Terms & Conditions
1. SCOPE
& APPLICATION
1.1. These terms of sale ("terms") apply to all offers, sales and
purchases of Natural Home Made Food and lifestyle
products which are sold through the website on which we post these conditions
("site") by: (a) us, hollasfood.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 "“ hollasfood.com”", is owned and operated by hollasfood.com.,
and 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 “hollasfood.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withdrawn or revised at any time prior to our express acceptance of your order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 PRODUCTS.
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 these are 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. NOTICES
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
13.1. We will observe applicable data protection laws and
will not use information that does or can be used to personally identify you
("Personal Data") you other than as set out in our Privacy Policy
("Privacy Policy"). By submitting your Personal Data in relation to
your order, you consent to such Personal Data being processed to fulfill your
order and in accordance with such Privacy Policy.
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. GENERAL
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.
ACCEPTANCE
This purchase is a direct transaction between you and hollasfood.com.
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.
Place: Thirthahalli
1.1. These terms of sale ("terms") apply to all offers, sales and
purchases of natural food and lifestyle
products which are sold through the website on which we post these conditions
("site") by: (a) us, hollasfood.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 "“ hollasfood.com”", is owned and operated by hollasfood.com.,
and 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 “hollasfood.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 PRODUCTS.
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 these are 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, licencor'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 merchant ability, 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. NOTICES
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
13.1. We will observe applicable data protection laws and
will not use information that does or can be used to personally identify you
("Personal Data") you other than as set out in our Privacy Policy
("Privacy Policy"). By submitting your Personal Data in relation to
your order, you consent to such Personal Data being processed to fulfill your
order and in accordance with such Privacy Policy.
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. GENERAL
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 Karnataka, 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.
ACCEPTANCE
This purchase is a direct transaction between you and hollasfood.com.
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.
Place: Thirthahalli