Terms and Conditions

Terms & Conditions

Last Updated: JULY 02, 2021

    • Omnipresent Retail India Pvt Limited (ORIPL) , a company incorporated under Indian Companies Act, 1956 and having registered office at A-27/A, Ist Floor, Hauz Khas New Delhi - 110016 is the registered owner / License of the website Spencers.in dealing in retailing of food and non-food products.

    • This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

    • This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Spencers.in website through computer, tab or mobile or through any electronic aid that support the Website .

    • Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable including the policies which are incorporated, amended from time to time. By use of the Website You shall be contracting with ORIPL and all such terms and conditions including the policies constitute your binding obligations, with ORIPL.

    • For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer thorugh the Website by providing Registration Data while registering on the Website / Mobileapp as Registered User using the computer systems/tab or mobile application. ORIPL allows the User to surf the Website / Mobileapp or making purchases after registering on the Website / Mobileapp. The term "We", "Us", "Our" shall mean ORIPL.

    • When You use any of the services provided by us through the Website / Mobileapp, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, amendments, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove any portions of these Terms of Use, at any time without any prior notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website / Mobileapp following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website / Mobileapp.

Services overview
    • As part of the registration process on the Website / Mobileapp, ORIPL may collect the following details personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, present and permanent address, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

    • Eligibility Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Site. If you are age is less than 18 years they you should not register as member.

License & Site access
    • ORIPL grants you a limited sub-license to access and make personal use of this Website / Mobileapp and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ORIPL. The Website / Mobileapp and its source code is exclusive property of ORIPL. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of ORIPL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of ORIPL and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or ORIPL’s name or trademarks without the express written consent of ORIPL. Any unauthorized use terminates the permission or license granted by ORIPL

Account & Registration Obligations
    • All User/ You/shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the Website / Mobileapp. By agreeing to the terms and conditions, the You/ User /shopper agrees to receive promotional communication upon registration. The customer can opt out by contacting the customer service.

Pricing
    • All the products listed on the Website / Mobileapp will be sold at competitive price . The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. The prices of most of the products do fluctuate on a periodical basis. Prices prevailing at the time of delivery is the final pricing and additional charges will be collected or refunded as the case may be at the time of the delivery of the order. The sale of products listed on the Website/Mobileapp is subject to availability. ORIPL shall not be held liable in case, the product chosen by You cannot be supplied for the reasons beyond ORIPL’s control.

Cancellation by Site / Customer
    • You as a customer can cancel your order at least 2 hours before the start time of your delivery slot, you can simply call our call center & request this change. Refunds will be credited to your ‘My Wallet’ account. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the Website / Mobileapp, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

Return & Refunds
    • We take every measure to safeguard health, safety and wellbeing of our customers and employees during these Covid 19 times and we temporarily suspend the return policy and NO returns will be accepted.  In case of any returns due to damage or otherwise, the same may be verified at the time of delivery and return it to the delivery person and not afterwards.

You Agree and Confirm
    • That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by ORIPL for redelivery shall be claimed from you.

    • That you will use the services provided by the ORIPL, Stores/Website / Mobileapp, its affiliates, consultants and contracted companies, are for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.

    • You will provide authentic and true information in all instances where such information is requested of you. ORIPL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated Website / Mobileapps without prior intimation whatsoever.

    • That you are accessing the services available on this Website / Mobileapp and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

    • That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

    • That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

You may not use the Website / Mobileapp for any of the following purposes:

      • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

      • Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

      • Gaining unauthorized access to other computer systems.

      • Interfering with any other person's use or enjoyment of the Website / Mobileapp/.

      • Breaching any applicable laws;

    • Interfering or disrupting networks or web Website / Mobileapp/ connected to the Website / Mobileapp Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Products
    • We have made every effort to display the products that appear on the Website / Mobileapp/ as accurately as possible. However, as the actual image you see will depend on your monitor/gadget screen, we cannot guarantee that your gadget’s display of any colour will be accurate.

Modification of Terms & Conditions of Service
    • ORIPL may at any time modify the Terms & Conditions of Use of the Website / Mobileapp without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website / Mobileapp/.

Governing Law and Jurisdiction
    • This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Kolkata shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by ORIPL and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Kolkata. The High Court of judicature at Kolkata alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions
    • All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Website / Mobileapp or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of ORIPL.

    • Such disclosure, submission or offer of any Comments shall constitute an assignment to ORIPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, ORIPL owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.

    • ORIPL will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. ORIPL is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website / Mobileapp will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website / Mobileapp will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

    • ORIPL does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website / Mobileapp. You grant ORIPL the right to use the name that you submit in connection with any Comments.

    • You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify ORIPL and its affiliates for all claims resulting from any Comments you submit. ORIPL and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark
    • ORIPL, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website / Mobileapp Access to this Website / Mobileapp does not confer and shall not be considered as conferring upon anyone any license under any of ORIPL or any third party's intellectual property rights.

    • All rights, including copyright, in this Website / Mobileapp are owned by or licensed to ORIPL. Any use of this Website / Mobileapp or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of ORIPL.

    • You may not modify, distribute or re-post anything on this Website / Mobileapp for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of ORIPL, its affiliates, its partners or its suppliers.

    • All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website / Mobileapp. Access to this Website / Mobileapp does not authorize anyone to use any name, logo or mark in any manner. References on this Website / Mobileapp to any names, marks, products or services of third parties or hypertext links to third party Website / Mobileapp or information are provided solely as a convenience to you and do not in any way constitute or imply ORIPL endorsement, sponsorship or recommendation of the third party, information, product or service. ORIPL is not responsible for the content of any third party Website / Mobileapp and does not make any representations regarding the content or accuracy of material on such Website / Mobileapp.

    • If you decide to link to any such third party Website / Mobileapp, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website / Mobileapp (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website / Mobileapp for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website / Mobileapp or any related software.

    • All software used on this Website / Mobileapp is the property of ORIPLor its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website / Mobileapp/ may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website / Mobileapp/ is strictly prohibited.

    • Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by ORIPL, one of its affiliates or by third parties who have licensed their materials to ORIPL and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website / Mobileapp is the exclusive property of ORIPL and is also protected by Indian and international copyright laws.

Objectionable Material
    • You understand that by using this Website / Mobileapp/ or any services provided on the Website / Mobileapp/, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website / Mobileapp/ and any service at your sole risk and that to the fullest extent permitted under applicable law, ORIPL and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Warranties and Liabilities
    • ORIPL shall make no representation with regard to quality, colour, specifications, image, performance, material, ingredients etc. ORIPL’s endeavours to make available the products ‘as is’ where basis. The liability of PRIPL is limited to the extent of displaying.

Indemnity
    • You agree to defend, indemnify and hold harmless ORIPL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to ORIPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination
    • This User Agreement is effective unless and until terminated by either you or ORIPL. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website / Mobileapp/. ORIPL may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website / Mobileapp/, Such termination will be without any liability to ORIPL. Upon any termination of the User Agreement by either you or ORIPL, you must promptly destroy all materials downloaded or otherwise obtained from this Website / Mobileapp, as well as all copies of such materials, whether made under the User Agreement or otherwise. ORIPL's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website / Mobileapp or affect any liability that may have arisen under the User Agreement.

Coupon Usage - Terms & Conditions
  • No two offers can be clubbed together

  • Coupon discount will be only to the maximum amount mentioned in the coupon

  • Coupon discount is not applicable to Promotional Items and the value of coupon discount will reduce by proportionate sale amount of Promotional Items

Terms and Conditions Cashback
  • Cashback will be issued based on purchase of Specific SKUs from 23rd – 27th January 2021

  • No limit on Amount on Cashback to be issued in a bill

  • No Minimum Bill Value Purchase for issuance of Cash Back

  • Redemption Max 10% of the Bill Value

  • Redemption from 28th January to 26th February 2021

  • Following items excluded in Redemption

    • Oil
    • Baby Food
    • Liquor
    • Gift Card
    • Dairy
    • EnE
  • Instant Cashback credit subject to network connection at store & Max time limit of CB credit to customer account is 72 hours.

  • No Wallet download is needed for Issuance or Redemption of Cashback

  • Issuance and Redemption can happen by giving Mobile Number is POS

  • Same mobile number to be given for issuance and redemption

  • Customer can check their balance by logging in to “wallet.spencersretail.com/welcome”

  • Online Issuance of Cashback can be done at Backend post-delivery within 72 hours

  • Online Redemption will be automatic

  • In case of Full Refund in online Cashback will be credited back to Wallet Automatically

  • In Case of Partial Refund in Online manually refund will be done from Backend within 72 hours



SBI CASHBACK OFFER

  • This Marketing Program (“Program”) is offered by SBI Card & Payment Services Ltd. (“SBICPSL”) under an arrangement with SPENCER’S RETAIL LIMITED (“ Spencer’s”). It is open to all legal residents of India holding a valid and current SBI/Tata Credit Card (“Cardholder”) and to whom a communication is sent by SBICPSL and/or Spencer’s.

  • The Validity of the Program (“Term”) is on the following dates unless extended by SBICPSL and Spencer’s by mutual consent in writing for a further period “additional term” : 1st June to 15th June 2021
     
  • All SBI/Tata Credit Cardholders excluding SBI/Tata Corporate Credit Card & Paytm SBI Credit Card with no payment outstanding of more than 30 days are covered under this Program.

  • Delinquent SBI/Tata credit card members will not qualify for this Offer.
  • In case of full cancellation/return of your order, the transaction will not qualify for the Offer under this program. If you cancel a part of your order, you will qualify for the Offer only on the net amount you pay on the basis of eligibility.
  • Cashback for eligible transactions would be posted on the 29th August 2021
  • Under this Program, the cardholder can avail:
a. 5% cashback 
b. Minimum transaction Amount: Rs 2000
c. Maximum cashback to be availed : Rs 500 per card account
d. Offer applicable only at www.spencers.in & Spencer’s mobile app (when payment is made online)
e. Cashback to be capped for transactions made across the website & app
  • Other Terms and Conditions:

  • 1. The above Offer is by way of a special offer for SBI/Tata Credit Cardholders only excluding SBI/Tata Corporate Credit Cardholders & SBI Paytm Credit Card and nothing contained herein shall prejudice or affect the terms and conditions of the card member agreement between SBI and their Clients. The terms of the above Program shall be in addition to and not in derogation of the terms contained in the card member agreement.

  • 2. The cashback will be credited in the eligible Cardholder's account by SBICPSL on 29.08.2021. Cashback will be posted only for those transactions where Merchant ID/Terminal ID is available with SBI Card. For transactions where Merchant ID/Terminal ID is not available with SBI Card (has not been provided by partner/merchant), cashback posting will be done within 7 days of receiving the cardholder request.

  • 3. Any query regarding the program will be entertained only till 29.09.2021. Post such date, SBICPSL & Spencer’s will not entertain any correspondence or communication in any manner whatsoever regarding this Program from any persons.

  • 4. SBICPSL does not endorse any of the products or brands being offered under the Program and will not accept any direct liability pertaining to the quality, merchantability, fitness, delivery or after sales service of such products which shall be at the sole liability to Spencer’s.

  • 5. All the existing offers, gifts, discounts etc. that are being offered can be availed by the Cardholders as part of this exclusive offer as mentioned in this communication.

  • 6. Pictures of products shown in the communication sent to the customer either through mailers or advertised on the website, are representative only and may not bear a resemblance to the actual products. None of the parties shall under any circumstances be responsible towards the same.


  • 7. Products offered under this program are subject to availability from the respective participating merchants/sellers of Spencer’s and accordingly SBICPSL in no circumstances shall be liable for non-availability of any of the products.

  • 8. Under no circumstances will the offer being offered under this Program be settled with cash in lieu by SBICPSL or by Spencer’s.

  • 9. Returned transactions, disputed or unauthorized/fraudulent transactions will not be considered for the Offer.

  • 10. SBICPSL will not entertain any correspondence regarding the validity or acceptability of any additional benefits offered by Spencer’s on products/services made available by it and the same shall be at the sole risk and consequences of Spencer’s and without reference to SBICPSL.

  • 11. All government Levies like Sales Tax, TDS, any Local Tax, Octroi etc., shall be payable by the Cardholder as applicable at the time the respective Programs were offered.

  • 12. This Offer shall be subject to all applicable laws, rules and regulations which are in existence and which may be promulgated anytime by any statutory authority.

  • 13. SBICPSL reserves the right to disqualify the Cardholder(s) from the benefits of the Offer, if any fraudulent activity is identified as being carried out for the purpose of availing the benefits under the said Offer or otherwise by use of the Card subject to intimation to Spencer’s of such disqualification.

  • 14. Any person availing this Offer shall be deemed to have accepted these terms and conditions.

  • 15. SBICPSL and Spencer’s reserve the right, at any time, without prior notice and without assigning any reason whatsoever, to add/alter/modify/change or vary all of these terms and conditions or to replace, wholly or in part, this offer by another offer, whether similar to this Offer or not, or to extend or withdraw it altogether.

  • 16. Delinquent SBI/Tata credit card & Paytm SBI Credit card members will not qualify for this Offer.

  • 17. Cardholders are not bound in any way to participate in this Offer. Any participation is voluntary and the Offer is being made purely on a best effort basis.

  • 18. Nothing herein amounts to a commitment by SBICPSL to conduct further, similar or other offers.

  • 19. Any disputes arising out of the Offer between SBICPSL and Cardholder shall be subject to arbitration by a sole arbitrator to be appointed by SBICPSL for this purpose. The proceedings of the arbitration shall be conducted as per the provisions of Arbitration and Conciliation Act, 1996 and amendment thereof. The place of arbitration shall be at New Delhi, India and language of arbitration shall be English. The existence of a dispute, if any, shall not constitute a claim against SBICPSL or Spencer’s or any of its affiliates.


    Cashback Terms And Conditions


    1.      Cashback will be issued based on satisfying the condition for all stores Bill Value = Rs2,999 and above. Issual exception is on Liquor Products

    2.      No limit on Amount on Cashback to be issued in a bill (condition basis 15% of the overall bill value)

    3.      Issual Dates are 1 2nd July till 4th July 2021  and Issuance is for all the channels Offline / Online / PD all 3.

    4.      Minimum Bill Value Rs2999 for all the store formats for issuance of Cash Back (excluding Liquor)

    5.      Redemption Max 10% of the Bill Value

    6.      Redemption from 16th JULY till 31st JULY 2021  

    7.      Following Category is excluded from Redemption:

    • Oil
    • Baby Food
    • Liquor
    • Gift Card
    • Sugar
    • Dairy
    • EnE

    1.      Instant Cashback credit subject to network connection at store & Max time limit of CB credit to customer account is  3-4 working days  

    2.      No Wallet download is needed for Issuance or Redemption of Cashback

    3.      Issuance and Redemption can happen by giving Mobile Number is POS

    4.      Same mobile number to be given for issuance and redemption

    5.      Customer can check their balance by logging in to “wallet.spencersretail.com/welcome

    6.      Online Issuance of Cashback can be done at Backend within 3-4 working days of successful delivery  

    7.      Online Redemption will be automatic and will also support PD Redemptions

    8.      In case of Full Refund in online Cashback will be credited back to Wallet Automatically

    9.      In Case of Partial Refund in Online manually refund will be done from Backend within 3-4 working days of successful delivery