Terms & Conditions

We thank you from the bottom of our heart for placing an order with us and making us a part of your celebrations. We strive hard to make your celebrations memorable and wonderful.

We at “Kim Cake Creation” are a group of hospitality professionals. We love our work and try to serve people in their celebrations and have fun doing so.  We try our level best that whatever we display on our website is delivered with the same quality as promised. In serving you we also care to follow certain guidelines, rules and processes. These terms and conditions are not there to intimidate the user but are there so as to minimise the areas of conflict. We have listed these so that the user is aware of the processes and rules that can affect him/her, his/her order and the recipient.

Please read these Terms and Conditions carefully, clarify them from us if you have any doubts. Be assured that our spirit of working is that everyone should be benefited - our team, our customers and our company.

Terms and Conditions

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

Your use of the Website, services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website, including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with “Kim Cake Creation” and these terms and conditions including the policies constitute Your binding obligations, with “Kim Cake Creation”.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the “Kim Cake Creation” Privacy Policy.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The terms "we", "us", "our" shall mean “Kim Cake Creation”.

When You use any of the services provided by us through the Website, including but not limited to, (e.g. Customer Reviews), You will be subjected to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

Introduction

a) www.kimcakecreation.com  website ("Website") is an Internet based content and e-commerce portal owned and operated by “Kim Cake Creation”; a company incorporated under the laws of India. b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.kimcakecreation.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

User Account, Password, and Security:

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify www.kimcakecreation.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. www.kimcakecreation.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section (b).

You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with you by email or by such other mode of communication, electronic or otherwise.

Use of the Website

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

Charges

Membership on the Website is free for buyers. www.kimcakecreation.com does not charge any fee for browsing and buying on the Website. “Kim Cake Creation” reserves the right to change its Fee Policy from time to time. In particular, “Kim Cake Creation” may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event “Kim Cake Creation” reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to “Kim Cake Creation”.

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of “Kim Cake Creation” in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

Limited User

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that “Kim Cake Creation” name is stated as the source and prior written permission of “Kim Cake Creation” is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

User Conduct and Rules

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
4. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer
5. conduct or forward surveys, contests, pyramid schemes or chain letters
6. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
7. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
8. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
9. violate any applicable laws or regulations for the time being in force in or outside India; and
10. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein

Contents Posted on Site

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without “Kim Cake Creation” express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You

(1) do not remove any proprietary notice language in all copies of such documents,

(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

(3) make no modifications to any such information, and

(4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, " Content"). Such Content will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

User Warranty and Representation

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by www.kimcakecreation.com.

Intellectual Property Rights

1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, “Kim Cake Creation” owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to “Kim Cake Creation” without obtaining authorization from “Kim Cake Creation”
2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same

Links To Third Party Sites

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of “Kim Cake Creation” or the Website and “Kim Cake Creation” is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. “Kim Cake Creation” is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. “Kim Cake Creation” is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by “Kim Cake Creation” or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Disclaimer Of Warranties/Limitation of Liability

“Kim Cake Creation” has endeavoured to ensure that all the information on the Website is correct, but “Kim Cake Creation” neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall “Kim Cake Creation”  be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall “Kim Cake Creation” be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, “Kim Cake Creation” shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond “Kim Cake Creation” control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, “Kim Cake Creation” do not warrant that:

• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.

“Kim Cake Creation” will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.

“Kim Cake Creation” do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications. We will not use your personal information to initiate any promotional phone calls or SMS.

Indemnification

You agree to indemnify, defend and hold harmless “Kim Cake Creation” from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by “Kim Cake Creation” that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Termination

a) “Kim Cake Creation” may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms. b) If you or “Kim Cake Creation” terminates your use of the Website or any Service, “Kim Cake Creation” may delete any content or other materials relating to your use of the Service and “Kim Cake Creation” will have no liability to you or any third party for doing so. c) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.

Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.

Interpretation Of Number and Genders

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. “Kim Cake Creation” does not review the contents in any way before they appear on the Website. “Kim Cake Creation” does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to info@kimcakecreation.com

Product Description

“Kim Cake Creation” we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL KIM CAKE CREATION BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Pricing

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at “Kim Cake Creation” discretion.

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

1. Lack of authorization for any transaction/s, or
2. Exceeding the pre-set limit mutually agreed by you and between your "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

Acceptance of orders

• The orders are accepted via website.
• Only in case of special requirements we accept orders on mail and Customer care phone.

Exactness Not Guaranteed

“Kim Cake Creation” hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as delivered to the recipient.

We DO NOT guarantee delivery of the exact replica of the products mentioned on the website.

• In Case of flower related products - the florists use different wrapping paper, baskets, decoration material, so the arrangements shown in website look little different from actual products delivered. Delivery of exactly same variety or colour of flowers is also subject to availability and freshness. We may choose to deliver a bouquet or basket of same monetary value due to unavoidable circumstances.
• In case of cakes - the bakeries use the pictures as guidelines but they have their own style of preparing same flavoured cakes. Therefore the cakes though are same flavoured might look different. In case the cake you ordered cannot be delivered due to unavoidable circumstances, we will deliver similar cake of same monetary value.
• In case of any other products, if we cannot deliver same products due to unavoidable circumstances, we will deliver similar product of same monetary value.

Products and services delivery - Date and Time slots

The time slots provided at the time of checkout can be selected by user. These are preferred date and time slots of customer. We strive to do deliveries on the selected date and time slot but it is NOT A GUARANTEE. We are committed to do delivery of products and services ordered until 24 hours of the requested delivery date and time slot. Failing to do so we will refund the amount, not before that.

1. For day time delivery, delivery time ranges from 10 AM to 8 PM
2. For midnight orders, delivery could be made anytime between 11:00 PM to 12:30AM.
3. In case of remote locations/small towns it can be made from 10PM to 12:30 AM.
4. No refund will be made in case orders fails to be delivered within provided time slot.
5. Only one attempt for delivery will be made. Please confirm availability of recipient before choosing delivery time. If recipient is not available at the time of delivery, second attempt will not be made and order will be cancelled. No refund will be made in such case.
6. Delivery timings, if promised cannot be guaranteed in case of special circumstances like extreme weather conditions, riots, strikes, elections, bandhs, during rush days like Valentine's Day, Mother’s Day, Rakhi, New year Eve etc. The order cancellation would not be possible in such circumstances and order will be executed on the consecutive days.
7. Special day deliveries are processed until 52 hours of requested delivery date and time slots.

Special days for “Kim Cake Creation” are - Mother’s Day, Father’s Day, Diwali, Holi, Valentine’s Day, Rose Day, Teddy Day, Proposal Day, Hug Day, Kiss Day, Friendship Day, Raksha Bandhan, Christmas and New Year.

Delivery

Title and risk of loss for all products ordered by you shall pass on to you upon “Kim Cake Creation” shipment. Thereafter “Kim Cake Creation” will not be responsible for any loss or damage to the product.

If recipient receives the products in damaged condition

• Recipient should check the products delivered (cakes, flowers, any other) before signing the receipt.
• If product delivered found damaged, recipient should refuse to accept it and immediately inform us.
• Any issues with the products delivered should be reported within 2 hours of receipt, after that no request of replacement or refund will be entertained.
• In case of badly damaged products, replacement will be provided. Kindly allow a minimum of 6 hours for the replacement.

Minimalistic damages like -

• Name/ message on cake not written.
• Name and message not attached with flowers.
• Cream of cake / decoration on cake / flowers packaging issues - will not be eligible for refunds/replacements until unless they are severely damaged.

Keep as surprise

For orders where Keep as Surprise is selected, we will deliver the order as requested without receiver knowing the sender’s detail. In case the receiver refuses to accept the order then we will disclose the sender’s details for the order to be acknowledged and accepted by the receiver. If still the receiver does not accept the order, then the order will be returned and it will be considered as Complete from “Kim Cake Creation” end. Due to time limitation and the gift items being of perishable nature therefore we will attempt our best to have the order delivered within a given timeframe.

Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to info@kimcakecreation.com

Customer care - Call us at   +91 - 9474213310

Available between 10 AM - 5 PM

Non delivery of products

We will be able to attempt delivery of your order only once. For perishable products, delivery attempt can be made again subject to our decision and you may be liable for additional delivery charge in such cases. In the event the delivery is not executed during the attempt, the customer shall still be charged for the order and no redelivery will be possible. We will consider the order executed in the below cases:

1. Wrong shipping/delivery address.
2. Premises locked.
3. Wrong landlines / Mobile number or Extension number which may render us unable to reach the recipient for the delivery.
4. Recipient refusing to accept the delivery.
5. Delivered the product at the Gate / Neighbour as per instruction given by receiver.
6. Recipient not available.

Care Instructions

• All our ingredients are sourced fresh and are of the highest quality
• All cakes are handcrafted by our chefs hence the final product may have variations in colour and design from the website images
• Our kitchens handle ingredients like wheat and nuts and there is a risk of cross-contact and the presence of allergens in some of our products
• Your cake will be delivered in a hygienic & sturdy cardboard cake box
• Non-edible items such as toothpicks, dowels, skewers, sharp objects or wires used to give support to cakes, semi fondant cakes & full fondant cakes. For all cake figurines and structures hence, careful attention needed. All sharp objects need to be removed before serving
• We use only high-quality food grade edible colouring. However, the colour from cream cakes has a staining tendency. The staining on skin is non-toxic and will fade away after a couple of washes.
• All cakes should be stored in a refrigerator.
• Remove the cake from the refrigerator 5 minutes before cutting/serving
• Do not freeze the cake
• Do not keep cakes near sunlight or warm places
• Fondant cakes have a shelf life of 1 day only
• Tips to get clean cake slices:
  • Dip any knife in hot water, immediately wipe with a clean towel and cut the cake
  • Wipe the knife after cutting every slice for a smooth & clean cut