In this document the following words shall have the following meanings:
- "Buyer" means the person who buys Goods from the Seller;
- "Seller" means The Organic Garden
- Goods" means the articles offered by the Seller for the sale on the web site.;
- "List Price" means the list of prices of the Goods maintained by the Seller on the website for sale and as amended from time to time;
- "Terms and Conditions" means the terms and conditions of sale set out in this document and as amended from time to time.
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept or cancel an order without assigning any reason.
- of order by Buyer through Sellers web site shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
- Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
- The Organic Garden does not routinely monitor your postings to the web site but reserves the right to do so. However, in our efforts to promote good citizenship within the Internet community, if The Organic Garden becomes aware of inappropriate use of the web site or any of its Services, The Organic Garden will respond in any way that, in its sole discretion, The Organic Garden deems appropriate. You acknowledge that The Organic Garden will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, The Organic Garden will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
- Submissions and unauthorized use of any materials contained on this web site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold The Organic Garden and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the web site or the use of the web site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
- The Organic Garden reserves the right to terminate access to this web site at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.
- The Organic Garden may change the terms and conditions and disclaimer set out above from time to time. By browsing this web site you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check these each time you revisit the web site.
- The Organic Garden may change the format and content of this web site at any time.
- The Organic Garden may suspend the operation of this web site for support or maintenance work, in order to update the content or for any other reason.
- If you have a query or complaint, please contact us at [email protected] or [email protected]
- The Organic Garden reserves all other rights
Price, Payment and Delivery
- The price of the Goods shall be that stipulated in the Seller's current List Price on the Seller's website inclusive of all applicable taxes and the goods will be delivered (at the address registered in the website) within 24 hours from the time the orders are successfully placed, subject to the availability. The delivery of goods will be free of charge.
- Payment of the total purchase price will be cash on delivery for home delivery orders only.
- The Seller reserves the right to decline any orders if the veracity of the customer is suspected.
- Should there be an error in the description or price of goods in the catalogue, Seller reserves the right to supply goods at the correct price.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller or else will get approval by the buyer for any change.
- The Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
- The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation, any failure to meet any estimated delivery date or otherwise.
Neither parties shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by the court of jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of India and any legal Discrepancy or Disputes will be heard or proceed in the exclusive jurisdiction of the Indian courts at Mumbai only.