1. USER CONDUCT
If you use the website as a registered user, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Whistle and Hops reserves the right to terminate your membership and refuse to provide you with access to the website at any point of time. You are solely responsible for maintaining the confidentiality of your user id and password. You are responsible for all activities that occur under your user id and password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by a website registration form or provided by you as a visitor. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the terms and conditions, Whistle and Hops has the right to indefinitely suspend or terminate or block access of your membership with the website and refuse to provide you with access to the website.
The offers made in any promotional messages sent via email /text/ SMS/ WhatsApp shall be subject to change at the sole discretion of Whistle and Hops and Whistle and Hops owes no responsibility to provide you any information regarding such change.
You may not use the site for any of the following purposes:
- • disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- • transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence;
- gaining unauthorised access to other computer systems;
- interfering with any other person’s use or enjoyment of the site;
- breaching any applicable laws;
- interfering or disrupting networks or web sites connected to the site; and
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same yourself and that Whistle and Hops shall in no manner be held responsible for the same.
3. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on this website. While we have taken precautions to avoid inaccuracies in content on this website, all content, information (including the price of products), products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Whistle and Hops nor shall Whistle and Hops have any obligations or liabilities in respect of any transactions on the website. Whistle and Hops does not warrant that this website will be constantly available or available at all or that any information on this website is complete, true, accurate or non-misleading.
Though Whistle and Hops shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on this website constitutes, or is meant to constitute advice of any kind.
All the products sold on website shall be solely governed by the Indian laws. In the event we are unable to deliver such products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such product that could not be delivered to you. It is your responsibility to ensure that the products purchased on this website is not restricted in your territory. Whistle and Hops shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
4. ELECTRONIC COMMUNICATIONS
When you use any of our services or send electronic mail/ text to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by electronic mail/ text or by posting notices on this site or through other services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
We bring you the premium valued products at an affordable price. Every single product that reaches you is Homegrown, sourced from the best. We reserve the right to update any prices of the products listed on the website or discontinue them at our sole discretion
6. TRADEMARK AND RESTRICTION
All material on the website, including images, illustrations, audio clips, and video clips are protected by trademarks and other intellectual property rights. Material on Whistle and Hops is solely for your personal and non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal and non-commercial use is a violation of the trademarks and other proprietary rights and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise is for a commercial use for the purposes of this clause.
Intellectual property rights complaints: Whistle and Hops respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any intellectual property right infringement, please write to Whistle and Hops at firstname.lastname@example.org.
7. TRANSACTIONS AND CANCELLATIONS
Payment While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to lack of authorization for any transaction/s, or exceeding the present limit mutually agreed by you and between your “Bank/s”or any payment issues arising out of the transaction or decline of transaction for any other reason/s.
Order Cancellation Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Whistle and Hops reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or any defect regarding the quality of the product. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 15 working days.
TaxesYou 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 including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
8. SHIPPING AND DELIVERY
- All products purchased from the website shall be delivered to the user by standard courier services by Whistle and Hops . All deliveries where applicable shall be made on a best efforts basis, and while Whistle and Hops will endeavour to deliver the products on the dates intimated, Whistle and Hops disclaims any claims or liabilities arising from any delay in this regard.
- Whistle and Hops shall not be responsible for any delay in the delivery of the Products. Whistle and Hops shall not be liable for any damage to the product in transit due to mishandling by the logistics partner.
- 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 9. RETURN, REPLACEMENT AND REFUND
- flight delays
- political disruptions
- other unforeseen circumstances
- In the event any delay in delivery of a product is expected, Whistle and Hops may, at its sole discretion, intimate you regarding such delay.
- Whistle and Hops 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, you may be notified of the same from time to time. However, no refunds may be claimed by you for any delay in delivery of the products which was caused due to reasons beyond the control of the website and/or the seller.
- If you wish to get delivery to different addresses, then you shall be required to purchase the products under separate transactions and provide separate delivery addresses for each transaction, as may be required. You agree that the delivery can be made to the person who is present at the shipping address provided by you.
- Whistle and Hops shall not compensate for any mental agony caused due to delay in delivery.
- Click on the link to learn more about our shipping and return policies: Click Here.
9. RETURN, REPLACEMENT AND REFUND
- All Products ordered from the website and successfully delivered to you may be returned in accordance with the terms mentioned herein.
- However, no products will be accepted by Whistle and Hops if (a) the products have been damaged by you (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if the product returned is not the product that was delivered (d) any other circumstances that Whistle and Hops may notify or deem appropriate from time to time.
- In case of return initiated and subsequently couriered by you, and if it is found that the claimed shipment was not delivered to Whistle and Hops or the shipment was empty, the onus shall be on you to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish your claim of return. However, non-receipt of Product by Whistle and Hops may lead to no refund/exchange being issued to you. Your claims against Whistle and Hops in this regard will be waived.
- Whistle and Hops will not be liable for the products returned by mistake. In circumstances where a product not belonging to Whistle and Hops is returned by mistake, Whistle and Hops is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to you.
- Once returned or in case you do not receive the delivery within the time period agreed, you will be entitled to claim refund of the entire cost of the product after adjusting relevant courier charges and such other charges that the website may at its own discretion deduct. In case you do not raise a refund claim as per the Terms, you shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain products, you shall not be entitled to a refund in respect of such Products.
- Refund, if any, shall be made at the same issuing bank through which the product was purchased.• All refunds shall be made in Indian Rupees only.
- All refunds shall be made in Indian Rupees only.
- You acknowledge that Whistle and Hops will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of Whistle and Hops .
- You shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.
10. SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate Whistle and Hops for the cost of processing your order, handling and packing the products you purchase and delivering them to you.
11. INDEMNITY AND RELEASE
You shall indemnify and hold harmless Whistle and Hops and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these terms and conditions or any document incorporated by reference or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Whistle and Hops and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
If any provision of these terms and conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these terms and conditions and the remaining portions of this terms and conditions shall continue in full force and effect.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. FORCE MAJEURE
Failure on the part of Whistle and Hops to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against Whistle and Hops or be a breach hereunder to the extent that such failure arises from an event of force majeure. If through force majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Whistle and Hops that directly or indirectly hinders or prevents Whistle and Hops from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of force majeure.
15. APPLICABLE LAW
Terms and conditions shall be governed by and interpreted and construed in accordance with the laws of India.
16. JURISDICTIONAL ISSUES
Whistle and Hops makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Whistle and Hops is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Any grievances you have by way of use of the website can be addressed by way of email to email@example.com
The ‘Customer Care’ shall thereafter consider the same and provide a response within a period of 7 days from the date of such complaint/ grievance.
18. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Any feedback you provide to this website shall be deemed to be non-confidential. Whistle and Hops shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or of third parties; (ii) Whistle and Hops is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Whistle and Hops may have something similar to the feedback already under consideration or in development and (iv) you are not entitled to any compensation or reimbursement of any kind from Whistle and Hops for the feedback under any circumstances.