TERMS OF SALE
THESE STANDARD TERMS OF SALE ("TERMS OF SALE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLER'S ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE PRODUCT ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.
In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the website located at the URL www.adinaturals.com and mobile application under the name and style "adinaturals" (the Website) is referred to as "Buyer" and the Seller is referred to as Ecochoice Naturals Pvt Ltd which is a registered company under the Companies Act, 2013 who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as "Seller"). Ecochoice Naturals Private Limited is an aggregator of growers/traders/Farmer Producer Organisations that deal in organic and natural products.These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services ("Products") through the Website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by Ecochoice Naturals Private Limited ("Ecochoice") which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as "You" with its grammatical variations and cognate expressions.
These Terms of Sale are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Terms of Sale from time to time before listing any Product or before making any purchase of the Products. The revised Terms of Sale shall be made available on the Website. If such a facility is provided, You may determine when these Terms of Sale were last modified by referring to the "Last Updated" legend provided above.
You are requested to regularly visit the Website to view the most current Terms of Sale. It shall be Your responsibility to check these Terms of Sale periodically for changes and Buyer should also check Additional Terms oSale of the Seller on the Product listing. You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications to the Website or these Terms of Sale will constitute Your acceptance of such changes or modifications.
1. Offer and Acceptance of the Product
2.1 Adinaturals also respects the intellectual property rights of all entities. If you believe that your intellectual property rights have been violated in any manner, please fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") provided in the annexure below. Please send the duly filed out IP Infringement Notice via email to Info@ adinaturals.com. Any incomplete or improperly filled out document may not be considered.
2.2. The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Ecochoice shall have the sole discretion to determine the mode of reversal from the above options.
2.3. With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that: Seller has the right to sell the Products to the Buyer on or through the Website; Buyer shall have and enjoy quiet possession of the Products; Products shall be free from any charge or encumbrance in favor of third party; Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product; Product shall meet the description and specifications as provided on the Website. The picture of the product given in the website may be only a close representation of the original product and not the same.
3. Pricing Information
3.1 The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller. The Seller may add a transaction fee to the total bill value generated for each order which will be reflected in the final invoice to the buyer.
3.2 All prices are exclusive of GST unless stated otherwise.
4. Delivery of the Product
4.1 There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
4.2 Buyer's shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
4.3 Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
4.4. Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to Ecochoice for any loss of any fee or charges that Ecochoice and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Ecochoice and its third parties are not consequential or indirect.
4.5. The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
5. Return Policy for Products
5.1 Buyer's Product related complainant for refund or replacement will the processed in accordance with the ………Ecochoice Naturals…… return Policy available at http://www...........adinaturals.com..........................com. Both Buyer and Seller agree to this return Policy. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.
5.2 Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.
5.3 The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
5.4 In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Ecochoice shall have the sole discretion to determine the mode of reversal from the above options.
5.5 Buyer agrees that if the returned Product is not accepted by the Seller then Ecochoice shall have the right liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.
6. Cancellation of transaction / orders
6.1 Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller . If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Ecochoice shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by Ecochoice is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
6.2 Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
6.3 Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by Ecochoice in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes Ecochoice to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
7. Governing Law
These Terms of Sale shall be governed in accordance with the laws of India without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.
8. Disclaimer by Ecochoice
8.1 Ecochoice's role is that of an Aggregator of sellers in the form of an online Platform and will, make available and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers. since Ecochoice Naturals is the direct seller,accordingly, the contract for sale of any of the products shall be a bipartite contract between Ecochoice naturalsand the buyer.
8.2 These terms of sale shall not amend or modify any agreements, contracts, terms or policies between the buyer or seller on one hand and ecochoice on the other hand.
8.3 Ecochoice does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by sellers accessible through the website or any linked sites. ecochoice makes no representations or warranties whatsoever about, and shall not be liable for, the seller or any such third parties, their products including representations relating to merchantabiligy, fitness of a product or service for a particular purpose, and non-infringement of third party intellectual property rights. any transactions that buyer may have with such third parties are at buyer's own risk. the products shall be subject to seller's terms and conditions for warranty, service and maintenance, and ecochoice does not accept any responsibility for the same. ecochoice also does not accept any responsibility for the usage of the products by the buyer.
8.4 Ecochoice specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by buyer from the seller and ecochoice shall not assume any liability if the product purchased or availed by buyer from the seller is not exactly as per specifications detailed in the purchase confirmation order.
8.5. Ecochoice is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
8.6. Ecochoice does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to Ecochoice . Prices, Product description and availability of the Product are Seller's responsibility.
8.7. Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and Ecochoice shall not in any manner be held liable for the same.
8.8. Ecochoice shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.
Terms for Growers/Traders/FPOs and others desirous of listing their product/s with Ecochoice Naturals called Enlisted Entities
1. Those who want to list their products for sale in adinaturals.com, have to register themselves with Ecochoice Naturals through the due process as given by Ecochoice Naturals.
2. If necessary documents are not submitted, the registration may be suspended or cancelled. This discretion lies with Ecochoice Naturals.
3. Once registred each grower/trader/FPO will be given access to put up their products along with the prices. However, if for any reason ethical or legal, Ecochoice Naturals reserves the right to either delete or hide the product.
4. If applicable, fee for use and access of the Platform and for services availed while accessing the Platform that may be supported and/or provided by third party service provider(s) to the grower/traders/FPOs (collectively referred to as ‘Platform Fee’). Platform Fee will be ascertained based on the criteria determined by Ecochoice Naturals and communicated to the seller, from time to time.
5. Ecochoice Naturals reserves the right to disclose information about the growers/traders/FPOs who are enlisted on the website.
6. If an order has been accepted by the enlisted entity, but does not fulfill the obligations of that order, the entity will bear the cost of the order unless in case of unnatural circumstances beyond the control of the entity. In case the amount has been paid to entity, such amount will be returned immediately to Ecochoice Naturals.
7. The Enlisted Entity will be solely responsible for the quality of the product supplied to Ecochoice Naturals. In case of any quality issues, Ecochoice can return partly or wholly the products received.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not be store any information related to your Credit card/ Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Fraudulent /Declined Transactions
Our payment partner’s (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using our Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
When you visit our website or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or SMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.
On registering in our website, you agree that we may use your registered mobile number on the Website to send Transaction related SMS to you. You also grant us permission that we may send you any Transaction related SMS irrespective of having DND services activated on your mobile.
Governing Law and Jurisdiction
These Terms shall be construed in accord with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of these Terms.