Conditions of Use
In order to use the Website, you need to (a) be 18 years or older, (b) have the power to enter a binding contract with us under the under Indian Contract Act, 1872 and (c) not be barred from entering into contract under any applicable laws. By accepting these Terms, you represent to the Company that you are at least 18 years old, are competent to enter into a valid contract and these Terms constitute a legal agreement between you and the Company. If you don’t agree with these Terms, then please refrain from accessing the Website.
The Website facilitates the viewing and buying of Company’s masale/ spices, chutney, pickles and other products as may be offered by the Company from time to time (“Products”). The visitor to the Website who intends to buy the Products (“Buyer”) shall be able to place order to buy Products that they want to purchase through the Website, and pay through the Payment Options that may be available from time to time. The payment options (“Payment Options”) offered by the Company are as follows:
- Credit Cards;
- Debit Cards;
- Internet Banking;
- any other mode of payment, as may be decided and made available on the Website.
Please note that payment can be made only in Indian Rupees and all the above payment instruments must have been issued by entities operating in India and subject to Indian regulations.
Currently, we do not accept Cash on Delivery as a mode of payment.
Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer, bank or any agent involved in any of the above payment modes, then your order and delivery shall be considered cancelled. You further agree that in case of payment failure you shall upon demand by the Company re-initiate the transaction and pay all amounts due to the Company.
Upon order for purchase of the Product(s) being initiated with the Company through the Website, the Company shall confirm the items that are available and will be provided and those that are not available at the time of order acceptance. You understand and acknowledge that the Company is using third party services for providing the online payment options and that the Company is not responsible for any issues arising out of such digital payments including non-completion of transaction, disputes, chargebacks or reversals arising pursuant to such payment transactions. The Company shall not be responsible for any omission, mistake or error on part of any third parties or facilitators.
- Use of Website
2.1 You may:
(a) View and access information about our Products, their availability details, special offers, and any other files including audio and videos hosted on the Website in a web browser;
(b) Download and print pages from our website for caching in a web browser; and
(c) Use our Website services by means of a web browser, subject to the other provisions of these terms and conditions.
2.2 You agree that you will not:
- reverse-engineer, decompile, disassemble, modify or create derivative works based on the Website or any part thereof;
- reproduce, republish, duplicate, copy, sell, resell, or exploit, any portion of the Website content (including the photographs and the literary content);
- collect or store data about other people using the Website;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
- exploit, resell or redistribute Products provided by us on another platform or through other channels without obtaining our written permission;
- use the website in any manner other than as expressly authorized in the Terms;
- remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Website and must reproduce such copyrights, trademarks or other intellectual property notices on all copies explicitly permitted to be made, if any; and
- transfer the materials to another person or “mirror” the materials on any other server.
2.3 We further reserve the right to restrict access to areas from our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
2.4 These Terms are not intended to grant rights to anyone except you, and in no event shall these Terms create any third party beneficiary rights. Any failure to enforce these Terms or any provision thereof shall not waive our right to do so. Use of the Website beyond the scope of these Terms immediately terminates any permissions or rights granted herein.
- Products or Services
3.1 Our Products are made available for sale through this Website.
3.2 We may have area-wise or region-wise distribution limits for the availability or sale of our Products. The availability and continuity of sale of our Products will depend upon their region-wise demand, availability of raw material and other contributing factors on a case-by-case basis. All descriptions of Products or prices are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
The delivery of the Products is currently available only within the territorial limits of Republic of India.
3.3 All products are prepared based on a fixed formula and are not custom made for any customer. We do not claim that the Products offered to you meet your expectations.
After placing the order with the Company for purchasing the Products, the Company shall confirm the items that it can supply along with the total price payable. All charges will be in Indian Rupees and will exclusive of the Goods and Services Tax (GST) and the applicable GST shall be payable extra.
The Company shall charge an amount of INR 45/- per transaction wherein the order value is less than INR 250/-. The Company may deliver the orders exceeding the transaction value of INR 250/- without any delivery charges.
You can elect to pay for the Products directly to the Company through one of the aforementioned Payment Options after receiving the total payment amount.
The Website may provide a links to other payment apps installed on your mobile to make it easier to make payment online and record the payment transaction identification (if any) in the app for future reference.
Since the Buyer transacts on the Website through third party platforms or online payment apps, the Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the lack of authorization for any transaction, on account of a Buyer having exceeded the credit limit with his/her bank or for any payment issue arising out of the transaction.
- Delivery Details
The Buyer will select the desired delivery options and the available time slots while placing the order. In case the Buyer has opted for online payment, it shall be the responsibility of the Buyer to make the payment for the order well in time to enable the Company to initiate delivery. The Company shall, subject to the provisions of the prevailing laws and restrictions, deliver the Products or make them ready for pickup within 3-4 business days after you receive a confirmation email. However, the Buyer understands and acknowledges that the agreed delivery timelines may alter or change due to delay in making payment to the Company and/or any unforeseen circumstances. The Company shall not be liable for any loss or damages or any inconvenience suffered by the Buyer due to such delay. The Buyer shall be solely responsible for inspecting the Products upon their delivery and confirm whether such Products are in accordance with the order placed by the Buyer. With respect to the Products delivered through third parties, the Buyer shall be responsible for ensuring that the Products are not beyond their expiry date, the packaging of the Products is intact and that such Products are not tampered with or damaged in transit.
In case there are orders for multiple Products placed by the Buyer, Company shall deliver such Products based on the availability of the stock and the Products may not be delivered simultaneously or will be delivered separately. In such cases, the Company shall communicate the availability of the Products and the delivery schedule to the Buyer.
- Cancellation and Return Policy
- Once your order is delivered to you and you accept it as accurate as per your order, there is no exchange or refund possible.
- Cancellation and Return Policy
- Changes and cancellation
Any item additions, specification changes or quantity changes made to accepted order(s) will be modified in the order details. All sales are final, provided, however, item cancellations and quantity changes may be carried out before the order(s) is shipped. Kindly note that if our credit department doesn’t approve your credit or if there is any other problem(s) with your selected payment mode, then we may cancel any accepted order before the shipment, without liability.
If you have, by mistake, placed an order for a particular product(s) twice and if you like to have a refund of one transaction, then you have to inform us the same within 2 days through an e-mail or call. Kindly note that the courier expenses (both ways) shall be borne by you and a penalty of 10% of the transaction value shall be levied for the same. The amount paid for the same shall be refunded in 7 to 8 days or according to individual bank policies.
- Order cancellation
The Company may cancel part of the entire order initiated by the Buyer, regardless of whether the order has been confirmed and/or the payment is made, if:
- Information, instructions and authorisations You provide is not complete or sufficient to execute the order;
- Item is not in stock with the Company;
- The transaction cannot be completed for any reason not in control of the Company;
- Company is closed for business or is unable to deliver for any reason; or
- You have not yet paid for the order prior to the time of delivery or pickup.
In case the Buyer has availed any discount coupon or similar benefit under any marketing or promotions provided by the Company in relation to the Products for which the order has been cancelled by the Buyer, the benefit may be restored to the Buyer entirely at the discretion of the Company.
- Intellectual Property
7.1 You acknowledge and agree that the ownership of the Intellectual Property rights, including copyrights, trademarks is protected by under the applicable Laws and various other national and international Intellectual Property rights laws and regulations. All these rights are either owned by us or licensed to us by the rights owner(s) for use with the Website or otherwise used by us as permitted by applicable Law.
7.2 This Website and content thereof is intended for the individual, personal and non-commercial use by the users. Accordingly, you may print and download extracts from the Website for your own personal, non-commercial use, provided that any material copied remains intact and includes the notice that all copyrights in the printed content are reserved for us. Any other copying, distribution, storing, framing or transmission of any kind or any sort of commercial use of the material used in this Website are strictly prohibited without our express written consent.
7.3 We expressly reserve all Intellectual Property rights in all text, images, videos, programs, products, processes, technology, software, compilation of all and other content, trademarks, including the mark(s) which appear(s) on this Website. Reproduction in whole or in part of the same is strictly prohibited without our express written permission.
7.4 We may generate and utilize statistics about the number of times you visited the Website, time of access, and the number of times you placed order with us, anonymously, with no reference to you, for generating industry wide trends. You agree that this shall not be in violation of your data confidentiality or intellectual property rights.
7.5 The Company shall have the right to display the information, feedback, ratings, reviews etc. (“Feedback”) that is provided by You. You confirm that the Feedback will be in accordance with the provisions of the applicable law and that the Company shall, at its sole discretion, have a right to remove any Feedback which is denigrating or non-compliant with the provisions of the applicable laws.
- Third-Party Services or Content
The Website may contain links to third-party websites or content including payment gateways, and other payment intermediaries that you may use in connection with your use of this Website. You use such third party services at your own risk. We make no claim or representation regarding the safety or security in such material, and provide them on the website only for convenience. Whenever you discontinue your use of the Website, these Terms no longer govern, and upon use of such third-party services, their respective terms and policies shall apply.
- Warranty Disclaimers
9.1 The Website and Products offered under this Website are provided on an “as is” basis without warranties from the Company of any kind, either express or implied. We further expressly disclaim all other warranties, express or implied, including without limitation implied warranties of the accuracy of information, merchantability, quality, availability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that the information provided on the Website are accurate, complete, reliable, current or error-free. While we attempt to make your access to and use of the Website safe, we do not represent or warrant that the Website is free of viruses or other harmful components. Your use of this Website and/or Products (including samples thereof) are at your sole risk. The Company makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
In no event, the Company, its directors, authorized representatives and employees shall be held liable for any damage or loss arising out of use of this Website or with respect to any materials contained in this site.
9.2 The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. We reserve the right to modify the contents of the Website, but have no obligation to update any information on the website.
9.3 YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF LEGAL THEORY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OR TRANSMISSIONS OF YOUR DATA OR FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN; (iv) STATEMENTS OR CONDUCT OF ANYONE ON THE WEBSITE; (v) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SERVICE PROVIDERS INCLUDING E-MARKETPLACES; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE AND OR THE PRODUCTS.
IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY EXCEED THE AMOUNT PAID BY YOU, LESS SHIPPING AND HANDLING FOR PRODUCTS PURCHASED BY YOU VIDE THE TRANSACTION IN DISPUTE THROUGH THE WEBSITE.
You agree to defend, indemnify and hold harmless the Company and its officers, employees and agents from and against any claims, losses, liabilities, damages, and expenses suffered by the Company or its officers, employees and agents arising from your negligence, willful misconduct or breach of the terms of these Terms or account of use or access to the Website or third party services by any third party or on account of the Products or your use of the Products (including Trial Products). In the event the Company is threatened with suit or sued by a third party, the Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with attorney/ counsel of the Company’s choice. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive the Company’s prior written consent regarding any related settlement. The indemnity provisions shall survive expiry, termination or cancellation of this Agreement or your use of the Website or Products.
- Force Majeure:
In the event that the Company is prevented from performing or is unable to perform any of its obligations under this Term of Use due to force majeure, which is defined to be occurrences beyond the reasonable control of the Company, including without limitation and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, labour strikes, sabotage, rebellion, insurrection, mutiny, civil commotion, riot, acts of public enemies or civil disturbance, strike, lockout, or other industrial disturbance, epidemic, pandemics or similar outbreak, affecting a person, any non-discriminatory acts of government, or compliance with such acts, which directly affects that person’s ability to perform its obligations (“Force Majeure”) such non-performance shall not constitute default hereunder. This provision shall not be construed as relieving either party from its obligation to pay any sum due the other Party.
- Applicable Law and Jurisdiction
The laws of India govern this Agreement and your use of the Website. Your use of the Website may also be subject to other local, or state laws.
Subject to arbitration clause below, the User hereby expressly agrees to submit to the exclusive personal jurisdiction of courts at Pune, Maharashtra, for the purpose of resolving any dispute relating to your access to or use of the Website.
- Changes to the Terms
15.1 If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
15.2 We may assign any or all of our rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without our prior written consent, and any such attempted assignment will be void and unenforceable.
15.3 The Company reserves right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and the Company may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website.
15.4 The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
15.5 These Terms constitute the entire agreement between you and the Company regarding your use of the Website and the Products, and supersedes all prior or contemporaneous communications, whether electronic, oral or written between you and the Company.
15.6 No waiver by us of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
15.7 The rights and remedies set out hereunder are independent, cumulative and without prejudice to our rights under the Law.
15.8 These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party.
In case you have any complaints or queries with respect to the use of the Website, we encourage you to write to us at Sales@prakashmasala.com and we shall be glad to assist you.