Terms and Conditions

Thank you for visiting our website www.wishkolkata.com which is owned and operated as a proprietorship business under the aegis of Siddhartha Sen, with its registered address at 533/1/B, Rajdanga Main Road, Kolkata, West Bengal - 700107, INDIA. By continuing to browse through and use this website, you agree to and are bound by these terms and conditions of use. If you disagree with any part of these stated terms and conditions or our privacy policy, please do not use this website or any services offered on this website.

The term ‘Ichchhapuron Gifts’, ‘IP Gifts’ and/or ‘us’ and/or ‘we’ refers to the proprietorship that is the owner of this website with its Certificate of Enlistment number 0552 8611 0675, given by the Kolkata Municipal Department. The term ‘you’ and/or ‘sender’ refers to the user and /or viewer of this website.

This document is an electronic record in terms of Information Technology Act, 2000, and rules made there under and published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Ichchhapuron Gifts, through the website www.ipgifts.com currently provides the service of providing curated gifts in the form of sweets, flowers, fruits, cakes, confectionery and bakery items, fresh fish and other perishable and non-perishable products. This Agreement shall continue to be in full force and effect for so long as you are using the site. By clicking on the “Proceed to Payment” button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations.

By continuing to use this site, you represent that (1) all of the information you provide is accurate, current and complete, (2) you will be solely responsible for all transactions that take place using your account, and (3) you will be solely responsible for maintaining the secrecy and security of your account and password. We reserve the right to refuse service, terminate your account, or cancel your orders in our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

The Terms of Use herein are subject to change from time to time by www.ipgiftss.com without notice and we strongly recommended that you periodically review the Terms of Use as available on this document. The content of the pages of this website is for your general information and use only.

This website uses cookies to monitor browsing preferences. Unauthorized use of this website may give rise to a claim for damages and / or be a criminal offence.

INFORMATION USE AND ACCURACY DISCLAIMER

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. If any inaccuracies or errors are brought to our attention, we will take action to correct these as soon as possible

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

STANDARD TERMS OF AGREEMENT

You agree to the following standard terms in order to avail gift services that Ichchhapuron Gifts provides.

Product description: The sender is will read thoroughly the product description and order processing time before placing the order.
Delivery limitation: Fresh fish, meats, fruits and fresh sweets can only be delivered in and around Kolkata. If any perishable product is ordered for an external location (beyond Kolkata), Ichchhapuron Gifts has the right to change the product and replace it with another product of equal value.
Delivery time: If the sender has requests for an extremely specific delivery time, it will be kept as the primary delivery time option, but in case of unforeseen circumstances, the delivery time may change. On special days, such as- Mother's Day, Vijaya Dashami, Bhai Phonta, it is not possible to maintain any specific order time. In case delivery is not possible due to the recipient not being at home, Ichchhapuron Gifts shall attempt delivery of the products the next day, unless the product is perishable. In case of perishable products, the total cost will have to be borne by the sender and no refund will be possible. However, things that can be refrigerated, will be delivered the next day. Midnight deliveries can only be done at specific localities between 11:45 PM and 12:30 AM. Ichchhapuron Gifts does not guarantee delivery on a particular date for orders outside Kolkata as they are sent through third party courier services.
Product availability: Ichchhapuron Gifts reserves the right to change any gift item in case of unavailability at the time of delivery. Photographs of products are indicative only. A flower arrangement might look different from the photo based on availability. Ichchhapuron will try their best to bring you the freshest products, and prioritise that above matching them to photos. In case of fruit baskets, all the fresh fruits might not be available around the year, but Ichchhapuron will opt for the best available seasonal fruits.
Location and communication guarantee: You, as the sender of the gifts, are expected to provide proper communication information. Refund will not be provided in case of unavailability of a recipient on call / incorrect address / unapproachable or untraceable locations.
Minimum order value: You, the sender, agree to the minimum order value of $20 while placing your request.

REFUSAL AND/OR CANCELLATION OF ORDERS

Ichchhapuron Gifts reserves the right to refuse or cancel any order, at any time, without any reason. Potentially, this could be caused due, but is not limited to, lack of inventory, error in inventory management systems, force majeure, shipping issues, quality control, violation of prohibited content, error in pricing or information on website, fraud or payment issues. Should your order be refused or cancelled from our end due to unavoidable circumstances, we will inform you as soon as possible, and if payment has already been accepted for it, it will be credited back to you in the next 2-4 days, or an alternative to purchase something else of similar value will be given.

In case you wish to cancel an order, this can only be done up to 24 hours before the scheduled date and time of delivery. Orders with higher processing time, including those with unique customisation, can only be cancelled up to 48 hours up to the the date and time of delivery. Such higher expected processing time will be clearly mentioned against products. The order value of a cancelled order will be returned as a credit voucher that can be used in a future order.

QUANTITY LIMITATIONS

Ichchhapuron Gifts reserves all rights to limit the quantity that can be purchased per order or per person. In case of such limitations being placed, we will inform you as soon as possible. If you’re interested in ordering in bulk, please contact us through the “Contact Us” link on the website, and we will be able to process your order and provide you with a custom rate depending on the type and bulk of order.

QUALITY CONSIDERATIONS

Any complaints you may have regarding fresh and raw products will be accepted by us only within 6 hours of delivery, so that the same can be replaced and redelivered within the next 24 hours. Any delivered items found damaged must be reported to us within 24 hours of delivery. Complaints at a later date will not be entertained.

RESTRICTIONS OF USE

You are expressly and emphatically restricted from all of the following:

Publishing any Website material in any media
Selling, sublicensing and/or otherwise commercializing any Website material
Publicly performing and/or showing any Website material
Using this Website in any way that is, or may be, damaging to this Website
Using this Website in any way that impacts user access to this Website
Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity
Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website
Using this Website to engage in any advertising or marketing
Certain areas of this Website are restricted from access by you and Ichchhapuron Gifts and / or IP Gifts may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

TRADEMARK AND INTELLECTUAL PROPERTY RIGHTS

This website contains material which is owned by or licensed to us. This material which includes, but is not limited to, the names, design, text, logos, layout, look, appearance, softwares, graphics and furthermore all related events, classes, products & service names, design marks, slogans are the trademarks or service marks of Ichchhapuron Gifts (www.ipgifts.com). These IPRs may not be used in connection with any product, event, class or service that is not offered by us in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this site are the property of their respective owners, our affiliates, partners or suppliers.

You agree not to and it is strictly prohibited to modify or copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the website for any personal, commercial or public purposes, without our prior written permission.

VIOLATIONS OR ALLEGED VIOLATIONS IN THE TERMS OF SERVICE

In the case of any violation, or alleged violation of the Terms of Service, Ichchhapuron Gifts reserves all right to terminate all your interactions with the site, including removal of any of your information on its servers, with or without any notification to you and refusing any future access to you to the site. In order to provide a fair response to any allegation of such violation, you agree that Ichchhapuron Gifts or its employees or representatives might access your accounts and your User Content if needed. Ichchhapuron Gifts is not required to disclose such internal investigation unless required by law.

Ichchhapuron Gifts retains the right to monitor the website for prohibited conduct or content, but does not in any way assume the responsibility to do so. Should it choose to do so, it would be in its sole discretion, and it would not be required to make such monitoring public. If you are aware of such violation of the terms of service, please reach out to us through the Contact Us details provided on the website.

LIABILITY DISCLAIMER

Ichchhapuron Gifts disclaims all liability for loss, expense or damage, whether direct, indirect, consequential or foreseeable suffered by the user or any third party arising out of, or caused in connection to the use or access of the site, the information or materials contained in the site or the services provided by the site. Neither Ichchhapuron Gifts, nor any third party will be liable for any data loss, theft, cyber theft, decline of transaction or any such event. Under no circumstances will we be liable for any loss or damage caused by the use or misuse of our products, or your reliance on information in any content on our websites.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE A CREDIT OR REFUND, PROVIDED AT OUR DISCRETION

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Ichchhapuron Gifts, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms or your use of our website, including, but not limited to, any use of our website's content, services and products other than as expressly authorized in these terms or your use of any information obtained from our website.

ASSIGNMENT

Ichchhapuron Gifts shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These terms and our privacy policy constitute the sole and entire agreement between you and Ichchhapuron Gifts with respect to our website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our website.

APPLICABLE LAW

These terms of service and the use of the website shall be construed in accordance and governed by the in all respects by the laws of West Bengal and the Government of India. You hereby irrevocably consent that exclusive jurisdiction to any legal disputes arising through these Terms of Service and through the use or access of the site shall lie with the courts in Kolkata in India.

CONTACT US

If you have any questions about these Terms and Conditions, please contact us at ichchhapurongifts@gmail.com or on +91 9958456611. Thank you for visiting our website. We hope to serve you and bring joy to your loved ones through the magic of gifting.