Please read the following terms and conditions very carefully as your use of the service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood, and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
Your use of the Website, services, and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website, including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Nibble Software Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Birthdaymasti.
By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Birthdaymasti Privacy Policy.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The terms "we", "us", and "our" shall mean Nibble Software Private Limited.
When You use any of the services provided by us through the Website, including but not limited to, (e.g. Customer Reviews), You will be subjected to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
a) www.birthdaymasti.com website ("Website") is an Internet-based content and e-commerce portal owned and operated by Nibble Software Private Limited, a company incorporated under the laws of India.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions, and notices contained in these Terms, as may be posted on the Website from time to time. www.birthdaymasti.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify www.birthdaymasti.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.birthdaymasti.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (b).
You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You access to the Website.
When You use the Website or send emails or other data, information, or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. The company may communicate with you by email or by other mode of communication, electronic or otherwise.
Birthdaymasti.com provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise as gifts such as watches, perfumes, sunglasses, belts, and other gift items from various brands. (collectively, "Products"). Upon placing an order, Birthdaymasti.com shall ship the product to you or the person you are gifting and you be entitled to its payment for the Services.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
Membership on the Website is free for buyers. Birthdaymastidoes not charge any fee for browsing and buying on the Website. Birthdaymasti.com reserves the right to change its Fee Policy from time to time. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to Nibble Software private limited.
The User hereby consents, expresses, and agrees that he has read and fully understands the Privacy Policy of Birthdaymasti.com in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
You agree to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
Except as expressly provided in these Terms of Use, no part of the website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website or another medium for publication or distribution or for any commercial enterprise, without Birthdaymasti's express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that You
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Website (collectively, " Content"). Such Content will become our property and you grant us the worldwide, perpetual, and transferable rights to such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
The user guarantees and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Birthdaymasti.com
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Birthdaymasti.com or the Website and Birthdaymasti.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Birthdaymasti.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Birthdaymasti.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Birthdaymasti.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Birthdaymasti.com has endeavored to ensure that all the information on the Website is correct, but Birthdaymasti.com neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or Service. In no event shall Birthdaymasti.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Birthdaymasti.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services, and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Birthdaymasti.com shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Birthdaymasti's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
This Website, all the materials and products (including but not limited to software), and services, included on or otherwise made available to You through this site are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Birthdaymasti.com does not warrant that:
This Website will be constantly available, or available at all; or The information on this Website is complete, true, accurate, or non-misleading.
Birthdaymasti will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.
Birthdaymasti does not warrant that this site; information, Content, materials, product (including software), or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on the Website constitutes or is meant to constitute, advice of any kind.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by us via phone calls and/or SMS notifications. We will not use your personal information to initiate any promotional phone calls or SMS.
a) Birthdaymasti.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
b) If you or Birthdaymasti.com terminates your use of the Website or any Service, Birthdaymasti.com may delete any content or other materials relating to your use of the Service, and Birthdaymasti.com will have no liability to you or any third party for doing so.
c) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Delhi.
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
As per these Terms, users are solely responsible for every material or content uploaded to the Website. Birthdaymasti.com does not review the contents in any way before they appear on the Website. Birthdaymasti.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded onto the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report it to care@birthdaymasti.com
Birthdaymasti we do not warrant that the product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
IN NO EVENT SHALL BIRTHDAYMASTI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF THE USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products, and Services may change at Birthdaymasti's discretion.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Birthdaymasti.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as delivered to the recipient.
We DO NOT guarantee delivery of the exact replica of the products mentioned on the website.
In the case of flower-related products - the florists use different wrapping paper, baskets, and decoration material, so the arrangements shown on the website look a little different from the actual products delivered. Delivery of exactly the same variety or colour of flowers is also subject to availability and freshness. We may choose to deliver a bouquet or basket of the same monetary value due to unavoidable circumstances.
In the case of cakes - the bakeries use the pictures as guidelines but they have their own style of preparing the same flavored cakes. Therefore the cakes though are the same flavored might look different. In case the cake you ordered cannot be delivered due to unavoidable circumstances, we will deliver a similar cake of the same monetary value.
In the case of any other products, if we cannot deliver the same products due to unavoidable circumstances, we will deliver similar products of the same monetary value.
The time slots provided at the time of checkout can be selected by the user. These are the preferred dates and time slots of customers. We strive to do deliveries on the selected date and time slot but it is NOT A GUARANTEE. We are committed to the delivery of products and services ordered within 24 hours of the requested delivery date and time slot. Failing to do so we will refund the amount, but not before that.
Special days for Birthdaymasti are - Mother’s day, Father’s Day, Diwali, Holi, Valentine’s Day, Rose day, Teddy day, Proposal Day, Hug day, Kiss Day, Friendship Day, Raksha Bandhan, Christmas, and New Year.
Title and risk of loss for all products ordered by you shall pass on to you upon Birthdaymasti's shipment. Thereafter Birthdaymasti will not be responsible for any loss or damage to the product.
Minimalistic and cosmetic damages like -
We will be able to attempt delivery of your order only once. For perishable products, delivery attempt can be made again subject to our decision and you may be liable for additional delivery charge in such cases. In the event the delivery is not executed during the attempt, the customer shall still be charged for the order and no redelivery will be possible. We will consider the order executed in the below cases:
Please understand that the points mentioned in the policies are with reference to the time slots on the www.birthdaymasti.com website selected by the user in checkout process.
Orders are processed in time slots and we accept cancellation requests with reference to time slot selected by customer in order placed. Consider conditions stated below -
No cancellation requests are accepted on order placed in following categories.
We allow users to select the same date of delivery on which he/she is placing the order i.e. order delivery and order placed date is the same. We attempt to do same-day delivery of the requested products but DO NOT PROMISE so.
We will process same day delivery orders within 24 hours of the requested date and time slot.
Refunds in cases of Cancellations are mentioned in the Cancellation policy, kindly refer to the same.
The acceptance of the order is subject to the availability of products, delivery areas, and time. The order may or may not be accepted. The order might be canceled after assessing the circumstances and communicating with the customer. In such case amount paid by the customer is fully refunded to Birthdaymasti's wallet or bank account.
Only one attempt for delivery will be made. Please confirm the availability of the recipient before choosing a delivery time. If the recipient is not available at the time of delivery, a second attempt will not be made and the order will be canceled. No refund will be made in such a case.
The refunds are only initiated once the customer confirms over mail where the refund has to be done - Birthdaymasti wallet or bank account.
Refund will be credited in Birthdaymasti Wallet on orders which are processing within 48 hours of delivery date
Refunds are processed to your payment method within 15 working days.
Change in the address is permitted free of cost only before 24 hours of delivery.
1. Within 24 hours period before delivery, if the address is changed we charge Rs 200/-.
2. Sometimes the address change request cannot be accepted, in that case, the order will not be refunded or canceled.
It is the user's responsibility to provide the correct Pincode at the address of delivery. The pin code should map to the correct delivery address. Sometimes address mentioned does not correspond to the pin code of that area.
If pin code entered in the address section is incorrect then following cases arise -
The products and services displayed on Birthdaymasti are our best offerings and we put in 100% effort to deliver high-quality similar products and services. These terms and conditions are put across to avoid any possible conflict.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to care@birthdaymasti.com
Customer care - Call us at +91- 8800-70-9929
Available between 8 AM - 11 PM