Terms and Conditions

Effective Date: May 20, 2024

Welcome to Namkeen Queens! These Terms and Conditions (the “Terms”) govern your use of the Namkeen Queens website, www.namkeenqueens.com (the “Site”), the purchase and sale of products and services through the Site, and any features, content, products, and other services (collectively, the “Services”). These Terms, together with our Privacy Policy and any additional terms or policies referenced herein, form a legally binding agreement between you and Namkeen Queens (referred to as “us”, “we”, or “our” as the context may require). Please carefully read and understand these Terms before accessing, using, or placing an order on the Site or using the Services, as these Terms contain important information regarding your rights and obligations, as well as any conditions, limitations, and exclusions that may apply to you.  

BY ACCESSING OR USING THE SITE AND/OR BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE. 

USE OF THE SITE

  1. General Conditions. You may use the Site only for your own personal, lawful, non-commercial use and in compliance with these Terms. This Site (including any portion thereof) may not be reproduced, duplicated, sold, resold, or otherwise exploited without our express written consent. Any unauthorized use of the Site or violation of these Terms may subject you to civil and/or criminal liability.
  2. Accuracy, Completeness, and Timeliness of Information. From time to time, we may restrict access to all or some of the Site.  We undertake no obligation to update, amend, or clarify information on the Site, and we are not responsible if the information made available on the Site is not accurate, complete, or current. We expressly disclaim any and all representations or warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of any information on the Site. Please remember when reviewing information on the Site that such information is provided for general information only and may not represent the complete information available on a subject and should not be relied upon or used as the sole basis for making decisions.  Any reliance on the material on the Site is at your own risk.
  3. Changes to the Terms or Site. These Terms and the Site are subject to change by Namkeen Queens without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Effective Date” referenced on the Site. You should review these Terms prior to purchasing any product or Services that are available through this Site. Your continued use of this Site after the “Effective Date” will constitute your acceptance of and agreement to such changes.
  4. Prohibited Uses.You agree not to use the Site, the products, or the Services in any way that violates any applicable federal, state, local, or international law or regulation.  Further, you are prohibited from using the Site and its content: (i) to infringe upon or violate the rights of Namkeen Queens or the rights of any other person or entity, including intellectual property rights; (ii) to transmit or engage in conduct that could be considered libelous, defamatory, obscene, discriminatory, offensive, harmful, harassing, threatening, or abusive; (iii) to submit false or misleading information; (iv) to upload or transmit malicious or unauthorized code, viruses, bots, or other harmful materials in a way that may interrupt or affect the functionality or operation of the Site; (v) to create a competitive service, solicit goods or services, or use the Site for any commercial purpose; or (vi) to interfere with or violate any security features of the Site.
  5. Privacy Policy. Your privacy is important to us.  For information on how your personal information is used and governed, please see our Privacy Policy.  

PURCHASING PRODUCTS

  1. Order Acceptance. You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We reserve the right to refuse services to anyone for any reason at any time. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
  2. Products for Personal Use Only. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
  3. Product Availability. We reserve the right to modify or discontinue any products or Services without notice at any time and will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of a product or Service.  We may limit the quantities of any product that is offered. All descriptions of products are subject to change. We do not guarantee that a product will match its description or image displayed on the Site exactly. We do not make any warranties as to the quality of any products, services, information, or other material purchased or obtained by you through the Site and do not guarantee that the products, services, information, or other material will meet your expectations. 
  4. Prices. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  5. Promotions. We may offer promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.  We reserve the right to revise, suspend, or terminate promotions at any time and without notice.  
  6. Payment Terms. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit cards and debit cards issued from Visa, MasterCard, and American Express, as well as Apple Pay, Google Pay, and PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) you are responsible for any credit card fees, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 
  7. Shipping Policies. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  8. Refunds. As our products are food products, we do not accept returns. However, we strive for customer satisfaction and will process refunds for products that are damaged or unsatisfactory. To obtain a refund, please email support@namkeenqueens.com within two (2) days of receipt of the products with: (i) your order number; and (ii) an image or description of the damaged product, or description of why the product is unsatisfactory. Once your refund request has been approved, we will process your refund. Your refund will be credited back to the same payment method used to make the original purchase on the Site.  It may take several days to see the refund credited to your account, depending on your financial institution.  

SUBSCRIPTIONS.

  1. Automatic Renewal Subscription. If you visit the Site to purchase a product, you may see an option of purchasing a subscription to receive delicious snacks every month.  If you purchase a subscription, we will deliver snacks to you on a recurring basis, based on the frequency rate that you choose (e.g., 1, 2, or 3 months). By signing up for a subscription, you acknowledge and agree that your subscription will automatically renew and that your order will automatically be processed and shipped on a recurring basis as selected until you cancel. If you do not cancel, your subscription will automatically renew at the then-current rate and will automatically be billed to the credit card or method of payment used when you purchased the subscription. You accept responsibility for all recurring charges prior to cancellation. 
  2. Cancellation Procedure. If you wish to cancel your subscription, you may do so at any time, however, you must cancel your subscription twenty-four (24) hours prior to your renewal date.  To cancel your subscription, simply email us at support@namkeenqueens.com. If you have subscribed to multiple products, please indicate which subscription you would like to cancel.
  3. Changes to Prices or Products. We reserve the right to adjust pricing to subscriptions in our sole discretion during the term of your subscription. Product availability may change during the duration of your subscription. We will provide you notice of any price or product change, and such changes will take effect following notice to you. 

CONTENT ON THE SITE

  1. Website Content. The Site contains copyrighted material, trademarks, and other proprietary information, including text, photos, graphics, and other similar content owned or licensed to Namkeen Queens. The entire contents of the Site are copyrighted as a collective work under United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Without limiting the generality of the foregoing, the Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. All trademarks appearing on the Site are the exclusive property of their respective owners, including Namkeen Queens and/or its affiliated companies.
  2. User Submissions. You may provide Namkeen Queens with submissions, suggestions, ideas, questions, comments, or feedback (collectively, “Feedback”) from time to time regarding the Site and Namkeen Queens welcomes any such Feedback. By providing any such Feedback, you represent and warrant that the Feedback does not infringe or violate the intellectual property rights of any third party and that you have all rights necessary to share such Feedback and enable Namkeen Queens to use the Feedback.  You grant Namkeen Queens a non-exclusive, royalty-free, and transferable right and license to reproduce, adopt, publish, transmit, distribute, or use the Feedback, however, Namkeen Queens is under no obligation to use Feedback or pay any compensation for Feedback.

THIRD-PARTY RESOURCES

  1. Third-Party Links. If the Site contains links to other sites, materials, and/or resources provided by third parties (“Third-Party Links”), such Third-Party Links are provided for convenience purposes only. Third-Party Links may direct you to websites that we have no control over and are not affiliated with us. We have not reviewed all Third-Party Links and are not responsible for examining or evaluating the content or accuracy of such Third-Party Links. We do not warrant and do not have liability for any Third-Party Links, including any content, products, materials, or services contained within. If you decide to access Third-Party Links, you do this entirely at your own risk.   
  2. Social Media Platforms. If we provide links to social media platforms, such as Facebook or Instagram, and you choose to visit those websites through our links, please note that any personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control content posted by third parties on social media pages and are not responsible for any third-party use of any content or information you may post, transmit, or otherwise make available there.
  3. Third-Party Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  

DISCLAIMER OF WARRANTIES.

We do not provide any warranties with respect to the products or services offered on our Site. 

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  WE DO NOT REPRESENT OR WARRANT AND EXPRESSLY DISCLAIM THAT ALL OR ANY PART OF THE SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, PERFORM AS DESCRIBED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS VIRUS-FREE, OR FREE FROM HARMFUL COMPONENTS.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITIES.

IN NO EVENT SHALL NAMKEEN QUEENS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, SUPPLIERS, AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE OR THE MAXIMUM AMOUNT PERMITTED BY LAW.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Namkeen Queens its affiliates, and their respective directors, officers, employees, members, managers, licensors, contractors, parent companies, subsidiaries, and agents (the “Indemnified Parties”) from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, attorneys’ fees and costs, (individually, a “Claim” and collectively, “Claims”) arising out of or relating to: (a) your access, use, or misuse of the Site, including, without limitation, your use of the information accessed through the Site; (b) your breach of these Terms of Use; and (c) your violation of any applicable laws or regulations. The Indemnified Parties have the right, at any time, to assume the exclusive defense and control of any Claims, and you agree to cooperate with the Indemnified Parties in any such defense. 

TERMINATION

These Terms will take effect (or shall re-take effect) at any time you submit information to the Site and/or begin accessing or using the Site, whichever is earliest.  If, in our sole discretion, you fail (or we suspect you have failed) to comply with any term or provision of these Terms, we may terminate or suspend your access to the Site at any time without notice to you.  You agree that Namkeen Queens will not be liable to you or any third-party for the consequences of such suspension or termination.  Notwithstanding anything to the contrary herein, the provisions concerning Namkeen Queens proprietary rights, restrictions on use of the Site, feedback and submissions, indemnity, disclaimers of warranty and limitations of liability, waiver, severability, and governing law will survive the termination of these Terms for any reason. 

MISCELLANEOUS

  1. Severability. If any provisions of these Terms are determined to be invalid, void, or unenforceable, the remaining provisions shall not be affected and shall continue in full force and effect. Any such provision that may be found to be unenforceable shall be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
  2. Waiver. No failure or delay on the part of Namkeen Queens to enforce performance of any right or provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any provisions hereof.  
  3. Entire Agreement. These Terms, together with any policies or other terms posted by us on the Site, constitute the entire agreement between you and Namkeen Queens.  These Terms govern your access and use of the Site and supersedes and replaces any prior or contemporaneous agreements, representations, communications, or proposals, whether oral or written, between you and us.  
  4. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New York.
  5. Contact Information. If you have any questions about these Terms, please email us at info@namkeenqueens.com.