Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: Giftzila.com is a registered trademark of Brain Kraft, Delhi. “The Company”, “Ourselves”, “We” and “Us”, refers to Brain Kraft. “Party”, “Parties”, or “Us”, refers to both the Brain Kraft and ourselves, or either the Brain Kraft or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Brain Kraft in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Brain Kraft’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Indian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
We assure that any information concerning the Brain Kraft and their respective Brain Kraft Records may be passed to third parties. However, Brain Kraft records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Brain Kraft have the right to request sight of, and copies of any and all Brain Kraft records we keep, on the provision that we are given reasonable notice of such a request. Brain Kraft is requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue with Brain Kraft’s appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by the Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
- excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
- excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
All logos apart from ours are the properties of their respective owners/companies and are used on our site for illustration purposes only.
This Company’s logo is a registered trademark of this Company in India and other countries. The brand names and specific services of this Company featured on this web site are trademarked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The Indian laws govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Brain Kraft and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected
Minimum 48 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy certain charge to cover any subsequent administrative expenses.
Termination of Agreements and Refunds Policy
Both the Brain Kraft and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any amount that has been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. Any goods that have been personalized, customized or printed cannot be returned and no amount will be refunded for any such goods.
Unless otherwise stated, the services featured on this website are only available within the India, or in relation to postings from the India. All advertising is intended solely for the Indian market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Charges: We have the right to levy certain charges to cover our administrative expenses ranging from 10% to 30% depending upon the products. The same would be decided by us.
- Goods that are not yet shipped are only eligible for the cancellation process. Goods delivered cannot be returned/refunded but only if they are found defective or do not meet the expectations.
- Issues acceptable for the Refund/Replacement:
- Item is physically damaged/defective
- Varies from the description
- Wrong item delivered
- Wrong color (if color is selected by customer and mentioned in invoice)
- Wrong style
- Wrong size
- Wrong quantity
The customer has to submit valid evidence in the form of pictures / videos to prove the defect.
- Goods can be refunded/replaced in 5-7 working days if not yet processed. If goods have been shipped, they cannot be refunded until and unless they are defective (as listed in the issues acceptable for the refund/replacement).
- Replacements will depend on the availability of the item.
- Refund or replacement will be initiated only after we receive the products back from the customer
- Items sold as sets/combos cannot be exchanged or returned individually unless either item is found defective. In that case, we will be liable to make another item of the same make/design/color available to the customer.
- On rare occasions, it may happen that an item available with us is physically damaged, or is not in a condition to be shipped, and if we are unable to procure a replacement, we may have to cancel that item from your order. In such cases, we shall inform you about the same, and full refund of the can celled product shall be made.
- Refurbished and Unboxed items can only be returned and not replaced.
Delivery and Shipping Policy
We deliver only through reputed courier partners, to ensure that the orders are delivered to the recipient in time, and in good condition.
- Our delivery lead time varies from item to item and by the delivery location in the order.
- Goods once ordered and processed shall be dispatched within 5-7 working days from our end.
- Goods if dispatched from our end and have not been delivered for more than the given time frame, will be followed up at our end.
- Please note, in case the order contains more than one item, the maximum delivery days for the items in the order shall determine when the order is will be delivered.
If the estimated delivery date (or the date requested for delivery) falls on a Sunday, or a public/local holiday, your order will be processed for delivery on the following working day. The customer will be notified when his order is out for shipping and will be contacted by the responsible courier company. All deliveries are usually made between 10.00am and 6.00pm on working days. The customer can also track their package using the tracking number given to them.
Other Important Shipping Information:
- While we shall endeavor to ship all items in your order together, this may not always be possible due to product characteristics (e.g. a very large item ordered along with a small , high value item), or availability. If it is necessary to ship some items in your order separately, we shall inform you prior to shipping the order.
On rare occasions, it may happen that an item available with us is physically damaged, or is not in a condition to be shipped, and if we are unable to procure a replacement, we may have to cancel that item from your order. In such cases, we shall inform you about the same, and full refund of the cancelled product shall be made to you.