherals, that is gathered
periodically to facilitate the provision of software updates, product support and other services to
you
(if any) related to such mobile applications.
You may be asked to provide your information at the time of
on-boarding or at anytime you visit, access, use or browse the Handpickd Platform. We may share
information and use it consistent with the provisions of this Privacy Policy. We may also combine it
with other information to provide and improve our Products, Services, content and
advertising.
You agree to provide information, which shall be true, correct, up
to date and accurate. You may access, amend, alter or require deletion of your information partially
or
fully by contacting us at customerservice@Sorted.com.
We may collect a variety of information from you, including your
first name, last name, phone, registration IP, email ID, address (unit, floor, tower, society city,
latitude, longitude), device OS, UDID, device (push ID), device model, device manufacturer, device
is
virtual, device OS version, bank account number, bank IFSC code, beneficiary name, customer ID proof
images. We may collect such information which when combined with other pieces of information
available
with us could reasonably allow you to be identified (“Personal Information”). Personal
Information shall include but is not limited to your full name, personal contact numbers,
residential
address, email address, gender, or date of birth. Towards proof of delivery, the Logistics Partner
may
click a picture of your doorstep and the same shall be uploaded on your account on Handpickd
Platform.
It is also clarified that we may be required to obtain access to your camera and gallery application
on
your handheld telephone device to upload picture for addressing customer concern or initiating a
return
or replacement.
We may also collect, receive, process or store certain sensitive
personal data or information consisting of, but not limited to:
Password;
Financial information such as bank account or credit card or debit
card or other payment instrument details;
Physical, physiological and mental health condition;
Any detail relating to the above Personal Information categories as
provided to us for providing service; and
Any of the information received under above Personal Information categories by
us for processing, stored or processed under lawful contract or otherwise. (Collectively, referred
to
as “Sensitive Personal Data or Information”).
Handpickd Platform is not directed towards minors. We do not
knowingly collect Personal Information from any User who is under 18 (eighteen) years. If we are
made
aware that we have collected the Personal Information of a person below the age of 18 (eighteen)
years,
we will take steps to delete the information within a reasonable time frame. If a parent or guardian
becomes aware that his or her child has provided his/ her information on the Handpickd Platform
without
their consent, he or she shall contact us for the deletion of such information. In the event, where
in
contravention to the Privacy Policy and Terms, a person below the age of 18 (eighteen) uses the
services, we shall not be held liable or responsible for any damage or injury suffered by such
person.
Use of Information Collected
We may collect, use or process your information including Personal
Information and Sensitive Personal Data or Information for the following purposes:
For creating and giving you access to your registered account on the
Handpickd Platform;
To develop, deliver, process and improve our Products, services,
content in order to personalize and improve your experience;
To inform you about our Products, services, offers, updates,
upcoming events, including providing you information in relation to order confirmations, invoices,
technical notices, security alerts;
For internal analytical and research purposes such as auditing, data
analysis and research to improve Our Products, services and customer communications;
To meet any legal or regulatory requirement or comply with a request
from any governmental or judicial authority;
To confirm delivery of products at your doorstep;
To resolve any request, dispute, grievance or complaint raised by
you in relation to your use of the Handpickd Platform;
To detect or monitor any fraudulent or illegal activity on the
Handpickd Platform.
Disclosure of Information Collected
We may from time to time be required to disclose the information
collected from you to our trusted third-party service providers who assist us in order to facilitate
the
Provision of Services and purchase of Products on the Handpickd Platform. For instance, we may share
your information with third-party payment gateway providers to process transactions on the Handpickd
Platform. By using the Handpickd Platform, you consent to any such disclosure of your information
with
third-party service providers. We ensure that such third-party service providers are bound by
reasonable
confidentiality obligations and/ or use, maintain and follow generally accepted industry and
security
standards with respect to such information.
We may also disclose your information when such disclosure is
requisitioned under any law or judicial decree or when we, in our sole discretion, deem it necessary
in
order to protect our rights or the rights of other Users, to prevent harm to persons or property, to
fight fraud and credit risk.
We may also disclose or transfer your information to any third-party
as a part of reorganization or a sale of the assets, division or transfer of a part or whole of us.
We
shall ensure that third-parties to which we transfer or sell our assets will have appropriate
confidentiality and security measures, at least as protective as those described in this Privacy
Policy,
to handle your Personal Information. You will have the opportunity to opt out of any such transfer
if
the new entity's planned processing of your information differs materially from that set forth
in
this Privacy Policy.
A third party payment gateway provider may be required to collect certain
financial information from you including, but not restricted to, your credit/debit card number or
your
bank account details (collectively referred to as “Financial
Information” ). All Financial Information collected from the you by
such third-party payment gateway providers will be used only for billing and payment processes. The
Financial Information collected from you is transacted through secure digital platforms of approved
payment gateways which are under encryption, thereby complying with reasonably expected technology
standards. The verification of the Financial Information shall be accomplished only by you through a
process of authentication in which we shall have no role to play and hence, we shall bear no
liability
in relation to the same. We shall neither be liable nor responsible for any actions or inactions of
third-party payment gateway providers or any breach of conditions, representations and warranties
given
by them. We shall also not be obligated to mediate or resolve any dispute or disagreement between
you
and such third-party payment service providers.
While we take best efforts to ensure that your information including
Personal Information, Financial Information and Sensitive Personal Information or Data is duly
protected
by undertaking security measures prescribed under applicable laws, you are strongly advised to
exercise
reasonable discretion while providing Personal Information or Financial Information while using the
services given that the Internet is susceptible to security breaches.
Your information may also be transferred, stored or processed in any
country other than the one where you access the Handpickd Platform. For purposes of sharing or
disclosing data in accordance with the Privacy Policy, we reserve the right to transfer your
information
outside of your country. By using the Handpickd Platform, you consent to such transfer of your
information outside of your country and also within our affiliates, subsidiaries and partners whose
personnel and subcontractors, provided they have agreed to ensure the same level of data protection
as
prescribed under this Privacy Policy and the data protection laws of India. The information may be
transferred in the event it is necessary for the performance of the services, operation of the
Handpickd
Platform and provision of Products as agreed upon between us and the third party.
Security
The security of your Personal Information is important to us. We
have implemented security policies, rules and technical measures, as required under applicable law
including firewalls, transport layer security and other physical and electronic security measures to
protect the Personal Information that it has under its control from unauthorized access, improper
use or
disclosure, unauthorized modification and unlawful destruction or accidental loss. When you submit
your
information on the Handpickd Platform, your information is protected through our security systems.
Please note that we use international and industry-recognized standards such as per applicable laws,
rules and regulations.
Your information is contained within secured networks and is only
accessible by a limited number of authorized persons who have access rights to such systems or
otherwise
require such information for the purposes provided in this Privacy Policy. These authorized persons
are
also under an obligation to keep such information confidential.
Although we make best possible efforts to transmit and store all the
information provided by you in a secure operating environment that is not open to public, you
understand
and acknowledge that there is no such thing as complete security and we do not guarantee that there
will
be no unintended disclosures of any information and potential security breaches. You agree not to
hold
us responsible for any breach of security or for any action of any third parties that receive your
Personal Information or events that are beyond our reasonable control including, acts of government,
computer hacking, unauthorized access to computer data and storage device, computer crashes, breach
of
security and encryption, etc.
Cookies Policy
Due to the communications standards on the Internet, when you visits, access or
browse the Handpickd Platform, we automatically receive the uniform resource locator of the site
from
which such you visit, access or browse the Handpickd Platform, details of the website you visit on
leaving the Handpickd Platform, the internet protocol
( “IP” ) address of each User’s computer
operating system, type of web browser the User is using, email patterns, and the name of the
User’s internet service provider. This information is used solely to analyse overall User
trends
and to help us improve our services. Please note that the link between the User’s IP address
and
the User’s personally identifiable information is not shared with third parties without such
User’s permission or except when required by law or to provide or facilitate the User with the
services. Notwithstanding the above, the User acknowledges that we reserve the right to share some
of
the aggregate findings, including the personal information provided by the Users in an
unidentifiable,
aggregate form, and not the specific data with advertisers, sponsors, investors, strategic partners,
and
others in order to help grow the business. The amount of information sent to us depends on the
settings
of the web browser used by the User to access the platforms. The User may refer to the browser used,
if
the User wishes to learn what information is provided to us.
The Handpickd Platform uses temporary cookies to store certain data.
We do not store Personal Information in the cookies. Information collected by us, by any means
whatsoever, that does not personally identify the User as an individual (such as patterns of
utilization
described above) is exclusively owned by us and may be used by us and third party service providers
for
technical administration of the platforms, user administration, research, development, and other
purposes.
You understand that you may set or amend your web browsers to delete
or disable cookies. If you choose to disable cookies on your computer or mobile telecommunication
device, it may impair, degrade or restrict access to certain areas of the Handpickd Platform, or you
may
not be able to use the certain services of the Handpickd platform.
We may allow other companies or entities to serve advertisements to
you. These companies or entities include third party advertisement servers, advertisement agencies,
advertisement technology vendors and research firms. We may target some advertisements to you that
fit a
certain general profile. We do not use Personal Information to target advertisements to you. In the
course of serving advertisements or optimizing the services to its Users, we may allow authorised
third
parties to place or recognize a unique cookie on the User’s browser.
You agree and understand that we do not exercise control over third
party websites displayed as search results or links on the Handpickd Platform. These other sites may
place their own cookies or other files on the Users’ computer, collect data or solicit
personal
information from the Users, on which we have no control and shall not be held responsible or liable.
We
do not make any representations concerning the privacy practices or policies of such third parties
or
terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the
information, data, text, software, sound, photographs, graphics, videos, messages or other materials
available on such websites. The inclusion or exclusion does not imply any endorsement by us of such
websites, the websites’ provider, or the information on the website.
We may keep records of telephone calls received from and made to
Users for the purpose of administration of services, research and development, quality, training,
business intelligence, business development, or for User administration. We may share such telephone
records with third parties when required by law or when required to provide or facilitate the User
with
the services.
You consent to our reproduction/publishing of all testimonials and
reviews given by you on the Handpickd Platform in relation to the services or the Products. You
agree
and consent that we may edit the testimonials and reviews provided by you and reproduce/publish such
edited or paraphrased versions of the testimonials and reviews on the Handpickd Platform. If the
User
has any concerns with the reproduction/publication of any testimonial or review provided by you, the
User may contact us at customerservice@Sorted.com.
Opt-Out Policy
The third-party service providers with whom we may share information
provided by you are not permitted to market their own services or send promotional e-mails or engage
in
promotional communication with you. We provide you with the opportunity to opt-out of receiving
non-essential, promotional, or marketing-related communication from itself or its partners.
If you wish to remove your contact information from all our mailing
lists and newsletters, you can click on the "unsubscribe" link or follow the instructions
in
each e-mail message. Alternatively, you can contact us at customerservice@Sorted.com. We
reserve
the right to limit accessibility to Handpickd Platform based on availability of contact information.
All
Users will be notified by email prior to any actions taken.
Retention of information
We will retain your information and any data for the period
necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is
required or permitted under the applicable law.
Modification
We reserve the right to amend this Privacy Policy at any time
without prior information/intimation to the users. The Privacy Policy, as and when modified, shall
be
updated on the Handpickd Platform. We encourage you to review this Privacy Policy every time you
visit
our Handpickd Platform to understand how your Personal Information is used.
MISCELLANEOUS
WAIVER
No provision in these Terms of Use will be deemed waived and no
breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to,
or
waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or
excuse for any other different or subsequent breach.
SEVERABILITY
If any provision of these Terms of Use is held by a court of
competent jurisdiction to be unenforceable under applicable law, then such provision will be
excluded
from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such
provision
were so excluded and will be enforceable in accordance with its terms; provided however that, in
such
event, these Terms of Use will be interpreted so as to give effect, to the greatest extent
consistent
with and permitted by applicable law, to the meaning and intention of the excluded provision as
determined by such court of competent jurisdiction.
AMENDMENT
These Terms of Use are subject to amendments and modifications and
may be updated from time to time, without any advance notice. You are requested to regularly review
the
Terms of Use as available on Handpickd Platform. Your relationship with the Handpickd Platform will
be
governed by the most current version of these Terms of Use, as published on Handpickd
Platform.
FORCE MAJEURE
We will not be held responsible for any delay or failure to comply
with its obligations if the delay or failure arises from any cause which is beyond our reasonable
control.
GOVERNING LAW AND DISPUTE RESOLUTION
You and Us shall endeavour to amicably, through discussions, settle
and resolve any dispute or difference arising out of or in relation to this Agreement
(“Dispute”) within 15 (fifteen) days from the commencement of such Dispute. In case of
such
failure, the Dispute shall upon the expiry of the aforesaid period, be referred to e-arbitration to
be
conducted by a sole arbitrator, who shall be jointly appointed by the You and Us from the panel of
available e-arbitrators. All arbitration proceedings may be conducted through mode available on the
internet or any other information and communication technology (including but not limited to video
call
system, telephone or mobile, fax, e-mail facilities) which can be beneficially used to solve
disputes.
All Arbitration proceedings shall be held in accordance to the provisions of Arbitration and
conciliation Act, 1996. The Language of Arbitration shall be English. The arbitral award shall be
final
and binding on the Parties. The award may include costs, including reasonable advocates’ fees
and
disbursements.
Subject to the arbitration clause above, the Parties agree to submit
to the exclusive jurisdiction of competent courts at Gurgaon, India
GRIEVANCE OFFICER
In accordance with the applicable law, any grievances which you may
have with respect to the information shared by you with us hereunder and its treatment or any
grievance
related to Services being availed hereunder, may be directed by you to such grievance officer at the
below mentioned coordinate: