Terms of service

I. General

These terms of use (the “Terms of Use”) govern your use of our website www.noshgourmetfoods.com/ (the “Website”). Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Website. By using the Website, you shall be contracting with Nosh Gourmet Foods and you signify your acceptance to the Terms of Use and other policies (including but not limited to the Privacy Policy) as posted on the Website from time to time, which takes effect on the date on which you use the services, and create a legally binding arrangement to abide by the same.

The Website is operated and owned by Nosh Gourmet Foods, a sole proprietorship and having its office at Unit no 24, A to Z industrial estate, GK Marg, Lower parel, Mumbai 400013. For the purpose of these Terms of Use, wherever the context so requires, “you” shall mean any natural or legal person who has agreed to become a buyer or customer on the Website by providing Personal Information while registering on the Website as a registered user using any computer systems. The terms “Nosh Gourmet foods, “we”, “us” or “our” shall mean Nosh Gourmet foods.

Nosh Gourmet foods is engaged in the business of food product retail trading and allows buyers (“Buyer/s”) to browse various goods and services (“Products”) offered for sale (“Services”). The Buyers can choose and place orders (“Orders”) from variety of Products listed and offered for sale on the Website and Nosh Gourmet foods enables delivery of such Orders at [select localities of India (“Delivery Services”)].

II. Amendments

These Terms of Use may be updated or modified at any time. We reserve the right to change or update these Terms, along with other NoshGourmet Foods policies, by posting the revised version on the Website. It is your responsibility to regularly check for any changes. Continued use of the Website and services after any modifications are posted will be deemed as your acceptance of the updated Terms and policies.

As long as you comply with these Terms, Nosh Gourmet Foods grants you a limited, non-exclusive, non-transferable right to access and use the Website. By accepting these Terms, you also agree to be bound by all other applicable policies of Nosh Gourmet Foods (including, but not limited to, the Privacy Policy), as may be updated from time to time.

III. Use of Website and Services

The Website may contain links to third-party websites. Please note that any personal information you provide on these external sites is not governed by this Privacy Policy. Nosh Gourmet Foods has no control over, and assumes no responsibility for, the content or practices of these third-party websites.

Additionally, this Policy does not apply to any information you voluntarily disclose to our service providers or personnel that is not required under this Policy.

III. Information We Collect From You

(i) Product Pricing
All products listed on the Website are sold at the Manufacturer's Recommended Price (MRP), unless otherwise stated. Prices are subject to change with or without notice. You agree to pay the price applicable at the time of delivery.

(ii) Product Information & Vendor Responsibility
NoshGourmet Foods makes no representations or warranties regarding the specifics (such as legal title, creditworthiness, or identity) of any Manufacturers, Producers, or Vendors listed on the Website. We strongly advise you to independently verify the credibility of any Manufacturers, Producers, or Vendors whose products you choose to purchase and to exercise your best judgment.

(iii) Product Images & Information
The product images displayed on the Website are for reference only. While we make reasonable efforts to ensure the accuracy of the information presented, actual product packaging, size, weight, MRP, and other product details may differ from what is shown on the Website. We recommend that you do not rely solely on the information presented here.

(iv) No Warranty on Products or Services
Nosh Gourmet Foods does not provide any representations, guarantees, or warranties regarding the specifics (such as quality, value, or saleability) of products or services offered on the Website. We neither explicitly nor implicitly endorse or support the sale or purchase of any products or services listed. Nosh Gourmet Foods is not liable for any errors or omissions on the part of Manufacturers, Producers, or Vendors.

(v) Role of Nosh Gourmet Foods & Buyer Complaints
Nosh Gourmet Foods serves as a retailer procuring products from Manufacturers, Producers, and Vendors. If you have complaints related to product efficacy, quality, or other issues, you may report them via the Website. The relevant Manufacturers, Producers, or Vendors will be responsible for addressing these concerns. We will assist you to the best of our abilities by providing details such as the Manufacturer, Producer, or Vendor contact information, and specific order details to facilitate resolution.

(vi) Call Recording & Communication
Nosh Gourmet Foods may contact you via telephone, SMS, email, or other electronic messaging systems to offer information about our services or request feedback. Any calls made by Nosh Gourmet Foods, either directly or through a third-party service provider, may be recorded for internal training, quality purposes, or to address any order-related queries.

GENERAL USE OF THE WEBSITE

Prohibited Actions
You agree not to host, display, upload, modify, publish, transmit, update, or share any content that:

(a) Belongs to someone else and to which you do not have any rightful claim.
(b) Is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, or unlawful in any way. This includes content that promotes hate speech, racism, bigotry, or physical harm against any group or individual, as well as content that is connected to illegal activities like money laundering or gambling.
(c) Is misleading or falsely represents facts.
(d) Contains offensive content that could be deemed inappropriate by the online community, including sexually explicit material or content that incites violence or hatred.
(e) Harasses or advocates for the harassment of another individual.
(f) Involves the dissemination of “junk mail,” “chain letters,” or unsolicited mass communication or “spamming.”
(g) Promotes any illegal activities or contains content that is abusive, threatening, defamatory, or libelous.
(h) Infringes upon or violates the intellectual property or privacy rights of others.
(i) Provides unauthorized copies of someone else’s copyrighted work or information on bypassing copyright protections.
(j) Includes restricted or password-protected access pages or hidden pages or images that are not linked to any other accessible page.
(k) Exploits individuals in a sexual, violent, or otherwise inappropriate manner or solicits personal information from others.
(l) Contains information about illegal activities such as making illegal weapons or violating someone’s privacy.
(m) Includes images or videos of others without their explicit consent.
(n) Attempts to gain unauthorized access or exceeds permitted access to the Website or related systems.
(o) Engages in commercial activities without prior written consent from Nosh Gourmet Foods, such as advertising, contests, or sales-related promotions.
(p) Solicits or engages in gambling activities that are illegal or could be interpreted as such.
(q) Disrupts or interferes with the use and enjoyment of the Website for other users.
(r) Refers to external websites or URLs that contain inappropriate or prohibited content.
(s) Causes harm to minors in any form.
(t) Violates any intellectual property rights, trade secrets, or privacy rights.
(u) Breaches any applicable laws.
(v) Misleads or causes harm to other users.
(w) Impersonates another person or misrepresents your affiliation with any person or entity.
(x) Contains harmful software such as viruses, worms, or other malicious code.
(y) Threatens the unity, integrity, security, or sovereignty of India or violates public order.
(z) Is false, inaccurate, or deceptive.
(aa) Directly or indirectly offers or attempts to trade items that are prohibited or restricted under applicable law.
(bb) Causes liability or disrupts our service providers or other related entities.

Unauthorized Access

You shall not use any automated methods like “deep-links,” “page-scrapes,” or other similar tools to access or copy parts of the Website without permission.
Any attempt to gain unauthorized access to any section of the Website or related networks is prohibited.
Probing or testing the Website’s security systems without authorization is not allowed.

Content and Conduct

You must not make defamatory statements about Nosh Gourmet Foods, its brand, or its domain.
You agree not to interfere with the normal operation of the Website or other users’ experiences.
Forging headers or impersonating others to disguise the origin of a message is prohibited.
The Website should not be used for unlawful purposes or activities.

Compliance and Responsibility

You must comply with all relevant laws, including domestic and international regulations concerning taxes, goods, and services.
Advertising or soliciting other users without explicit permission is forbidden.
Nosh Gourmet Foods reserves the right to monitor and take action against content that violates the Terms of Use.

User Interactions and Security

Be cautious about sharing personal information on the Website, as Nosh Gourmet Foods is not responsible for unauthorized use of publicly disclosed information.
Other users or unauthorized individuals might post offensive content or misuse personal information.

Legal Action

Nosh Gourmet Foods reserves the right to take necessary legal action and claim damages in cases of unauthorized activities like DoS/DDoS attacks or hacking.

V. BOOKINGS AND FINANCIAL TERMS

(i) The Website allows you to place Order bookings, and we will, subject to these terms and conditions, facilitate the delivery of such Orders. Nosh Gourmet Foods reserves the right to accept or decline your Order bookings at its sole discretion, and fulfillment is contingent upon stock availability. While Nosh Gourmet Foods will make sincere efforts to fulfill Orders, there is no binding obligation to do so under circumstances beyond our control, as detailed below.

(ii) Nosh Gourmet Foods does not manufacture or produce the products listed on the Website. You acknowledge that any Order you place is subject to the terms outlined in these Terms of Use, including but not limited to product availability and the serviceability of the delivery location.

(iii) Generally, all Orders placed on the Website are treated as confirmed.

(iv) However, after successfully placing an Order, we may contact you via phone or mobile to confirm the Order details and price. For this purpose, you will need to provide certain information, including but not limited to: (i) your first and last name, (ii) mobile number, and (iii) email address. It is your sole responsibility to notify us of any incorrect details.

(v) Additionally, we may contact you by phone or email to inform and confirm any changes to the Order due to product availability or price adjustments.

(vi) All payments for purchases or services on the Website must be made in Indian Rupees. The Website does not support transactions in any other currency. Payment can be made via: (i) credit card, debit card, or net banking; (ii) any other RBI-approved payment method at the time of booking an Order; or (iii) credit or debit card, or cash upon delivery. You acknowledge and agree that the payment facility provided by Nosh Gourmet Foods is not a banking or financial service but merely a facilitator for electronic payment, collection, and remittance using authorized banking and credit card payment gateway networks. Nosh Gourmet Foods acts neither as a trustee nor in a fiduciary capacity concerning the transaction or transaction price.

(vii) You agree to pay the full amount for the Order placed on the Website.

(viii) You are also responsible for any additional charges and applicable taxes related to each transaction.

(ix) For your Order, you will be required to provide customary billing information such as your name, billing address, and credit card details, either directly to us or through our third-party payment processor. You agree to pay for the Order in accordance with these Terms using the payment methods described in clause V (vi). By placing an Order, you authorize us to charge your credit card either directly or via a third-party payment processor. If directed to a third-party processor, you may be subject to their terms and privacy policy, which should be reviewed before using their services. Once your booking is confirmed, you will receive a confirmation email summarizing your Order.

(x) All products listed on the Website will be sold at the MRP unless otherwise specified. Prices at the time of ordering will be the prices charged on the Order booking date. While most product prices remain stable, some commodities may fluctuate daily.

(xi) The manufacturer/producer is solely responsible for any product warranty or guarantee. Nosh Gourmet Foods, as a reseller, bears no responsibility for these warranties.

VI. CANCELLATIONS AND REFUNDS

(i) CANCELLATIONS

(a) Once you have made an online payment for a specific Order/product, you will not be able to cancel the delivery.

(b) If an item in your Order is unavailable, we will contact you using the phone number provided at the time of placing the Order to inform you of the unavailability. In such cases, you may cancel the Order and will be eligible for a refund according to our refund policy.

If the designated delivery address falls outside our serviceable delivery zones.
If we are unable to contact you via phone or email to confirm the Order.
If we are unable to deliver your Order due to insufficient information, direction, or authorization from you at the time of delivery.
If the items you ordered are unavailable at the time of booking.
If the delivery person is unable to enter your compound, community, or society, or due to any other reasons beyond our control, including but not limited to law and order situations.

(ii) REFUNDS

(a) You are eligible for a refund only if you pre-paid for your Order on the Website and under the following circumstances:

If your Order packaging is tampered with, damaged, or spilled at the time of delivery, and you do not accept the delivery.
If we cancel your Order due to (A) your delivery location being outside our designated zones, or (B) our inability to contact you via phone or email at the time of confirming the Order.
If you cancel the Order at the time of confirmation due to the unavailability of items at the time of booking.

(b) All decisions regarding refunds, including their applicability, will be at our sole discretion and will be final and binding.

(c) Refunds will be processed back to the original payment source. It may take 3-21 working days for the refunded amount to reflect in your bank account, depending on your bank’s policies.

(d) If payment is made at the time of delivery, you will not be required to pay for:

Orders where the packaging has been tampered with, damaged, or spilled.
Incorrect Orders delivered.
Items missing from your Order, for which you will not be charged.

(e) You are entitled to return products in the following cases:

Incorrect Order delivered.
Items that are substantially damaged or have deteriorated in quality. Please note that no returns will be accepted once the product packaging is opened or if the product has been partially or fully consumed.

VII. TERMS OF SERVICE

Our liability ends once your Order has been delivered.
We do not offer refunds for goods already purchased unless the error is directly attributable to us during the purchase process.
We strive to provide accurate information on the Website. In case of an error, we may contact you with further instructions at our discretion.
Use of the Website is at your own risk.
You agree to use the Website for legitimate purposes and must not cause any financial or other losses to Nosh Gourmet Foods. If we suspect that the Website is being misused to cause or attempt to cause loss, we reserve the right to report such actions to law enforcement agencies and take necessary actions to prevent or address such misuse.

VIII. NO ENDORSEMENT

We do not endorse any Manufacturer or Producer. Additionally, while these Terms of Use require you to provide accurate information, we do not attempt to confirm, nor do we confirm, any purported identity.

IX. GENERAL TERMS OF USE

Individuals deemed "incompetent to contract" under the Indian Contract Act, 1872, such as minors and undischarged insolvents, are not eligible to use the Website. Only individuals who are 18 years or older may access the Website and avail of its Services. If you are under 18 and wish to use the Website, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should they fail to agree or acknowledge, you must discontinue use immediately. Nosh Gourmet Foods reserves the right to restrict access if it is brought to our attention that you are under 18.
You are responsible for keeping your user identification code, password, and any other security information confidential. We reserve the right to disable any user identification code or password if you fail to comply with any provisions of these Terms of Use.
As we provide services in selected cities in India, we comply with applicable Indian laws. Accessing the Website from outside India or outside our delivery zones is entirely at your own risk. We make no representations that the Website and its contents are suitable for use outside the designated service areas. Users accessing the Website from other locations are responsible for compliance with local laws and regulations.
You are responsible for ensuring that anyone accessing the Website through your computer or mobile device is aware of and complies with these Terms of Use and Nosh Gourmet Foods' policies.
You understand that using the Services does not include the provision of necessary equipment like a computer or mobile device or internet connectivity. You are responsible for any costs associated with accessing the Website.
You consent to receive promotional SMS and emails from Nosh Gourmet Foods or affiliated partners. To opt-out, please email noshgourmetfoods@gmail.com.
By using the Website, you represent and warrant that: (a) All registration information you provide is accurate, lawful, and truthful. (b) Your use of the Website is for personal purposes, and you will not authorize others to use your account. You are responsible for all content published or displayed through your account and must comply with all applicable laws and regulations. (c) You will not submit or distribute any content that is defamatory, abusive, harassing, threatening, or otherwise unlawful or offensive. (d) You will not use the Website in any way that is unlawful or harmful to us or others. (e) You will not upload any software or files that contain viruses or other harmful components. (f) You will not use another person’s account information or impersonate any person or entity. (g) You will not engage in disruptive or destructive acts like spamming or trolling. (h) You will not modify or delete any legal notices or proprietary content on the Website. (i) You will not post or transmit any obscene, indecent, or offensive content. (j) You will not access the Website without authorization or interfere with its functioning.

You agree to indemnify Nosh Gourmet Foods and its representatives from any liabilities arising from your actions on the Website.

X. ACCESS TO THE WEBSITE, ACCURACY, AND SECURITY

We strive to make the Website available continuously, but do not guarantee uninterrupted, timely, or error-free access. We do not warrant that the Website will be free from viruses or other harmful components.
We do not guarantee compatibility with all hardware and software. We are not liable for any damages or viruses that may affect your equipment due to your use of the Website.
We do not warrant the accuracy or reliability of the information available on the Website.
We reserve the right to suspend or withdraw access to the Website at any time without notice. Suspended users may not register or use the Website until reinstated.

XI. DISCLAIMERS

The Website is subject to ongoing upgrades, and some functions and features may not be fully operational.
Due to the nature of electronic information distribution and the limitations of sourcing information from multiple providers, delays, omissions, or inaccuracies may occur in the content provided on the Website or in its functionality. Consequently, we do not guarantee the accuracy of the information posted.
We expressly disclaim any liability for unauthorized use of credit or debit cards.
You acknowledge that third-party services are available on the Website. We may collaborate with these third parties to facilitate certain services. However, we do not represent or warrant the quality or reliability of any third-party services and are not liable for any consequences or claims arising from such services, including injury or impairment. You hereby waive any claims against us regarding third-party services.
Nosh Gourmet Foods disclaims all liability for issues related to products on the Website. We are not responsible for warranties, guarantees, post-sale claims, or the genuineness of listings, as we act solely as a retailer procuring products from manufacturers, producers, or vendors. All claims related to products, including liability, damages, or injuries from consumption, should be directed to the respective manufacturer, producer, or vendor. Nosh Gourmet Foods can assist in providing additional information if available.
The materials on the Website are intended to provide accurate information; however, we make no guarantees or warranties, express or implied, regarding the professional qualifications, expertise, or quality of work described herein. We do not endorse any services offered, and we are not liable for any decisions or actions taken based on this information.
The information provided is "as is." We make no warranty regarding the timeliness, accuracy, or completeness of any data or information provided. Users should use their judgment when using this information and absolve us of any liability for their actions.
We are not liable for any losses or injuries arising from the information provided on the Website. Neither we nor our employees, affiliates, authors, or agents will be liable for decisions or actions based on this content.
We are not responsible for damages, including direct, indirect, incidental, special, or consequential damages, resulting from services provided by third parties accessed through the Website.
Notwithstanding any contrary provisions, neither Nosh Gourmet Foods, its affiliates, officers, employees, nor any related parties will be liable for any damages arising under these Terms and Conditions or the use of the Website. Our maximum liability to you is limited to the amount you paid for the service. To the maximum extent permitted by law, you waive all claims against Nosh Gourmet Foods and its affiliates for any losses or damages arising from your use of the Website.

XII. INTELLECTUAL PROPERTY

We own, control, or have licensed the copyright, trademarks, and all other intellectual property on this Website, including but not limited to its design, layout, text, images, and links. We hold the rights or a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable license to exercise these intellectual property rights on the Website and its published materials.
Users may post reviews, comments, questions, suggestions, or other information ("User Content") on the Website. By submitting User Content, you ensure it does not infringe third-party intellectual property rights and grant Nosh Gourmet Foods a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use such content.
You may print or download extracts from the Website for personal reference and share materials with others in your organization.
You must not modify the paper or digital copies of any materials you print or download, and you must not separate any illustrations, photographs, video, or audio sequences from accompanying text.
You may not use any part of the Website's materials for commercial purposes without obtaining a license from us or our licensors.
If you breach these Terms of Use by printing, copying, or downloading any part of the Website, your right to use the Website will cease immediately, and you must return or destroy any copies of the materials.

XIII. THIRD PARTY CONTENT

We cannot guarantee that other users will comply with these Terms of Use. You assume all risk of harm or injury from others' non-compliance.
When you access links that leave the Website, you acknowledge that those sites are not controlled by us and may have different terms of use and privacy policies. We are not responsible for third-party sites. We reserve the right to disable links to or from third-party sites but are not obligated to do so.

XIV. SEVERABILITY

If any part of these Terms of Use is found to be illegal, invalid, or unenforceable under the laws of any state or country where these terms are intended to be effective, that part will be severed and deleted. The remaining terms will remain in full force and effect and continue to be binding and enforceable.

XV. NON-ASSIGNMENT

You may not assign or transfer your contract with us to any other person.

XVI. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use are governed by the laws of India. Any legal action or proceeding related to the Website will be subject to the jurisdiction of the courts in Delhi, India.

Country/region

Terms of service