Terms and Conditions

The domain name, ModernQuests.com (hereinafter referred to as “Website” which includes reference to the mobile applications), is owned by Quests Creative Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at B2/12 Mohan Cooperative Industrial Estate, Badarpur, New Delhi (hereinafter referred to as “Company”, “We”, “Our” or “Us”). The terms and conditions set out herein between the Company (its successors and assigns) and the users of the Website ("You" or "Your") describe the terms on which the Company offers You access to the Website and allows You to use the same to purchase any products and services.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR USING ANY SERVICE OR MATERIAL FROM THE WEBSITE. YOUR USE OF THE WEBSITE TO ACCESS OR BROWSE ANY PRODUCTS OR SERVICES OF THIS WEBSITE INDICATES THAT YOU AGREE TO ALL TERMS AND CONDITIONS MENTIONED HEREIN AND ARE LEGALLY BOUND TO THE SAME. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DO NOT ACCESS THE WEBSITE OR USE IT TO MAKE ANY PURCHASE.

Terms & Conditions of the Website means the terms mentioned on this page including the following:

Terms of Use
Cancellation & Return Policy
Shipping Policy
Warranty Policy
Privacy Policy

And any other terms notified by the Company from time to time and/or posted on the Website or communicated to You in any other form.

TERMS OF USE

ModernQuests.com and its mobile applications are defined as "Website"
Quests Creative Private Limited is defined as “Company”, “We”, “Our” or “Us”
User of website/mobile applications is defined as “You” or “Your”

General

The Website acts as a platform to facilitate online purchases of products and services listed or featured on the Website. The products featured on the Website are sourced by the Company from the manufacturer/supplier and made available for purchase on the Website.

When making a purchase of any product or service through the Website, You shall take all responsibility for Your own actions in utilizing the products or services purchased by You. The Website and/or Company shall not be liable for any such action. You represent and confirm that You are of legal age to enter into a binding contract and are not a person barred from receiving services under the laws as applicable in India.

Pricing

The price for each product shall be as disclosed to You at the time of Your purchase. The Company does not guarantee that the price mentioned would be the lowest in Your city, state or country. Prices and availability are subject to change without notice or any consequential liability to You. If a product is listed at an incorrect price or with incorrect information on the Website due to any form of error, the Company shall have the right to refuse or cancel any orders placed for product listed with the incorrect price or information. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment has been made. If payment has already been made and Your order is canceled because of incorrect price or information, the Company shall immediately issue a refund for the amount so charged to the mode of payment used for the transaction.

Content and Images

The Company does not guarantee that any content will be made available through any of its services including the newsletter or on any page of the Website or that posted on social media platform(s). We reserve the right, but are not obligated, to modify or remove any content, images or material, at Our sole discretion, without any prior notice to You for no specific reason or any reason, including but not limited to receipt of claims or allegations from third parties or authorities relating to such content, image or material.

All images on the Website, the newsletter, social media platform(s) or any other media may not necessarily be photographed or clicked by an employee of the Company. Some images may have been provided by other suppliers, or generated digitally, or might have been obtained from freely available sources online. These images are posted essentially to illustrate the look and usage of the products We sell. Contents from the Website may also be used for promotional or advertisement purposes on Our social media platform(s) or newsletter or any other media. We, therefore, do not warrant to the correctness of such images posted on the Website, Our social media platform(s), newsletter or any other media.

You, in accordance with the Terms & Conditions, may access and use the content, images and material from the Website, social media platform(s), the newsletter or any other media only for personal and informational purposes.

Accounts and Membership

Account creation and Membership on the Website is free for buyers. The Company does not charge any fee for browsing and purchasing products on the Website. The Company reserves the right to change its fee policy from time to time. The Company may, at its sole discretion, introduce any new services or modify any existing services offered on the Website and can introduce fees for these new or modified services. Any changes to the fees will be posted on the Website and shall become effective immediately after they are posted on the Website. You may only create one account on the Website (herein after referred to as “Your Account”). We reserve the right to terminate any additional accounts that may be created by You or at Your behest, in Your name.

You are responsible for ensuring the confidentiality of Your Account information. You are entirely responsible for any activity that occurs through Your Account. If there is any unauthorized usage of Your Account, You are required to immediately inform the Company. The Company shall not be held responsible for any damage or loss that arises from Your failure to comply with the conditions mentioned herein. You agree that if You provide any information that is not current, correct, accurate or complete or if the Company has reasonable grounds to believe that information provided by You is not current, correct, accurate or complete in accordance with the Terms of Use, the Company shall have the right to terminate Your Account and membership and refuse to provide You with access to the Website.

Order Acceptance

The order placed by You on the Website constitutes Your acceptance to purchase the product offered on the Website. Once You have placed the order on the Website, You will be intimated electronically or in any other form that We have received Your order. We will, thereafter, take steps to process and dispatch the order to You. For Cash on Delivery orders, We will first contact You before the product is dispatched to confirm Your Order and then proceed to dispatch the same. If We cannot process Your order as Cash on Delivery, then We will inform You electronically or over the phone. If Your Cash on Delivery order is large in size or value, We may split the order and dispatch in multiple parts instead of dispatching all items together.

If the product You have ordered is out of stock or for any reason, the order placed cannot be shipped or delivered to You, entirely or partially, the Company will contact You to provide necessary options. If a refund is requested and the order has already been paid for, the refund will be processed directly back to Your credit card, debit card, bank account or any other payment method used for such transaction. For Cash On Delivery orders, no refund shall be given as no payment has been collected by the Company.

Payments

For processing payments through most online modes (except payment modes mentioned below), We use a third-party payment gateway and processor (hereinafter referred to as “Payment Processor”). When making payments, You might be required to provide Your credit card or debit card details or other details as may be necessary to the Payment Processor. Therefore, the processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to all terms, conditions and policies of the Website. You agree to provide correct and accurate credit card or debit card or other details to the Payment Processor for purchasing any products or availing any services on the Website. You will be solely responsible for the security and confidentiality of Your credit/debit card details or other details provided by You. The Website and/or Company shall not be responsible for any liabilities that may arise as a consequence of any unauthorized use of Your credit card or debit card or detailed provided by You.

Online banking, Unified Payment Interface (UPI), mobile wallets and other similar payment modes, having their own payment facility/gateway/system, process payments/transfers using such facility/gateway/ system. All such payments/transfers are, thus, also governed by the terms and conditions agreed to between You and the respective issuing bank or UPI processor or other party/entity whose payment facility/gateway/system is being used to make the payment/transfers.

Cash on Delivery

The Website offers Cash on Delivery option for certain products.

You are requested to verify the total amount before making a Cash on Delivery payment and then after delivery, verify the product. In case any of the product(s) delivered is/are not what You had ordered, You are required to initiate a return for such product(s) as per the Cancellation & Return Policy of the Company

The product shall be delivered only against the full payment of the price for such product (including shipping charges) as mentioned in the order receipt.

The Company may disable this Cash on Delivery option temporarily or for certain products without prior notice to You.

Comments and Reviews

Any comment, review or information that You submit to or post on the Website or provide to the Company will be treated as non-proprietary and non-confidential. The Company and/or the Website shall have irrevocable, transferable and royalty-free right to publish, use, copy and distribute such content. All such content shall automatically become the sole and exclusive property of the Company and shall not be returned to You. If You post any comments or reviews on the Website, You grant the Company the right to use all information from that respective post. Under no circumstances You shall use a false e-mail address or pretend to be someone else to post any comments or reviews on the Website. The Company, in its discretion, may edit or remove or withdraw any post, reviews or comments, for any reason, without any intimation to You.

Permission for use of Website

Subject to the terms and conditions mentioned herein, You have the permission to use the Website for browsing the contents thereof, making any purchase or availing the services provided by the Company.

The contents of the Website including but not limited to the product content, graphics, compilation of data, layout of the webpage, icons and audio/video clips are the property of the Company and protected under copyright law in India. The Website or any portion of thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, distributed or otherwise exploited for any commercial purpose without the express written consent of the Company.

Liability

The Company shall not be liable for any loss that You may incur as a result of incorrect or unauthorized use of Your personal information or Your Account that occurs with or without Your knowledge. The Company does not warrant to the correctness or accuracy of the information, content, material or images on the Website and/or the newsletter and/or Our social media platform(s). The Company is not liable/responsible to You for any claims or losses arising out of or by placing reliance on the information, content, material or images posted on the Website and/or its newsletter subscribed by You.

The Company will endeavor to provide uninterrupted access to the Website to the extent possible. However, access to the Website may be temporarily suspended or restricted to allow for repairs, maintenance or updation without prior notice to You.

The Company shall not be responsible for any planned or unplanned downtime or unavailability of the Website. You may download any information, content or images from the Website and/or the newsletter and/or Our social media platform(s) at Your own risk and the Company shall not be held responsible for any damage or loss of information or data that may occur from the download of said information, content or images.

The Company shall not be liable for any injury suffered by or inflicted on You while unpacking or opening the contents of the packaging or the product or at the time of handling or using the product purchased by You from the Website. In the event You notice that the product is missing, damaged or defective in any way (not on account of Your fault or actions), You are requested to notify the Company within 48 hours of receiving the package. You shall not hold the Company responsible or claim any losses for any injury to You or any other person, arising from handling or using such damaged or defective product.

If there is any delay or failure to comply with Our obligations under these terms & conditions on account of any unforeseeable event which is beyond Our control, We shall not be liable for any losses arising, if any, from such delay or failure to comply to with terms & conditions.

Notwithstanding anything to the contrary, the entire liability of the Company to You, in any event, shall be the refund of the money that is charged to You, if the Company is under any liability to pay any amount. In no event shall the Company and/or any of its directors, officers, employees, suppliers or vendors be liable to You or any third party for any type of special, incidental, indirect, consequential or punitive damages whatsoever. This includes any theory of liability, including warranty or breach of contract, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of any products and services from the Website.

Waiver

In case We take no action for Your breach of these terms and conditions, the same shall not constitute a waiver of Our rights. We will still be entitled to use Our rights and remedies for any subsequent breach of these terms and conditions.

Changes to Terms & Conditions

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time and any or all of the content, products, features and services or change/charge any price for the product or charges for use of the services contained on the Website, at any time and in its sole discretion.

The Website may add or modify any processes, procedures or conditions of purchase at any time. The Company shall not be liable to You or to any third party for any changes, modification or discontinuation of any services. The Company reserves the right to modify, suspend or restrict access to all or part of the services at any time without any prior written notice.

Any such changes will become effective on the date it is notified as having become effective and/or on posting on the Website. Your continued use of the Website following the posting of changes will constitute Your acceptance of such changes. It is Your responsibility to check these Terms & Conditions periodically for changes. We encourage You to review the Terms & Conditions whenever You visit the Website. If at any time You choose not to accept these Terms & Conditions, including following any such modifications hereto, then please do not use the Website.

Governing Law, Jurisdiction and Disputes

Access or use of the Website or orders placed by You on the Website or matters relating thereto, shall be governed in accordance with laws of India, regardless of the laws that might be applicable under principles of conflicts of law. Any claims, transactions and disputes related to the Terms & Conditions of the Website and/or the relationship between You and the Company or the purchases made by You on the Website shall be subject to exclusive jurisdiction of the courts at Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

CANCELLATION & RETURN POLICY

ModernQuests.com and its mobile applications are defined as "Website"
Quests Creative Private Limited is defined as “Company”, “We”, “Our” or “Us”
User of website/mobile applications is defined as “You” or “Your”

After placing the order on the Website and receiving an intimation from Us that We have received Your order, You can cancel the order only if such order has been placed inadvertently and no later than 12 hours of receiving such intimation by sending an email to hey@modernquests.com with the caption “Cancellation”. You can also try to cancel the order by clicking on 'CanceI' button if it is available on the Order Confirmation / Thank You page. If the order was paid through any of the online modes of payment, the refund will be credited to You electronically to Your original mode of payment. For Cash On Delivery orders, no refund shall be given as no payment has been collected. Please note that cancellation will only be allowed if the order has not been processed.

If the courier tracking information for Your order shows the shipment(s) as delivered and You have not physically received the said shipment(s) or product(s) that You had ordered, You are required to inform Us at hey@modernquests.com within 48 hours of the time mentioned on the delivery scan provided in the courier tracking information.

Please note that eligibility for return (“Return Eligibility:”) is mentioned for each product in a tab below the description on the Website. If no return eligibility is mentioned that would indicate that the product is not eligible for return. If You would like to return or exchange any product(s) which are eligible for return, You are required to send an email to hey@modernquests.com with the caption “Return” or “Exchange” within 7 days from date of delivery of the product(s). You can also use our Returns Portal to search Your Order and submit the Return Request for an item that is eligible for return. Any request received after the period of 7 days from the date of delivery of the product shall not be entertained. Please provide images of the product(s) You wish to return along with the Return Request.

If the product(s) is eligible for return, We shall acknowledge Your email / Return Request and try to arrange a pickup for the product(s) from Your address. Kindly note that at the time of pickup of the product from Your address, You will be asked to return the product to the pickup agent and You shall then receive a pickup confirmation SMS from Our courier partner (hereinafter referred to as “Return Receipt SMS”). You are required to keep the Return Receipt SMS for the product, which shall be the only conclusive proof of the product being returned. Should You return the product without receiving the Return Receipt SMS, the processing of return of the product or refund of the amount charged for it may be jeopardized and shall lie solely at the discretion of the Company. If We are not able to arrange the pickup for any reason from Your address, We shall communicate the same to You and it would then be Your responsibility to ensure that the product is dispatched back to Our warehouse within 2 days of receiving this communication.

In any of the aforesaid scenarios, please ensure that the product to be returned is packed well so that no damage is caused to the product in transit. All products being returned should be in new and unused condition and in their original packaging (including the internal packaging of the product), accompanied with the original labels, barcodes and any other documents. Once the return package is delivered to Our warehouse, the product will be checked thoroughly to ensure the authenticity and quality of the product.

If the product has not been returned in the same condition as it was shipped, no return or exchange shall be processed and You shall be responsible for bearing the return delivery charges. If the returned product is acknowledged and accepted by Us confirming its authenticity and quality in writing to You, Your return or exchange will be processed within an appropriate time frame. For returns, if the order was paid through any of the online modes of payment, the refund will be credited to You electronically to Your original mode of payment. Please allow 5 to 7 working days for the credit to appear in Your original mode of payment. If the order was paid through Cash On Delivery (COD) method, We will issue a payout link for refund to Your bank account or issue a store credit (i.e. either a gift card or credit note, as the case may be). In any case, the refund amount will be equivalent to the amount charged for the returned product, excluding any charges paid towards express shipping charges and after levying restocking fee, if imposed by Us.

For most cases of returns or exchanges, there are no additional processing fees. However, please note that a restocking fee of 10% of the product value may be charged on certain returns or exchanges if We believe that the reason for the return or exchange is not genuine or if multiple items are being returned from an order.

If You receive a product that has any defect or damage (not on account of Your actions), please inform Us at hey@modernquests.com within 48 hours of receipt of the product. Once the product is returned to Our warehouse, the damage will be assessed by Us and if We believe that the damage complaint is genuine, a replacement or refund or some other corrective measure may be offered by Us to address the issue. If the product can be repaired by Us without damaging the quality, it shall be repaired and returned back to You. If the damage or defect complaint is not genuine and the product is found to be in good working condition by Us, then all transport costs of the shipment (including for return of the product to Our warehouse and then subsequent delivery of the same product back to You) shall be borne by You, the customer. If the defect or damage has not been communicated to Us within 48 hours of receipt of the product(s), We shall not be held responsible for failure to provide a refund or replacement of the product, even though the period of 7 days to return the product has not expired.

If the quality of any product(s) or service procured by You though Our Website does not meet Your expectations, no further compensation will be given other than a refund or store credit, as the case may be, for such product or service

SHIPPING POLICY

For the time being, We only process orders for delivery within India.

Your shipping address, city, state and pin code will be verified before shipping the product. If Your order cannot be delivered by Our delivery partners, We shall request You to provide Us with a different shipping address that can be serviced by Our delivery partners. If there is any dispute regarding the delivery of any order to the shipping address specified by You that is not covered by Our delivery partners, the Company shall not be held responsible for not delivering the products. If the order has already been paid for, the refund will be processed directly back to Your credit card, debit card or bank account or any other payment method used for the transaction. For Cash On Delivery orders, no refund shall be given as no payment has been collected by the Company.

Depending on the value of the order placed by You, the product(s) may have to be shipped in different batches or consignments, for which an intimation shall be sent to You.

Before processing, dispatching or delivering any product or service to You, the Company may request You to provide documents supporting Your identity. These documents may include, but are not limited to, an identification or residence proof issued by the Government of India, to establish the ownership of the instrument of payment used by You for the purchase of a product or service.

We usually get most orders delivered within 2 to 8 working days from the date of Order Acceptance. Based on Your location, an estimate of delivery period is provided when completing the checkout process. The estimated days mentioned regarding dispatch and delivery times are for guidance only. The Website or the Company shall not be held liable to meet such estimated dispatch and delivery guidelines. In case of any delays in delivery of a product that occur because of reasons beyond Our control, We shall not be held responsible for the same.

WARRANTY POLICY

Certain products sold on this Website are covered by ‘Limited Warranty’ as specified in the product description of such product. We provide Limited Warranty for such product(s) against manufacturing defects in material and workmanship under ordinary consumer use. This Limited Warranty does not extend to defects, damage or breakage or loss caused due to accident, misuse, regular wear and tear, neglect, fire or damage from other external causes, alteration, repair, or commercial use, not attributable to the manufacturer’s material or workmanship of the product.

The warranty period relating to a product is subject to the period mentioned in the product description of that product (hereinafter referred to as “Limited Warranty Period”).

During the Limited Warranty Period, if a defect arises in a product, You are required to follow Our instructions for returning the product. You are required to ensure that the product is well-packed, using either the original packaging or packaging material of equal grade, so that no damage is caused to the product in transit. We will, at Our option, to the extent permitted by law, either (i) repair the product using either new or refurbished parts, (ii) replace the product with a new or refurbished product that is equivalent to the product to be replaced, or (iii) refund to You the purchase price of the product.

The Limited Warranty applies, to the extent permitted by law, to any repair or replacement made by the Company till the remainder of the original Limited Warranty Period. All replaced products and products for which a refund is given shall become Our property.

Limitation of Liability

The Company disclaims all other warranties, express or implied, including, but not limited to the implied warranties of merchantability or fitness for a particular purpose. Any implied warranties that may be imposed by applicable law are limited to the duration of the Limited Warranty Period. In no event shall the Company be liable for any incidental, special or consequential damages, consequential human injury or loss, including, but not limited to loss of business, etc. whether in an action in contract or tort or based on a warranty arising out of or in connection with the use or performance of the product, even if We have been advised of the possibility of such damages.

You agree that repair or replacement, as applicable, under the Limited Warranty described herein are the sole and exclusive remedies with respect to any breach of the Limited Warranty set forth herein.

If any provisions of the Limited Warranty are judged to be unenforceable or illegal, the continuation of the other provisions will not be affected.

The Limited Warranty is not transferable from one user/customer to another. Only if a customer transfers the ownership of a product to another end user, the remainder of the Limited Warranty Period may also transfer to the new owner.

Our maximum liability under the Limited Warranty Policy is limited to the price of the product(s) or the cost of repair or replacement charges, whichever is lower.

For any inquiries about the Limited Warranty or warranty service for Your product, please send an email to hey@modernquests.com with the subject line as “Warranty”.

PRIVACY POLICY

To better protect Your privacy, We provide this policy explaining Our online information practices and the choices You can make about the way Your information is collected and used.

By visiting this Website, You express Your consent to Our Terms & Conditions including the Privacy Policy. If You do not agree to Our Terms & Conditions or Privacy Policy, please do not use or access Our Website.

Our privacy policy is subject to change at any time without notice. Please visit this page periodically to stay up to date with any changes.

Collection of personal information

When You use this Website, We only collect and store the information provided by You from time to time. The primary purpose in collecting Your personal information is to optimize the user experience at the Website.

Regardless, You can browse through Our Website without informing Us who You are. We collect personally identifiable information such as name, phone number and email address and all information entered by You on Our Website when You place an order or setup an account or register for Our newsletter. Where possible We specify the fields, which are required, and which fields are optional.

Additionally, in operating Our Website, We may automatically collect and process certain data about You such as IP address, previous and next URL, location data and other communication data. We may use this information to do internal research on Our users' demographics, interests, and behavior to better understand, protect and serve Our user.

We also collect and process certain data about You such as information You may provide while filling up a form on Our Website, details of Your visits to Our Website and Your buying behavior when You transact on the Website. We also collect information when You send Us any communication/email about Your orders or queries relating thereto.

However, We do not collect any credit/debit card details or other payment information which is entered by You on a secured platform at the time of making the payment. We neither collect nor have access to Your Account password which is protected by a secured platform.

Use of cookies

Cookies are pieces of information saved by Your browser onto Your computer. Cookies are used to record various aspects of Your visit such as page flows, promotional campaign effectiveness, interest in collections, etc. We do not use cookies to save any Personal Information for outside use. Cookies can also help Us understand and provide information that is more targeted to Your interest. Most cookies are usually session cookies, which means that they are automatically deleted from Your storage drive at the end of each session. You are free to decline Our cookies if Your browser permits that feature. In that case, You might not be able to use some features on the Website and might be required to re-enter Your password frequently during each session.

We use Google Analytics to understand Our Website usage including geographic locations, user behavior, demographics and other information that can help Us identify user trends. Google Analytics is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of the Website, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. More information on Google’s Privacy Policy can be found here – (https://www.google.com/intl/en/policies/privacy/). Users who do not want their data collected with Google Analytics can install the Google Analytics opt-out browser add-on.

Use of collected information

The Company owns all the information collected via the Website or applications installed on the Website. Information collected by the Website may be used to deliver Your product and services, process payments, communicate with You about Your order, Website related use, products, services, promotional offers, update Our records, generally maintain Your account with Us, display content such as wish lists and customer review and recommend merchandise and services that might be of interest to You.

We also use this information to monitor trends improve performance of Our platform, prevent or detect fraud or abuses of Our Website, to evaluate total number of visitors to the Website and to know the geographical locations of the users and overall provide You with a better shopping experience. This includes sending You emails regarding different offers or new promotions on the Website. You can choose to unsubscribe from such emails by clicking on ‘Unsubscribe’ on any marketing email You receive.

Sharing of information

We may share Your personal information with other corporate entities. These entities may market to You as a result of such sharing unless You explicitly opt-out.

Some of Your personal information may be shared with and used by third parties, such as payment gateways, delivery partners, vendors etc., who may need access to certain information to allow them and Us to perform Our duties to process and fulfill Your orders.

We reserve the right to share any of Your personal information to comply with the orders of subpoenas, court orders or other legal process. Your personal information may be disclosed pursuant to such subpoenas, court order or legal process, which shall be without notice to You.

Security Precautions

The Website has stringent security measures in place to protect the loss, misuse, and alteration of the information collected by Us. Whenever You change or access Your account information, We offer the use of a secure server. We adhere to strict security guidelines, protecting Your information against unauthorized access.

While We do not allow any unauthorized persons or organizations to use any information that We may collect through this Website, We are not responsible for any information collected or shared or used by any other website, due to Your computer or browser settings.

Please email Us to hey@modernquests.com if You have any questions regarding Our privacy policy with the caption “Privacy Policy”.