|
(1)
Definitions and interpretation
In
this agreement “we” means ayurvedaforall.com
(and “us” and “our” shall be construed
accordingly); and “you” means the relevant customer or
potential customer as the case may be (and “your” shall
be construed accordingly).
In this agreement,
the following definitions shall apply:
“agreement”
means this agreement incorporating any terms set out in our second
acknowledgement;
“first
acknowledgement” means the initial automatic email
acknowledgment which we will send to you after receiving your order;
“order”
means your order for products made via the site;
“products”
means goods which may be purchased by you from the site;
“second
acknowledgement” means the email acknowledgment which we will
send to you (where appropriate) confirming acceptance of your order;
and
“site”
means the website at www.ayurvedaforall.com
or any successor site operated by us from time to time.
(2) This
Agreement
The advertising of
products on the site constitutes an “invitation to treat”;
and your order for products constitutes a contractual offer. No
contract comes into force between you and us unless and until we
accept your order.
In order to enter
into this Agreement with us, you will need to take the following
steps:
You must add
any the products you wish to purchase to your shopping cart, and
then proceed to the checkout;
If you are a new customer, you
must then create an account with us and log in; if you are an
existing customer, you must enter your login details;
once you are logged in, you must
select your preferred method of delivery and confirm your Order and
your consent to the terms of this Agreement;
You will be transferred to the
Paypal website, and Paypal will handle your payment;
We will then send you the first
acknowledgment and
Once we have checked whether we
are able to meet your order, we will either send you the second
acknowledgement (at which point this Agreement will become a binding
contract) or we will confirm by email that we are unable to meet
your order.
Please note that we
will not file a copy of this agreement. We may update the version of
this Agreement on the site from time to time, and we do not guarantee
that the version you have agreed to will remain accessible. We
therefore recommend that you download, print and retain a copy of
this agreement for your records.
The only language
in which we offer this agreement is English.
Before you place
your order, you will have the opportunity of identifying whether you
have made any input errors by reviewing your shopping cart. You may
correct those input errors before placing your order.
(3) About us
This
website is operated by PKC Enterprises, Cochin, India
. Our email address
is admin@ayurvedaforall.com
.
(4) The Products
The products and
services listed in ayurvedaforall are Indian herbal supplements
related which falls under the category of alternative medicines.
These products or services are sourced from their respective
manufacturers or providers in India.
(5) Price and
payment
Prices for products
are quoted on the site. The site contains a large number of Products
and it is always possible that some of the products listed on the
site may be incorrectly priced. We will verify prices as part of our
sale procedures so that a product's correct price will be stated in
the second acknowledgement/when you pay for the product.
In addition to the
price of the products, you will have to pay a delivery charge, which
will be as stated in the second acknowledgement when you pay for the
product.
We may withhold the
products and/or terminate this agreement if the price is not received
from you in full, on time, in cleared funds.
The prices on the
site include any value added or sales taxes (where applicable).
Payment for all
products must be made by credit/debit card/paypal account OR any
method detailed on the site from time to time.
Prices for products
are liable to change at any time, but changes will not affect
agreements which have come into force.
(6) Delivery
We will arrange for
the products to be delivered to the address for delivery indicated in
your order.
We will use
reasonable endeavours to deliver products on or before the date for
delivery set out in our second acknowledgement or, if no date is set
out in our second acknowledgement, within 15 days of the date of our
second acknowledgement. However, we cannot guarantee delivery by the
relevant date. We do however guarantee that unless there are
exceptional circumstances all deliveries of products will be
dispatched within 30 days of the later of receipt of payment and the
date of our second acknowledgement.
Customer is responsible for the customs clearance in the respective destinations and please check wether this product is allowed to enter in to your country before placing the order. We will not refund any amount if the shipment is returned by the customs.
We will keep the receipt of Despatch and it should be treated as the document of proof for the despatch.
(7) Risk and
Title
The products will
be at your risk from the time of despatch. Ownership of the products
will only pass to you after we receive full payment of all sums due
in respect of the Products (including delivery charges).
(8) Consumer Rights
You may cancel this
agreement at any time within 7 working days after the day you
received the products (subject to the limitations set out below).
You will not have
any such right insofar as this Agreement relates to: (i) the supply
of any products which constitute audio or video recordings or
computer software which have been unsealed by you; (ii) the supply of
products the price of which is dependent upon fluctuations in
financial markets which we cannot control; or (iii) the supply of
newspapers, periodicals or magazines.
If you cancel this
agreement on this basis, you must inform us in writing and return the
products to us immediately, in the same condition in which you
received them. Products returned by you within the 7 working day
period referred to above will be refunded in full (including the cost
of sending the products to you). However, you will be responsible for
paying the cost of returning the product to us.
If you cancel this
agreement on this basis and you do not return to the products to us,
we may recover the products and charge you for the costs we incur in
doing so. Similarly, if you return the products at our expense, we
may pass that expense on to you.
(9) Defective
Products
You may also cancel
this agreement if the products supplied are defective.
Products returned
by you because of a defect will be refunded in full (including the
cost of sending the products to you, and the cost of returning the
products to us). Alternatively, if we and you agree, we may supply
you with a replacement or substitute product.
(10) Refunds
If you cancel this
agreement and are entitled to a refund, we will usually refund any
money received from you using the same method originally used by you
to pay for your purchase. We will process the refund due to you as
soon as possible and, in any event, within 30 days of the day we
received your notice of cancellation.
(11) Warranties
We warrant to you
that any product you purchase through the site will be of
satisfactory quality.
You warrant to us
that: you have full authority, power and capacity to enter into this
agreement and that all necessary actions have been taken to enable
you to lawfully enter into this Agreement; you are legally capable of
entering into binding contracts; you are at least 18 years old; the
information provided in the order is accurate; and you will be able
to accept delivery of the products as contemplated in this agreement.
Subject to the
warranties set out in above, to the maximum extent permitted by
applicable law we disclaim all warranties with respect to the
products, whether express or implied.
(12) Limitations of liability
Nothing in this
agreement shall limit or exclude your or our liability for: (i) death
or personal injury caused by negligence; (ii) under section 12 of the
Sale of Goods Act 1979, section 2 of the Supply of Goods and Services
Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii)
for fraud or fraudulent misrepresentation; or (iv) for any matter for
which it would be illegal for to limit or exclude, or attempt to
limit or exclude, liability.
Subject to this:
(i) our liability in connection with any Product purchased through
our site is strictly limited to the higher of the purchase price of
the relevant Product and the replacement cost of the relevant
Product; (ii) we accept no liability for any loss of income or
revenue, loss of business, loss of profits or contracts, loss of
anticipated savings, loss of data, waste of management or office time
or for any indirect or consequential loss or damage of any kind
however arising and whether caused by tort (including negligence),
breach of contract or otherwise, even if foreseeable; and (iii) we
will not be liable or responsible for any failure to perform, or
delay in performance of, any of our obligations under this Agreement
caused by events outside our reasonable control.
(13) General terms
Images of products
on the site are for illustrative purposes; actual products may differ
from such images.
We will treat all
your personal information that we collect in connection with your
order in accordance with the terms of our privacy policy]; use of our
website will be subject to our website terms and conditions.
This agreement may
only be varied by an instrument in writing signed by both you and us.
We may revise these terms from time-to-time, but such revisions will
not affect the terms of any agreement which we have entered into with
you.
If any provision of
this agreement is held invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions of this agreement
shall remain in full force and effect, and such invalid or
unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any
term, provision, or condition of this agreement, whether by conduct
or otherwise, in any one or more instances, will be deemed to be, or
be construed as, a further or continuing waiver of that term,
provision or condition or any other term, provision or condition of
this agreement.
You may not assign,
charge, sub-contract or otherwise transfer this agreement, or any of
your rights or obligations arising under this agreement. Any attempt
by you to do so shall be null and void. We may assign, charge,
sub-contract or otherwise transfer this agreement, or any of our
rights or obligations arising under this agreement, at any time –
providing such action does not serve to reduce the guarantees
benefiting you under this agreement.
This agreement is
made for the benefit of the parties to it and is not intended to
benefit, or be enforceable by, any other person. The right of the
parties to terminate, rescind, or agree any amendment, variation,
waiver or settlement under this agreement is not subject to the
consent of any person who is not a party to this agreement.
This agreement
contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or
written.
Jurisdiction of this company dealings is Haripad, Alleppey District, Kerala state. India
|
