Terms & Conditions
This site www.smokebythesea.com is owned and maintained by Smoke By The Sea. The information, software, products, and services included in or available through the Smoke By The Sea sites/services may include inaccuracies or typographical errors. Changes are periodically made to the Smoke By The Sea sites/services and to the information therein.
Smoke By The Sea and/or its respective suppliers may make improvements and/or changes in the Smoke By The Sea sites/services at any time.
Advice received via the Smoke By The Sea sites/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Smoke By The Sea and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Smoke By The Sea sites/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. Smoke By The Sea and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics,including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non- infringement.
All our orders, in good faith, are accepted and expected to be delivered in the promised time frame by our reputed courier services. However unforeseen activities as festivals in a particular region or holidays associated with the same acts of riot, arson and Gods deeds cannot be blamed for delayed deliveries.
The end product received by you might differ visually from the professionally photographed product displayed on our website, however it’s utmost variety physically possible is our endeavor.
This site may contain links to other websites operated by third parties (“linked sites”). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains the Smoke By The Sea logo, advertisements and/or other content selected by Smoke By The Sea. You acknowledge that Smoke By The Sea and its sponsors neither endorse nor are affiliated with the linked site and are not responsible for any content of any linked site or any link contained in a link site, or any changes or updates to such sites. You also acknowledge that Smoke By The Sea is providing these links to you only as a convenience.
You specifically agree that Smoke By The Sea shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through an Smoke By The Sea site/service. You specifically agree that Smoke By The Sea is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Smoke By The Sea is not responsible for any content sent using and/or included in an Smoke By The Sea site/service by any third party.
In no event shall Smoke By The Sea and/or its suppliers be liable for any direct, indirect, punitive,incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Smoke By The Sea sites/services, with the delay or inability to use the Smoke By The Sea sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Smoke By The Sea sites/services, or otherwise arising out of the use of the Smoke By The Sea sites/services, whether based on contract, tort, negligence, strict liability or otherwise, even if Smoke By The Sea or any of its suppliers has been advised of the possibility of damages. Smoke By The Sea does not endorse in any way any advertisers/ contents of advertisers on its web pages. Please therefore verify the veracity of all information on your own before undertaking reliance and actioning thereupon. Smoke By The Sea shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement.
This agreement is governed by the laws of the Republic of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India in all disputes arising out of or relating to the use of the Smoke By The Sea sites/services. Use of the Smoke By The Sea sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Smoke By The Sea, its subsidiaries, affiliates, officers and employees,harmless from any claim, demand, or damage, including reasonable attorneys fees, asserted by any third party due to or arising out of your use of or conduct on the Smoke By The Sea sites/services.
Smoke By The Sea reserves the right to disclose any personal information about you or your use of the Smoke By The Sea sites/services, including its contents, without your prior permission if Smoke By The Sea has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process;(2) protect and defend the rights or property of Smoke By The Sea or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Smoke By The Sea performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smoke By The Sea’s right to comply with governmental, court and law enforcement requests or requirements relating to our use of the Smoke By The Sea sites/services or information provided to or gathered by Smoke By The Sea with respect to such use. if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smoke By The Sea with respect to the Smoke By The Sea sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smoke By The Sea with respect to the Smoke By The Sea sites/services.
Privacy Policy
We respect your privacy and are committed to maintaining it. When you shop on this Website, you would be asked for some Personal Information such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and password.
We may also collect information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on. We may collect this information even if you do not register with us. None of this data is of a personal nature and will help us improve the quality of our service.
How we use the information we collect:
· Processing your orders
· Administering your account
· Improving the website’s performance by analysing statistical data
If you consent, to notify you of products or special offers that may be of interest to you. You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
We would not release your Personal Information to any company outside for mailing or marketing purposes.
We use ‘Cookies’ to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping cart at any time. ‘Cookies’ are tiny text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer. `Cookies` cannot harm your computer and do not contain any personal or private information.
We do not hold any of your credit card information. This information is securely collected by our authorised payment gateways. With the industry’s most-advanced encryption, fraud prevention and protection policies, our payment gateways are dedicated to keeping your account safe and secure. Once your information reaches our payment gateways it resides on a server that is heavily guarded both physically and electronically.
Shipping & Delivery Policy
Smoke By The Sea is committed to deliver your order with good quality packaging within a given time frame.
To ensure that your order reaches you in good condition, in the shortest span of time, we ship through reputed courier agencies only and to the specific geographies serviced by them. We ship throughout the week during normal working hours except Saturday/Sunday/Public holidays (which are excluded to prevent the lag in shipments).
We levy a service charge for each order. The service charge is inclusive of the shipping charge for every order. For multiple products ordered, the program adds up the total of all individual shipping charges. Thus, a customer who orders three products is charged the total of all individual delivery charges associated with each product. The shipping charge also depends on the distance between the customer location and producer location as well as the recommended mode of delivery for the nature of the product. Thus, the delivery fee is calculated separately when a customer orders different products.
Orders placed before 12 noon are dispatched the same working day or the next working day depending on availability of the fresh product. Most orders are delivered within 2 to 5 working days. Delivery of all orders will be duly done to the address as mentioned by you at the time of placing the order. In order to avoid disappointment, we will not accept orders that need to be delivered to any pin code not serviced by our reputed courier partners.
If you think you have received the package in a bad condition or if the packaging is tampered with or damaged before delivery, please refuse to accept the package and return the package to the delivery person. Also, please contact our customer care at info@smokebythesea.com mentioning your Order ID. We will request you for the pictures of the shipment and individual pictures of the boxes which will be provided to the Food Vendors and the courier partner within 48 hours of shipment delivery. If the claim is genuine as found by us, we will ensure that a suitable replacement is issued to you with no additional cost. Please make sure that you send digital evidence of the unsatisfactory product while raising a claim for a replacement/refund.
Please note that the delivery timing depends on a number of factors like: weather, unforeseen events, traffic conditions and other special events. However, we will always endeavour to complete the delivery as early as possible and keep you updated in case of any changes. We are not responsible for any delay caused by any unforeseen time lags by the courier companies in delivering the parcels to the customer, or if the customer is not available at the time of delivery.
DELIVERY DATES
For Indian Metros it will take 2-3 working days
For Indian Major cities it will take 2-5 working days
For Rest of Indian City (as per Courier Provider) it will take 4-6 working days.
Cancellation Policy
We firmly believe in helping our customers as far as possible, and therefore have a liberal cancellation policy.
If unfortunately you have to cancel an order, please contact our customer care at info@smokebythesea.com. If you cancel your order before your food items have been shipped, we will refund the entire amount. However, once the order has been shipped (that is, it has been produced and handed over to the delivery agent), we will not be in a position to address any cancellation requests.
Refunds will be made in the same method that the payment is received, within 10 working days from the date of cancellation of order.
If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
RESOLUTION OF CONCERNS
Please email any concern to info@smokebythesea.com
If the concern is regarding the taste/quality/ingredients of the food product, we will make suitable efforts to help resolve the complaint.
If you think you have received the food items in an unsatisfactory condition or if the packaging is tampered with or damaged before delivery, please email us at info@smokebythesea.com mentioning your Order ID within 24 hours of accepting the package. We will request you for the pictures of the shipment and individual pictures of the boxes and the courier partner within 48 hours of shipment delivery. If the claim is genuine as found by us, we will initiate replacement or refund for the same.