- This website is owned and operated by Jo’s Baking Delights.
- These Terms and Conditions (“T&C”) are for visitors who visit this website of Jo’s Baking Delights and those who place any orders with Jo’s Baking Delights (“Visitors”).
- All Visitors’ use of this website and services and tools are governed by these T&C including the applicable policies which are incorporated herein by way of reference. All visits to this website and all transactions herein shall be governed by these T&C.
- By making visiting or transacting on this website, the Visitor is enters a binding legal agreement with Jo’s Baking Delights on the terms and conditions as included in the T&C (including any other policies, such as Privacy Policy). Subject to the covenants, obligations, and understandings herein, Jo’s Baking Delights hereby provides the Visitor with a limited, non-exclusive non-transferable license to access and use this website. The Visitor may display the website on their internet browser exclusively for the purposes of browsing and / or purchasing the products listed on this website. The Visitor shall not, under any circumstances, use this website for any commercial use or for any use on behalf of any third party, except as explicitly permitted by Jo’s Baking Delights in advance in writing. If a Visitor uses this website for any purpose other than the purpose provided for in here then Jo’s Baking Delights shall immediately revoke the license granted to the Visitor in this paragraph without any notice to the Visitor.
- Jo’s Baking Delights reserves all rights to change / alter these Terms and Conditions at any point of time, in its sole discretion, and without giving any notice to any Visitor. The Visitor’s continued use of the website thereafter shall constitute the said Visitor’s agreement to all such changed T&C.
- Jo’s Baking Delights may, with or without prior notice, terminate any of the rights granted by these T&C.
- The Visitor warrants and represents that they are fully capable and legally permitted to enter into agreements enforceable inter alia in India. If a Visitor is a minor or of an unsound mind, then they are not eligible to enter into these T&C and thereby ineligible to visit or transact on this website.
- The Visitor agrees to abide by all terms, conditions, obligations and covenants prescribed herein in these T&C, including any special warnings or instructions for access or use posted on this website.
- The Visitor warrants and represents that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Jo’s Baking Delights immediately. In particular, all Visitors warrant and represent that all information submit on this site, including without limitation, their contact details, payment details, correspondence address and all other information submitted shall be true, current, and accurate.
- Jo’s Baking Delights shall be entitled to act on the basis of the information provided by the Visitor and seek such further information, clarifications or verifications as it may deem necessary for completing any order / providing any service(s) sought by the Visitor. Such provision of services may be suspended or cancelled where Jo’s Baking Delights reasonably believes that any of the provided information may be inaccurate and the same will be restored once the Visitor furnishes/ confirms all information to the satisfaction of Jo’s Baking Delights.
- Any order placed by a Visitor with Jo’s Baking Delights is subject to product availability, delivery capacity and acceptance by Jo’s Baking Delights. All orders will be processed and confirmed only when the charges / price / cost for the entire order is deposited with Jo’s Baking Delights in advance.
- The Visitor hereby agrees to pay all costs, charges, expenses, duties and all applicable taxes, including any transportation / courier / freight charges for all the purchases made from Jo’s Baking Delights.
- Any applicable tax and all delivery charges shall be calculated and added to the total amount once the product has been added to your online cart with Jo’s Baking Delights.
- The Visitor also accepts and acknowledges that the delivery of any product ordered from Jo’s Baking Delights will be undertaken by a third party logistics and Jo’s Baking Delights cannot be held liable for any deficiency in services of such third party logistics or any omission or any damage caused by any act of such third parties as Jo’s Baking Delights does not have any control over the actions of such third parties.
- As all Jo’s Baking Delights products are edible, perishable, personal consumption items, the same cannot be returned / exchanged. Products once sold cannot be returned / exchanged.
- Orders once placed cannot be cancelled and no refunds of any amounts shall be made, except as explicitly provided herein.
- Orders placed at least seven (7) days prior to the expected delivery date, can be cancelled by written confirmation at least four (4) days prior to the delivery date. All available amount (i.e. excluding any amount already spent on ingredients / accessories / items for the order), shall be refunded to the Visitor who placed the order within 7-10 working days from the date of cancellation of the order.
- Jo’s Baking Delights shall also not refund any amount transferred to it, unless there has been any evident and deliberate mischief on part of Jo’s Baking Delights.
- This website is presented on an “as is” basis. Jo’s Baking Delights has taken all reasonable steps to ensure that the product descriptions and details are accurate and updated timely. To the extent permittable, Jo’s Baking Delights does not warrant that the product descriptions, details, information or other any other content available on this website would be completely error free and absolutely accurate, comprehensive, reliable or current. Jo’s Baking Delights makes no express or implied representations or warranties of any kind whatsoever in connection with these T&C or this website, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
- The entire manufacturing team of Jo’s Baking Delights follows strict hygiene protocol and operates under a manufacturing FSSAI license. While, Jo’s Baking Delights shall ensure all products made are as per the expected standards, Jo’s Baking Delights shall not be liable for any health issue claims arising from the consumption of any of any of its products. Jo’s Baking Delights cannot guarantee product quality if they’re not stored as per storage instructions.
- The products being marketed and sold by Jo’s Baking Delights are created using the best ingredients and we take great care to ensure that all our products are safe for human consumption. Nevertheless, the possibility that certain individuals may be allergic to some of our ingredients or that our ingredients may adversely affect a few individuals with pre-existing medical conditions, cannot be ruled out and thus, the onus is on the Visitor to inform us of any such dietary requirements.
- Visitors are instructed and advised to inform us of any dietary requirements, allergies etc., and enquire about the ingredients prior to finalising the order to ensure that the products being purchased are safe for them to use. It will be the Visitor’s sole responsibility to take proper precaution and professional / medical advice before using any of Jo’s Baking Delights’ products.
- Visitors agree that Jo’s Baking Delights shall not be held responsible or liable for any product related issues, including without limitation any allergic reactions on account of usage of our products. For any Jo’s Baking Delights products purchased by the Visitor, the Visitors shall inter alia be governed by the limitation of liability and disclaimer conditions.
- The Visitor understands and accepts that all products listed on the website are handmade and thus, even though Jo’s Baking Delights has taken all reasonable measures to display the colours and images of all its products as accurately as possible, the final product may not be identical to the reference image on the website.
- Jo’s Baking Delights retains all rights to and can alter the prices / costs of it products at any time without the requirement of any notice to any Visitor. Jo’s Baking Delights is also free to alter the descriptions / images etc., of its products at any time. Jo’s Baking Delights also reserves all its rights to limit the sales of our products, offers, discounts, promotions or services to any person, on a case by case basis. Jo’s Baking Delights also reserves its full right to discontinue any product, promotion or offer at any time.
- The Visitor warrants and represents that they shall act always in accordance with the law, custom and in good faith. No Visitor shall make any change or alteration to this website or to any content or product or services that may appear herein and shall not impair the integrity or operation of this website in any way. Without limiting the generality of any other provision of these Terms and Conditions. If a Visitor defaults negligently or will fully in abiding by any of the obligations set forth herein, then the Visitor shall be liable for all the consequential losses and damages that this may cause Jo’s Baking Delights or its affiliates.
- Jo’s Baking Delights is the owner / authorised agent of all the rights, interest and title, including but not limited to the intellectual property rights, trade secrets, know how, confidential information, etc in relation to this website, the contents of this website, the products displayed on this website and all other rights related to this website. The trademarks associated with Jo’s Baking Delights, including but not limited to the name, logo and other identification marks of Jo’s Baking Delights/ its affiliates, are the exclusive property of Jo’s Baking Delights/ its affiliates and no third party is authorised to make any use of the same without the written permission from Jo’s Baking Delights/ its affiliates.
- All Visitors shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and the Rules thereunder as amended from time to time and also all applicable local laws, rules and regulations and International Laws, Foreign Exchange Laws, regarding Visitpo’s use of Jo’s Baking Delights’s website and the Visitor’s purchase, solicitation of offers to purchase, and sale of products or services. No Visitor shall engage in any transaction in respect of any goods or services, which are prohibited by the provisions of any applicable law for the time being in force.
- All Visitors are forbidden from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling or otherwise exploiting this website or any part of the website including but not limited to its contents and the products herein, without the express written permission of Jo’s Baking Delights. All Visitors agree and understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution for inter alia accessing data unlawfully or without consent, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, taking any action in order to obtain goods to which the Visitor is not entitled, etc. Jo’s Baking Delights reserves all its rights to refuse any and all services, terminate accounts of the Visitor, cancel any orders at its sole discretion, if Jo’s Baking Delights becomes aware of any violation / breach of any terms of these Terms & Conditions by the Visitor. If a Visitor negligently or willfully defaults in abiding by any of the obligations set forth herein, then the Visitor shall be liable for all the consequential losses and damages that this may cause Jo’s Baking Delights or its affiliates.
- All Visitors are prohibited from uploading or publishing any content, information or other material to this website that (a) could infringe the proprietary rights, including intellectual property rights, of any person; (b) would be libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability; or (c) includes any viruses, worms, trap doors, Trojan horses, solicitations, bugs, or other harmful code or properties, chain mails, or spam.
- All Visitors agree that Jo’s Baking Delights will not be held liable or otherwise responsible, whether in contract, tort (including negligence) or otherwise, under any circumstances, for any (i) delays or interruptions to accessing this website (ii) interruption of business; (iii) data non-delivery, mis-delivery, corruption, destruction or other modification; (iv)damages or losses incurred as a result of any interaction or dealing with any third party or off-website links on the website; (v) bugs, trojans, viruses, system failures or malfunctions that occur in connection with use of the site, including by way of any hyperlink to or from third party websites (vi) any inaccuracies or omissions in content or (vii) events beyond our reasonable control.
- To the extent permitted by law, Jo’s Baking Delights shall not be held liable or responsible for any sort of indirect damage – whether special, punitive, incidental, or consequential damages of any kind, including lost profit – related to the Visitors’ use of this website regardless of the form of action whether in contract, tort (including negligence) or otherwise. Further, the Visitors agree and acknowledge that in no event whatsoever, shall the maximum aggregate liability of Jo’s Baking Delights exceed Indian Rupees 2000 only.
- All Visitors agree to defend, indemnify and hold Jo’s Baking Delights harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from any breach by the Visitor of these T&C. Further, all Visitors agree to indemnify Jo’s Baking Delights for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any use by the Visitor of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action of the Visitor which imposes an unreasonable burden or load on Jo’s Baking Delights’s infrastructure. Additionally, all Visitors agree to indemnify Jo’s Baking Delights and its affiliates against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of the Visitor’s use of this website, or by any other person using the Visitor’s computer, of any intellectual property or other right of any person, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of the communications issued by the Visitor to Jo’s Baking Delights in any mode of communication.
- These T&C shall remain in effect and valid unless and until terminated by either Jo’s Baking Delights or the Visitor. Any Visitor can terminate these T&C at any time by discontinuing any further use of this website, provided that the Visitor deletes all materials downloaded or otherwise obtained from this website. Kindly note that any such termination shall not affect the Visitor’s obligation of completing the payment for any product purchased from Jo’s Baking Delights. Also, such termination would not affect the clauses of these T&C that by their very nature would survive the termination of these T&C such as the provisions dealing with intellectual property, user content, warranties and representations, clauses pertaining to indemnity, limitation of liability, etc. Jo’s Baking Delights may terminate these T&C as listed above in earlier clauses. In case Jo’s Baking Delights terminates these T&C with any Visitor, then the Visitor shall immediately comply with the termination notice, including, as applicable, by ceasing all use of this website.
- The law of India will govern these T&C and all disputes arising in respect hereof shall be exclusively referred to the jurisdiction of Courts at Pune.
- Any dispute regarding these T&C, including but not limited to any difference in interpretation or otherwise, between the Visitor and Jo’s Baking Delights shall be referred to an independent arbitrator who will be appointed by mutually 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 seat and venue of arbitration shall be held in Pune. For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Pune. Without any prejudice to the foregoing, Jo’s Baking Delights shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
- All Visitors agree and acknowledge that these T&C constitute the complete and exclusive agreement between Jo’s Baking Delights and the Visitor concerning the Visitor’s use of this website, and that these T&C supersede and govern all prior proposals, agreements, or other communications.
- Nothing contained in these T&C shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between Jo’s Baking Delights and the Visitor. Jo’s Baking Delights’ failure to require the Visitor’s performance of any provision hereof shall not affect Jo’s Baking Delights’ right to require such performance at any time thereafter, nor shall any waiver by Jo’s Baking Delights of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- If provision of these T&C is held to be unenforceable or invalid under any applicable law or by any applicable arbitral award or court decision, then such unenforceability or invalidity of that provision(s) shall not render the remaining provisions of these T&C unenforceable or invalid as a whole and instead, the T&C shall be modified, to the extent possible, by treating the provision as of it was not a part of these T&C.
- If there are any queries or concerns regarding these T&C, please get in touch with us at 9823041067