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    Terms & Conditions

    Terms & Conditions 
    1. Introduction
    1.1 The term ‘Bake Mela’ or ‘we’ or ‘us’ refers to Bake Mela. The term ‘you’ refers to the client/customer or user of any interface provided by Bake Mela.
    1.2 Your use of Bake Mela’s products, including products of other producers, sellers and distributors supplied to you by Bake Mela and services (referred to as the “offering” in this document and excluding any offering provided to you by Bake Mela under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Bake Mela will always include, at a minimum, the terms and conditions set out in this document.
    2. Accepting the Terms
    2.1 Bake Mela shall interact with customers/clients through e-mail, through forms on the website and by means of a phone call or similar services. By making use of our website or any other interface provided Bake Mela, it will be assumed that you agreed to the Terms of Service even if no transaction has taken place. 
    2.2 In order to use the offering and make a purchase, you must explicitly agree to the terms. You may not use the offering or make a purchase if you do not accept the terms. You will be requested to accept terms in the check out/order confirmation process.
    3. Provision of the offering by Bake Mela
    3.1 Bake Mela will attempt to continuously innovate in order to provide the best possible offering for its users. You acknowledge and agree that the form and nature of the offering which Bake Mela provides may change from time to time without prior notice to you.
    3.2 You acknowledge and agree that Bake Mela may stop (permanently or temporarily) providing the offering (or any features within the offering) to you or to users with or without notice, generally at Bake Mela's sole discretion.
    3.3 You acknowledge and agree that while Bake Mela may not currently limit your use of the offering in any way, it may do so if that use hinders with the ability of Bake Mela to carry on its operations or the ability of other customers to use the offering.
    3.4 The supply of the offering will be subject to your making the payment according to the procedure(s) decided by Bake Mela.
    3.5 Bake Mela shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof.
    3.6 By using Bake Mela and its services you agree to the following disclaimer: contents on the website are meant to inform and do not represent the thoughts or opinions of Bake Mela as a company. Bake Mela disclaims any liability for outdated information and reserves the right to make changes and updates to content without any prior notice. The prices in baker listings are not guaranteed by Bake Mela. Baker names and any content provided by them in a listing may be trademarked by the respective baker. All content, including but not limited to pictures, logos and menus in the baker listing is provided by the baker themselves and thus may be copyrighted by the owner. If you feel there is any copyright or trademark infringement it is your responsibility to report to Bake Mela at contact@bakemela.com and include the exact URL of the page in question. Re-publishing or re-use of any content on the Bake Mela website cannot be done without the expressed written permission of the baker/owner of content or Bake Mela.
    4. Use of the offering by you
    4.1 In order to access the whole or part of the offering, you may be required to provide information about yourself as part of the registration process for the listing service, or for your continued use of the offering. You agree that any registration information you give to Bake Mela will always be accurate, correct and up to date. Up-to-date mobile/telephone number, e-mail address and home/business address are absolutely necessary to ensure successful processing of your listing/order. All information asked on the listing/order page must be filled in precisely and accurately. Bake Mela will not be liable for mis-information or other issues arising because of incorrect information provided by the customer. Bake Mela can share customer/client information with Employees and agents (for example, Bake Mela may share addresses with delivery agents).
    4.2 You agree to use the offering only for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.
    4.3 You agree not to access (or attempt to access) the offering by any means other than through the interface that is provided by Bake Mela, unless you have been specifically allowed to do so in a separate agreement with Bake Mela. You specifically agree not to access (or attempt to access) any of the websites or online resources of Bake Mela through any automated means (including through the use of scripts or web crawlers), nor to engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering).
    4.4 Unless you have been specifically permitted to do so in a separate agreement with Bake Mela, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
    4.5 You agree that you are solely responsible for (and that Bake Mela has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bake Mela may suffer) of any such breach.
    4.6 Bake Mela reserves the right but is not under obligation to review, flag, change, highlight or remove some or all content provided by a baker on the website.
    4.7 By using Bake Mela and associated services you agree that you are solely responsible (and Bake Mela has no responsibility to you or third party) for any content you create and submit for display on the Bake Mela website and any losses or damages Bake Mela may face by your doing so.
    4.8 Bake Mela reserves the right to access your bakery facebook page or website and select pictures at our discretion for use on your Bake Mela listing as it is used purely for the purposes of promoting your baking business. This would not be considered a breach of copyright.
    4.9 You agree without reservation that any information you provide on the listing form can be published in the Bake Mela directory.
    4.10 You do not object to Bake Mela contacting you with relevant baking related information and offers.
    4.11 Bake Mela operates using an SMS service to connect bakers to end customers. By completing a listing form and paying for the appropriate level of service you agree that end customers can contact you through the Bake Mela website using our SMS service. You agree to receive SMS from Bake Mela in regards to customer enquiries. You agree to provide an up to date phone number for these purposes.
    
    5. Your passwords and account security
    5.1 You agree and understand that you are responsible to Bake Mela and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering or any online resource provided by Bake Mela. You will be solely responsible for all activities that occur under your account.
    5.2 Bake Mela will take due care to ensure the confidentiality of the information provided by you. More details regarding our treatment of your personal information can be found in our Privacy Policy. You agree and acknowledge that in the very unlikely event of the information becoming known to a third party on account of an intrusion into Bake Mela database, Bake Mela shall not be made liable for the resulting damages.
    6. Intellectual Property in the offering
    6.1 You should be aware that the offering, including but not limited to advertisements and promotional material of Bake Mela or other companies, is protected by intellectual property rights which are owned by Bake Mela, or the sponsors or advertisers who provide that content to Bake Mela (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on the offering (either in whole or in part) unless you have been specifically told that you may do so by Bake Mela or by the owners of that content, in a separate agreement.
    6.2 You agree that you are solely responsible for (and that Bake Mela has no responsibility to you or to any third party for) any content that you create, transmit or display while using the offering or for the consequences of your actions (including any loss or damage which Bake Mela may suffer) by doing so.
    6.3 You understand that if you notice any person, institution or company which has, or has attempted to modify, rent, lease, loan, sell, distribute, copy or create derivative work based on the offering, it is your duty to bring it to the attention of Bake Mela officials immediately, who will take due action against the same.
    6.4 Reviews. commenting, communications and other content
    Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content.  Bake Mela reserves the right (but not the obligation) to remove or edit any content.
    If you do post content or submit material, and unless we indicate otherwise, you:
    (a) grant Bake Mela and its affiliates a non-exclusive, royalty-free and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media
    (b) grant Bake Mela and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
    You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. 
    You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to Bake Mela:  (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Bake Mela policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Bake Mela and its affiliates for all claims brought by a third party against Bake Mela its affiliates arising out of or in connection with a breach of any of these warranties.
    
    7. Intellectual Property rights
    7.1 Unless Bake Mela has otherwise agreed in writing, nothing in the terms gives you a right to use any of Bake Mela’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unauthorized use of Bake Mela’s trademark shall be an offence. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
    8. License from Bake Mela
    8.1 Bake Mela gives you a Personal Non-Exclusive license to use the offering provided to you by Bake Mela. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by Bake Mela, in the manner permitted by these terms.
    8.2 You are not entitled to commercially exploit by sale, or transfer commercially or profit from the offering and products, except with the express written consent of Bake Mela.
    8.3 The source code of the software/interface provided by Bake Mela is protected under Copyright, Designs and Patents Act 1988. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
    8.4 Unless Bake Mela has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
    8.5 The payment mode for the offering will be determined at the sole discretion of Bake Mela, and the payment cycle will be in the manner decided at the discretion of Bake Mela.
    9. Ending your relationship with Bake Mela
    9.1 Bake Mela may at any time, terminate its legal agreement with you if:
    (A) You have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
    (B) Bake Mela is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)
    (C) For any other reason, after giving a notice of 7 days by e-mail. 
    9.2 When these terms come to an end, all of the legal rights, obligations and liabilities that you and Bake Mela are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
    10. Exclusion of warranties
    10.1 You expressly understand and agree that your use of the offering is at your sole risk and that the offering is provided as is and as available.
    10.2 In particular, Bake Mela does not represent or warrant to you that your use of the offering will meet your requirements. 
    10.3 Any material downloaded or otherwise obtained through the use of the website or software of Bake Mela is done at your own discretion and risk and Bake Mela will not be responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
    10.4 No advice or information, whether oral or written, obtained by you from Bake Mela or through or from the offering shall create any warranty not expressly stated in the terms.
    10.5 Bake Mela further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
    11. Limitation of liability
    11.1 Subject to overall provision in clause above, you expressly understand and agree that Bake Mela shall not be liable to you for:
    (a) Any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or offering, or other intangible loss;
    (b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
    (i) Any changes which Bake Mela may make to the offering, or for any permanent or temporary cessation in the provision of the offering (or any features within the offering);
    (ii) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the offering;
    (iii) Your failure to provide Bake Mela with accurate information;
    (iv) Your failure to keep your password or account details secure and confidential;
    (c) To the fullest extent permissible by law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
    12. Changes to the Terms
    12.1 Bake Mela retains the right to make changes to these terms, append new terms or remove certain terms from time to time at their discretion and is under no obligation to inform you of such changes. The same may be done without prior intimation to you. Your continued use of the offering will indicate your acceptance of the modified terms.
    When these changes are made, Bake Mela shall make the amended copy of the terms available in an accessible location.
    13.  Products
    13.1 We always try to represent as accurately as possible every characteristic of the products via photography. However, each item is baked by local bakers in India; thus, the final product might not be identical to that pictured on the website.  
    13.2 We reserve the right to amend the specifications of products, their price and any service associated with the products at any time, without prior notice.
    14. Sales
    14.1 All prices are in Indian Rupees (INR), and are payable in Indian Rupees (INR) only along with any applicable taxes.
    14.2 In order to accommodate for potential changes in prices, we reserve the right to change prices at any time, without prior notice. 
    14.3 You shall be notified if there is any delay in the processing your membership of the Bake Mela home baker’s club or if the order cannot be placed due to some reason.
    15. Subscribing to products
    15.1 Your order represents an offer to us to subscribe a product, which shall be considered to be accepted by us only when we send an email confirming the same.
    15.2 Any order by you whose acceptance has not been confirmed through an email shall not form a part of the contract even if they were part of the same offer by you.
    15.3 The company shall under no circumstances be held liable for any special losses to specific customers owing to the circumstances which visit the customer and any indirect or consequential loss, for loss of profits or damage to property or for wasted expenditure.
    15.4 Before ordering from us, it is your responsibility to check and determine your full ability to comply with listing requirements. 
    15.5 fulfilment of the benefits of your subscription to the home bakers club may be contingent on you supplying information/content of the adequate quality.
    15.6 The home baker’s club premium membership entitles member to one facebook post on the Bake Mela facebook page during the period of membership. The time of posting is at the discretion of Bake Mela and subject to suitable content being provided. 
    16. Payment
    16.1 All orders are paid only through credit/debit card, online transfer or cheque. You are required to pay for your listing subscription in full for a set period in advance. 
    16.2 The subscription will be submitted for processing as soon as you click on the “Place Order” button. You will then receive an email from us confirming the subscription request with further instructions.
    16.3 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or by reason of unwinding or suspending any transaction after the processing has begun.
    16.4 Subscriptions are non-refundable and must be bought for a specified set period. Upgrades are possible but downgrades in membership/subscription plan is not possible.
    17. Service Availability
    17.1 Bake Mela listings and services are available pan-India. Bake Mela does not guarantee every listing applicant will be published and reserves the right to not publish a listing without prior warning written or otherwise. 
    17.2 All listing estimates given at the time of completing listing are subject to change. 
    17.3 You can change your contact and listing details  by sending an email to contact@bakemela.com.
    18. Refunds Policy
    18.1 Subscriptions to the Bake Mela home baker’s club are non-refundable and must be paid for advance for a set specified period. You cannot downgrade a plan once purchased.
    18.2 Refunds: It is a Bake Mela policy that refunds are only offered under the situation of gross misconduct and any refund request would be subject to an investigation. Therefore, a refund request can take up to 30 days to process. It is your right and responsibility to read the terms and conditions before submitting the listing form and sending payment for listing. To request a refund please submit any complaint to contact@bakemela.com.
    19. Advertising
    19.1 Bake Mela services are in some cases supported by advertising revenue and thus display advertisements and promotions may be found on the website. The adverts may be targeted on contextual parameters or query based.
    19.2 By granting you access to use the website and services of Bake Mela you are agreeing to the placement of advertising on the website.
    19.3 Bake Mela is not required to provide any notice when changing the manner, mode or extent of advertising.
    20. General legal terms
    20.1 Sometimes when you use the offering, you may (as a result of, or through your use of the offering) use a service or download a piece of software, or utilize goods, which are provided by another person or company. Your use of such other offering, software or goods may be subject to separate terms between you and the company or person concerned.
    20.2 The terms constitute the legal agreement between you and Bake Mela and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which Bake Mela may provide to you under a separate written agreement), and completely replace any prior terms agreed upon between you and Bake Mela in relation to the offering.
    20.3 You agree that if Bake Mela does not exercise or enforce any legal right or remedy which is contained in the terms (or which Bake Mela has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bake Mela's rights and those rights or remedies will still be available to Bake Mela.
    20.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
    20.5 The terms, and your relationship with Bake Mela under the terms, and any dispute arising out of such use of the offering of Bake Mela is subject to the Indian laws.
    Bake Mela is a Zedoo Group Pvt Ltd Company. 
    Date of last update 29/04/2013.
    
    
    BAKE SHOP TERMS & CONDITIONS
    
    1. Introduction
    1.1 The term ‘Bake Shop’ or ‘we’ or ‘us’ refers to Bake Mela Bake Shop herinafter referred to as 'Bake Shop'. The term ‘you’ refers to the client/customer or user of any interface provided by Bake Shop.
    1.2 Your use of Bake Shop’s products, including products of other producers, sellers and distributors supplied to you by Bake Shop and services (referred to as the “offering” in this document and excluding any offering provided to you by Bake Shop under a separate written agreement) is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Bake Shop will always include, at a minimum, the terms and conditions set out in this document.
    2. Accepting the Terms
    2.1 Bake Shop shall interact with customers / clients through e-mail, through our website and by means of a phone call, Skype or similar services. By making use of our website or any other interface provided Bake Shop, it will be assumed that you agreed to the Terms of Service even if no transaction has taken place. 
    2.2 In order to use the offering and make a purchase, you must explicitly agree to the terms. You may not use the offering or make a purchase if you do not accept the terms. You will be requested to accept terms in the check out process.
    3. Provision of the offering by Bake Shop
    3.1 Bake Shop will attempt to continuously innovate in order to provide the best possible offering for its users. You acknowledge and agree that the form and nature of the offering which Bake Shop provides may change from time to time.
    3.2 You acknowledge and agree that Bake Shop may stop (permanently or temporarily) providing the offering (or any features within the offering) to you or to users with or without notice, generally at Bake Shop’s sole discretion.
    3.3 You acknowledge and agree that while Bake Shop may not currently limit your use of the offering in any way, it may do so if that use hinders with the ability of Bake Shop to carry on its operations or the ability of other customers to use the offering.
    3.4 The supply of the offering will be subject to your making the payment according to the procedure(s) decided by Bake Shop.
    3.5 Bake Shop shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof.
    4. Use of the offering by you
    4.1 In order to access the whole or part of the offering, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the offering. You agree that any registration information you give to Bake Shop will always be accurate, correct and up to date. Up-to-date mobile/telephone number, e-mail address and delivery address are absolutely necessary to ensure successful delivery of your item. All information asked on the checkout page must be filled in precisely and accurately.  Bake Shop will not be liable for mis-delivery or other issues arising because of faulty information provided by the customer. Any costs associated with mis-delivery will be charged to the customer.
    Bake Shop can share customer/ client information with Employees and agents (for e.g. Bake Shop may share addresses with delivery agents).
    4.2 You agree to use the offering only for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.
    4.3 You agree not to access (or attempt to access) the offering by any means other than through the interface that is provided by Bake Shop, unless you have been specifically allowed to do so in a separate agreement with Bake Shop.
    You specifically agree not to access (or attempt to access) any of the websites or online resources of Bake Shop through any automated means (including through the use of scripts or web crawlers), nor to engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering).
    4.4 Unless you have been specifically permitted to do so in a separate agreement with Bake Shop, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
    4.5 You agree that you are solely responsible for (and that Bake Shop has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bake Shop may suffer) of any such breach.
    5. Your passwords and account security
    5.1 You agree and understand that you are responsible to Bake Shop and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering or any online resource provided by Bake Shop. You will be solely responsible for all activities that occur under your account.
    5.2 Bake Shop will take due care to ensure the confidentiality of the information provided by you. More details regarding our treatment of your personal information can be found in our Privacy Policy.
    5.3 You agree and acknowledge that in the very unlikely event of the information becoming known to a third party on account of an intrusion into Bake Shop database, Bake Shop shall not be made liable for the resulting damages.
    5.4 If you become aware of any unauthorized use of your password or of your account, you agree to notify the customer service team at Bake Shop immediately.
    6. Intellectual Property in the offering
    6.1 You should be aware that the offering, including but not limited to advertisements and promotional material of Bake Shop or other companies, is protected by intellectual property rights which are owned by Bake Shop, or the sponsors or advertisers who provide that content to Bake Shop (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on the offering (either in whole or in part) unless you have been specifically told that you may do so by Bake Shop or by the owners of that content, in a separate agreement.
    6.2 You agree that you are solely responsible for (and that Bake Shop has no responsibility to you or to any third party for) any content that you create, transmit or display while using the offering or for the consequences of your actions (including any loss or damage which Bake Shop may suffer) by doing so.
    6.3 You understand that if you notice any person, institution or company which has, or has attempted to modify, rent, lease, loan, sell, distribute, copy or create derivative work based on the offering, it is your duty to bring it to the attention of Bake Shop officials immediately, who will take due action against the same.
    7. Intellectual Property rights
    7.1 Unless Bake Shop has otherwise agreed in writing, nothing in the terms gives you a right to use any of Bake Shop's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Unauthorized use of Bake Shop’s trademark shall be an offence, inter alia under Section 92 of Trade Marks Act 1994. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
    8. License from Bake Shop
    8.1 Bake Shop gives you a Personal Non-Exclusive license to use the offering provided to you by Bake Shop. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by Bake Shop, in the manner permitted by these terms.
    8.2 You are not entitled to commercially exploit by sale, or transfer commercially or profit from the offering and products, except with the express written consent of Bake Shop.
    8.3 The source code of the software/interface provided by Bake Shop is protected under Copyright, Designs and Patents Act 1988. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.
    8.4 Unless Bake Shop has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
    8.5 The payment mode for the offering will be determined at the sole discretion of Bake Shop, and the payment cycle will be in the manner decided at the discretion of Bake Shop.
    9. Ending your relationship with Bake Shop
    9.1 Bake Shop may at any time, terminate its legal agreement with you if:
    (A) You have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
    (B) Bake Shop is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)
    (C) For any other reason, after giving a notice of 7 days by e-mail. 
    9.2 When these terms come to an end, all of the legal rights, obligations and liabilities that you and Bake Shop are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
    10. Exclusion of warranties
    10.1 You expressly understand and agree that your use of the offering is at your sole risk and that the offering is provided as is and as available.
    10.2 in particular, Bake Shop does not represent or warrant to you that your use of the offering will meet your requirements, 
    10.3 any material downloaded or otherwise obtained through the use of the website or software of Bake Shop is done at your own discretion and risk and Bake Shop will not be responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
    10.4 No advice or information, whether oral or written, obtained by you from Bake Shop or through or from the offering shall create any warranty not expressly stated in the terms.
    10.5 Bake Shop further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
    11. Limitation of liability
    11.1 subject to overall provision in clause 10 above, you expressly understand and agree that Bake Shop shall not be liable to you for:
    (a) Any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or offering, or other intangible loss;
    (b) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
    (i) Any changes which Bake Shop may make to the offering, or for any permanent or temporary cessation in the provision of the offering (or any features within the offering);
    (ii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the offering;
    (iii) Your failure to provide Bake Shop with accurate account information;
    (iv) Your failure to keep your password or account details secure and confidential;
    (c) to the fullest extent permissible by law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
    11.2 Bake Shop shall try to ensure that the product is packaged and delivered in a secure manner. Owing to the fact that Bake Shop uses third party services (carriers) to deliver the products to the customers, Bake Shop takes no liability for any incidental damages caused to the products after they have been dispatched. Bake Shop takes no liability for the physical harm caused to any person caused by the use of the products.
    12. Changes to the Terms
    12.1 Bake Shop retains the right to make changes to these terms, append new terms or remove certain terms from time to time at their discretion and is under no obligation to inform you of such changes. The same may be done without prior intimation to you. Your continued use of the offering will indicate your acceptance of the modified terms.
    When these changes are made, Bake Shop shall make the amended copy of the terms available in an accessible location.
    13.  Products
    13.1 All products available for purchase are shown on their specific product page on our website. We always try to represent as accurately as possible every characteristic of the products via photography. However, the final product might not be identical to that pictured on the website.  
    13.2 Product dimensions, colours, materials and weight are only approximate estimates.
    13.3 We reserve the right to amend the specifications of products, their price, packaging and any service associated with the products at any time, without prior notice.
    13.4 Even if not expressly mentioned, some self-assembly might be required on certain products.
    14. Sales
    14.1 In order to bring you the best possible price, Bake Shop consolidates orders and coordinates deliveries based on this. It is due to this model, we are able to provide you the best possible price.
    14.2 All prices are in Indian Rupees (INR), and are payable in Indian Rupees (INR) only along with any applicable taxes.
    14.3 Unless otherwise stated, prices do not include any delivery costs or possible special or extra charges. These additional prices will be added upon checkout before making payment and shall appear in your order confirmation page.
    14.4 In order to accommodate for potential changes in supplier prices, we reserve the right to change prices at any time, without prior notice. 
    14.5 You shall be notified if there is any delay in the delivery process or if the order cannot be placed with the supplier due to some reason (including but not limited to lack of orders for the product, limited/insufficient raw material suppliers, manufacturing process issues, quality control issue or other quality or manufacturing issues).
    14.6 If our supplier is unable to fulfil an order due to some unforeseen reason we shall remove the offer from our website. Under the circumstances that you have placed an order for such an item, you shall be notified of the situation and ensured that the order shall be cancelled by us. Subsequently, you shall be refunded the entire amount paid while placing the order.
    15. Purchase of products
    15.1 Your order represents an offer to us to purchase a product, which shall be considered to be accepted by us only when we send an email confirming the same.
    15.2 Any product ordered by you whose acceptance has not been confirmed through an email shall not form a part of the contract even if they were part of the same offer by you.
    15.3 The company shall under no circumstances be held liable for any special losses to specific customers owing to the circumstances which visit the customer and any indirect or consequential loss, for loss of profits or damage to property or for wasted expenditure.
    15.4 Before ordering from us, it is your responsibility to check and determine your full ability to receive the products. The customer will be liable for the return costs if they are not able to receive their products. An indication of these costs is detailed in clause 18.9.
    15.5 You can cancel your order before the corresponding product has been dispatched from our warehouse. We would then refund you the amount paid for the product except possible handling, logistic and customisation costs. Cancellation made after the product has been dispatched, the cancellation must be in the form of refusal of taking delivery and you will be liable for delivery costs and collection costs along with handling and logistic costs.
    15.6 You must be 18 years or older to use our services and by placing an order you are confirming that you are 18 years old or above.
    16. Payment
    16.1 All orders are paid only through credit/debit cards issued by companies listed on the payment page. Your credit card is charged for the whole amount of the order when the order is created. A card account and necessary information is needed for payment.
    16.2 The sale will be submitted for processing as soon as you click on the “Order” button. You will then receive an email from us confirming the sale depending upon whether Bake Shop accepts your offer. Orders regarding of more than one article shall be construed as collections of multiple offers, where it shall be considered that there has been an offer to purchase each individual article.
    16.3 We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or by reason of unwinding or suspending any transaction after the processing has begun.
    17. Delivery Policy
    17.1 Bake Shop delivers its products to most places in India and can arrange shipment outside of India on a case-by-case basis.  Delivery prices can vary at the discretion of Bake Shop and based on geographical area. Extra charges can be added for very remote or difficult to access places.
    17.2 Delivery lead time will vary depending on the products ordered. Bake Shop clubs product orders together and dispatches which could lead to a delivery time of 2 weeks or above. The timeframe stipulated is an average estimation, and some deliveries could take longer, or alternatively could be delivered in a shorter lead time.
    17.3 All delivery estimates given at the time of placing and confirming order are subject to change. We will do our best to contact you and advise you of any changes to estimated delivery time.
    17.4 Bake Shop shall chose carriers and delivery services according to the item’s weight, size and quantity to deliver your order. Bake Shop always considers the best value option for delivery based upon the combined item/s weight, size and quantity. All orders are despatched via reputable carriers through their ‘recorded signed for’ delivery method. A signature will be required on delivery of the goods. Receipt of a signature at the delivery address will act as proof of delivery.
    17.5 For postal courier orders your order will be delivered at any time from 7am to 9pm. Unfortunately we cannot specify the exact time at which your order will be delivered. 
    17.6 We can either deliver your order to the billing address for the credit\debit card you use to pay for your order or you can specify an alternative delivery address in the ‘delivery address’ section of the checkout.
    18. Returns Policy
    18.1 If for any reason you wish to return your purchase you must notify us contacting our Customer Service team by sending an email to contact@bakemela.com with the order reference number and a quick explanation of the reason why you wish to return the product and any further details or information you feel are important. We endeavour to reply to emails within two working days. Our customer service team will contact you to organise a collection and explain all the necessary procedures.
    18.2 Returns Process: Please open and check your order as soon as you receive it and inform us of any transit damage problems immediately. All items and parts of items must be checked for any damage prior to assembly. It is your right and responsibility to check that your delivered products have arrived in perfect condition, before signing the delivery form and thus accepting the delivery.
    18.3 If the delivered item/s do not fit your order, is damaged or incorrectly supplied, please contact us as soon as possible to arrange a refund or replacement. Bake Shop must be notified of damages/issues within 24 hours of delivery. We request that you send us a photo of any damage for our records and to assist us in taking appropriate action. We kindly request that you return the item with care, as it might be necessary to return it to the manufacturer. Please include your customer order details with the package, as these are required for us to process your return as effectively and efficiently as possible. Once received, the items will be checked and a member of our customer service team will contact you to advise you of the process for replacement or refund.
    18.4 Unwanted goods. If you wish to return your purchase you must notify us within 7 days of receipt of the item by contacting our Customer Service team by sending an email to contact@bakemela.com. 
    18.5 During the cancellation period you have a duty of care for the product, which includes it being sent back in the original, unmarked and undamaged packaging or sealed in good quality transport packaging in order to avoid any damage during the transport back to our warehouse.
    18.6 We will not accept the return of items that have been used or assembled in any way. Items returned must arrive in perfect condition in the original unmarked, undamaged packaging. 
    18.7 Bake Shop retains the right to refuse a refund on any item not deemed to be re-saleable.  
    18.8 As a general rule, in case you decide to return item and get a refund, you will be liable for a return fee. Conditions of clause 18.6 apply.
     18.9 We do not accept responsibility for items lost or damaged in transit.
    19. General legal terms
    19.1 Sometimes when you use the offering, you may (as a result of, or through your use of the offering) use a service or download a piece of software, or utilize goods, which are provided by another person or company. Your use of such other offering, software or goods may be subject to separate terms between you and the company or person concerned.
    19.2 The terms constitute the legal agreement between you and Bake Shop and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which Bake Shop may provide to you under a separate written agreement), and completely replace any prior terms agreed upon between you and Bake Shop in relation to the offering.
    19.3 You agree that if Bake Shop does not exercise or enforce any legal right or remedy which is contained in the terms (or which Bake Shop has the benefit of under any applicable law), this will not be taken to be a formal waiver of Bake Shop's rights and those rights or remedies will still be available to Bake Shop.
    19.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
    19.5 The terms, and your relationship with Bake Shop under the terms, and any dispute arising out of such use of the offering of Bake Shop is subject to the Indian laws.
    Bake Shop is a Zedoo Group Pvt Ltd Company. 
    Last updated 29.4.13