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Terms and Conditions

Quick Commerce Party Supplies Platform

This document is an electronic record under the Information Technology Act, 2000 and applicable rules. This electronic record is generated by a computer system and does not require any physical or digital signature.

This document is published in accordance with applicable Indian laws and rules requiring publication of rules, regulations, privacy policy, and terms of use for accessing or using the domain name kiwiparty.in, related mobile website, mobile application, vendor application, delivery partner application, and any other platform operated by us, collectively referred to as the “Platform.”

The Platform is owned and operated by Happy Poppers, having its registered office at 62, 63 Heerachand Society, Laxmi Nagar, Udhana, Surat, Gujarat 395002, hereinafter referred to as “Platform Owner,” “we,” “us,” or “our.”

By accessing, browsing, registering, ordering, selling, delivering, or otherwise using the Platform, you agree to be bound by these Terms & Conditions, along with our Privacy Policy, Cancellation Policy, Refund Policy, Delivery Policy, Vendor Policy, and any other policy published on the Platform.

1. Nature of Platform

The Platform provides quick commerce services for party supplies, celebration products, gifting items, decoration kits, balloons, candles, banners, party poppers, return gifts, theme décor, and other celebration-related products.

The Platform may operate through:

Customers placing orders through website/app
Local suppliers/vendors listing live stock
Delivery partners handling fast delivery
Admin team managing order flow, customer support, and supplier coordination

The Platform may either sell products directly or act as a facilitator between customers, suppliers, and delivery partners.

2. User Eligibility

To use the Platform, you must be legally competent to enter into a binding contract under Indian law.

By using the Platform, you confirm that:

You are providing true and complete information
You are responsible for all activity under your account
You will not misuse the Platform
You will not place fake, fraudulent, or illegal orders
You will follow all applicable Indian laws

3. Customer Account & Information

Customers may be required to provide details such as name, mobile number, address, delivery location, payment details, and order preferences.

You agree that the information provided by you is true, accurate, current, and complete. We are not responsible for failed delivery, delayed delivery, or wrong delivery caused by incorrect address, unavailable phone number, incomplete location, or wrong order details.

4. Product Availability & Live Stock

The Platform may show live stock or estimated stock availability from local suppliers.

However, product availability may change due to:

High demand
Supplier stock mismatch
System update delay
Product damage
Quality rejection
Delivery area limitations

If a product becomes unavailable after order placement, we may offer:

Replacement product
Alternative color/design
Partial refund
Full cancellation and refund

5. Product Images & Description

Product images shown on the Platform are for reference and representation purposes only. Actual product color, size, shape, design, packaging, shade, or finishing may slightly vary due to photography, screen display, batch production, supplier stock, or lighting conditions.

For party supplies such as balloons, decoration kits, candles, props, banners, and gifting items, minor variations shall not be treated as product defects.

6. Orders & Acceptance

When you place an order, it is considered an offer to purchase products from the Platform or listed supplier. Order confirmation does not guarantee final acceptance until stock, payment, delivery location, and supplier confirmation are verified.

We reserve the right to accept, reject, cancel, modify, or split any order due to:

Stock unavailability
Pricing error
Wrong product listing
Delivery unavailability
Payment failure
Fraud suspicion
Operational issue
Force majeure condition

7. Quick Delivery Terms

The Platform may promote fast delivery, same-day delivery, express delivery, or delivery within a specific estimated time.

Delivery timelines are estimates and may vary due to:

Traffic
Weather
Supplier preparation time
Rider availability
Customer location
Festival rush
Order size
Payment delay
Wrong address
Restricted delivery zones

We will try our best to deliver quickly, but we do not guarantee delivery within a fixed time unless specifically mentioned as a guaranteed service.

8. Delivery Address & Customer Availability

Customers must provide a complete and correct delivery address with landmark, mobile number, and accurate location.

If the customer is unavailable, does not answer calls, refuses delivery, provides wrong address, or delays receiving the order, the order may be marked as failed, cancelled, or delivered based on delivery partner confirmation.

In such cases, delivery charges, packing charges, or cancellation charges may apply.

9. Pricing, Charges & Payment

All prices displayed on the Platform may include or exclude GST, delivery charges, packing charges, handling charges, convenience fees, platform fees, surge fees, or other applicable charges.

Final payable amount will be visible at checkout before payment.

We reserve the right to change product prices, delivery charges, offers, discounts, and platform fees at any time without prior notice.

Payment may be accepted through online payment, UPI, cards, wallets, net banking, cash on delivery, or any other method enabled on the Platform.

10. Cancellation Policy

Orders may be cancelled by the customer before the supplier starts processing or before the delivery partner is assigned.

Cancellation may not be allowed after:

Product is packed
Product is dispatched
Delivery partner is assigned
Customized product is prepared
Order is out for delivery
Perishable/event-time-sensitive product is processed

The Platform reserves the right to cancel orders due to stock issues, delivery limitations, payment issues, suspicious activity, or operational problems.

11. Refund Policy

Refund eligibility depends on order status, product type, payment mode, and reason for cancellation.

Refund may be provided in the following cases:

Product unavailable
Order cancelled by Platform
Payment deducted but order not confirmed
Wrong product delivered and verified
Damaged product delivered and reported immediately

Refund may not be provided in the following cases:

Customer gave wrong address
Customer refused delivery
Customer was unavailable
Product was used
Product packaging was damaged by customer
Minor color/design variation
Late complaint after delivery
Event time passed due to customer-side delay

Refunds may be processed to the original payment method, wallet, credit note, or any other method decided by the Platform.

12. Return & Replacement Policy

Party supplies are often event-based, time-sensitive, and decorative in nature. Therefore, returns may be restricted.

Return or replacement may be accepted only if:

Wrong product is delivered
Product is damaged before delivery
Product is missing from order
Complaint is raised immediately after delivery with photo/video proof

No return may be accepted for:

Balloons after inflation/use
Opened decoration kits
Used party props
Customized products
Color preference issues
Minor design variation
Products damaged after delivery
Products ordered by mistake

13. Vendor / Local Supplier Terms

Suppliers listed on the Platform must provide true stock, correct pricing, genuine product details, and timely order preparation.

Suppliers are responsible for:

Maintaining live stock accuracy
Providing good quality products
Packing products properly
Preparing orders on time
Accepting only available orders
Replacing defective items where applicable
Following Platform rules and service standards

The Platform may remove, suspend, penalize, or deactivate any supplier for poor service, wrong stock updates, repeated cancellations, bad quality products, customer complaints, or policy violations.

14. Delivery Partner Terms

Delivery partners must collect and deliver orders carefully, follow customer address instructions, update delivery status correctly, and avoid misuse of customer data.

The Platform is not liable for delivery delay caused by circumstances beyond reasonable control, including traffic, weather, accident, rider unavailability, strikes, government restrictions, or force majeure events.

15. Customer Responsibilities

The customer agrees to:

Use the Platform only for lawful purposes
Provide accurate delivery details
Receive the order on time
Check products immediately after delivery
Share photo/video proof for complaints
Not misuse refund or cancellation policy
Not harass suppliers, delivery partners, or support staff
Not place fake, fraudulent, or bulk spam orders

16. Prohibited Use

You agree not to use the Platform for:

Illegal activity
Fake orders
Payment fraud
Reselling without permission where restricted
Uploading harmful content
Copying Platform content
Misusing offers or coupons
Harassing employees, vendors, or delivery partners
Violating Indian laws or third-party rights

Unauthorized use of the Platform may result in account suspension, order cancellation, legal action, or claim for damages.

17. Intellectual Property

All content on the Platform, including design, layout, logo, graphics, product photos, text, software, catalog structure, brand name, and marketing content belongs to the Platform Owner or its licensors.

Users, suppliers, or third parties cannot copy, reproduce, sell, distribute, or misuse Platform content without written permission.

18. Offers, Coupons & Discounts

Offers, coupons, cashback, free delivery, membership benefits, and promotional schemes are subject to specific terms.

The Platform may modify, pause, cancel, or withdraw any offer at any time without notice.

Misuse of coupons, multiple fake accounts, or fraudulent use of offers may lead to cancellation of order and account suspension.

19. Limitation of Liability

The Platform will make reasonable efforts to provide accurate product details, live stock, and fast delivery. However, we do not guarantee uninterrupted service, error-free listings, exact product availability, or fixed delivery time in every case.

We shall not be liable for indirect, incidental, special, or consequential damages, including loss of event, loss of business, loss of profit, emotional distress, or inconvenience caused due to delay, cancellation, product unavailability, or service interruption.

20. Third-Party Links & Services

The Platform may contain links or integrations with third-party payment gateways, delivery systems, maps, WhatsApp, social media, or partner websites.

When you access third-party services, you may be governed by their separate terms and policies. We are not responsible for third-party service failure, payment gateway delay, or external platform errors.

21. Privacy & Data Usage

By using the Platform, you agree that we may collect and use your data for order processing, delivery, customer support, marketing, analytics, fraud prevention, and service improvement.

Customer data may be shared with suppliers, delivery partners, payment gateways, and service providers only as required to complete the order or operate the Platform.

22. Indemnity

You agree to indemnify and hold harmless the Platform Owner, its affiliates, directors, employees, suppliers, delivery partners, and agents from any claim, demand, loss, liability, damages, penalty, or legal cost arising from:

Your breach of these Terms
Your misuse of the Platform
Your violation of law
Your fraudulent activity
Your infringement of third-party rights
Your incorrect information or false claim

23. Force Majeure

The Platform shall not be liable for failure or delay caused by circumstances beyond reasonable control, including natural disasters, floods, fire, strikes, internet failure, government restrictions, pandemic, traffic disruption, supplier shutdown, transport issue, or any other force majeure event.

24. Modification of Terms

We may update or modify these Terms & Conditions at any time without prior notice. It is your responsibility to periodically review these Terms. Continued use of the Platform after changes means you accept the updated Terms.

25. Governing Law & Jurisdiction

These Terms shall be governed by and interpreted according to the laws of India.

All disputes arising out of or related to these Terms, Platform, orders, delivery, payment, refund, supplier issues, or services shall be subject to the exclusive jurisdiction of courts located in Surat, Gujarat, India.

26. Contact Information

For any concern, complaint, support request, refund query, delivery issue, or communication related to these Terms, users may contact us through the contact details provided on the Platform.