Terms and Conditions

Dear Customers, These terms and conditions (“Terms”) govern your access to and use of the Utpala website or any other platform (“Platform”) provided by Utpala (“Utpala”, “we”, “us”, or “our”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not subscribe to use the service. By signing up to our Terms of Use, you also accept and agree to be bound by the Utpala Privacy Policy, published on this website Definitions -“User,” “you” or “your” refers to any person who accesses or uses the Platform. -”We”, “our”, “us” refers to Utpala. -“Products” refers to the goods, products, or services offered by Utpala through the Platform. -“Order” refers to a request made by a User to purchase a Product through the Platform. When you use any of the services provided by us through the Website, including but not limited to, (e.g. Customer Reviews), you will be subjected to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. Introduction:
  1. a) www.utpala.com website (“Website”) is an Internet based content and e-commerce portal owned and operated by Utpala, a company incorporated under the laws of India.
  2. b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Utpala at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
Headings: The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever. Communications: When You use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required. Company may communicate with you by email or by such other mode of communication, electronic or otherwise. Services Offered: Utpala provides a number of electronic services through the Website. Services offered are published on this website. One such service enables users to purchase gifting items like flowers, plants and other items (collectively, “Products”). Upon placing order, Utpala shall ship the product to you or the person you are gifting and you are entitled to its payment for the Services. Use of the Website: You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
  • Privacy Policy:
The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy of Utpala in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
  • User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
  • – defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
  • – publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
  • – upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
  • – upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer
  • – conduct or forward surveys, contests, pyramid schemes or chain letters
  • – download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
  • – falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
  • – violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
  • – violate any applicable laws or regulations for the time being in force in or outside India; and
  • – violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein
Contents Posted on Site: Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Utpala’s express prior written consent. You may use information on the products and services purposely made available on the Website for downloading, provided that you
  1. do not remove any proprietary notice language in all copies of such documents,
  2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  3. make no modifications to any such information, and
  4. do not make any additional representations or warranties relating to such documents.
User Warranty and Representation: The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Utpala. Intellectual Property Rights: All content on the Platform, including but not limited to text, images, graphics, logos, and software, is the property of Utpala or its licensors and is protected by copyright, trademark, and other applicable laws. Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for personal, non-commercial purposes only. Limitation Of Liability: Utpala will not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use of the Platform or the Products, whether based on warranty, contract, tort, or any other legal theory. You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by us via phone calls and / or SMS notifications. We will not use your personal information to initiate any promotional phone calls or SMS. Indemnification: Users agree to indemnify and hold Utpala and its affiliates, directors, officers, employees, and agents harmless from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with their access to or use of the Platform or the Products. Termination:
  1. a) Utpala may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion, that you have breached a term of these Terms.
  2. b) If you or Utpala terminates your use of the Website or any Service, Utpala may delete any content or other materials relating to your use of the Service and Utpala will have no liability to you or any third party for doing so.
  3. c) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, and any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in New Delhi. Report Abuse: As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Utpala does not review the contents in any way before they appear on the Website. Utpala does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to service@utpalaflorals.com Product Description: Utpala does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Pricing:
  1. All products listed on the website, their descriptions, and their prices are subject to change as per time and situation.
  2. Utpala reserves the right, at any time, to modify, suspend, or discontinue the sale of any product or services with or without notice.
  3. If in any case, a product or service is listed at an incorrect price or with incorrect information due to typographical error, error in pricing or information received from Utpala suppliers, Utpala shall have the right, post the acceptance of any order, to decline or cancel any such order, whether or not the order has been confirmed and/or you have been charged for such product or service.
  4. The product specifications (weight, size, colour etc.) mentioned with the product images displayed is only for representation purposes. There may be a slight variation in the images and the respective products.
Payment: While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: – Lack of authorization for any transaction/s, or – Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or – Any payment issues arising out of the transaction, or – Decline of transaction for any other reason/s. – All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Website. Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users. Utpala accepts payment through various modes, including credit cards, debit cards, net banking, mobile wallets and UPI. Utpala ensures that all payments are secure and encrypted, and customer data is kept confidential Acceptance of orders:
  1. When you make an order, you are making an offer to purchase, and such offer is subject to acceptance by us. Your receipt (email/SMS) of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time, after receiving your order, to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. We may require additional verifications or information before accepting any order. In the event of a purchase, you will be required to accurately provide the recipient’s name and shipping address.
  2. In case of unforeseen/extraordinary situations not under our control, we reserve the right to reschedule the delivery for another date.
  3. Standard time Delivery ‐We however offer time slots in standard time delivery, but we are not committed to its actual time delivery as requested or confirmed in the email as at times due to local conditions the delivery might be delayed.
  4. Fixed time Delivery ‐ We try our level best to deliver your order in the committed time, but there may be a slight change of +30 min or ‐30 min in the scheduled time.
  5. Midnight Delivery ‐ Delivery will be made between 11: 00 pm to 01:00 am.
  6. Policy regarding refund and exchanges is published on this website.
Delivery: Title and risk of loss for all products ordered by you shall pass on to you upon shipment. Thereafter Utpala will not be responsible for any loss or damage to the product. Substitution of the products:
  1. Images are for representational purposes only. Though we try our level best to deliver as per the image shown, designs may vary & are subject to availability of flowers / consumables on any particular day. 
  2. During festivals, in an event that a gift item that you have ordered is out of stock, we will mail you an option of an alternate product. If we do not hear back from you within 24 hours, we will proceed with sending you the alternate item since we know that you are sending it to your loved one(s) on a special occasion and we would not want anything to dampen the spirit of the occasion.
Modifications to Terms Utpala reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Platform, and Users are responsible for reviewing and becoming familiar with any such modifications.