Terms & Conditions

SCOPE & APPLICATION

1.1. All offers, sales and purchases of organic/natural food, lifestyle products and services that are sold through South India Organic Farms website on which we post these conditions (“site”) by: (a) us, South India Organic Farms (references to “us”, “we” or “our” being construed accordingly) the seller, to (b) you, the purchaser (references to “you” or “your” being construed accordingly).

1.2. There is no cancellable and refundable for any purchase, except as specified in the applicable returns/refund policy. All purchases will be final.

1.3 “prodelers.com” website is owned and operated by South India Organic Farms., offer to you condition on your acceptance without modification of the terms, conditions, notices, etc. contained herein. Continued usage and accessing of this website constitutes your binding and conclusive acceptance and agreement of all such terms, conditions, and notices. When the terms and conditions of this agreement are no longer acceptable to you, you could immediately cease all the use of the “prodelers.com” website and its ancillary products and services.

2 OFFER, ACKNOWLEDGMENT AND ACCEPTANCE

2.1. All details like, prices, quotations and descriptions made or referred to on prodelers.com site are subject to availability, and the same do not constitute an offer and may be revised or withdrawn at any time prior to our express acceptance of your order (as described below)

2.2. We make an effort to ensure that items appearing on prodelers.com site are available at all time. No guarantee is given that all items are in stock or immediately available when you submit your order. Your order may get rejected (without liability) if we are unable to process or fulfil it. If this is the case, we will refund any prior payment that you have made for that item in terms of our Refund Policy.

2.3. Any purchase order with an offer submitted on any products by you to us is subject to the terms and conditions to our subsequent acceptance. 2.4. An automatic e-mail acknowledgement of your orders with offer may be generated prior to such acceptance. Please take note that any of such automatic acknowledgement does not constitute a formal acceptance of your order.

2.5. The contract gets concluded at the point whereas, your order with such offer is expressly accepted by us as of dispatching your order and accepting your payment through credit card, debit card or other mode of payment (“Acceptance”).

2.6. After the acceptance of any of the offers, records of orders received, acknowledgements, acceptances and other contract records may be maintaining in our Record Storage for a reasonable period. On written request basics we may be able to provide you any of such copies. Also you make sure to print a copy of all such documents and the Terms & conditions for your own records.

3.YOUR REPRESENTATIONS

3.1. As per your representation the information provided by you at the time of placing an order to us is to be updated and accurate which is much sufficient for us to fulfil your order.

3.2. Any warranties provided unless agreed or required by any applicable law in relation to any Products is only extend to you on understanding that you are only a user and not a reseller of any of those Products.

3.3. On any of our expression with prior written consent, no warranty, commitment or any other such obligation should ever be assumed by you on our behalf or on behalf of a product manufacturer, licensor or supplier of products.

4. SAFETY GUIDELINES THAT YOU ARE ADVISED TO FOLLOW BEFORE USE
OF OUR PRODUCTS.

4.1. While you are using with a new or unfamiliar product, read/study its medicinal properties. Have a thorough research or do a consulting with an appropriately qualified practitioner or an expert of the product.

4.2 If you are tent to use any of the prescription drug product on medical condition it is said to check with an appropriately qualified practitioner before using products.

4.3 As of individuals we all may have different kinds of constitutions, sensitivities, allergic reactions and possible health conditions. However, we shall may not be responsible or liable for any such kind of reaction/ adverse effect or symptoms as a result of usage of any of the products that are listed on our website.

5. PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)

5.1. Prices of the products that are indicated on our Site or an acknowledgement of your order is authoritative but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance. Also prices payable for the Products are those in effect at the time of dispatch or delivery, which is expressly agreed.

5.2. We reserve all the rights to revise the price of any product at any time prior to our Acceptance to withdraw any discount or offers to take into account in an increase in costs including (without limitation) costs of any raw materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates.

5.3 We reserve the right to notify you, if there are any mistakes in Product descriptions or errors/revising in pricing prior to product dispatch. In such case if you choose to continue the transaction with fulfilment due of the order, with your acknowledgement the Product or Service will be provided in accordance with an expression of revised description or corrected price of the product.

5.4 Unless the specified prices that were quoted for the products are exclusive of the cost of shipping or transport to the agreed place of delivery (charges which are stated on the Site), and also exclusive of VAT and any other tax or duty which (whereas applicable) must be added to the payable price.

5.5 It is subject as You have agreed to pay for the taxes, shipping or transport of the Products as such costs are quoted by us on the Site when you submit your purchase order.

5.6. Payments that as unconditional and Irrecoverable shall be made by you while placing order as per any such methods that are indicated on the Site (and not by any other means unless we have given in any of our prior agreement).

5.7. All the payment that are made by you on acceptance by us or regards to the orders, the payment shall stand appropriated to our account absolutely.

6,DELIVERY AND RISK

6.1. The specified delivery timescales/dates on our website, in any order of acknowledgement, acceptance or elsewhere are mere estimates only. While we venture to meet any of such timescales or dates, we do not undertake to dispatch Products by a specified date or dates and shall not be liable to you in respect of any delays or failure to do so.

6.2. Any delivery shall be made to a valid address within the Territory that is submitted by you at the time of order and subject to Acceptance. You must check and confirm the Delivery Address on any acknowledgement or acceptance that we provide and notify us without delay in case of any errors or omissions.

6.3 For any of the changes that are made in Delivery Address after you submit an order we have reserve the right to charge you for any extra costs arising regards to the changes made.

6.4. If case of your refusal or fail to take delivery of Products dispatched as per your order provided in accordance with these Terms, which meet any risk of loss or damage to the Products shall nevertheless pass on you and without prejudice to any other rights or remedies that we have.

6.5. We shall be authorizing to take immediate full payment for the Products delivered and either as of effective delivery by whichever means we consider to be appropriate or to store the Products at your risk.

6.6. On account of any such refusal or failure to take delivery of the products by you will be liable you to pay on demand of all costs of product storage and any additional costs incurred further.

6.7. After the date of agreement to deliver the product of your order, we shall be entitled 30 days to dispose the products for delivery, in such manner as we determine and may set off any proceeds of sale against any sums RECOVERED from you.

6.8. Otherwise it shall be as provided in these Terms, risk of loss or damage to the Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.

6.9. Refer our Delivery policy for more information.

7. REFUND AND REPLACEMENT POLICY (FOR REJECTION, DAMAGE OR LOSS OF GOODS IN TRANSIT)

 

7.1. Unless as set out of the above or under any applicable Returns Policy and that are subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:

7.2 We shall not be liable and you shall not be entitled to reject Products except for:

(a) Partly damage or fully damage of Product or loss of Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) whereas notified to us within 3 working days of receipt of the Products.

(b) Defects in Products (not being defects caused by any act, neglect or default on
your part) notified in writing to us within 3 days of receipt of the Products.

7.3. When there is a shortage or failure to deliver or any defect or damage to a
Product or Service, we may have our option as listed:

(a) In the case of Product shortage or non-delivery) a new delivery date may be agreed to conditional on the Supplier/s acceptance.

 

(b) In the case of damage or any defective(s) in the Product and that is in accordance with any applicable Returns Policy.

(c) Replacement or any repair in the Product upon which you are returning the Product or refund the price paid in respect of any Products proved to be partly damaged or defective.

7.4. Your rights of replacement of any Products thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where:

(a) Products that have been altered by any persons other than the manufacturer, us or any authorized dealers and/or

(b) Defective Product or Products have not been returned together with written
document furnishing the full details of the alleged defects within 3 days from the date on which such Products were delivered.

 

(C) Defects that are caused to the products (wholly or partially) due to mistreatment, improper usage or storage or in case of failure to observe any manufacturer instructions or any other directions issues or made available by us in connection with the delivered Products.

7.5. Refer exchange, refund and return policy section for more information.

8. LIABILITY LIMITATION

 

8.1. To the maximum extent of legally permitted, whether or not we were aware or advised of the possibility of damages to the products, and whether or not the limited remedies provided herein fail of their essential purpose (1) our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the products that you ordered and that are most closely related to your damages and (2) we shall not be liable for any special, incidental, additional, indirect, or consequential damages, lost profits, lost revenue, or cost of cover, third party or products liability of any nature whatsoever.

9. THIRD PARTY RIGHTS

9.1. You shall reimburse from us against any or all liabilities, claims and costs incurred by or made against us as a direct or indirect result in respect of the Products where this has been partly or fully done to your (or your representatives specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.

9.2. To the fullest extent of permitted by law and save whereas expressly set out in any License Terms or elsewhere, we shall have no liability to you in the event of any Products infringing or being alleged to infringe the proprietary rights of any third party. In the event of the Products that are may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such rights or title that we have.

10. WARRANTY; IN GENERAL – WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS:

10.1. The specifications, illustrations, drawings, particulars, dimensions, performance data and other information of the Product on the Site that are made available by us are intended to represent not more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with the same. You shall refer to the manufacturer specifications or warranty documentation to determine your rights and remedies in this regard.

10.2. The manufacturer, licensor or supplier warranty document that are issued with the supplied Products and should refer to the relevant documentation supplied with the Product in this regard are the benefit rights that you reserve. (If applicable, a Refund Policy may also set out procedures applicable to repairs or replacement of defective Products delivered)

10.3. The terms that state your sole and exclusive remedies in this section 10 are except as distinctly stated otherwise we may not express warranties or representations. We disclaim all implied warranties and representations including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 11. CONSENTS, CUSTOMS DUTIES EXPORT If case of any license or consent of any government or other authority is required for the acquisition of the product, carriage or use of the Products by you, you shall obtain any such license or consent at your own expense and if necessary produce evidence to us on demand. If you fail to do so shall not entitle you to claim any of the refund of the price/amount that is paid to us. You should meet any additional expenses or charges incurred by us resulting from such failure.

11. NOTICES

12.1. All the notice or other communications in relation to our contract may be given by sending the same through hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the contact address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered as received.

12.1.1. In relation to hand delivery, on the date of delivery at the relevant address will be the first working day or, if this is not a working date, the upcoming first working date is considered thereafter.

12.1.2. If posted by pre-paid post, 5 working days after the date of posting to be considered.

12.1.3. If by fax, on the date of the transmission is considered as evidenced by a successful transmission contact report (or, if this is not a working date, the first
working date thereafter).

12.1.4. If sent by email, on the earliest of (i) the email have to be acknowledged by the recipient as received (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened, or (iii) the expiry of 48 hours after transmission, provided to that the sender has not received any notification of unsuccessful transmission.

13. PERSONAL INFORMATION AND YOUR PRIVACY

13.1. We will observe applicable data protection laws and will not use any information that does or can be used to personally identify you other than as set out in our Privacy Policy. By submitting your Personal Data to us in relation to your order, your consent to such Personal Data being processed to fulfil your order and in accordance with such Privacy Policy will be carried out.

13.2. In relation to the personal data that you place with us, will be maintained with security of orders.

13.2.1. Our secure-server software encrypts all your Personal Data including credit card or debit card number, bank details, name and address. This means that the characters that you enter are converted into pieces of code that are then securely transmitted over the Internet.

14.GENERAL

14.1. You shall not assign, transfer, charge or make over or purport to assign your rights under these Terms.

14.2. We shall either not be liable to you or held in breach of contract for any loss or damage of the product which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (as of not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of production plant or defective in any machinery, interruption in the power supply or raw materials and in such event we may elect to cancel your order and refund any payments made.

14.3. Hereby by you acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent that is legally permitted. To the fullest extent permitted under applicable law, we reserve the right to modify these Terms upon prior written notice to you with effect for the future subject to your right to reject, by way of written notice, our modifications to these Terms with respect to any orders for which Acceptance, but not yet fulfilment, has occurred.

14.4. We shall not have any relaxation, forbearance, delay or indulgence by either you or by us in enforcing any of these Terms or the granting of time by either party to the other shall prejudice or restrict such rights and powers.

14.5. There shall be no waiver of any term or condition of these Terms shall be effective unless made in writing and duly signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition.

14.6. If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:

14.6.1. All the above noted Terms will not be affected in other jurisdictions to the extent that such determination or finding has no application, and.

14.6.2. It will be applicable in the relevant jurisdiction, the remainder of these Terms (to the fullest extent permitted by law) will continue to be in full force and effect.

15.GOVERNING LAW

15.1. The construction validity and performance of these Terms shall be governed by Indian Law and the parties submit to the exclusive jurisdiction of Courts in Mumbai, Maharashtra, India in case of any differences, disputes or legal proceedings arising from any dispute.

15.2. The language of any dispute resolution procedure or any other proceedings will be held in English.

16. BO (BUSINESS ORDINANCE) CLAUSE:

We as a merchant (South India Organic Farms) shall be under no liability whatsoever in respect to any of loss or damage arising directly or indirectly to the product out of the decline of authorization for any of the Transaction, on Account of the Cardholder having exceeded the present limit which is mutually agreed by us with our acquiring bank from time to time.

ACCEPTANCE

This purchase is a direct transaction between you and South India Organic Farms. I understand and acknowledge the following:

(a) The actual product packaging and materials may contain one or more and/or various different information than that is shown on the website through which the product(s) are purchased.

(b) I will read and follow all the instructions, labels, warnings and directions in connection with using or consuming the product(s), and will contact a health care provider immediately if I suspect I have a medical problem or reaction of any products.

(c) I understand that the content on this website is for reference purposes and is not intended to substitute for an advice given by a physician, pharmacist, or other licensed health-care professional.

(d) The product(s) that is purchased are not intended to diagnose, mitigate, treat, cure or prevent any disease or health condition, and I will not use any of the information or statements contained on the website through which this product is purchased, or contained on or in such product(s), for such purposes.

6.9. Refer our Delivery policy for more information.