Welcome to 369 Food Company.
These Terms and Conditions (“Terms”) govern your access to and use of 369foodcompany.com, including website, associated services, customer accounts, ordering facilities, referral programmes, rewards programmes, communications, content and related services (collectively, the “Platform”).
The Platform is owned and operated by 369 Food Company, a partnership firm constituted under the laws of India, having its principal place of business at D803, Atlantica, Opp gate no 2, Casario, Palava, Nilje, Dombivali East, Dist Thane, Maharashtra 421204, India (“369 Food Company”, “369”, “Company”, “we”, “our” or “us”).
369 Food Company operates and/or markets multiple food brands, including FELIGO and ECSTSY, and may introduce additional brands in the future.
By accessing the Platform, creating an account, placing an order, participating in a referral/rewards programme or otherwise using our services, you agree to these Terms and the applicable Privacy Policy, Shipping Policy, Returns & Cancellations Policy and any programme-specific terms.
If you do not agree, you should not use the relevant services.
Nothing in these Terms limits any statutory right that cannot lawfully be excluded or restricted.
You must be legally competent to enter into a binding contract under applicable law to independently make purchases or enter programmes requiring contractual acceptance.
Where a minor accesses the Platform, purchases or other contractual activities should be undertaken by or with the involvement of a parent or lawful guardian as required by applicable law.
We may implement reasonable age, identity, OTP or other verification measures where appropriate.
Certain features may require an account.
You agree to:
OTP verification of a mobile number does not necessarily establish the legal identity of a user.
You are responsible for activity conducted through your account to the extent permitted by law, except where such activity results from circumstances for which we are legally responsible.
We may temporarily restrict an account where reasonably necessary to investigate suspected fraud, security compromise, policy abuse or unlawful activity.
We endeavour to present product information accurately.
Product pages may contain information including:
The physical product label and legally mandated declarations on the package remain important product information and should be reviewed before consumption.
FSSAI specifically requires claims displayed by e-commerce food businesses to be aligned with information on the physical product label. (FSSAI)
If website information and the physical package differ due to a recently revised formulation, packaging transition or genuine publishing error, please contact us before consumption where the difference relates to ingredients, allergens, dietary suitability or another safety-relevant matter.
We reserve the right to modify recipes, packaging, design, sizes or specifications from time to time, subject to applicable disclosure and labelling requirements.
Food products may contain or be manufactured/handled in facilities that process allergens, as stated on the applicable product label.
Customers with allergies, intolerances, dietary restrictions, medical conditions or other specific dietary requirements should carefully review the product label before consumption and, where appropriate, seek qualified professional advice.
Do not consume a product if the package indicates an ingredient or allergen unsuitable for you.
If you believe a product has an undeclared allergen, damaged seal, contamination or another food-safety issue, do not consume it and contact us promptly.
We endeavour to display products accurately.
However, colours and visual appearance may vary depending on:
Food products may also naturally vary slightly in colour, texture, size, distribution of ingredients and appearance.
Such normal variations do not by themselves constitute a defect, provided the product remains compliant with applicable standards and corresponds materially with what was ordered.
All prices displayed on the Platform are in Indian Rupees (₹), unless expressly stated otherwise.
Prices may include or exclude particular taxes depending upon how they are displayed, but the amount payable and applicable charges will be shown before the order is submitted.
The checkout may separately identify:
We may change prices prospectively.
A price change will not ordinarily alter a confirmed order unless required by law or the transaction is affected by a genuine technical or manifest pricing error.
Despite reasonable controls, a product may occasionally be listed at an obviously incorrect price or with incorrect information because of a typographical, technical, integration or system error.
Where a manifest error has occurred, we may contact you before fulfilment and offer you the choice of proceeding at the correct price or cancelling the affected item/order.
If payment has already been collected and the order is cancelled for this reason, the amount collected for the cancelled item/order will be refunded.
This provision does not limit rights available to consumers under applicable law.
Placing an order constitutes an offer to purchase the selected products.
Receipt of an automated order acknowledgement does not necessarily mean the order has been finally accepted.
Acceptance normally occurs when we confirm the order for fulfilment or dispatch, depending on the transaction flow.
We may decline or cancel an order for legitimate reasons including:
Where we cancel a prepaid order, the applicable refund will be initiated.
Products are subject to availability.
Adding an item to a cart does not reserve inventory.
In rare circumstances, inventory may become unavailable after payment because of simultaneous orders, inventory mismatch, damage or quality-control rejection.
In such cases we may offer a suitable alternative with your consent or refund the affected product.
Payments may be processed through authorised third-party payment service providers.
Available methods may include, depending upon provider availability:
369 Food Company does not intend to store raw card credentials.
Payment processing is also subject to the applicable payment provider's terms.
An order paid online will be treated as successfully paid only after payment is appropriately verified through our payment systems/provider.
COD may be:
We may seek order confirmation before dispatching COD orders.
Repeated unjustified refusal of legitimate COD shipments may result in COD being restricted for that account/address, subject to applicable law.
Promotional codes and discounts:
The conditions displayed with a particular offer form part of that offer.
We may cancel or reverse a benefit obtained through fraud, manipulation, self-referral, duplicate accounts or other abuse, after appropriate review.
369 Food Company may operate referral or loyalty programmes, including the ECSTSY Inner Circle.
Participation is subject to the separate Referral Programme Terms / Inner Circle Terms displayed on the Platform.
Referral rewards are promotional incentives and are not employment, investment, interest, salary, guaranteed income or a multi-level marketing arrangement.
Only direct referral relationships recognised by our system are eligible unless expressly stated otherwise.
Eligibility may depend on matters including:
A displayed “pending” reward is not necessarily payable.
Cancelled, refunded, returned, fraudulent or otherwise ineligible orders may cause the associated reward to be withheld or reversed according to the programme terms.
Prohibited behaviour includes intentional attempts to improperly obtain referral benefits, including:
We may investigate suspicious activity and place affected rewards under review.
Any final decision will be taken reasonably and consistently with applicable law and programme terms.
Shipping is governed by our Shipping Policy, incorporated into these Terms.
Delivery dates displayed by the Platform are generally estimates, unless expressly described as guaranteed.
Delivery may be affected by circumstances outside reasonable operational control.
Returns, replacements, refunds and cancellations are governed by our Returns & Cancellations Policy and applicable law.
Because food is perishable/consumable and food-safety integrity may be affected after delivery, change-of-mind returns may be restricted where legally permissible.
This restriction does not eliminate remedies required by law for products that are defective, damaged, unsafe, materially different from what was ordered, or otherwise legally eligible for redress.
Where customers submit reviews, photographs, videos or other content, they confirm that:
Subject to applicable privacy/consent requirements, you grant 369 Food Company a non-exclusive licence to host and display content submitted for publication on the Platform and related brand channels.
We will not knowingly fabricate customer reviews.
We may moderate content for illegality, abuse, spam, privacy violations or irrelevance, but will not suppress genuine negative reviews merely because they are unfavourable.
Unless otherwise indicated, the Platform and its original content, including:
are owned by, licensed to or lawfully used by 369 Food Company and/or relevant rights holders.
No licence is granted except the limited right to access and use the Platform for its intended purpose.
Commercial copying, scraping, reproduction, modification, republication or unauthorised exploitation is prohibited to the extent permitted by law.
Captain Feligo is a fictional FELIGO brand character.
Stories and communications involving Captain Feligo are intended to promote positive themes such as better food choices, kindness, good habits, responsibility and community values.
They are not medical, nutritional, psychological, educational or professional advice.
You must not:
We may take proportionate protective action where necessary.
The Platform may rely on independent service providers including payment gateways, logistics providers, analytics services, cloud infrastructure, messaging providers and social networks.
Links or integrations do not necessarily constitute endorsement.
Third-party services may have their own terms and privacy practices.
We aim to maintain reliable service but cannot promise uninterrupted availability.
The Platform may temporarily become unavailable because of:
Nothing in these Terms excludes or limits liability where exclusion or limitation is prohibited by applicable law.
Subject to that qualification, to the maximum extent permitted by law, 369 Food Company will not be liable for indirect, incidental, special or consequential losses that were not reasonably foreseeable or were caused solely by circumstances outside our reasonable control.
Nothing in this clause affects mandatory consumer rights or liability that cannot lawfully be excluded, including where applicable liability arising from fraud, wilful misconduct, product safety obligations or other non-excludable statutory duties.
To the extent permitted by law, you agree to indemnify 369 Food Company against third-party claims, losses and reasonable costs arising directly from your unlawful use of the Platform, deliberate fraud, infringement of third-party rights or material breach of these Terms.
This provision does not impose liability on a consumer for matters caused by the Company's own breach or wrongdoing.
To the extent permitted by law, we will not be responsible for delay or failure caused by events beyond reasonable control, including natural disasters, floods, severe weather, epidemics, strikes, civil disturbance, governmental restrictions, transport disruption, telecommunications failure or widespread infrastructure interruption.
We will nevertheless take reasonable steps to mitigate the impact on affected orders.
You consent to receive transactional communications reasonably necessary to provide the services you request, including:
Marketing communications will be handled according to applicable consent requirements and your preferences.
Electronic contracts are recognised under India's Information Technology Act framework; Section 10A addresses contracts formed through electronic means. (India Code)
These Terms are governed by the laws of India.
Subject always to any mandatory consumer jurisdiction or other rights available under applicable law, courts having competent jurisdiction in [THANE/MUMBAI/OTHER JURISDICTION TO BE CONFIRMED BY LAWYER] may have jurisdiction over disputes relating to these Terms.
Nothing in this clause prevents a consumer from approaching a competent consumer commission, regulator or other forum where the law grants such right.
For complaints concerning orders or the Platform:
Grievance Officer: Ms. Kejal J
Designation: Grievance Officer
Email: care@369foodcompany.com
Telephone: 8115534567
Address: D803, Atlantica, Opp gate no 2, Casario, Palava, Nilje, Dombivali East, Dist Thane, Maharashtra 421204
Customer support:
care@369foodcompany.com
The Company will acknowledge and address grievances within the timelines required by applicable law.
We may amend these Terms to reflect changes in:
The current version and effective date will be published on the Platform.
Where required by law, material changes will be separately notified and/or fresh consent obtained.
If any provision is held invalid or unenforceable, the remaining provisions continue to apply to the extent legally permissible.
These Terms, together with the policies and programme terms expressly incorporated into them, constitute the applicable contractual framework governing use of the Platform, subject to mandatory law.