Terms and Conditions

The Terms and Conditions (T&C) described below constitute an electronic contract, enforceable as per provisions of the Information Technology Act, 2000 and Rules made thereunder, as amended from time to time. Please note that the T & C will not require any signature for acceptance and enforceability. We encourage our esteemed customers to read these terms fully before purchasing any products from our website or mobile apps

Offer and Acceptance

The Customer agrees to these T&C by accessing this Website. All commercial/contractual terms are offered by and agreed to between Customers and Hexkart Online LLP. alone.

HEXKART ONLINE LLP. may include additional or conflicting terms and conditions of sale in the product listing or product description as made available on the website (‘Additional Terms of Sale’). If there is any conflict between the T&C and the additional terms of sale, the additional terms of sale shall take precedence to the extent of such conflict and in relation to that sale.

HEXKART ONLINE LLP. may at any time modify the Terms and Conditions for use of the Website without any prior notification to the customers. If a customer does not agree with the T&C he/she is advised not to buy or attempt to buy any product listed on the Website. However, if the customer continues to use the service he/she shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.

Limitations:

Services associated with the Website would be available to only select geographies in India as solely determined by HEXKART ONLINE LLP..

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 as detailed in the Privacy Policy are not eligible to use the Website. HEXKART ONLINE LLP. shall not be held directly or indirectly liable for any damages arising from the customer’s or any 3rd party’s misuse or violation of the Terms & Conditions of the Grocery Expert site and mobile apps, and any other related policies associated with the Website.

HEXKART ONLINE LLP. does not implicitly or explicitly endorse or advertise the products and associated brands on the Website. 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 the Customer and do not in any way constitute or imply to be HEXKART ONLINE LLP.’s endorsement, sponsorship or recommendation of the third party, information, product or service

Intellectual Property Rights (IPR):

HEXKART ONLINE LLP. expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website and mobile apps. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of HEXKART ONLINE LLP.’s or any third party’s intellectual property rights.

Apart from the brands / Intellectual Property Rights (IPR) owned by HEXKART ONLINE LLP., all other trademarks/ brands displayed on the Website are the property of their respective brand owners and displayed on the Website with prior consent by HEXKART ONLINE LLP..

HEXKART ONLINE LLP. hereby allows the Customer to only access the website for personal use and not to download or modify any portion of it. This website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of HEXKART ONLINE LLP.

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Site or otherwise disclosed, submitted or offered in connection with the use of this Website (collectively, the “Feedback”) shall be and remain the property of HEXKART ONLINE LLP.. Such disclosure, submission or offer of any Feedback on the Website shall constitute an assignment to HEXKART ONLINE LLP. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback by the Users.

Representation:

HEXKART ONLINE LLP. does not make any Representation or Warranty as to specifics (such as Product claims, manufacturer’s product liability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website

All offers of sale of a Product are governed by the description and specifications of the Product, terms of warranties provided by the respective manufacturer/brand owners (as applicable) in addition to these Terms and Conditions. In the event a manufacturer/brand owner (as applicable) is providing any warranty, details of such warranty will be specified on the relevant Product webpage on the Website or made available along with the Product. Such warranties are provided by manufacturer/ brand owner (as applicable) and will be fulfilled by the manufacturer/ brand owner (as applicable).

Warranty:

With respect to the sale of Product by HEXKART ONLINE LLP. to the Customer, HEXKART ONLINE LLP. hereby represents and warrants to the Customer that:

HEXKART ONLINE LLP. has the right to sell the Products to the Customer through the Website;

Customer shall have and enjoy quiet possession of the Products on completion of sale;

Products shall be free from any charge or encumbrance in favor of third party;

Customer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or brand owner of the Product;

HEXKART ONLINE LLP. has made every effort to display the Products that appear on the Website as accurately as possible. However, any deviance in appearance in actual product cannot be held against HEXKART ONLINE LLP..

The Customer hereby represents and warrants to HEXKART ONLINE LLP.:

That the Customer is accessing the Website and transacting at his/her sole risk and is using his/her best informed and prudent judgment before entering into any transaction through this Website.

Customer will use the Website for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.

Customer will provide authentic and true information in all instances where such information is requested by HEXKART ONLINE LLP.. HEXKART ONLINE LLP. reserves the right to confirm and validate the information and other details provided by the customer at any point of time.

If upon confirmation the Customer’s details are found not to be true (wholly or partly), HEXKART ONLINE LLP. has the right in its sole discretion to reject the registration and debar such customer from accessing the Website without prior intimation whatsoever.

The address at which delivery of the product ordered by the Customer is to be made will be correct and proper in all respects. Customer is completely responsible and liable for the correctness of delivery address details in this regard.

That before placing an order customer will check the product description carefully. By placing an order for a product he/she agrees to be bound by the conditions of sale included in the item’s description.

Pricing Information:

All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. All prices are inclusive of GST unless stated otherwise.

HEXKART ONLINE LLP. may sometimes offer Buy 1 Get 1 products at half price each or less than half price each.

Delivery of the Product:

HEXKART ONLINE LLP. currently offer two modes of delivery for purchases made on www.groceryexpert.in.

Home Delivery:

Please note that for all home deliveries, HEXKART ONLINE LLP. will charge a delivery fee. This delivery fee will be added to the billed amount at the time of checkout, while placing the order online.

In case there is a delay in delivering the order to customers – either due to HEXKART ONLINE LLP.’s own internal reasons or due to customer’s unavailability – HEXKART ONLINE LLP. is not obligated to compensate the customers for the inconvenience. Customers are liable to pay the entire amount of the order before or at the time of delivery.

For Cash On Delivery customers who choose to pay by a credit/debit card at the time of delivery, HEXKART ONLINE LLP. will make its best efforts to receive the order amount through a card swipe machine. However, in the event the machine doesn’t work, customers are required to make the payment by cash. Customers agree to not delay payment or seek further time to make the payment once the order is delivered.

HEXKART ONLINE LLP. reserves the sole right to compensate the customers for any inconvenience caused. A decision to compensate customers for any inconvenience is at the sole discretion of HEXKART ONLINE LLP. and could happen only through digital payments. Any compensation paid by HEXKART ONLINE LLP. will be a separate transaction done through digital payment transfer. Customers cannot deduct any agreed compensation amount from the order amount.

Customer agrees to pay the entire order amount (net of any returned items) in full at or before the time of delivery. Exceptions cannot be made in any circumstances.

Tentative Time for Delivery or Pick-up:

The typical time that is required to process order is 24 hours from receiving the order online. Please note all items (including gifts) will be shipped with an invoice mentioning the price. There is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Customer and HEXKART ONLINE LLP. for purchase and sale of Product through the Website.

We encourage customers frequenting Grocery Expert Ready Pick-up Points to bring their own carry bags to collect their Products. HEXKART ONLINE LLP. shall charge a fee for a carry bag, if required by the Customer. If you believe that the products you ordered are not in good condition, or if the packaging is tampered with or damaged, please refuse to take delivery of the package. In case you find an issue with the product after accepting delivery, you may return the said product to any of the Grocery Expert Ready Pick-up Points and seek recourse as per the terms of refund policy.

HEXKART ONLINE LLP. will make its best efforts to service all customer orders accurately and on time. However, if in certain pressing situations (including force majeure), we are unable to fulfill an order we will not recompense the customer for the delay or the non-delivery of the orders.

Payment: The Product shall not be delivered to the Customer unless the Customer makes the payment of the purchase of Product. In making available any of the payment methods on the Website, HEXKART ONLINE LLP. will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly because of:

Lack of authorization for any transaction/s, or

Exceeding the preset limit offered by participating banks, or

Any payment failure arising out of the transaction, or

Decline of transaction for any other reason/s

Cancellation:

The Customer understands and agrees that the offer for sale of the Product by HEXKART ONLINE LLP. is not an absolute or an unconditional offer. Such offer to sale by HEXKART ONLINE LLP. is subject to repudiation by HEXKART ONLINE LLP. at any time before the delivery of the Product to the Customer, without any obligation to assign or provide any reason for such repudiation, and without any consent from the Customer, and without any liability or any obligation towards the Customer.

Set-off:

In case the Customer has availed any benefit in relation to the Product for which the order has been cancelled by the Customer, he/she agrees and authorizes HEXKART ONLINE LLP. to recover such benefits from the Customer or set-off the same from any refunds to the Customer.

Return and Refund of Products: Product related complaints for refund or replacement are subject to Refund and Return Policy available at Return Policy. Customer and HEXKART ONLINE LLP. unconditionally agree that they are governed by the Return Policy.

The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by HEXKART ONLINE LLP. at the time of purchase of the Product.

Governing Law and Jurisdiction

By agreeing to these terms and conditions you agree that in case of any dispute you will be governed by the laws of India without reference to conflict of laws principles and exclusive jurisdiction lies with the court of Kolkata.

Limitation of Liability

HEXKART ONLINE LLP. shall not be liable for any special, incidental, direct or consequential damages in connection to terms of use, even if the concerned user has informed in advance about the possibility of damages.

Customer Access:

HEXKART ONLINE LLP. may deny customers access to the site at any time and may do so immediately without notice. Such denial of access will be without any liability to HEXKART ONLINE LLP..

Disclaimers

HEXKART ONLINE LLP. reserves the right to limit the quantity of any given product that a customer can purchase.

HEXKART ONLINE LLP., at all times, will make its best efforts to ensure that the information (pricing, images, description, color and other defining attributes of the product) about products is accurate. However, in cases where we might inadvertently publish inaccurate information, we will take corrective actions but reserve the right to cancel the order.

HEXKART ONLINE LLP. does not take responsibility for any inconvenience or interruption of a customer’s browsing experience arising out of connectivity issues. HEXKART ONLINE LLP. also does not guarantee 100% availability of our service. From time to time, owing to maintenance activity, our service will be unavailable – during which time we will be unable to service your orders.

WHAT PERSONAL DATA WE COLLECT AND WHY WE COLLECT IT

1. COMMENTS

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

2. MEDIA

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

3. CONTACT FORMS

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

4. EMBEDDED CONTENT FROM OTHER WEBSITES

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

5. HOW LONG WE RETAIN YOUR DATA

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

6. WHAT RIGHTS YOU HAVE OVER YOUR DATA

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

7. WHERE WE SEND YOUR DATA

Visitor comments may be checked through an automated spam detection service.