Any Capitalized terms used but not defined herein shall have the meaning assigned to them under the Terms of Use which govern your use of our website fooza.in (the "Website") and our 'Fooza' application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform".

Customer Cancellation

As a general rule Customer shall not be entitled to cancel the Order once placed. The Customer may choose to cancel an Order only within one minute of the Order being placed. However, subject to the Customer's previous cancellation history, Fooza reserves the right to deny any refund to Customer pursuant to a cancellation initiated by Customer even if the same is within one minute followed by suspension of account, as may be necessary at the sole discretion of Fooza. 

If Customer cancels his/her Order after one minute of placing it, Fooza shall have a right to collect a penalty of 100% of the Order amount for breach of contract terms as compensation for the damages suffered by Fooza, with a right to either not to refund the Order value in case Customer's Order is prepaid or recover from the Customer's subsequent Order in case his/her Order is postpaid, to compensate the Merchants and PDPs.

Non-Customer Cancellation

Fooza reserves the right to collect a penalty for the Orders constrained to be cancelled by Fooza for reasons not attributable to Fooza, including but not limited to:

1. in the event if the address provided by the Customer is either wrong or falls outside the delivery zone;
2. failure to contact Customer by phone or email at the time of delivering the Order booking;
3. failure to deliver Customer Order due to lack of information, direction or authorization from Customer at the time of delivery; or
4. unavailability of all the items ordered by Customer at the time of booking the Order; or
5. unavailability of all the items ordered by Customer at the time of booking the Order. However, in the unlikely event of an item in an Order being unavailable, Fooza will contact the Customer on the phone number provided to us at the time of placing the Order and inform the Customer of such unavailability. In such an event, the Customer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount up to 100% of the Order value.

In case of cancellations for the reasons attributable to Fooza or the Merchant or PDP, Fooza shall not collect any penalty from the Customer.

Cancellation policy for Fooza Stores

The Orders placed by Customers using the Platform are non-cancellable and non-refundable except if a refund is requested under the following conditions –

1. If the Order could not be delivered within 2 (Two) hours;
2. If the Merchant doesn't accept or cancels the Order due to reasons not attributable to Customer, including but not limited to store being closed, non-availability of items, the store cannot service online orders at that moment, or the store is overcrowded, etc.
3. If Fooza cancels the Order due to reasons not attributable to Customer, including but not limited to non-availability of PDP, etc.
4. Fooza reserves the right to look into the cancellation request of the Customer and determine if such cancellation request falls under the conditions mentioned above. If Fooza is satisfied that the request and same fulfils any of the aforementioned conditions, then Fooza shall process the cancellation request and refund amounts to the Customer.

Refunds

The Customer may be entitled to a refund for prepaid Orders. Fooza retains the right to retain the penalty payable by the Customer in Section I(b) from the amount refundable to him/her. The Customer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Customer refuses to accept at the time of delivery for the said reason;

Customer may be entitled to a refund up to 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or Fooza, however, such refunds will be assessed on a case to case basis by Fooza.

Our decision on refunds shall be final and binding.

All refund amounts shall be credited to Customer's account as may be stipulated as per the payment mechanism of Customer's choice, the estimated timelines are detailed as below, in case Customer doesn't choose to credit it to Customer's wallet with his/her Fooza Account;

• In case of payment at the time of delivery, the Customer will not be required to pay for:

1. Orders where packaging is either tampered or damaged at the time of delivery;
2. Wrong Order being delivered; or
3. Items missing from Customer's Order at the time of delivery.

Provided the same is communicated to Fooza Customer Care through the Platform before the Order is marked delivered.

1. Specific Terms with respect to Use of Platform for purchase of alcoholic beverages
1. Cancellation: As a general rule the Customer shall not be entitled to cancel his/her Order once placed. If the Customer cancels his/her Order, Fooza shall have a right to collect the Customer 100% of the Order amount as the cancellation fee, with a right to either not to refund the Order value in case the Customer's Order is prepaid or recover from the Customer's subsequent Order(s) in case Customer's Order is postpaid, to compensate the Merchants and PDPs.

1. Non-Customer Cancellation: Fooza reserves the right to collect the Customer cancellation fee for the Orders constrained to be cancelled by Fooza for reasons not attributable to Fooza or Merchant, including but not limited to:

• in the event, if the address provided by the Customer is either wrong or falls outside the Fooza's delivery zone;

• failure to contact the Customer by phone or email at the time of delivering the Order;

• failure to deliver the Customer's Order due to lack of information, direction or authorization from the Customer at the time of delivery; or

• the Customer's failure to provide a valid OTP to the PDP for receiving delivery

1. Refunds: The Customer may be entitled to a refund for prepaid Orders, post deduction of a cancellation fee, if any for reasons mentioned above or in a manner as deemed fit by Fooza at its sole discretion, if a refund has been requested due to the following reasons:

• If the Order could not be delivered within 2 hours;

 • If the Merchant cancels the Order due to reasons not attributable to the Customer, including but not limited to store being closed, non-availability of items, store not servicing online Orders, overcrowding at the store, etc.;

 • If Fooza cancels the Order due to reasons not attributable to the Customer, including but not limited to non-availability of PDPs, etc.

The Customer may be entitled to refund due to the aforesaid reasons up to 100% of the Order value depending upon the nature of the issue. Fooza reserves the right to consider the cancellation and refund request and determine if such cancellation and refund request satisfy any of the aforesaid conditions, in which case Fooza shall process the cancellation request and refund to the Customer.

Important Note 1: The Customer shall verify his/her Order and the products before providing OTP to the PDP and any issue with respect to the product or Customer's Order shall be notified immediately, and cancellation request shall be placed before providing OTP to the PDP. Once OTP is provided to the PDP, it shall be deemed that the Customer has accepted delivery of his/her Order and once he/she has accepted delivery, the Customer cannot cancel the Order and/or claim a refund.

Important Note 2: In case of the complaint of any spurious product, the liability shall solely lie with the Merchant selling the product. Fooza is merely facilitating the transactions between the Merchant and the Customer and therefore, Fooza shall assume no liability with respect to the products sold by the Merchant. Fooza strictly discourages dealing of any spurious product on its Platform and shall reserve the right to report such incidents to the concerned authorities for appropriate legal actions.

Important Note 3: No claim for refunds and cancellations will be entertained after 12 hours of placing the Order.