Take Grocery Marketplace Terms and Conditions:
Take Grocery is the provider of online marketplace service, where merchandises are displayed online by the various registered merchants (hereinafter “Merchant” or “Merchants”) for sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. The actual contract for sale is directly between the Merchant and you. Take Grocery provides the services of listing catalogs, pricing, shipping, etc. which is informational and it is up to you to follow it or not. Take Grocery may help facilitate the resolution of disputes through various modes. Take Grocery has no control over
- the existence, quality, safety or legality of items displayed;
- the accuracy of third-party content or listings including that of registered Merchants;
- the ability of Merchant’s or sellers to sell items;
- the ability of buyers to pay for items.
Take Grocery does not, at any point in time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does Take Grocery, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online marketplace service, you explicitly agree and acknowledge that:
Take Grocery is not a warrantor of the products/ services being offered on the Take Grocery Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned in the product details. You acknowledge that Take Grocery gives no warranty/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services
The price of products offered on the Take Grocery Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. Take Grocery does not either directly or indirectly influence the price of the products offered by the Merchant partner. Take Grocery is not liable for any manufacturing defect, faulty product received warranty claims, after sales service for any of the products purchased on the Take Grocery Platform. Take Grocery is not linked with any warranty, guarantee, post-sale claims, the genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. Take Grocery will make best efforts to assist customers in issue resolution including a refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of the wrong product.
The price of products offered on the Take Grocery Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. Take Grocery is not liable for any manufacturing defect, faulty product received warranty claims, after sales service for any of the products purchased on the Take Grocery Platform. Take Grocery is not linked with any warranty, guarantee, post-sale claims, the genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. Take Grocery will make best efforts to assist customers in issue resolution including a refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of the wrong product.
The Take Grocery Platform makes available general third-party information such as product catalogs, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from Take Grocery. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Take Grocery does not provide any guarantee with respect to any of the Third Party Content and Take Grocery shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
- Cancellation by Take Grocery: There may be certain orders that Take Grocery’ Merchant partners are unable to accept and service and these may need to be canceled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, problems identified by Take Grocery’s credit and fraud avoidance department or due to any major technical snag. Take Grocery may also require additional verifications or information before accepting any order. Take Grocery will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card/bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Take Grocery.
- Cancellation by the customer: In case of requests for order cancellations, Take Grocery reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Take Grocery receives a cancellation notice and the order has not been processed/ approved by Take Grocery, Take Grocery shall cancel the order and refund the entire amount to you instantly. Take Grocery will not be able to cancel orders that have already been partially or fully processed. Take Grocery has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by Take Grocery and accept Take Grocery’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, the refund shall be made subject to the return process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good saleable condition.
- Take Grocery reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Take Grocery as per certain criteria. AnyTake Grocery promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with any of the below-mentioned criteria, which includes but is not limited to:
- Products ordered are not for self-consumption but for commercial resale;
- Multiple orders placed for same product at the same address;
- Bulk quantity of the same product ordered;
- Invalid address given in order details; or
- Any malpractice used to place the order.
Promo codes shall be subject to specific terms and conditions, from time to time, and Take Grocery may disallow usage which breaches such terms and conditions.
Delivery of the Product: Your shipping address and pin code will be verified with the database of Take Grocery for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by our logistics partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Take Grocery, in such cases, Take Grocery will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, Take Grocery would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in a single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses. Products shall be delivered by the Courier Partner at the address given by the customer while making the purchase and Take Grocery shall be not be held responsible in case the address shared was incorrect.
At the delivery time our dilevery boy taken a photo with customer to handed over are items for only a proof of delivery is to right person and right address.
- In the event, you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.
- Upon receiving your complaint, Take Grocery shall verify the authenticity and the nature of the complaint. If Take Grocery is convinced that the complaint is genuine, Take Grocery will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, Take Grocery reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Take Grocery in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and Take Grocery shall not in any manner be held liable for the same.
- Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, Take Grocery requests you to refuse to accept delivery and inform Take Grocery at the earliest. The return process of the product may be restricted by Take Grocery depending on the nature and category of the product.
- In order to return any products sold through the Take Grocery Platform, you are required to comply with the following conditions:
- For non-damaged/ non-defective product, you shall be allowed to return the product within the time frame displayed on the website at the time of purchase;
- Please notify Take Grocery of receipt of damaged/ defective product within 48-hours of delivery to you. If you are unable to do so within 48-hours, Take Grocery/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
- Take Grocery will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Take Grocery is unable to do so, Take Grocery will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Take Grocery;
- Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.;
- Take Grocery offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize Take Grocery to place the return shipping costs on your invoice;
- It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
- The returned products are subject to verification and checks by Take Grocery in order to determine the legitimacy of the complaint/ return;
In the event the return of a product is duly accepted by Take Grocery, the value of such product, as originally paid by you during acceptance of delivery of the product or otherwise, as adjusted with any credits/discount/offers, will be refunded to you. Refund will be processed based on the mode of payment and Take Grocery will credit your refunds directly to Wallet account/source of payment. Refunds will be subject to the following:
- Orders paid online will be refunded instantly through the Wallets/source of payment;
- For Cash on Delivery payments also the amount will be refunded to your Wallets/source of payment;
- A promo code, once used, shall not be refunded in case of cancellation of order either by you or Take Grocery.
By accepting the Marketplace Terms here and the T&Cs in general, you accept that Take Grocery may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the Take Grocery Marketplace Service or to any such number/e-mail address replaced and informed by you subsequently.
Content: Content on the Take Grocery Platform is displayed on “AS IS” basis, in the form received from the Merchants. While Take Grocery tries to offer reliable data, Take Grocery cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
Limitation of liability and waiver: In no event, Take Grocery or its Merchants, sellers, contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to
- this Agreement/T&C;
- the SSOID Agreement;
- the Take Grocery Services, the Take Grocery Platform or any reference site/app/platform/service; or
your use or inability to use the Take Grocery Marketplace Services, the Take Grocery Platform (including any and all materials) or any reference sites/app/platform/service, even if Take Grocery or a Take Grocery authorized representative has been advised of the possibility of such damages. In no event, Take Grocery or any of its directors, employees, associates, affiliates, agents, third party partners, contractors, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relate to:
- this Agreement;
- the SSOID Agreement;
- the Take Grocery Marketplace Services, the Take Grocery Platform or any reference site/app/platform/service; or
- your use or inability to use the Take Grocery Marketplace Services, the Take Grocery Platform (including any and all materials) or any reference sites/app/platform/service; or
- any other interactions with Take Grocery, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Take Grocery Marketplace Service or the Take Grocery Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees Five Thousand only), whichever is less. You acknowledge and agree that Take Grocery has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Take Grocery, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Take Grocery. Take Grocery would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Take Grocery’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, SSOID terms and the Marketplace Terms.
Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any Take Grocery Marketplace Service or the Take Grocery Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Take Grocery may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Take Grocery in accordance with the Act. The seat of the arbitration shall be Gurgaon and the language of this arbitration shall be English. Either you or Take Grocery may seek any interim or preliminary relief from a court of competent jurisdiction in Gurgaon necessary to protect the rights or the property belonging to you or Take Grocery (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Take Grocery may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Take Grocery. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
Jurisdiction: Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Take Grocery must be resolved by a court having jurisdiction in Gurgaon, India. You agree to submit to the personal jurisdiction of the courts located in Gurgaon, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
Shipping and Delivery:
- All Products purchased from the Website shall be delivered to the User by standard courier services by Take Grocery on behalf of the respective Sellers through a logistics partner or by the Sellers themselves. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavour to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
- Take Grocery shall not be responsible for any delay in the delivery of the Products. Take Grocery shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
- The logistics partner supported by Take Grocery will make a maximum of 2 attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.
- An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
- Sometimes, delivery may take longer due to inter alia:
- bad weather.
- flight delays.
- political disruptions.
- other unforeseen circumstances.
- In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
- The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
- Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
- However, in the case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
- No deliveries of the Products shall be made outside the territorial boundaries of Gurgaon.
- In case a User purchases multiple Products in one transaction, the Seller(s) may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant Sellers.
- If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
- Take Grocery shall not compensate for any mental agony caused due to delay in delivery. Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.