Terms & Conditions
1. Use of the Website
BY ENTERING, ACCESSING AND/OR USING THE Theyayacafe.com WEBSITE (“WEBSITE”), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (“Terms”). The term “User(s)” in these Terms refers to visitors who simply browse the Website and those who register with the Website. Acceptance of these Terms created a binding contract between you and Theyayacafe.com, Inc. (“Theyayacafe“), the owner of the Website. Your use of the Website, including the websites of any of Theyayacafe’s related companies or affiliates, and Giftsmate’s personalized products and personalization services (collectively, “Service(s)”) is entirely conditioned on and subject to your compliance with these Terms. If you do not agree to these Terms, then you should leave the Website and discontinue use of the Services immediately. Please read these Terms carefully and thoroughly, as they create a binding contract.
2. Limited License
Subject to the Terms stated herein, Theyayacafe grants you a limited, revocable, and nonexclusive license to the access and use the Website and Service for personal, non-commercial use only. The Terms do not authorize you to collect, aggregate, copy, duplicate, reproduce, transmit, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the Website and Service, without the express written permission of Theyayacafe. Moreover, you are not authorized to compile or republish the content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this Website and Service. In addition, you shall not use robots, spiders, and manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the Website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.
3. Intellectual Property Rights
The Website contains intellectual property rights owned by Theyayacafe and any unauthorized use of the Website may violate or infringe upon the intellectual property rights of Theyayacafe or a third party. Specifically, Theyayacafe owns the Theyayacafe.com name, trademarks and logos, as well as other protected trademarks, . You agree to not use the Theyayacafe Marks without written permission from Theyayacafe. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that are part of this site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Theyayacafe, and are protected by Indian and international copyright laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Theyayacafe and is also protected by India and international copyright laws. All photographs created by the personalization of products, including photographic previews, are owned exclusively by Theyayacafe and, if there is any dispute about ownership, by accessing and using this Website and its Services, you agree to assign any such rights to Theyayacafe. If you breach any of these Terms or otherwise infringe upon any intellectual property rights, then your authorization to use the Website and the license granted herein is automatically terminated.
4. Age Requirements/Eligibility
You affirm that you are over the age of eighteen (18), as the Service and this Website are not intended for individuals under the age of 18. You affirm that you are able to enter into Terms, abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Service and access this Website.
5. Rules of Conduct for Users
BY ACCESSING THIS WEBSITE OR USING THIS SERVICE, YOU REPRESENT AND WARRANT THAT YOU WILL ABIDE BY AND COMPLY WITH THE TERMS CONTAINED HEREIN, INCLUDING THE FOLLOWING RULES OF CONDUCT FOR USERS:
A. You shall use the Service at your own risk.
B. While not condoned or allowed under these Terms, the Website may contain material you feel is offensive or inappropriate material, and you are solely responsible for such exposure.
C. The Website may not be used for any illegal or unauthorized purpose, and you agree to comply with all applicable laws regarding online conduct and acceptable content.
D. You shall not take any action on the Website that would disrupt, damage, or harm the Service.
E. If you are a registered user, then you are solely responsible for your account, including any activity undertaken under your username and password. You agree to notify Theyayacafe promptly if there is an unauthorized use or access to your account, or any other breach of security.
F. You alone are responsible for your conduct and materials or content you submit, display or post on the Service. In doing so, you confirm to Theyayacafe that the picture or other material submitted by you for the purpose of processing or printing belongs to you, and you are competent to share it. Any liability of any kind arising from the wrongful use of any such material is upon you only, and Theyayacafe is not liable in any way in this regard.
G. You shall not use the Service to process prohibited content. Prohibited content includes content or other material that Theyayacafe.com believes:
1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
2. Contains copyrighted material used without written permission of the owner;
3. Violates or otherwise encroaches on the rights of others;
4. Advocates illegal activity;
5. Harms anyone, including minors; or
6. Provides a link to any of the above.
H. You are not allowed to harvest, create, send or distribute any unwanted or unsolicited email or communications to Users, or otherwise violate any anti-spamming laws.
I. The collection and harvesting of private or personally identifiable information is strictly prohibited.
J. If applicable, you agree to abide by the Consumer Review Posting Policy and My Personal Rewards Agreements, which supplement these Terms.
K. Theyayacafe.com also reserves the right to cancel your order should it be deemed inappropriate in terms of language, content, or material.
6. Use of Website and Services at own Risk
You are solely responsible for your actions on the Website and Service, and for any content that is submitted, accessed, downloaded, linked to, or retrieved from or through the Website or Service. You expressly agree that you bear all risk related to your use of the Website and Service.
7. No Warranty
To the extent local law does not allow limitations on warranties, this provision may not apply in its entirety. Use of this Website and Service is at your own risk. The Website, the Service, as well as the products ordered, are provided on an “as-is” basis. Theyayacafe, and its officers, directors, employees, affiliates, and agents, expressly disclaim any and all representations and warranties, whether express or implied, in this regard, including and not limited to implied warranties in respect of merchantability, fitness for a particular purpose, title, non-infringement, and ownership. Theyayacafe or its officers, directors, employees, affiliates, and agents do not represent or warrant the accuracy, reliability, timeliness, or completeness of the website, service, as well as the products ordered. All due care is taken in respect of the content and workability of the website and service, as also for processes deployed for personalisation of merchandise. Any loss arising in these respects is completely at your risk, and Theyaycafe or its officers, directors, employees, affiliates, and agents shall not be responsible or liable in regard thereto.
8. Notification of Copyright Infringement
In accordance with the Indian Laws, Theyayacafe is registering with the Indian Copyright Office as a Service Provider. If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant by providing Theyayacafe with the following information in writing:
a. Physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any notifications of claimed copyright infringement must be sent to Theyayacafe, M/S Avenir Labs, 40 Gandhi Market, Minto Road, New Delhi 110002 India. The failure to comply with all of the requirements set forth above under the Copyright Act may result in an invalid notice.
At Theyayacafe sole discretion, Theyayacafe may terminate and close the accounts of Users who are offenders or infringers, including any Rewards Points and account. In addition, Theyayacafe reserves, at its sole discretion, the right to limit or restrict access or otherwise terminate and close the accounts of any Users who infringe upon the intellectual property or other proprietary rights of third parties.
9. Linking to Third-party Websites
The Website may contain links to third-party websites that are not owned, controlled, endorsed or sponsored by Theyayacafe. Theyayacafe makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.
10. General Contractual Clauses
a. PRIVACY: Theyayacafe does not rent, sell, or otherwise provide your personally-identifiable information for third-party marketing or solicitation purposes. The Theyayacafe.com Privacy Policy is incorporated herein by reference, and may be accessed and read at: Privacy Policy.
b. LIMITATION OF LIABILITY: To the extent your local law does not allow the limitation of liability, then this provision may not apply in its entirety. To the fullest extent provided under the law, Theyayacafe, including its officers, directors, employees, affiliates, and agents have no obligation or liability to you or any third party, whether arising in contract, warranty, tort, (including negligence, product liability, or otherwise) for any direct, indirect, incidental, exemplary, punitive, special, or consequential damages (including any loss of data, revenue or profit) arising out of or with your use of this Service, the Website, any content submitted by you or any content submitted by other users, registered or not, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company’s liability to you for any cause of action whatsoever, and regardless of the action, will at all times be limited to injunctive relief only, and you are not entitled to damages of any kind, unless otherwise permitted by law.
c. INDEMNIFICATION: You agree to indemnify, defend, and hold Theyayacafe, and its officers, directors, subsidiaries, affiliates, parents, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to your use of the Website or Service, including but not limited to any content submitted by you, your violation of these Terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these Terms and your use of the site.
d. ASSIGNMENT: Users may not assign, convey, or otherwise transfer their rights under these Terms; however, Theyayacafe may assign, convey or transfer without any restriction or notice.
e. TERMINATION: Your access and use of the Website and Service is at the sole discretion of Theyayacafe. Theyayacafe may remove any content and/or terminate your access without notice for any reason, and Theyayacafe is not liable for any such termination.
f. MISCELLANEOUS PROVISIONS
i. Governing Law/Venue: These Terms shall be governed by and construed in accordance with the laws of the State of Delhi, India. The state and federal courts in New Delhi, India specifically, shall be the exclusive forum and venue for any disputes that arise under or are related to these Terms. You hereby consent to personal jurisdiction in New Delhi.
ii. Amendment: Theyayacafe is free to alter, amend, or change these Terms at any time without notice. The amendments will be prospective only. You are encouraged to review these Terms from time-to-time because they may change without notice, and your use of the Website and Service is governed by the Terms in place at that time.
iii. Entire Agreement: These Terms reflect the entire agreement between you and Theyayacafe. You may be subject to additional terms and conditions when you submit, download, access, or use third-party content.
iv. Enforcement: The failure to enforce any Term is not a waiver of such Term. Regardless of any statute, law, or regulation to the contrary, any claim, demand, or cause of action related to the Website, Service or the Terms must be filed within one year after the date it arose, otherwise it will be barred. If any provision or sections of these Terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.
11. Ordering from us
When making an order through our Website, the webpages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each webpage of the order process.You are deemed to place an order with us by ordering any of the Products which we sell by following the steps on our webpages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered. However, please note that this does not mean that your order has been accepted by us. Our acceptance of your order will take place as described in clause 11.3 below.Our acceptance of an order takes place when we send you an email confirming that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with a Dispatch Confirmation. If we do not send you a Dispatch Confirmation, our acceptance of an order will take place when we post the Products to you.If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website (as referred to in clause 15.4), we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all. If you have ordered a Product and you have paid a specialized delivery charge and we cannot deliver that Product, we will refund the specialized delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialized delivery charge applies to a Product this will be made clear to you on the cart page of our Website.We may refuse to accept an order:where Products are not available;where we cannot obtain authorisation for your payment;if there has been a pricing or product description error;if we cannot meet your requested delivery date;if you do not meet any eligibility criteria set out in these Terms;if the order is to be delivered outside of the India;if your order for Products which we have personalised or customised for you (Personalised Products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;if we believe your order is for commercial or other non-domestic concerns.We reserve the right to brand all of our Personalised Products.
12. Our right to make changes to these Terms
We may amend these Terms at any time by updating this webpage. Please look at the top of this webpage to see when these Terms were last updated.Every time you place an order with us the Terms on our Website, being those in force at the time of your order, will apply to the Contract between you and us.Certain provisions of these Terms may be superseded by expressly designated legal notices or terms and conditions located on particular webpages of this Website.If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.If we need to revise these Terms in relation to orders placed by you but not yet delivered, we will contact you to give you reasonable advance notice of the changes and give you the option to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the Products affected by these changes or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
13. Changing or Cancelling an order for Personalised Products
Example: if you place an order at 6.00pm on a Friday, you will have until 6.30pm on that same day to contact us to attempt to cancel or change your order for a Personalised Product. After 6.30pm, you will no longer be able to cancel or change your order for that Personalised Product and shall be charged for such Product.
If you have opted for next day delivery, your order must be placed before 2.00pm to receive a Product the next day. If you place your order for a Personalised Product at 12.00pm or earlier, your 30 minutes to cancel or change your order will run in the same way as outlined in clause 10.1(a) above. In the event that you place an order for a Personalised Product after 12.00pm, you will only have until the 12.30pm deadline to cancel or amend your order.
Example 1: if you place an order at 9.30am on a Tuesday, you will have until 10.00am on the same day to contact us to attempt to cancel or change an order for a Personalised Product. After 10.00am, you will no longer be able to cancel or change your order for that Personalised Product and shall be charged for such Product.
Example 2: if you place an order at 1.30pm on a Thursday, you will have until 2.00pm on the same day to contact us to attempt to cancel an order for a Personalised Product. After 2.00pm, you will no longer be able to cancel or change your order for that Personalised Product and shall be charged for such Product.
To change an order for a Personalised Product, please follow the instructions and link provided to you in the email acknowledging that we have received your order which will allow you to amend the personalisation and/or delivery address. Please note you will only be able to change the personalisation within the time periods specified in clause 10.1 above.To cancel an order for a Personalised Product, please contact us within the time periods specified in clause 10.1 above using one of the methods detailed in clause 11.5 below.Please check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling that you are responsible for and which you fail to amend in accordance with clause 10.1 above.If you have placed an order for a Personalised Product, you will only be able to change or cancel your order in the following circumstances:Unless you have selected the next day delivery option (see clause 10.1(b)), you will have 30 minutes from the time that you place an order for a Personalised Product to change or cancel that order. After the 30 minutes have passed, a Personalised Product will be sent for production and you will not be able to cancel or change that order (see clause 11.2(a)). Your 30 minutes will run from the time that you place your order and will run outside of normal business hours.
14. Your consumer right of return and refund
Consumers have a legal right to cancel a Contract during the period set out below in clause 14.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.Your legal right to cancel a Contract starts from the date the Contract between us is formed. You will have a limited period of time to cancel your Contract depending on what you have ordered and how it is delivered. Please see the table below for further information:
Your ContractEnd of the cancellation periodYour Contract is for a single Product (which is not delivered in instalments on separate days).The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
1 one Product which is delivered in instalments on separate days; or
2 multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
However, this cancellation right does not apply in the case of: Any personalised Products that have been sent for production;
Any Perishable Products to cancel a Contract, you must contact us using one of the methods set out in clause 11.5 and let us know (before any personalised Products have gone into production – see clause 10.1) that you have decided to cancel. If you would like to cancel a Contract, there are a few options available to you:
contact us via the Email: hello@www.theyayacafe.net or via phone on 7838951900 between the hours of 10.00am – 6pm IST on Monday to Friday;
If you cancel your Contract within the cancellation periods set out in clause 11.3 above, we will refund you the price you paid for the Products (excluding any applicable delivery charges). We are permitted by law to reduce your refund to reflect any reduction in the value of the goods caused by your use of the Products. Please be aware that if you have ordered Products in accordance with a promotion or discount offer on our Website and your cancellation of part of that order means that you no longer qualify for that promotion, we may reduce your refund to reflect this; refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For the avoidance of doubt, if there is more than one Product in your order and you only cancel part of that order we will not refund the delivery charge. We will only refund the delivery charge if you cancel your order as a whole and no Products are delivered to you at all or if you return all Products to us. If you have ordered a Product and you have paid a specialized delivery charge and successfully cancel your order for that Product, we will refund the specialized delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialized delivery charge applies to a Product this will be made clear to you on the cart page of our Website; make any refunds due to you as soon as possible and in any event within the time periods indicated below: if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, 14 days after the day on which you provide us with evidence that you have sent the Product back to us. if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract. If you have returned the Product to us in accordance with this clause because it is faulty or does not match its description, we will refund the price of the Product in full, together with any applicable delivery charges, and any reasonable costs you have incurred in returning the Product to us. Please be aware you will be required to produce a photo of the damage and/or problem with a Product before a returns label is issued. We will refund you by the same method of payment that you used to place your order. Our right to cancel: We reserve the right to cancel any order at any time and issue a full refund. Returns and exchange: If a Product has already been delivered to you before you decide to cancel your Contract, then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.
Subject to you contacting us in accordance with clauses 14.3–14.5 above, we will contact you by email to advise whether you have satisfied our cancellation terms and are eligible for a refund and, if necessary, provide further information detailing how to proceed with your return. You can return Products to the following address: Theyayacafe, 40, Gandhi Market, Minto Road, New Delhi 110002, India.
15. Delivery
16. Our liability in relation to delivery
Provided that we take the steps outlined in this clause, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries. If there is a substantial risk of delay, you may contact us to end the Contract and receive a refund for any Products you have paid for but not received.If the Products you have ordered do not arrive within 30 days of placing the order we accept no liability, so far as permitted by law, unless you have contacted us via email within this period.In the event that we reproduce a Product for you and subsequently the original is returned as undelivered by selected Courier service, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product.From Monday to Friday, orders must be placed by the time specified on the webpages that guide you through the order process, to ensure delivery the next working day. Any orders placed after this time will be delivered on the date specified on the shopping basket webpage of our Website.Orders placed on a Friday before the specified last order time will be delivered on the following Monday.Orders placed on a Saturday/Sunday will be delivered on the following Tuesday.Unfortunately we can not deliver on a public holiday. In this instance please expect your delivery on the next working day.Our carriers will normally deliver your parcel between 9am and 5pm but certain carriers may deliver later. Unfortunately, in some cases we may not be able to give you a more specific estimated time of delivery. However, if you have provided your mobile number when ordering, our carrier will usually contact you to provide you with a more specific estimated time of delivery.A signature may be required on receipt.If you are not available to accept your parcel, the carrier may leave it with a neighbour, or with a reception or security guard of the building.
17. Price of Products
The price of the Products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. However, please see clause 17.4 for what happens in the event we discover an error in the price of any Products ordered.All prices include GST (where applicable) at the current rates. We reserve the right to express the price exclusive of GST , but we shall show GST separately and include it in the total price.Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on Theyayacafe.com. Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
18. Discounts
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.
