Terms & Condition

1. Eligibility

You must be 18 years or older and legally competent to contract under the Indian Contract Act, 1872 to use this Website. Minors may use the Website only under the supervision of a parent or legal guardian.

2. Use of the Website

You agree to use the Website only for lawful purposes and in compliance with applicable Indian laws.

You shall not:
• Attempt unauthorised access
• Upload unlawful, offensive, or infringing content
• Disrupt website operations
We reserve the right to suspend or terminate access for violations.

3. Intellectual Property Rights

All content on the Website including text, images, graphics, designs, logos, videos, and software is the property of Hugs and Gifts or its licensors and is protected under Indian copyright and intellectual property laws. Unauthorised use, reproduction, or distribution is strictly prohibited.

4. User-Uploaded Content

You confirm that any images, text, or designs uploaded by you:
• Are owned by you or lawfully usable
• Do not infringe third-party rights
• Are not obscene, defamatory, or illegal

You shall be solely responsible for the content uploaded by you. We reserve the right to reject or cancel orders containing prohibited content. Uploaded content may be retained for up to 2 months for reorder purposes and deleted thereafter. We do not pre-screen uploaded content and act only as an intermediary under Section 79 of the IT Act, 2000.

5. Products & Customisation

• Product images are indicative; minor variations may occur
• Customised products are printed based on customer-provided details
• It is your responsibility to verify previews before confirming orders
Once placed, customised orders cannot be modified or cancelled.

6. Pricing Policy

All prices, fees, discounts, and promotions posted on the Site are subject to change without notice and are not guaranteed. Placing a product in your cart does not reserve the price shown at that time. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Hugsandgifts shall not be held liable for any fluctuations in the price of the Product.

7. Payments

Payments are processed through secure third-party payment gateways. We do not store card or payment details. Orders may be cancelled if payment fails, is declined, or appears fraudulent.

8. Taxes

You agree to pay GST or other similar taxes, whether international, national, state, or local, however designated, which are levied or imposed or may be levied or imposed, with respect to any Product ordered by you on the Site. You shall also be responsible and liable for any fees, including attorney and collection fees, that Hugsandgifts may incur in its efforts to collect any remaining balances due from you. This Section shall in no way limit any other remedies available to Hugsandgifts at law or in equity.

You agree to mention GST registration number and Entity Name, if applicable. You shall ensure that the GST registration number and the Entity Name, if applicable, corresponds to the billing address provided, as no change in the said details will be allowed once the order is placed.

You further acknowledge that Hugsandgifts will not be responsible for verification of GST registration number and the Entity name, if applicable. Any tax liability arising consequent to non-compliance of law or due to furnishing of incorrect GST registration number and the Entity name, if applicable, shall be borne by You. In the event, you fail to furnish GST registration number at the time of placing the order, you shall be treated as 'unregistered'. In such circumstances you may not be able to avail any input tax credit. You are advised to independently assess your tax liability in such circumstances.

In any case, the liability of Hugsandgifts under GST would be limited to the amount of tax charged by Hugsandgifts.

9. Shipping & Delivery

All Products purchased from the Site shall be delivered to the Member by the Logistics Partner engaged by Hugsandgifts.

Hugsandgifts will endeavor to exercise its best efforts to provide expeditious delivery of the products on the estimated arrival date while placing the order. However, Hugsandgifts cannot accept liability or be held financially responsible under any circumstances for any delay in delivery regardless of cause of such delay. Estimated Arrival Date is purely indicative and is subject to change due to change in conditions post placement of order. Hugsandgifts disclaims any claims or liabilities arising from any delays or and damages for goods in transit. Hugsandgifts shall not be held responsible and will bear no liability for delays or and damages caused by but not limited to bad weather, flight delays, political disruptions, other unforeseen circumstances. Any reasonable delay beyond Hugsandgifts's control will not constitute as a deficiency of service on the part of Hugsandgifts.

You undertake to provide accurate postal address to facilitate delivery by Hugsandgifts. Incomplete address details are likely to result in loss or delay of shipment. Hugsandgifts will not be held liable for delays or loss of shipments, or any other loss caused due to inaccurate and incomplete address. You will be liable to pay for the product or service which is undelivered for want of completeness/accuracy of address provided at the time of placing the order. Hugsandgifts will not be held liable for misplaced, lost shipments, delays, incorrect deliveries, or any other loss caused to the member.

Some deliveries are subject to factors outside of our control. This includes, but is not limited to, unforeseen geopolitical events, international trade complications, state laws and terms and conditions or limitations imposed by our delivery partners. If we are unable to deliver a product due to these factors, we will either issue a refund or provide credit for any amount received in advance from the sale of such Product. Hugsandgifts will not be held liable for the non-delivery of products resulting from these factors.

You acknowledge that where you request for a change to the Product, address, or any other details pertaining to the Product or service provided by Hugsandgifts subsequent to placement of order, such a change will result in change to the original Estimated Arrival Date, subject to availability of the Product at the time and post such change request. While Hugsandgifts will endeavor to accommodate such changes requested subsequent to placement of an order, Hugsandgifts shall not be held liable under any circumstances for non-execution of such change requests.

Hugsandgifts shall be entitled to dispose the Products ordered by the you in the event that you are not available for delivery or refuse a second delivery within 7 days of first delivery attempt. While all reasonable care and precautions are taken while disposing off a Product, Hugsandgifts shall not be liable in any manner whatsoever for any misuse of the Product post such disposal thereof by Hugsandgifts.

10. Cash on Delivery (COD)

We provide the cash on delivery facility for our valued customers. Cash on delivery is available only for select pin codes and hence the orders will be confirmed if your pin code is serviceable.

You can pay using cash or by card (if accepted by Hugsandgifts's Logistics Partner) at the time of delivery of order placed under COD. Except by cash or card, no other mode of payment will be accepted for COD orders.

You shall be required to pay the amount as stated on the shipping label for all Cash on Delivery Orders. In case of split shipment of single order or consolidation of multiple orders, the value on the shipping label might not correspond to the product delivered. In case of over payments for such shipments, Hugsandgifts will refund any excess cash received to you on request to the Bank Account details provided by you. Such refund will be processed provided there is a confirmation of cash received from the Logistics Partner.

By selecting the COD option, the member is agreeing to pay the order value on delivery. Hugsandgifts reserves the right to take suitable action including but not limited to account suspension, recovery proceedings and such other legal course as may be advised against you.

11. Reviews & User Submissions

By submitting reviews, images, or comments, you grant us a non-exclusive, royalty-free right to use such content for display and promotional purposes. We reserve the right to moderate or remove content.

12. Limitation of Liability

To the maximum extent permitted under Indian law:
• We shall not be liable for indirect or consequential damages
• Our total liability shall not exceed the value of the order placed
Nothing herein limits statutory consumer rights.

13. Indemnification

You agree to indemnify and hold harmless Hugs and Gifts against any claims arising from:
• Your breach of these Terms
• Uploaded content
• Violation of applicable laws

14. Privacy

Your personal data is handled in accordance with our Privacy Policy, compliant with the IT Act, 2000 and DPDP Act, 2023.

15. Force Majeure

We shall not be liable for delays or failure due to events beyond our reasonable control including natural disasters, strikes, pandemics, or government actions.

16. Governing Law & Jurisdiction

These Terms shall be governed by the laws of India. Courts having jurisdiction in Kannur District, Kerala shall have exclusive jurisdiction.