Terms of service

Here is the complete, ready-to-use Terms of Service document for SmartBasket, with all placeholders, merchant notes, and contact details fully updated based on your provided information.

TERMS OF SERVICE

OVERVIEW

Welcome to SmartBasket! The terms "we", "us" and "our" refer to SmartBasket. SmartBasket operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). SmartBasket is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to depictions rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. SmartBasket reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until SmartBasket confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as SmartBasket may be unable to accommodate cancellation requests after an order is processed. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund & Return Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or unauthorized export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs, or applicable taxes.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

  • The payment information you provide is true, correct, and complete.

  • You are duly authorized to use such card or payment method for the purchase.

  • Charges incurred by you will be honored by your payment issuer.

  • You will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

All delivery dates and transit times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, transit bottlenecks, or events outside our direct control. Once the products are handed over to the carrier, title and risk of loss pass to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by SmartBasket, its affiliates, or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. All rights not expressly granted herein are reserved by SmartBasket.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. Any use by you of optional third-party tools offered through the site is entirely at your own risk.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party websites. We are not liable for any harm or damages related to the purchase or use of goods, services, or resources on any third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

SmartBasket is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases are made directly between you and SmartBasket. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and SmartBasket, including product quality, delivery, damage, or loss. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with SmartBasket.

SECTION 10 - PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy and Shopify's Privacy Policy. Because the Services are hosted on Shopify, information you submit to the Services will be transmitted to and processed by Shopify and its infrastructure partners in order to fulfill transactions and provide the Services.

SECTION 11 - FEEDBACK AND REVIEWS

If you submit or transmit any reviews, suggestions, ideas, or feedback, you grant SmartBasket a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content in any medium for any purpose, including commercial use. We are under no obligation to keep feedback confidential or provide compensation.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, transit times, and availability. We reserve the right to correct any errors and to change, update, or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You agree not to:

  • Use the Services for any unlawful, fraudulent, or malicious purpose.

  • Violate any applicable national, state, provincial, or local laws and regulations.

  • Infringe upon or violate our intellectual property rights or the rights of others.

  • Harass, abuse, defame, slander, or intimidate any person.

  • Transmit viruses, malware, or destructive code.

  • Use any unauthorized robot, scraper, crawler, or automated extraction tool to harvest data from the Services.

  • Circumvent security measures, authentication systems, or robot exclusion protocols.

SECTION 14 - AGENTS AND AUTOMATED ACCESS

  • 14.1 This section applies if you use or deploy any autonomous or semi-autonomous software, agent, or bot ("Agent") to interact with the Services.

  • 14.2 No Agent may access the Services unless it clearly identifies itself in all HTTP/HTTPS requests with the user agent format: Agent/[agent name].

  • 14.3 Agents must not conceal their nature by mimicking human behavior patterns or attempting to solve/circumvent CAPTCHAs.

  • 14.4 Agents must respond truthfully to bot detection prompts and adhere to all technical restrictions implemented by SmartBasket.

SECTION 15 - TERMINATION

We reserve the right to terminate your account or revoke access to the Services at our sole discretion, without notice, if you violate these Terms. Provisions regarding Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Severability shall survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY SMARTBASKET, THE SERVICES AND ALL PRODUCTS DELIVERED TO YOU ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMARTBASKET, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SHOPIFY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT PROCURED THROUGH THE SERVICES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SmartBasket, Shopify, and our respective affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or costs (including reasonable legal fees) arising out of your breach of these Terms, violation of any law, or misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity and enforceability of the remaining provisions.

SECTION 20 - ENTIRE AGREEMENT

These Terms of Service and any published store policies constitute the entire agreement between you and SmartBasket regarding your use of the Services, superseding any prior agreements or understandings.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of India, with exclusive jurisdiction in the courts located in Hyderabad, Telangana.

SECTION 22 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or replace any part of these Terms by posting changes to our website. Your continued use of the website following any changes constitutes acceptance of those changes.

SECTION 23 - CONTACT INFORMATION

Questions about the Terms of Service should be directed to our customer support team:

  • Store / Trade Name: SmartBasket

  • Email: saikrishnabhimanathini9@gmail.com

  • Phone: +91 9989097972

  • Operating Address: Flat No. 3-9, Aparna Apartments, Miyapur, Hyderabad, Telangana, India

  • Tax Registration: Unregistered / Not Applicable