We Deliver Mussoorie – Terms of Service (Cancellation, Delivery & Refund Policy)
These Terms of Service (“Terms”) constitute a legally binding agreement between We Deliver Mussoorie (hereinafter referred to as “the Platform,” “We,” “Us,” or “Our”) and the end-user/customer (hereinafter referred to as “the Customer,” “You,” or “Your”). By accessing, browsing, registering on, or placing an order through the Platform, You acknowledge that You have read, understood, and expressly agreed to be bound by these Terms, together with the Privacy Policy, Disclaimers, and any supplementary conditions issued by the Platform.
1. Nature of Platform Services
1.1 The Platform operates as a technology-enabled aggregator and delivery facilitator for groceries, food, bakery, pharmacy, and other miscellaneous goods.
1.2 The Platform itself does not manufacture, produce, or stock products, except where explicitly specified.
1.3 The Platform acts solely as an intermediary between Customers and Vendors/Partners and is not responsible for quality, safety, or fitness of products supplied by Vendors.
1.4 The Customer acknowledges that the Platform’s liability is restricted to coordinating delivery, enabling payments, and providing customer support within the scope of these Terms.
2. Cancellation of Orders
2.1 Customers may cancel an order within 15 minutes of placement to receive a full refund.
2.2 Beyond this time frame, no cancellations and no refunds shall be permitted.
2.3 The Platform reserves the absolute right to cancel any order at its sole discretion due to, inter alia:
Non-availability of items or vendors;
Inability to service the delivery location;
Absence of valid prescriptions for pharmacy items;
Safety, legal, or regulatory reasons;
Force majeure circumstances.
2.4 In such Platform-initiated cancellations, the Customer will be entitled to a full refund if the order was prepaid.
3. Delivery Terms
3.1 Minimum Order Value: All orders must meet a minimum value of ₹350 (exclusive of delivery charges).
3.2 Indicative Timelines:
Standard delivery: minimum 60 minutes.
OTC grocery items: may be delivered earlier.
Aggregated/special requests: up to 30 minutes extra.
3.3 Seasonal and Traffic Conditions:
The Customer expressly acknowledges that Mussoorie is a high-traffic tourist destination with peak-season congestion.
Delivery delays during such periods shall not amount to deficiency of service and will not entitle refunds except as otherwise specified herein.
3.4 Delivery Charges:
Mall Road: ₹150 flat;
Within 5 km of Mall Road Center: ₹200;
Beyond 5 km: Minimum ₹300 (subject to revision during rush hours or resource constraints).
3.5 Weather Conditions: In case of rain, snow, landslides, or other natural disruptions, the Platform reserves the right to delay, reschedule, or cancel orders without liability.
4. Refund & Return Terms
4.1 Incorrect Deliveries:
If returned immediately at the time of delivery → full refund.
If the delivery executive has already departed → 50% refund after collection of the item.
4.2 Pharmacy Orders:
Valid prescriptions are mandatory.
Prepayment is compulsory. Final billing is subject to confirmation from partner pharmacies.
The Platform may refuse, cancel, or reject orders at its sole discretion.
4.3 Deposit-Based Items (e.g., Shesha/Equipment): Refunds are processed only after safe return and inspection.
4.4 Refund Timelines: Refunds (if applicable) will be processed within 5–7 business days through the original payment channel.
5. Customer Responsibilities
5.1 Customers must provide accurate delivery addresses, contact details, and availability at the time of delivery.
5.2 The Customer is solely responsible for:
Ensuring presence to accept deliveries;
Providing genuine prescriptions for pharmacy orders;
Checking items at the time of delivery.
5.3 Any failure on the part of the Customer to comply with these obligations shall disentitle them from refunds or re-deliveries.
6. Binding Nature of Agreement
6.1 By placing an order, the Customer affirms that these Terms constitute a binding and enforceable contract under the Indian Contract Act, 1872.
6.2 Violation or misuse of the Platform’s services shall lead to suspension, denial of service, or legal proceedings, at the Platform’s discretion.
7. Limitation of Liability
7.1 The Platform shall not be liable for:
Delays due to traffic, weather, peak-season congestion, or unforeseen disruptions;
Vendor stock-outs or unavailability;
Any indirect, incidental, or consequential losses.
7.2 The Customer agrees that the Platform’s maximum liability shall never exceed the order value actually paid by the Customer.
8. Waiver of Damages
8.1 The Customer expressly waives claims for any indirect, punitive, or consequential damages, including but not limited to loss of enjoyment, inconvenience, or opportunity cost.
9. Fraud Prevention and Chargebacks
9.1 Customers shall not raise chargebacks once a refund has been duly processed under this Policy.
9.2 Any fraudulent activity, false complaints, forged prescriptions, or misuse of services shall entitle the Platform to:
Recover losses as a recoverable debt;
Initiate legal action;
Suspend or terminate Customer accounts.
10. Indemnity
The Customer agrees to indemnify, defend, and hold harmless the Platform, its affiliates, employees, agents, and delivery partners from all claims, liabilities, or expenses arising due to:
Breach of these Terms;
Fraudulent transactions or misrepresentations;
False or forged prescriptions;
Malicious or vexatious complaints.
11. Evidentiary Value of Records
11.1 Platform-generated records (including timestamps of order placement, payment, and delivery) shall constitute conclusive evidence in disputes.
11.2 Such records are admissible under the Indian Evidence Act, 1872 and the Information Technology Act, 2000.
12. Seasonal Variation Clause
12.1 The Customer acknowledges that in peak seasons, off-seasons, or adverse weather, delivery times may be longer than usual.
12.2 Such variations shall not constitute deficiency of service nor form valid grounds for cancellation or compensation.
13. Force Majeure
13.1 The Platform shall not be liable for delay, suspension, or non-performance caused by events beyond its control, including but not limited to natural disasters, accidents, strikes, war, terrorism, traffic bans, or government restrictions.
13.2 In such circumstances, the Platform may postpone or cancel deliveries, with refunds (if any) processed strictly in line with Clause 4.
14. Dispute Resolution & Jurisdiction
14.1 Disputes shall first be addressed through the Platform’s internal grievance mechanism.
14.2 Unresolved disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Mussoorie, Uttarakhand, with proceedings conducted in English.
14.3 Subject to arbitration, the courts at Mussoorie, Uttarakhand shall have exclusive jurisdiction, to the exclusion of all other courts.
15. Severability
If any provision of these Terms is held unenforceable, the remaining provisions shall continue in full force and effect.
16. Entire Agreement
These Terms constitute the entire agreement between the Customer and the Platform regarding cancellation, delivery, and refunds, and supersede all prior communications or representations.
17. Governing Law
This Policy shall be governed and construed in accordance with the laws of India.
Disclaimer: The Platform reserves the absolute right to modify, amend, or replace these Terms at any time without prior notice. Customers are bound by the version applicable at the time of placing the order.