Refund policy

Refund, Replacement and Cancellation Policy

This Refund, Replacement and Cancellation Policy (“Policy”) governs the cancellation of orders, replacement of products and processing of refunds for products purchased through www.the1970shop.com (“Website”), owned and operated by MCMLXX Shop Private Limited, trading as "The 1970 Shop" (“Company”, “we”, “our” or “us”). This Policy forms an integral part of the Company's Terms and Conditions and should be read in conjunction with the Privacy Policy, Shipping Policy and all other policies available on the Website. By placing an order through the Website, you acknowledge that you have read, understood and agreed to be bound by this Policy.

1. Nature of Products

The Company deals exclusively in packaged food products, confectionery, snacks and other consumable goods intended for human consumption. Owing to the nature of such products and the hygiene and food safety standards applicable thereto, all products sold through the Website are subject to strict quality control measures before dispatch. In the interest of consumer health and safety, products once delivered cannot ordinarily be accepted back for return or resale.

2. General Policy

The Company endeavours to ensure that every order delivered to its customers is accurate, fresh, hygienically packed and free from manufacturing defects. Customers are requested to carefully inspect the products immediately upon delivery for any visible damage, tampering, leakage, incorrect items or other discrepancies.

Except as specifically provided under this Policy or where required under applicable law, products purchased from the Website shall not be eligible for return merely because the customer no longer requires the product, has placed an order by mistake, dislikes the taste, flavour, texture or appearance of the product, or changes their mind after delivery.

3. Eligibility for Replacement or Refund

A request for replacement or refund shall be considered only where the Company is satisfied that:

(a) the product delivered is materially different from the product ordered;

(b) the product has been damaged during transit;

(c) the packaging has been received in a broken, leaking, tampered or otherwise compromised condition;

(d) the product delivered has expired at the time of delivery;

(e) the product delivered has a remaining shelf life of less than thirty percent (30%) of its total shelf life, or less than forty-five (45) days to expiry, whichever is less, at the time of delivery, contrary to the minimum shelf-life norms prescribed by FSSAI for e-commerce food deliveries

(f) the product suffers from a manufacturing defect rendering it unfit for consumption;

(g) the order delivered is incomplete due to an omission attributable to the Company; or

(h) any other circumstance exists which, in the reasonable opinion of the Company, justifies a replacement or refund under applicable law.

The Company reserves the right to verify all such claims before approving any replacement or refund.

4. Time for Reporting

Any claim for replacement or refund must be communicated to the Company's Customer Support within forty-eight (48) hours from the date and time of delivery.

Failure to notify the Company within the aforesaid period may result in rejection of the claim unless the delay is attributable to circumstances beyond the customer's reasonable control or where applicable law requires otherwise.

This reporting period shall not restrict any statutory right or remedy available to a consumer under applicable law, including in respect of latent defects, unsafe or expired products, or other issues that could not reasonably have been discovered within that period.

5. Verification of Claims

In order to facilitate verification of a claim, the Company may require the customer to furnish reasonable documentary evidence, including photographs or videos of the product, the outer packaging, shipping label, batch number, manufacturing details, expiry or best-before date, invoice and any other information reasonably necessary to investigate the complaint.

The Company reserves the right to seek additional information or conduct such verification as may be necessary before processing any request under this Policy.

6. Replacement

Where the Company determines that the customer's claim is genuine, it may, at its sole discretion and subject to product availability, replace the defective, damaged or incorrect product with the same product or another product of equivalent value.

If the original product is unavailable, the Company may offer a comparable substitute, store credit or a refund, as may be appropriate in the circumstances.

7. Refunds

Where replacement is not feasible or considered appropriate by the Company, an eligible customer shall be entitled to receive a refund of the amount actually paid for the affected product.

Refunds shall ordinarily be processed through the original mode of payment used for placing the order. Where refund through the original payment method is not possible due to banking restrictions or operational reasons, the Company may process the refund through any other lawful mode or issue store credit of an equivalent value.

The Company shall endeavour to process approved refunds within seven (7) to ten (10) business days from the date of approval. However, the actual credit of funds shall depend upon the timelines of the respective bank, card issuer, UPI provider or payment gateway, over which the Company has no control.

8. Shipping Charges

Shipping or delivery charges shall ordinarily not be refundable. However, where a refund arises solely due to an error attributable to the Company, including delivery of an incorrect product, delivery of a damaged product, delivery of an expired product or cancellation initiated by the Company after acceptance of payment, the Company may also refund the shipping charges paid by the customer.

9. Order Cancellation

Customers may cancel an order without any charge only until the order has been accepted for processing or dispatched from the Company's warehouse. Once an order has entered the processing or dispatch stage, cancellation may no longer be possible due to the perishable and consumable nature of the products.

No cancellation charges shall be levied on the customer for any cancellation permitted under this Policy, except where an equivalent charge would be borne by the Company in the event it cancels the order unilaterally.

The Company reserves the right to cancel any order at any time before delivery in circumstances including, but not limited to, product unavailability, pricing errors, technical issues, suspected fraudulent transactions, payment verification failures, force majeure events, legal or regulatory restrictions or any other circumstance beyond the Company's reasonable control. In such cases, the customer shall be refunded the amount paid for the cancelled order.

10. Quality and Storage Responsibility

The Company takes reasonable care to ensure that products are packed, stored and transported in accordance with applicable food safety standards until delivery.

Upon successful delivery of the order, responsibility for proper storage and handling of the products shall pass to the customer. The Company shall not be responsible for any deterioration in the quality, freshness, safety or shelf life of any product arising due to improper storage, mishandling, exposure to heat, moisture, contamination or any other circumstances occurring after delivery.

11. Product Information and Allergies

All product labels, including declarations of Maximum Retail Price, net quantity, ingredients, allergens and date markings, shall conform to the Legal Metrology (Packaged Commodities) Rules, 2011 and the Food Safety and Standards (Labelling and Display) Regulations, 2020, as amended.

The Company endeavours to accurately display product descriptions, ingredients, nutritional information, allergen declarations, storage instructions and expiry or best-before details as provided by the respective manufacturers.

Customers are advised to carefully review such information before placing an order. The Company shall not be responsible for any allergic reactions, dietary incompatibilities or medical consequences resulting from the consumption of products where the relevant information has been adequately disclosed on the Website or the product packaging.

12. Fraud Prevention

The Company reserves the right to reject any claim which appears to be fraudulent, malicious, repetitive or otherwise inconsistent with this Policy. The Company may refuse refunds or replacements where it reasonably believes that false claims have been made or where there is evidence of misuse of the refund process.

Nothing contained in this Policy shall prejudice the Company's right to initiate appropriate legal proceedings against any person engaging in fraudulent activities.

13. Limitation of Liability

To the maximum extent permitted under applicable law, the Company's liability under this Policy shall be limited to the actual purchase price paid by the customer for the affected product.

The Company shall not be liable for any indirect, incidental, consequential, exemplary or special damages arising from the purchase, consumption or use of any product purchased through the Website, except where such liability cannot be excluded under applicable law.

Nothing contained herein shall restrict or limit any statutory rights available to consumers under the Consumer Protection Act, 2019 or any other applicable law.

14. Force Majeure

The Company shall not be liable for any delay or failure in processing cancellations, refunds or replacements caused by events beyond its reasonable control, including natural disasters, floods, fire, epidemics, pandemics, strikes, transportation disruptions, governmental actions, cyber incidents, system failures or other force majeure events.

15. Amendments

The Company reserves the right to modify, amend or update this Policy from time to time in order to reflect changes in business practices, operational requirements or applicable laws. Any revised version of this Policy shall become effective immediately upon its publication on the Website unless otherwise stated.

16. Governing Law and Jurisdiction

This Policy shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to this Policy shall be subject to the exclusive jurisdiction of the competent courts at New Delhi, India.

17. Contact Us

For any queries, complaints or requests relating to this Policy, customers may contact:

The 1970 Shop — A Unit of MCMLXX Shop Private Limited

Customer Support: postbox@the1970shop.com

Telephone: +91 92207 81177

Registered Office: Sd-268, Pitam Pura, Delhi, North West Delhi, Delhi, 110088, India

18. Grievance Redressal Officer

In accordance with Rules 4(4) and 4(5) of the Consumer Protection (E-Commerce) Rules, 2020, the Company has appointed the following Grievance Officer to address consumer grievances:

Name: ________

Designation: Grievance Officer

Email: ________

Telephone: ________

Address: ________

The Grievance Officer shall acknowledge receipt of every consumer complaint within forty-eight (48) hours and redress the complaint within one (1) month from the date of receipt. The complainant shall also be provided with a copy of the complaint as recorded by the Grievance Officer.

Consumers may also approach the National Consumer Helpline at 1915 or through consumerhelpline.gov.in, or seek remedies before the competent consumer dispute redressal forum, as applicable.