Home Baker Terms and Conditions
Please take the time to read this document carefully as any transaction or interaction over this website will be bound by this, and it will be assumed that you have read it. The policies laid down are considered to be a legally binding agreement under the relevant law(s) in force in India at the time.
This document is an electronic record as required by Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011. This means the terms will be binding on you without requiring any signature, whether physical or digital.
1. About us
- Who are we? We are Scorch Bakeworks Pvt. Ltd., trading as homebakers.co.in (hereinafter “Homebakers”), a company registered in India under the Companies Act. Our company registration number is U74999TG2019PTC130763 and our registered office is at 505, Aditya Empress Heights, Block 2, Shaikpet, Hyderabad 500008.
- How can you contact us? You can contact us by calling our customer service team at +91 70019 53879 or by emailing us at info@Homebakers.
2. About You
- Who are you? “You” in this document refers to a Baker – one who signs up on our website to prepare and deliver orders in India.
- By accepting an order through Homebakers, you warrant that you are competent to enter into a binding contract and are at least 18 years of age (as required by the Indian Contract Act, 1872).
- The Baker must have the necessary permissions to operate as a home baker in India and to sell goods to consumers. Any failure to obtain such permissions will lead to the liability of the Baker and We will not be responsible for the same or for any liability arising directly or indirectly as the consequence of the same.
3. Our contract with you
- What all services do we provide through our website? We will provide a platform for a Client to place an order with a Baker for a dessert of your choice (eg: Cake) on the Website. As part of the Service, we will process all the payments relating to the order and, where required, liaise with the Client on your behalf in accordance with this document. We warrant that the Service will be provided by us using reasonable care and skill.
- How can you access our service? We provide access to the Service on a temporary basis, and we reserve the right to withdraw or amend the Service without notice. We will not be liable if for any reason the Service is unavailable at any time or for any period.
- To access our service, both the Baker and the Client needs to register on the website. Registration is free. Registration can be done by linking a social media account or using your email address. At the time of registration, the Company shall collect the following personally identifiable information about you: Name – including first and last name, email address, contact number, date of birth, and address.
- For all orders checked out with cash on delivery options, payments will be directly between the Baker and the Client. The Company is not responsible for any payment issues between the Baker and the Client. After three months, For customisation requests submitted by customers on HomeBakers.co.in and orders paid by credit or debit cards or electronic funds transfer. payments will be settled to Bakers by the Company on a weekly basis and the contract will be exclusively between the Baker and the Company for this release of payment. The Baker, for orders paid with cash on delivery option or customisation requests, will get an advance from the Client or Us at the time of the order. The rest of the money will be paid on delivery of the order.
- The Baker’s bank account or credit/ debit card information will only be used by the Company to transfer the requisite amount from the Client as a payment for the order. The details will be stored securely and any transactional charges will be covered by the Company.
- Intellectual property rights? All pictures uploaded by Bakers of their products will be the property of the Company and the copyright will subsist with the Company, not the Baker. We have complete ownership and copyright in the Website. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without expressing a written consent of the Company. No part of the trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company can be used. Any such unauthorized use can lead to legal action.
4. Contract with the Client
- The Baker’s contract with the Client. The legal contract for the sale of desserts purchased via Homebakers (Contract of Sale) is between the Client and the Baker. The Contract of Sale shall comprise these Terms, the Confirmation Email (see clause 5.3) and the description given on the Website for the Dessert and you agree to be bound by all such provisions.
- What is our role in the contract between the Client and the Baker? The Client places an Order with has instructed us as their agent to conclude the Contract of Sale with the Client and accept, refund and process all payments relating to the sale of their Cakes via the Website. For any avoidance of doubt, we are not a party to this Contract of Sale. We have no control over, and accept no responsibility for the non-acceptance of the product by the customer, deficiency in payment or any other damages. We cannot be held liable for any such breach of contract between the Baker and the Client.
- For the first three months of registration, the Baker does not have to pay a commission on the orders they accept via the website. After 3 months, the Company will charge 15% as the commission on the price of the cake. The Baker is to appropriately price his/her cakes to ensure this 15% cost is also borne by the customer.
- With every order that a Baker accepts, there is also a contract formed between the Baker and the Company SOLELY for the purpose of payment of a commission. Since the Company acts as an intermediary, we reserve the right to be paid a specified commission on every order placed on the website. The Baker will be liable to be sued for a breach of contract if he/she chooses to engage directly with the Homebaker so as to avoid not paying the commission.
- Allergies/Ingredients. Bakers have to provide information about the ingredients in the Desserts put on the website, in light of allergies that clients may have. We try to accurately display all the ingredients and allergens present in each item which has been provided to us on behalf of each Baker on the Website. Clients will have the opportunity and liberty to reach out to you for further discussion on ingredients. Any damages arising from deviation from ingredients asked for by the Client will be the sole responsibility of the Baker and the Company will not be liable for the same. Further, any health concerns which arise to the client from consuming the Baker’s goods will be the sole responsibility of the Baker and We will not be held liable in any way.
- Orders will be placed by Clients from the list of products that the Baker uploads on the website. There are no restrictions on the number of products that they can upload. The Baker can speak to the Client directly to understand further customization requirements of the Client. Clients can also choose to customise their order by providing a sample photo to the Baker, even if such a photo has not been uploaded by the Baker.
- Each order is processed online- an email is sent to the Baker with full order details, delivery details and any specific requirements. The baker has 2 hours to confirm they are able to accept the order.
- Every order’s price must be determined by including the required taxes payable by the Baker. We will not be liable for payment of taxes which the Baker has to pay on any order received from us.
- Only on acceptance will the Client be notified that the order is confirmed. Bakers usually will get at least 2 clear working days (not including bank holidays) to bake the order. Bakers can also mention the minimum number of days (if it is over 2 days) notice required for them for each type of product enlisted on their website.
- Bakers are expected to promptly inform the Company if they cannot fulfil the order after acceptance. The Company will inform the Client of this by email and will not charge for the order. The Company cannot be held liable for any cancellation as they are not a party to the contract between the Client and the Baker.
- The reasons why a Baker can choose not to fulfil an order – because of unexpected limits on the Baker’s resources, because they have identified an error in the price or description of the Cake or because the Baker is unable to adhere to the delivery deadline as specified.
- In case of any cancellation by the Baker after acceptance, they will be charged at least 50% of the order value.
- Every Order placed on the number will have an order number assigned to it.
- A Client is not be entitled by way of a right to cancel or amend their Order or to a refund of the price you have paid. However, the Client may contact us and we will attempt to contact and communicate with the Baker. The Baker is not obligated to accept the cancellation or alteration of the order and will not be penalized for the same by the Company or the Client.
6. Images and logos
- Any image uploaded by the Baker on the website becomes the sole property of the Company. The Company has the right to use it for promotional and other business purposes and will not require any permission from the Baker for the same.
- Any image or logo used by the Baker in their product must not be an infringement of intellectual property. In case of any such infringement, the Baker and the Client will be the parties to the said legal issue. The Company will in no way be liable for this infringement.
- In case a logo provided by the Client has been used by the Baker and has led to infringement, the Client shall indemnify and hold us and the Baker harmless against any and all damages, liabilities, costs, expenses and/or losses arising out of or relating to any breach of this clause 6.1 in relation to any claim or action that the use of any images and/or logos provided by you infringes a third party’s intellectual property rights.
- Delivery – Neither we nor the Baker will not guarantee that an Order will be delivered on the delivery date/within the time you have selected but the Baker will do their best to ensure that the Order is delivered on time. Neither we nor the Baker can accept any responsibility or liability arising from late delivery of your order.
- What if you are not at home when the Cake is delivered? If no one is available at the provided delivery address to take delivery, the Baker will only hold an order until the end of its shelf life before disposing of it. If a Baker disposes of a dessert because it has passed its shelf life, or the Baker has otherwise been unable to deliver the dessert to you in accordance with this clause 7, you will not be entitled to a refund. While the Baker, at their own will, may reach out to reschedule delivery or accept any requests to accommodate your availability, this is not guaranteed and is not available as a right to You.
- What if delivery details provided are incorrect? Neither we nor the Baker shall be liable for any delay or failure in the delivery of the desserts that is caused by your failure to provide the Baker with adequate delivery instructions or any other instructions that are relevant to the supply of the desserts including erroneous address, lack of permission to enter or refusal of the order.
8. Price and Payment
- Where to find the price for the cake? The price of the dessert (which includes GST and delivery costs) will be the price indicated on the Website when you placed your Order.
- What happens if we or the Baker got the price wrong on the Website? It is always possible that, despite our and the Baker’s best efforts, some of the items may be incorrectly priced. If the desert’s price at your Order date is wrong, we will contact you to confirm the correct price before the Baker starts processing your Order. If the corrected price is not favourable to you, you may choose not to go ahead with the order. You will not be charged for this order.
- When and how to pay for an Order? Payment for all Orders must be made through the Website. Payment can be made by “Cash on delivery” or “Payment wallets”. You must choose the payment method for the desserts when submitting your Order. In case of the payment method of “Cash on delivery”, an order will be considered as a void in case of non-receipt of the cash payment at the time of physical delivery of your Order.
- What if the Baker cannot accept your Order? Due to standard banking procedures, once you have placed an order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your Order. If your Order is subsequently rejected by the Baker (as described in clause 5.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to our account, and will instead transfer it back into your available balance. However, this may take between 2 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither we nor the relevant Baker will be responsible or liable to you in relation to this delay by your bank or card issuer in transferring the funds back into your account.
- Cake information. We try to accurately display the dessert names, descriptions, prices, ingredients, allergen warnings and other information as provided to us by the Bakers. The Bakers are responsible for providing this information and ensuring that it is complete, accurate and up-to-date. If you are in any doubt about allergy warnings, ingredients in order or any other information relating to the order, you should contact our customer service team on +91 70019 53879 who will forward your query to the Baker. We do not accept any responsibility for any incomplete or inaccurate information.
- Cakes may vary slightly from their pictures. The images of the dessert on the Website are uploaded by the Bakers and are for illustrative purposes only. Your order may vary slightly from those images as each one is homemade. Neither we nor the Baker guarantee that the order that is delivered to the Recipient will be identical to the item in the photograph.
- Cake packaging may vary. The packaging of the order may vary. The Baker will undertake pack each dessert in a secure and hygienic manner.
- Quality of the Bakers. We do not give any undertaking, assurance or warranty about the Bakers on the Website and we disclaim any such undertakings, assurances or warranties.
- Quality of the Cakes. We do not give any undertaking, assurance or warranty that the desserts ordered from any Baker through this Website will be of satisfactory quality or suitable for your purpose and we disclaim any such undertakings, assurances or warranties.
10. Warranties and Liabilities
- General. To the extremest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.
- Service. The Service is provided on an “as is” basis and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.
- Order. To the fullest extent permitted by applicable laws, and subject to clause 10.4, we disclaim all liability and responsibility relating to the Cakes.
- Exclusions. Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation (only contractual in Ind), for death or personal injury resulting from our negligence or the negligence of our agents or employees (purely tortious in Ind OR is criminal which will also lie on the Baker) or for any other liability that cannot be limited or excluded by law. Nothing in these Terms affects your statutory rights. (was already there – not statutorily needed in India).
- Limitation of liability. Subject to clause 10.3, our total liability to you in respect of all losses arising under or in connection with your use, or inability to use any part of the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall in no circumstances exceed the value of the Order or Rs. 1000, whichever is the lower.
- Termination of these Terms will occur only if you stop using the website.
- What are the reasons for which we can terminate with immediate effect? We may terminate or suspend your right to use the Service if we believe that you have breached any of your obligations under this Document. This can be done without any prior notice. The right of Homebakers to move against you for pre-existing liabilities will survive the termination.
12. Feedback or Complaints
- How to tell us about problems? If you are dissatisfied with any Cake or service provided by a Baker please consider providing a rating and/or a review on the Website to reflect your experience.
- Compensation. If you are dissatisfied with any Cake or service provided by a Baker and wish to seek a refund or compensation, please let us know and we will contact the Baker to lodge your complaint. Please note that we have no control over the Bakers or the quality of their Cakes or the service they provide and we have no responsibility or liability to compensate you on behalf of any Baker.
- Feedback – the Company has complete ownership over any content shared by You on the website as feedback, and reserves the right to use such Feedback in any manner it deems fit. You will not be entitled to any payment for your feedback or the use of it, and are not entitled to a mandatory response to such Feedback. If any intellectual property has been infringed by you in the feedback, the Company will not be liable for any such damage.
- General. Any material you provide in connection with the Service will be considered non-confidential and non-proprietary and may be made viewable to the public on the Website. This will include any comments, feedback or ratings you submit in relation to a Baker or a Cake.
- Prohibited material. You are prohibited from submitting any comment, feedback or rating on a Cake or a Baker that you Order from that:
- is unlawful or fraudulent;
- is unauthorised advertising;
- contains viruses or other harmful programming;
- infringes the intellectual property rights of another person;
- contains any defamatory, obscene or offensive material; or
- promotes violence or discrimination.
- is unlawful or fraudulent;
- Our right to remove reviews. We reserve the right to remove any review, rating or feedback which breaches clause 13.2 above or is in any other way objectionable.
- Relying on reviews of others. Reviews reflect the views and opinions of the reviewer only. We accept no responsibility for any reviews, ratings or feedback posted on the Website or the opinions expressed within them relating to any Baker or Cake. Accordingly, we accept no liability to any person arising from any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
- Liability. You agree to indemnify us against any and all losses, damages and claims incurred by or made against us by a Baker or any other third party in connection with any review, feedback or ratings you have posted or uploaded to the Website.
14. Other Important Terms
- We reserve the right to transfer this agreement to someone else. We reserve the right to transfer our rights and obligations under these Terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
- Nobody else has any rights under the contract between you and us. The contract under these Terms is between you and us. No other person shall have any rights to enforce any of these Terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. Our rights subsist till the end of the Limitation period or as adjudged by a competent court of law, whichever is later.
- Which laws apply to the contract between you and us and where you may bring legal proceedings. These terms are governed by Indian law. You and we both agree to that the courts of India will have an exclusive jurisdiction.