Terms and Conditions

This Website, namely, www.shop.madewithdelmonte.in, is operated and managed by Olympia Industries Private Limited, (referred hereinafter as "We/us"). Your use of this Website constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Website and thereby bypass these Terms of Use, your use of this Website still binds you to these Terms of Use. We reserve the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Website.

A. ACCOUNT & REGISTRATION OBLIGATIONS

  1. All shoppers have to register and login for placing orders on the Website.
  2. You have to keep your account and registration details current, accurate and correct for communications related to your purchases from the Website.
  3. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), We have the right its sole discretion to reject the registration and debar you from using the Services and / or other affiliated Websites without prior intimation whatsoever.

B. PRICING

All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering are the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery, additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

C.PRODUCTS

We have made every effort to display the images/ colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

D. REPRESENTATIONS & WARRANTIES

All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering are the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery, additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

  1. You represent and warrant that:
  2. a) You are of sufficient legal age and capacity to use this Website in accordance with all terms and conditions herein and to create binding legal obligations in relation to the access and use of this Website and the services therein;
    b) You are legally and financially responsible for all uses of this Website under your username and password whether or not actually or expressly authorized by you;
    c) That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), re-delivery will not be possible.
    d) That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.
    e) That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
    f) That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
    g) That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
  3. You promise that:
  4. a) You will not impersonate or attempt to impersonate us, our employee, another user or any other person or entity;
    b) You will not do anything that could disable, overburden, damage, or impair the operation of the Website or interfere with any person’s use of the Website;
    c) You will not use any robot, spider or other automatic program, device, process or means to access the Website for any unlawful purpose or in violation of this Policy;
    d) You will not introduce any malware, including but not limited to viruses, trojan horses, worms, logic bombs, rootkits or other material which is malicious or technologically harmful;
    e) You will not access or attempt to access data or files on the Website that you are not expressly authorized to access, and
    f) You will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of us.

E. PROHIBITED USES

You may not use the Site for any of the following purposes:

  1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
  2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
  3. Gaining unauthorized access to other computer systems;
  4. Interfering with any other person's use or enjoyment of the Website;
  5. Breaching any applicable laws;
  6. Interfering or disrupting networks or websites connected to the Website;
  7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

F. MODIFICATION OF TERMS & CONDITIONS OF SERVICE

We at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Website. You should regularly review the Terms & Conditions on the Website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.

G. RELIANCE ON INFORMATION

The information presented on or through the Website is made available solely for general information purposes. The information presented on or through the Website is subjective and is opinion, and we make no representations or warranties whatsoever regarding the quality of the information. We do not make any statements regarding the accuracy, completeness or usefulness of this information. The advice and strategies contained herein may not be suitable for every situation. There may be errors and omissions on the Website or in its content. We are not engaged in rendering professional services. If professional advice or other expert assistance is sought, the services of a competent professional should be sought. Any reliance you place on such information is strictly at your own risk, and under no circumstances shall we be liable for any loss suffered as a result of such reliance. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

H. PRIVACY

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

I. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that you do not reserve any intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website, which is operated and managed by us. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of us or any third party's intellectual property rights. Any use of this Website or its contents, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. The Contents and software on this Website may be used only as a shopping resource. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the managed by us and protected by Indian and international copyright laws. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.

J. THIRD PARTY LINKS

References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

K. REVIEWS, FEEDBACK, SUBMISSIONS

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain property of us. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
We do not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and its affiliates for all claims resulting from any Comments you submit. We and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

L. OBJECTIONABLE MATERIAL

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law. We and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

M. DISCLAIMER

The information on this site has been included in good faith for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on this Website. To the full extent permissible by applicable law, We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, We disclaims any and all warranties, express or implied, for any merchandise offered on this Website. You acknowledge, by your use of our website, that your use of the site is at your sole risk. This disclaimer constitutes an essential part of these Terms of Use.

N. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall we, our managers, members, licensors, employees, agents, Officers or directors be liable to you or any third-party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without Limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Website or of any website referenced or linked to from our Website. You will be responsible for all claims and damages resulting from the misuse of the Website by you.

O. INDEMNITY

You agree to defend, indemnify and hold harmless us, our employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Use.

P. ACKNOWLEDGMENT

The disclaimer and limited liability of us as set out in this Terms of Use are fundamental elements of the basis of the bargain between you and us, and you agree that we would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of this Terms of Use.

Q. TERMINATION

This Terms of Use is effective unless and until terminated by either you or us. You may terminate this Terms of Use at any time, provided that you discontinue any further use of this Website. We may terminate this Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to us. Upon any termination of the Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Our right to any Comments shall survive any termination of this Terms of Use. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the Terms of Use.

R. FORCE MAJEURE

We shall not be liable for damages of any kind arising out of any failure or delay by us in performing any or all of our obligations contained herein or in respect of any product or service if the failure or delay is due to circumstances or cause beyond our reasonable control and includes, without limitation fire, flood, earthquake, natural calamities, pandemic or epidemic or hurricanes, acts of war, strikes, lock-outs, riots, civil disorders, embargoes or any other act or omission of God or government.

S. GOVERNING LAW AND JURISDICTION

This Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at Gurugram, Haryana shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Olympia Industries Private Limited and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Gurugram, Haryana. The High Court of judicature at Gurugram, Haryana alone shall have the jurisdiction and the Laws of India shall apply.

T. SEVERABILITY

If any provision of this Terms of Use shall be found by any government, administrative or judicial authority to be invalid or unenforceable, the remaining sections and provisions of the Terms of Use shall not be affected by such invalidity or unenforceability and shall remain in full force and effect. The parties agree to substitute for any invalid or unenforceable provision, a valid and enforceable provision which achieves the objective of the invalid or unenforceable provision.

U. RELATIONSHIP BETWEEN THE PARTIES

No joint venture, partnership, employment or agency relationship exists between you and us as a result of this Terms of Use or your use of this Website.

V. ENTIRE AGREEMENT

This Terms of Use constitutes the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or agreements (whether oral or written) regarding the subject matter.

 
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