Introduction

Frugivore India Private Limited (the “Website Owner”) operates the website www.frugivore.in (the “Website”). The Website Owner, including affiliates (or "we" or "us" or "our" or “Frugivore”) provides the information contained on this Website or any of the pages comprising the Website to visitors ("Visitors") (cumulatively referred to as "you" or "your" hereinafter) subject to the terms and conditions set out in these Website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. Please read this agreement carefully. By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.

 

Website Availability

Frugivore may suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.

Frugivore reserves the right to make any changes to the Website or to discontinue any aspect or feature of the Website without notice.

In the event that Frugivore, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, Frugivore reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, initiating legal proceedings.

 

Your Status:

By placing an order to purchase Products (Order) through the Website, you warrant that:

1. You are legally capable of entering into binding contracts; and
2. You are at least 18 years old;

The Contract Between You And Frugivore:

After placing an Order, you will receive an email from Frugivore acknowledging that Frugivore has received your order. Please note that this does not mean that your Order has been accepted. All orders are subject to availability of the items that are ordered, and Frugivore will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (out for delivery confirmation). The contract between Frugivore and you (Contract) will only be formed when Frugivore sends you the dispatch confirmation.

Each Contract relates only to those Products whose dispatch Frugivore has confirmed in the dispatch confirmation. Frugivore shall not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed by way of a dispatch confirmation.

For the avoidance of doubt, your contract with Frugivore relates only to your use of the Website and the services available therein.

 

Credit Card or Debit Card Payments:

We have built in relevant security systems on the website based on the prevalent industry standards. Out payment systems are managed by third party payment gateways (CCAvenues), which are a reputed and renowned manager of payment gateways with the relevant security checks built-in. Payments are made only after a multiple level check including encryption and passwords. In a card transaction, you must use your own credit card or debit card or other payment cards. We will not be liable for any payment fraud due to use of your card by any other person, whether known or unknown to you. The liability for use of a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

 

Trademarks:

The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the Website Owner and the suppliers of the products listed on the Website. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of the Website Owner.

 

External Links:

External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us at care@frugivore.in if you would like to link to this website or would like to request a link to your website.

 

Specific Use:

You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby INDEMNIFY the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website.

 

Delivery:

Both parties agree and confirm that:

i)in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or phone number or any other wrong information) Frugivore shall not be obligated to attempt re-delivery. However, if in good faith/upon request from you, we do attempt redelivery, you agree and undertake to bear the additional costs incurred by us for the proposed redelivery – including the cost of delivery and the value of items which are spoiled due to perishable or delicate nature of product being delivered and multiple handlings. Further, if a re-delivery means any extra costs are incurred by us, in addition to the amount you have already paid, you warrant to make such additional payment promptly upon request made by us.

ii)in the event that a non-delivery or delayed delivery occurs on account of a force majeure event,riots, terrorism, sabotage, epidemic, quarantine restrictions, accident, fire, flood, tempest, earthquake, civil commotion, traffic jams, heavy rains or storm, barricading, curfew, traffic restrictions, transport strike, governmental action or other causes, which are beyond the control of one party, other party shall not be entitled to any claim for damages against the other in respect of such non-delivery or delay in delivery.

1. in the event that a partial or full, non-delivery or delayed delivery occurs on account of a decision or mistake on our part, to that extent of missed or delayed delivery, you shall not be obligated to pay (for non-delivery) and not obligatedto accept the delivery (for delayed delivery). If you have already made payment for a delivery which is missed due to an act on our part, and you choose not to receive a re-delivery or a delayed delivery or an equivalent credit to your e-wallet, we shall refund that amount to the source of payment within 07 working days.

 

Frugivore Returns Policy:

It is our sincere endeavor to serve you with good quality products. If you happen to receive a defective product at the time of delivery, you can refuse the products at the time of delivery and get refund to the e-wallet or refund to the source,at your option. If you notice a defect or deficiency in a product after delivery has been accepted by you, you can raise a return or replacement request by sending an email to care@frugivore.in or by clicking on the “complaints/suggestions” button in the “my orders” page in “my account” section of our website, within the timelines specifically defined in our Cancellations and Returns policy. The request received after the applicable periods will not be entertained. For returns initiated within the allowed period, we will refund the amount to e-wallet or to the original payment source within 07(seven) working days.

 

Limitation of Liability:

The aggregate liability of the website ownersand its directors, officers, employees, agents, sub-contractors,to the user of the website in respect of any claims, losses, costs or damages arising out of the sale of products or services on the website shall not exceed the total amount of payment received from a user. In the event of our product or services being found defective we are liable to make good any actual and direct loss for the amount paid by you to us and under no circumstance shall we be liable for any indirect, consequential, special or exemplary damages or losses. No liability shall be admissible towards the claims arising out of any alleged bodily injury, disease, sickness orindisposition of any individuals as a result of the possession orconsumption or use of any product sold through our website.

 

Product Recall:

If the website owners, in good faith decide to recall a product due to an actual product defect, a perceived product defect, intended product improvements, in response to consumer complaints or any other reasons whatsoever, then the buyer of those products shall be intimated via email or message or phone call. It shall be at full discretion of the purchaser whether he or she chooses to respond to a product recall notice and whether to return the product or not. If the purchaser chooses to return the product he or she shall receive full refund or credit to their e-wallet or replacement for the amount spent including the purchase, delivery, pick-up or any associated charges. If the customer chooses not to respond to the recall notice or is unable to respond to recall by virtue of having already used the product, then such user shall not be eligible for any refunds.Irrespective of whether the user chooses to return the product(s) in question or not, the Company’soverall liability shall remain limited by the total amount actually paid by the customer as described in clause “Limitation of Liability” hereinabove.

 

Best Before Date for Fresh products:

The primary purpose of the website is to sell to our consumers good quality food products including fresh (fresh fruits, vegetables, dairy, meat and related products), near-fresh food products (example cut or washed vegetables, cold pressed juices etc.) and other food products. As the user might be aware,fresh food products are subject to perishability within a relatively short shelf life. There are guidelines regarding their consumption prior to a mentioned “best before date” and the applicable storage conditions. Owing to the fact that the fresh products are natural products, which are subject to natural processes and phenomena, which are, not comprehensively enlisted,not completely understoodand not  fully controllable,fresh products may change some of their characteristics like colour, taste, texture or freshness and may become unfit for consumption even prior to the suggested best before date. On the other hand, a product past its “best before date” mentioned on the packaging, may lose some or all of its freshness, taste, aroma or nutrients. It may be unfit or unsafe to eat but not necessarily so.We have not conducted any research & development to arrive at a scientifically accurate “best before date”for the fresh products. The “best before date” mentioned on our fresh product packages has been mentioned, in good faith,to help you decide the duration during which the product remains consumable, based on our best estimates of shelf life duration after which a product might not remain fit for consumption, if and only if, the advised storage conditions (temperature, moisture etc) have been strictly followed. However, you should consume a fresh product,even before its “best before date”, relying on your own senses (smell, sight, taste, touch etc.) and not indiscriminately relying on the mentioned “best before date” on the package. You should consume a fresh product being fully aware that the ultimate responsibility to decide whether to consume or when to consume a fresh product lies with yourself. This advice is not meant to absolve us of our commitment to deliver good quality products to you and if you find that a product has been delivered to you in a defective or deteriorated state, we commit to either refund the amount paid or give you an equivalent credit in your e-wallet, at your choice. Any such issue has to be highlighted at the time of delivery or immediately after the delivery more fully described in our Cancellations and Returns Policy.

 

Claimed or Actual Health Benefits of Products:

The products marketed and sold on the website may mention certain health benefits by therespective manufacturers, suppliers, importers or distributors of those products. Further, certain natural products have perceived health benefits which are prevalent common beliefs (Example: Amla/Indian gooseberry boosts immunity) supported by various media, web forums, blogs and publications. Any such claims have not been independently verified by us and we don’t undertake any responsibility for the accuracy or truth of such claims. User of the website should do their own independent research to reach at the conclusion of health benefits of any productwhether natural or processed.

 

Perceived or Actual health risks of the products:

The products marketed and sold on the website may pose health risks for individual based on their gender, age groups, health conditions, category (ex: pregnant women) or individuals suffering from certain allergies or diseases. Such individuals have to do their own research and consult their own sources of advice whether to consume any one or more products listed on the website. No specific health warnings have been mentioned against the individual products for any unsuitability or risks associated with their consumption. Any such risks have neither been researched by us nor published on the website. User of the website should do their own independent research to reach at the conclusion of health benefits of any product whether natural or processed. For example: if Mango is unfit for diabetic patient of a certain type and age – it will NOT be mentioned against the product “mango” being sold on website and the individuals buying the Mango are expected to know the risks and suitability of its consumption.

 

No Commercial Use:

This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

 

Visitor Registration:

Visitors will need to register with the Website in order to use some of the services or features made available on this Website. When you register, you are required to provide information about yourself that is current and complete for the purpose for which it is sought (example: your delivery address and your phone numbers). Should any of your registration information change, please notify us immediately either using the Website’s automated service, or via e-mail at care@frugivore.in. We may change registration requirements from time to time.

 

General

Entire Agreement:

These website terms and conditions along with the i) Privacy policy and ii) Cancellation and returns policy constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.

 

Alteration:

The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

 

Conflict:

Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

 

Waiver:

No indulgence or extension of time which either party may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

 

Cession:

The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, at its own discretion.

 

Severability:

All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

 

Applicable Jurisdiction:

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Delhi, India in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

 

Comments or Questions

If you have any questions, comments or concerns arising from the website or any other relevant terms and conditions, policies and notices, please contact us at care@frugivore.in