Terms and Conditions
1. Introduction
1.1 www.houseofninety9.com (the”website”) is operated by houseofninety9 (the “Company”, “we”, “us” and “our”). The company is a Sole Proprietor company. Our registered address is 12 Bal Vihar, Rampura road, Kalyanpura, Jaipur 302029. In this Terms and Condition document, houseofninety9 means houseofninety9, and any corporate affiliate, including XCIX, Cielle, and Baby Carrot 1.2 These are the terms and conditions ("Terms") which govern your interaction with our Website and related services (including any applications which allow you to buy our products from us on mobile devices) ("Services"). In particular (but without limitation) these Terms apply to any invitation to treat, offer, sale and purchase of any products on our Website ("Products"). Please read these terms and conditions carefully before using the Website or ordering any Products. By using our Website, you agree to be bound by these terms and conditions. 1.3 These terms and conditions should be read alongside, and apply in addition to, our “Privacy Policy” (and the Cookies Policy it contains), which contains important information regarding how we use your personal data. 1.4 We reserve the right to change these terms and conditions from time to time by updating the version generally available on the Website. By accepting these terms and conditions you undertake to check, prior to each use of the Website, for any changes to these terms and conditions. Your continued use of the Website, after any such changes to these terms and conditions, will constitute your acceptance of these terms and conditions as amended.
2. Orders
2.1 We currently ship within India with our website. 2.2 You can contact us at support@houseofninety9.com.
3. Use of Website
3.1 You warrant that the information that you provide when you register for an account on the Services is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately. We may also change registration requirements from time to time. 3.2 We may change, withdraw, or suspend access to the Services (in whole or in part and permanently or temporarily) with or without notice and with no liability to you. 3.3 The Services may include links to other websites or resources. We have no control over the content of such websites and shall not be responsible or liable to you in any way for their content. We shall not be deemed to endorse or have any affiliation with any other website, service or products as a result of the Website linking to them and you are advised to check the terms that apply in relation to any such third party websites. 3.4 Any material that you upload to the Website or which you send to us via any other medium (including all social media) will be considered non-confidential, non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose. Subject to our Privacy Policy, we also have the right to disclose your identity to any third party who claims that such material infringes their intellectual property rights or their right to privacy. 3.5 We will not be responsible or liable to you or any third party for the content or accuracy of any materials posted by you or any other user of the Services and you agree to be responsible to us for and indemnity us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of the Services. 3.6 We have the right to remove any material or posting you make on the Services at our sole discretion.
4. Purchase of Products
When purchasing a product using the Services you are making a contract for purchase with Houseofninety9 on the terms and conditions set out in these Terms.
5. Orders
5.1 You agree that our Products displayed on the Website or other Service is an invitation to treat and that your order for any Product(s) is an offer to purchase such Product(s). All orders are subject to our acceptance and availability. Items that are placed in your shopping basket are not reserved and may be purchased by other customers. We will inform you if we are unable to fulfil your order. 5.2 We may choose not to accept your order in our discretion for any reason without liability to you. Examples of occasions we may not accept your order are: that we are unable to obtain authorisation for payment; shipping restrictions apply to a particular item; the item ordered is out of stock; the item ordered does not satisfy our quality control standards and is withdrawn; or that you do not meet the eligibility criteria set out within these Terms. 5.3 We are under a legal duty to supply goods that conform with their description on the website. 5.4 We may also refuse to process (and therefore accept) a transaction for any reason to anyone at any time at our sole discretion. This includes refusing to process a transaction or unwinding or suspending any transaction after processing has begun. 5.5 After submitting an order to us, we will send you an order acknowledgment email. This email will include your order number, details of the items you have ordered from us and delivery details. Please note that this email is an acknowledgement of your order and is not an acceptance of your order. 5.6 Acceptance of your order and formation of a contract of sale takes place when your order has been dispatched and we have sent you an email confirming this. 5.7 When placing an order for the first time, you may be required to or may be offered the option to register with us and complete certain required fields on an order form. Where we ask you to provide and use identifiers and passwords to access restricted parts of the Website, it is on condition that you shall be responsible for ensuring that such identifiers and passwords are kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware or suspect any unauthorised use of your account. 5.8 The status of any order is usually updated within 1 hour but we make no representation or warranty as to any such functionality or uptime. 5.9 Payment will be debited from your card when your order is placed. 5.10 We may store a record of your transactions in accordance with our Privacy Policy.
6. Prices
6.1 Prices shown on the Website in INR are inclusive of VAT/sales tax. Prices do not include delivery costs. 6.2 All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Website at the time the order is accepted will be honoured, except in cases of obvious error.
7. Payment
7.1 Payment can be made by Visa, MasterCard and UPI. Payment will be debited and cleared from your account upon completion of the order process on the Website or other Service. When you select the option at checkout, you will be directed to the associated site to ‘Log In’ to your account and review the total amount to pay before clicking ‘Pay Now’. Once you click ‘Pay Now’ and you are returned to the Website, your transaction is complete. We shall have no responsibility or liability in relation to the terms and conditions agreed between you and PayPal, Google Pay, Amazon Pay or any other payment gateways like Paytm, Phonepay, BHIM, etc. 7.2 You confirm that the credit/debit card or payment intermediary account that is being used is yours or that you have been specifically authorised by the owner of the same to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. 7.3 To help ensure that your shopping experience is safe and secure, we (or our third party payment processors, as applicable) use industry standard security systems to encrypt your payment details to guard against unauthorised access. 7.4 You can save Credit/Debit Card details in your account and use them to complete future orders. For your security, you will always be asked to enter your CVV code at checkout. We receive authorisation to charge your account once the order is placed and the pending transaction will be settled upon dispatch. For security and fraud prevention, all orders made with a credit or debit card are subject to authorisation and our fraud team may ask for further details before an order is processed. 7.5 We have the right to cancel your purchase without prior notification. Examples of occasions we may choose to cancel your purchase are: your card details have been flagged by our fraud screening processes or are declined by our fraud screening processed. 7.6 Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but to the maximum extent permitted by law, and in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website. Please also refer to the terms of our [Data Promise].
8. Delivery
As soon as we start packing your order we will send you a shipping confirmation email with the delivery details and a link to track your parcel online. You will also be able to track your order under ‘Orders’ when you sign in at “My Account”. 8.1 Our delivery and returns representative DELHIVERY will deliver your purchases to you. 8.2 Ownership of any products ordered by you from us shall pass to you on the date and time of delivery to your nominated address.
9. Shipping
9.1 When your order is shipped, we will send you a confirmatory email, which will include your tracking number. You can track and trace your order using that link. Order status usually updates within an hour after the order has been placed, but functionality and uptime cannot be guaranteed. 9.2 When placing your order please ensure that the billing and shipping address details are correct as we are unable to redirect packages once an order has been processed. You are responsible for any inaccurate or incomplete details provided to us. 9.3 To contact us regarding shipping email us at support@houseofninety9.com.
10. Delivery Costs and Time
10.1 We deliver Monday to Saturday excluding public holidays. Unless otherwise stated on the Website, delivery times, costs and other details are as stated below. 10.2 In India;
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Standard Sipping: SURFACE
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Priority Shipping: EXPRESS
10.3 Delivery times are estimates and start from the date of dispatch. While we strive to meet the indicated delivery times, unforeseen circumstances such as strikes and unexpected transport issues may impact the actual delivery schedule. We appreciate your understanding in such situations, and we assure you that we will make every effort to minimize any inconvenience caused by these factors.
11. Returns
11.1 When you place an order on houseofninety9.com, you are welcome to return any item(s) within 15 days of delivery. The customer is responsible for covering the cost of return postage. 11.2 Items must be returned in their original condition. Returns that have been used, altered or damaged will not be accepted and may be sent back to you and/or a refund refused. 11.3 Products must be returned unused, unopened, and in their original packaging or they will not be accepted. 11.4 You are responsible for all Products until returned to us. We are not liable for the loss in return transit. We recommend using a traceable delivery method and taking note of your tracking number. 11.5 Once the items have been received they will undergo a quality review. Once cleared, you will receive a refund on the cost at purchase price (excluding original shipping cost) directly to the original method of payment used for purchase. We endeavour to process refunds as soon as they are received but please allow 7 working days for returns to be processed. You will receive an email notification of the status of your refund once processed. 11.6 We do not refund initial shipping charges for items returned, other than for faulty items. Your own return postage costs are not refundable. 11.7 Nothing in these Terms shall affect your right to return products under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any equivalent or replacement laws.
12. Refunds
12.1 Refunds will be credited to your original method of payment. Original shipping charges, duties and taxes will not be refunded. If your return was purchased in a currency other than your local currency, refunds will be paid in the same currency. On receipt of return, we shall process the refund as soon as possible.
13. Trademarks
If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trade mark to us, and only after securing prior written permission from houseofninety9 to do so, which may be given, or refused, at its sole discretion, and subject to any terms or conditions it may deem fit. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products, or services (including this Website), or in a manner that implies any kind of any association/affiliation with houseofninety9.