1. SCOPE & APPLICATION
1.1. These terms of sale ("terms") apply to all offers, sales and purchases of organic/natural food and lifestyle products and services which are sold through the website on which we post these conditions ("site") by: (a) us, TheEcoTrunk.com (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. All purchases are final, non-cancelable and non-refundable, except as specified in the applicable returns / refund policy.
1.3 This web site "“THEECOTRUNK.COM”", is offered to you conditioned on your acceptance without modification of the terms, conditions, notices, etc. contained herein. Accessing and continued use of this web site constitutes your binding and conclusive acceptance and agreement of all such terms, conditions, and notices. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease all use of the “THEECOTRUNK.COM” web site and its ancillary products and services.
2. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
2.1. Any prices, quotations and descriptions made or referred to on this Site are subject to availability, and the same do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below)
2.2. While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill 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. An order submitted by you constitutes an offer by you to us to purchase Products on these Terms and is subject to our subsequent acceptance.
2.4. Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
2.5. Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your credit card or other payment ("Acceptance").
2.6. We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide you with copies on written request; however you must make sure you print a copy of all such documents and these Terms for your own records.
3. YOUR REPRESENTATIONS
3.1. You represent that information provided by you when placing your order is up-to-date materially accurate and is sufficient for us to fulfill your order.
3.2. Unless agreed otherwise or required by applicable law, any warranties provided in relation to Products only extend to you on the understanding that you are a user and not a reseller of those Products.
3.3. No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a Product manufacturer, licensor or supplier without our express prior written consent.
4. SAFETY GUIDELINES THAT YOU ARE ADVISED TO FOLLOW BEFORE USE OF OUR PRODUCT'S.
4.1. Before using the product you are unfamiliar with, find out its medicinal properties. Research it thoroughly and/or consult with an appropriately qualified practitioner or expert.
4.2 If you are taking prescription drugs, or have a medical condition check with an appropriately qualified practitioner before using products.
4.3 As individuals we all have different constitutions, sensitivities, allergic reactions and possible health conditions. However, we shall not be responsible or liable for any kind of reaction/ adverse effect or symptoms as a result of use of any of the products listed on our website.
5. PRICE AND TERMS OF PAYMENT (NOTE: WE CANNOT CONFIRM PRICES PRIOR TO ACCEPTANCE OF YOUR ORDER)
5.1. Prices payable for Products are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance.
5.2. We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, you acknowledge that the Product or Service will be provided in accordance with such revised description or corrected price.
5.3 Unless otherwise specified, prices quoted are exclusive of the costs of shipping or carriage to the agreed place of delivery (charges which are stated on the Site); and exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable;
5.4 You agree to pay for taxes, shipping or carriage of Products as such costs are specified by us on the Site when you submit your purchase order.
5.4. Unconditional and Irrevocable Payment shall be made while placing order and by such methods as are indicated on the Site (and not by any other means unless we have given our prior agreement).
5.5. On acceptance or the order by us, the payment shall stand appropriated to our account absolutely.
6. DELIVERY AND RISK
6.1. Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While we endeavor to meet such timescales or dates, we do not undertake to dispatch Products by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
6.2. Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
6.3. If you refuse or fail to take delivery of Products provided in accordance with these Terms, any risk of loss or damage to the Products shall nonetheless pass on you and without prejudice to any other rights or remedies we have:-
6.4. We shall be entitled to immediate payment in full for the Products delivered and either to effect delivery by whatever means we consider appropriate or to store Products at your risk;
6.5. You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery;
6.6. We shall be entitled 30 days after the agreed date for delivery to dispose of Products in such manner as we determine and may set off any proceeds of sale against any sums RECOVERED from you.
6.7. Save as otherwise provided in these Terms, risk of loss of 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.
7. REFUND AND REPLACEMENT POLICY
(FOR REJECTION, DAMAGE OR LOSS OF GOODS IN TRANSIT)
7.1. Except as set out above or under any applicable Returns Policy and 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) Damage to 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) where notified to us within 7 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 14 days of receipt of the Products.
7.3. Where there is a shortage or failure to deliver, or any defect in or damage to a Product or Service, we may at our option:
(a) (in the case of Product shortage or non-delivery) make good any such shortage or non-delivery and/or
(b) in the case of damage or any defect(s) in the Product and in accordance with any applicable Returns Policy:
(c) Replace or repair the Product upon you returning the Product; or;
(d) Refund the price paid in respect of any Products proved to be 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 have been altered by persons other than the manufacturer, us or any authorized dealer; and/or
(b) Defective Product or Products have not been returned together with full details in writing of the alleged defects within 14 days from the date on which such Products were delivered; and/or
(C) Defects are due (wholly or partially) to mistreatment, improper use or storage or failure to observe any manufacturers' instructions or other directions issued or made available by us in connection with the delivered Products.
8. LIABILITY LIMITATION
8.1. To the maximum extent legally permitted, whether or not we were aware or advised of the possibility of damages, 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 you ordered and that are most closely related to your damages and (2) we shall not be liable for 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 indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of us in respect of the Products where this has been done to your (or your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
9.2. To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, we shall have no liability to you in the event of the Products infringing or being alleged to infringe the proprietary rights of any third party. In the event that the Products are or 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 right or title as we have.
10. WARRANTY "AS IS" IN GENERAL - WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS;
10.1. All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no 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 must refer to the manufacturer's specifications or warranty documentation to determine your rights and remedies in this regard.
10.2. You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the Products supplied and should refer to the relevant documentation supplied with the Product in this regard. (If applicable, a Refund Policy may also set out procedures applicable to repairs or replacement of defective Products delivered.)
10.3. Except as expressly stated otherwise in this section 10, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. These terms state your sole and exclusive remedies.
11. CONSENTS, CUSTOMS DUTIES & EXPORT
If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Products by you, you shall obtain such license or consent at your own expense and if necessary produce evidence to us on demand. Failure to do so shall not entitle you to claim any refund of the price/amount paid to us. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.
12.1. Any notice or other communications in relation to our contract may be given by sending the same by 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 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 received.
12.1.1. In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter);
12.1.2. If posted, 5 working days after the date of posting;
12.1.3. If by fax, on the date of the transmission 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 being 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 that the sender has not received notification of unsuccessful transmission.
13. PERSONAL INFORMATION AND YOUR PRIVACY
13.2. In relation to security of orders that you place with us:
13.2.1. Our secure-server software encrypts all your Personal Data including credit or debit card number and 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.
14.1. You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over your rights under these Terms.
14.2. We shall not be liable to you nor held in breach of contract for any loss or damage 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 (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.
14.3. 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 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 fulfillment, has occurred.
14.4. No relaxation, forbearance, delay or indulgence by either you or 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. No waiver of any term or condition of these Terms shall be effective unless made in writing and 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 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 the event of any differences, disputes or legal proceedings arising from any dispute;
15.2. The language of any dispute resolution procedure or any proceedings will be English.
16. BO (BUSINESS ORDINANCE) CLAUSE:
"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time".
I understand and acknowledge the following:
(a) Actual product packaging and materials may contain more and/or different information than that shown on the website through which the product(s) are purchased;
(b) I will read and follow all 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;
(c) The content on this website is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional;
(d) The product(s) purchased are not intended to diagnose, mitigate, treat, cure or prevent any disease or health condition, and I will not use any information or statements contained on the website through which this product is purchased, or contained on or in such product(s), for such purposes.