At Sparkling Canvas Pvt Ltd, We care about our customers and hence, We have adopted a delivery and refund policy to enable Us to provide quality services to our users.

This delivery and refund policy (“Delivery and Refund Policy”) shall be applicable upon visiting or using our website “www.rasabali.in’ and any other linked pages, features, content, or any other services we offer from time to time by in connection therewith (collectively, the ‘Website’), or by using the services / products as outlined in our (Terms of Use) in any manner or by using the corresponding mobile application called ‘rasabali’ (“App”). The Website and App shall hereinafter be collectively referred to as the (“D2C Channel”).

Wherever the context so requires (“You” or “User”) shall mean any natural or legal person of at least 18 (Eighteen) years of age who (a) visits our D2C Channel for the purpose of browsing; or (b) customers who buy products sold on the D2C Channel. The terms (“Sparkling Canvas”, “We”, “Us” or “Our”) shall mean Sparkling Canvas Pvt Ltd. By using the Services, You acknowledge that You accept, and are subject to, the practices and policies outlined in this Delivery and Refund Policy.

Access to the contents available through the D2C Channel is conditional upon your approval of this Delivery and Refund Policy which should be read by You, together with the Terms of Service (“Terms”). You acknowledge that this Delivery and Refund Policy, together with our Terms, forms our agreement with You in relation to your use of the D2C Channel. The use of our D2C Channel or Services, and any dispute, is subject to this Delivery and Refund Policy and/or the Terms, including its applicable limitations on damages and the resolution of disputes.

  1. ONLINE ORDERING:
    1. The D2C Channel allows You to place orders for food and/or beverages and/or edible products (“Products”) listed on the D2C Channel, and we will, subject to the terms and conditions set out herein, enable delivery of such orders to you. The D2C Channel serves as a single seller D2C Channel wherein Sparkling Canvas sells its Products directly to You.
    2. The Users can view the Products listed on the D2C Channel and place online orders via the D2C Channel.
    3. Your request to order the Products from the D2C Channel shall constitute an unconditional and irrevocable authorization issued in favour of Sparkling Canvas to place online orders for the Products.
    4. Delivery of an order placed by You on the D2C Channel shall be undertaken either directly by Sparkling Canvas’ delivery partners or through a third-party service provider (collectively referred to as “Delivery Partners”) facilitated by Sparkling Canvas who may be available to provide delivery services to you. In both these cases, Sparkling Canvas shall merely act as an intermediary between You and the Delivery Partners.
    5. The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service directly between You and the Delivery Partner, to which Sparkling Canvas is not a party under any applicable law. It is clarified that We do not provide any delivery or logistics services and only enable the delivery of Products ordered by the Users through the D2C Channel by connecting the Customers with the Delivery Partners.
    6. Where Sparkling Canvas is facilitating delivery of an order placed by you, Sparkling Canvas shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
    7. You may be charged a delivery fee for delivery of your order by Sparkling Canvas or the Delivery Partner, as determined by Sparkling Canvas, from time to time (“Delivery Charges“). You agree that Sparkling Canvas is authorized to collect, on behalf of the Delivery Partner, the Delivery Charges for the delivery of Products provided by Sparkling Canvas. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to area serviceability, order value, distance, time of the day. Sparkling Canvas will inform you of the Delivery Charges that may apply to you, provided You will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
    8. In addition to the Delivery Charges, You may also be charged an amount towards delivery surge for delivery of your order facilitated by Sparkling Canvas or the Delivery Partner, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge“). You agree that Sparkling Canvas is authorized to collect, on behalf of the Delivery Partner, the Delivery Surge for the delivery of Products provided by Sparkling Canvas. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to area serviceability, order value, distance, demand during peak hours. We shall use reasonable efforts to inform You of the Delivery Surge that may apply to you, provided You will be responsible for the Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.
    9. In respect of the order placed by You, Sparkling Canvas shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.

2. GENERAL TERMS AND CONDITIONS

    1. Sparkling Canvas shall not be liable for any acts or omissions including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc. Each order shall be carried out on a best-effort basis and in case a user is dissatisfied with their order they can refer to the refund / cancellation mechanism set out in this policy to resolve any such issue.
    2. Please note that some of the Products may be suitable for certain ages only. You should check the dish You are ordering and read its description, if provided, prior to placing your order. We shall not be liable in the event the Products ordered by You do not meet your dietary or any other requirements and/or restrictions or causes any adverse effect.
    3. While placing an order You shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, You express your acceptance to Sparkling Canvas’s Terms of Service and Privacy Policy.
    4. You or any person instructed by You shall not resell any of the Products purchased via the D2C Channel.
    5. The total price for the Products ordered, including the Delivery Charges, Delivery Surge, and other charges, will be displayed on the D2C Channel when You place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such Products ordered via the D2C Channel.
    6. Any amount that may be charged to You by over and above the order value, shall be inclusive of applicable taxes.
    7. Delivery periods/takeaway time quoted at the time of ordering are approximate and indicative only and actual delivery time may vary. The delivery period/takeaway time quoted on the D2C Channel does not amount to a warranty of delivery.

3. ORDER ACCEPTANCE

  • Delivery orders are accepted if the following criteria are met:
    • The delivery address being mapped to the nearest outlet/Central Kitchen that delivers in the customer’s delivery location.
    • Online availability of the outlet to accept and process the order.
    • In the event, the customer’s delivery location is not listed within the permitted delivery zone of the outlet, the order cannot be placed.
  • Menu/Spread:
    • In case certain items from the menu are not listed in the D2C Channel, the Sparkling Canvas does not carry those items on their menu or may a part of specific seasonal promotional plans which are restricted certain time period & may not be meant for every users.
    • In case of non-availability of ordered menu items, the order will not be executed and will be duly informed to the customer.
    • The menu is displayed as per the availability of the menu items in the selected outlet.
    • Food ordered from the D2C Channel is for immediate consumption only (within 30 minutes from time of delivery).
  • Delivery Orders:
    • The customer may only use the coupon codes mentioned in any of Sparkling Canvas/ its registered brand trademarks’ print material, promotional emails & SMS messages for placing an order via the D2C Channel.
    • The complete and accurate coupon code must be entered in the coupon section on the payment page before completing the transaction, in order to avail the discount.
    • The coupon code may or may not be case sensitive.
    • The coupon code may not work if the conditions defined in the coupon terms and conditions are not met in the order.
    • Sparkling Canvas holds the right to accept or reject any coupon without giving any reason whatsoever.
    • All coupons carry a validity period, mentioned in the coupon terms and conditions, and will not be accepted after the expiry of the validity period.
    • The customer must handover the coupon which is entered in the coupon section while placing the order to the delivery person, failing which the order may be cancelled.
  • Terms and Conditions for all coupons including printed, mobile and email coupons:
    • A coupon/promotion cannot be clubbed with any other offer or scheme.
    • Only one coupon is valid per order.
    • Coupons are only valid on the D2C Channel.
    • The customer must announce the coupon and coupon code while placing the order.
    • The customer must cut and hand over the coupon to the delivery person when they receive the order.
    • All prices are exclusive of taxes.

4. MODIFICATION/ CANCELLATION AND REFUND POLICY

    1. If the customer wishes to check on the progress of the order, they may do so by tracking it on the D2C Channel/Third Party Courier Tracking Links or by through the different customer support channels (such as customer support chat, call centre, WhatsApp link etc.).
    2. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Sparkling Canvas, that is, in the event You provide incorrect particulars, contact number, delivery address etc., or that You were unresponsive, not reachable or unavailable for fulfilment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Sparkling Canvas (“Authorization Breach“). In the event You commit an Authorization Breach, You shall be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorize Sparkling Canvas to deduct or collect the amount payable as liquidated damages through such means as Sparkling Canvas may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next order.
    3. There may be cases where Sparkling Canvas is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Sparkling Canvas or non-availability of a Delivery Partner. In such cases, Sparkling Canvas shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and You are eligible for a refund of the order value or any part thereof, in such cases the said amount will be reversed to You within 30 days, or such other period as maybe determined by Sparkling Canvas or such amount maybe provided to you in the form of cash coupon usable on the D2C Channel.
    4. No replacement / refund / or any other resolution will be provided without Sparkling Canvas’ permission.
    5. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.
    6. You shall be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by Sparkling Canvas on a best- efforts basis.
    7. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective bank policies/payment gateway policies.
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Last Updated On: 15-September-2023

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