Terms & Conditions
Welcome to Gyftskart.
These Terms and Conditions govern your access to and use of the Gyftskart website, mobile-enabled services, physical-store-related online services, products and other services offered by us.
In these Terms:
By accessing, browsing, registering, placing an order or otherwise using our Services, you agree to these Terms, our Privacy Policy, Shipping Policy, Return and Refund Policy and any other policies displayed on our Website.
If you do not agree with these Terms, please do not use the Website or place an order.
1. ELIGIBILITY AND ACCOUNT
You must be legally capable of entering into a binding contract under applicable law to place an order with Gyftskart.
If you are below the age of 18 years, you may use the Website only with the involvement and consent of your parent or legal guardian.
You are responsible for:
Gyftskart reserves the right to suspend, restrict or terminate any account or access where we reasonably believe that:
2. PRODUCT INFORMATION AND REPRESENTATION
We make reasonable efforts to accurately display and describe our products.However, you acknowledge that:
Product photographs are intended to provide a reasonable representation of the product and should not be interpreted as guaranteeing exact colour, texture, finish or appearance unless specifically stated.
Gyftskart reserves the right to:
Nothing in this section is intended to limit rights that cannot legally be excluded under applicable law.
3. PERSONALISATION AND CUSTOMISED PRODUCTS
This section is particularly important for Gyftskart.Certain products may be customised using:
By submitting such content, you represent and warrant that:
You are solely responsible for verifying the accuracy of all personalisation details before placing the order.
Gyftskart shall not be responsible for errors arising from:
Where a preview or mock-up is provided, it is for illustrative purposes unless specifically identified as a final approved production proof.
Minor differences in:
may occur due to the nature of manufacturing and personalisation.
Cancellation of personalised products
Once production, printing, engraving or customisation has started, the order generally cannot be cancelled, modified, exchanged or returned, except where required by applicable law or where the product is demonstrably damaged, defective or materially different from the confirmed order.
This is an important protection because customised products may not be capable of resale.
4. CUSTOMER UPLOADED CONTENT
If you upload photographs, logos, artwork or other content to Gyftskart, you grant Gyftskart a limited, non-exclusive, royalty-free licence to use, reproduce, process, modify where technically necessary and transmit such content solely for the purpose of:
We may refuse or cancel an order containing content that we reasonably believe:
You agree to indemnify Gyftskart against reasonable losses or claims arising directly from content supplied by you that infringes third-party rights or violates applicable law.
5. ORDERS AND ACCEPTANCE
Placing an order constitutes an offer by you to purchase the selected product.
An order confirmation or payment confirmation does not necessarily mean that Gyftskart has accepted the order.
We reserve the right to:
an order where reasonably necessary, including because of:
If we cancel an order before fulfilment, any eligible payment received for the cancelled portion will be refunded in accordance with applicable law and our refund procedures.
Major gifting platforms similarly distinguish between a customer's offer to purchase and the merchant's acceptance of the order, and commonly reserve rights relating to availability, verification and order errors.
6. ORDER MODIFICATION AND CANCELLATION
You should contact Gyftskart immediately if you wish to modify or cancel an order.
We will make reasonable efforts to accommodate the request. However, modification or cancellation may not be possible once the order has:
For personalised, customised, made-to-order or specially sourced products, cancellation may not be permitted after production has commenced.
Gyftskart may deduct reasonable non-recoverable costs where permitted by applicable law and clearly communicated to the customer.
7. PRICING, PROMOTIONS AND PAYMENT
All prices displayed on the Website are subject to change without prior notice.
The applicable price will generally be the price displayed at the time the order is placed, subject to correction of genuine technical or typographical errors.
Prices may vary between:
Discounts and promotional codes:
We reserve the right to cancel or correct an order where a price has been displayed incorrectly due to a genuine technical, system or human error.
8. FRAUD PREVENTION AND PAYMENT VERIFICATION
Gyftskart may take reasonable measures to verify an order or payment.
We may request additional information where we reasonably suspect:
We may delay, suspend or cancel an order until verification is completed.
Any payment gateway is an independent service provider, and transactions may also be subject to the terms of the relevant payment provider.
9. CASH ON DELIVERY
Where Cash on Delivery (“COD”) is offered:
Repeated refusal of genuine COD orders, fraudulent orders or misuse may result in restriction of future COD access.
10. SHIPPING AND DELIVERY
Delivery dates and timelines displayed on the Website are generally estimates unless expressly stated otherwise.
Gyftskart will make reasonable efforts to deliver orders within the indicated period.
However, delays may occur because of:
Accordingly, delivery dates should not be treated as an absolute guarantee unless specifically agreed in writing.
11. CUSTOMER RESPONSIBILITY FOR DELIVERY INFORMATION
You are responsible for providing accurate:
Gyftskart will not be responsible for non-delivery or delay caused by:
You should ensure that the recipient or an authorised person is reasonably available to receive the order.
12. DELIVERY ATTEMPTS AND DEEMED DELIVERY
Where permitted by the delivery circumstances and applicable law, an order may be treated as successfully delivered or delivery obligations may be considered fulfilled where:
For surprise gifts, we may contact either the customer or recipient where reasonably necessary to complete delivery.
Proof of delivery may include:
Similar protections, including recipient unavailability, incorrect addresses, refusal and proof of delivery, are used in the gifting sector because gifts are frequently sent to third-party recipients rather than the purchaser.
13. DELIVERY TO THIRD PARTIES AND SPECIAL LOCATIONS
Delivery to locations such as:
may be subject to the policies and access restrictions of those locations.
If an authorised representative of the location accepts the order on behalf of the recipient, Gyftskart may treat the delivery as completed.
The customer is responsible for providing sufficient information regarding access restrictions, recipient details and any required delivery instructions.
14. FAILED DELIVERY AND RETURNED SHIPMENTS
If delivery fails because of customer or recipient-related reasons, including an incorrect address or refusal to accept delivery:
15. SAME-DAY, EXPRESS OR FIXED-TIME DELIVERY
Where Gyftskart offers same-day, express or time-slot delivery:
Any special delivery charges may be non-refundable once delivery operations have commenced, except where otherwise required by applicable law.
16. PRODUCT AVAILABILITY AND SUBSTITUTION
Certain products, materials, colours, packaging or components may occasionally become unavailable.
Where a substitution is necessary, Gyftskart may:
We will not intentionally substitute a materially inferior product.
Where a suitable substitution is not available, we may cancel the affected portion of the order and provide an eligible refund.
17. GIFT PACKAGING AND GIFT MESSAGES
Gift packaging, complimentary cards or gift messages may be available only for selected products or campaigns.
We reserve the right to:
Customers are responsible for checking the accuracy of gift messages before submitting the order.
Gyftskart shall not be responsible for spelling or content errors supplied by the customer.
We reserve the right to refuse to print or reproduce messages that are unlawful, abusive, threatening, defamatory or otherwise inappropriate.
18. RETURNS, REPLACEMENTS AND REFUNDS
Returns, replacements and refunds are governed by our separate Return and Refund Policy, which forms part of these Terms.
As a general principle:
Personalised and customised products
These may not be eligible for return or exchange merely because the customer:
Damaged, defective or incorrect products
If you believe that you have received a damaged, defective or materially incorrect product, you should notify Gyftskart within the period specified in our Return and Refund Policy and provide:
Gyftskart may require the product to be returned or inspected before approving a replacement or refund.
We reserve the right to investigate claims where there is evidence of:
Nothing in these Terms removes any statutory consumer rights that cannot legally be excluded.
19. PRODUCT WARRANTY
Where a manufacturer or Gyftskart warranty is specifically offered for a product, the warranty terms displayed with that product will apply.
Unless otherwise expressly stated, warranty does not cover:
20. BULK, CORPORATE AND CUSTOM ORDERS
Corporate, bulk, event or specially sourced orders may be subject to separate:
For such orders, the specific written quotation or agreement will prevail to the extent of any conflict with these general Terms.
Once artwork, samples, specifications or quantities have been approved, subsequent changes may result in additional charges or delays.
21. INTELLECTUAL PROPERTY
All content available through Gyftskart, including:
is owned by or licensed to Gyftskart or its respective owners.
You may not reproduce, copy, scrape, download for commercial use, distribute, modify or exploit such content without prior written permission.
Unauthorised use may result in legal action where appropriate.
Your existing Terms already contain a broad intellectual-property framework; this section should be retained and adapted to Indian law and Gyftskart's actual ownership and licensing arrangements.
22. PROHIBITED USE
You must not use Gyftskart to:
Gyftskart may suspend or terminate access where such misuse is reasonably suspected.
23. THIRD-PARTY SERVICES
Gyftskart may use third-party providers for:
Such services may have their own terms and privacy policies.
Gyftskart is not responsible for third-party websites or services that are outside our reasonable control, subject to applicable law.
The Shopify template you supplied already contains protections concerning optional third-party tools and third-party links.
24. CUSTOMER FEEDBACK, REVIEWS AND SUBMISSIONS
If you submit:
you grant Gyftskart a non-exclusive, worldwide, royalty-free right to use, reproduce, display and publish such content for legitimate business, promotional and operational purposes, subject to applicable law and our Privacy Policy.
You remain responsible for ensuring that your submission does not infringe another person's rights.
Gyftskart may remove content that is unlawful, abusive, misleading or inappropriate.
To the maximum extent permitted by applicable law:
Except where expressly stated or required by applicable law, Gyftskart does not provide warranties beyond those specifically applicable to a product or service.
Your existing Shopify Terms already contain a broad warranty disclaimer, but it should be read subject to non-excludable consumer rights under applicable Indian law.
26. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Gyftskart shall not be liable for:
Where liability cannot legally be excluded, Gyftskart's liability shall be limited to the extent permitted by applicable law.
For ordinary contractual claims relating to an order, Gyftskart's aggregate liability should generally not exceed the amount actually paid by the customer for the affected product or service, except where a greater remedy is required by applicable law.
This limitation is intended to protect Gyftskart against disproportionate claims while preserving rights that cannot legally be waived. The Consumer Protection Act also contains specific provisions relating to product liability, so no website term should attempt to override mandatory statutory liability.
You agree, to the extent permitted by applicable law, to indemnify and hold Gyftskart harmless from claims, losses or reasonable expenses arising directly from:
This does not require you to indemnify Gyftskart for losses caused by Gyftskart's own unlawful conduct or liability that cannot legally be excluded.
Gyftskart shall not be responsible for delay or failure caused by events beyond our reasonable control, including:
We will make reasonable efforts to resume performance when reasonably possible.
For complaints, order issues or grievances, please contact:
Grievance Officer: Pradeep Kumar
Designation: Founder
Email: info@gyftskart.com
Phone: 91-9990154321
We will acknowledge and address complaints in accordance with applicable law and our internal grievance process.
Indian e-commerce rules require relevant entities to provide specified information and maintain an appropriate consumer grievance mechanism.
These Terms shall be governed by the laws of India.
Subject to mandatory rights available to consumers under applicable law, the courts having jurisdiction over Ghaziabad, India shall have jurisdiction over disputes arising from these Terms.
Optional arbitration clause for commercial disputes
For disputes involving corporate, bulk or B2B transactions, the parties may agree to resolve disputes through arbitration under the Arbitration and Conciliation Act, 1996, with the seat and venue specified in the relevant commercial agreement.
Your use of Gyftskart is also governed by our Privacy Policy.
Where you provide personal information about a recipient, you represent that you are authorised to provide that information for the purpose of fulfilling the order.
Gyftskart may update these Terms from time to time.
The revised version will be posted on the Website with an updated “Last Updated” date.
Material changes will apply as required under applicable law.
Continued use of the Website after the effective date of revised Terms constitutes acceptance of the revised Terms, except where additional consent is legally required.
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent legally permitted.
The remaining provisions shall continue in full force.
These Terms, together with the applicable:
constitute the agreement between you and Gyftskart regarding the relevant Services.
Legal Entity: ADDNUM INFOTECH PVT LTD
Brand: Gyftskart
Website: Gyftskart.com
Email: info@gyftskart.com
Phone: 91-9990154321
Business Address: 112, Ankur Apartment, Sector-5, Rajender Nagar, Sahibabad, Ghaziabad
GSTIN: 09AAQCA4967M1ZR
Grievance Officer: Pradeep Kumar
