Terms and Conditions
BIGBROTHER NUTRA CARE PRIVATE LIMITED
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR USE AND ACCESS OF THIS WEBSITE.
In these terms and conditions (the “Agreement”), “we” means BIGBROTHER NUTRA CARE PRIVATE LIMITED ; and “you” means our customer or prospective customer, and “us”, “our” and “your” should be construed accordingly.
If you are unwilling to be bound by this Agreement, please do not access or use our website www.kalimeragold.com
We may terminate, without notice, your access to the website for failure to comply with this Agreement.
We try our best to provide accurate and complete information on our website; however, all information is provided without any implied or express warranties.
Please check this page from time to time to ensure you agree with the changes that will be binding on you.
1. ORDER PROCESS
No contract will come into force between you and us unless and until you make the payment for the order you made and the steps which are required to be followed before it is followed.
- The following types of products are or may be available on our website from time to time: organic products and ethnic products.
- We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
- Our prices and delivery charges are quoted on our website. We reserve the right to change the prices without giving any notice to you.
- All amounts stated in these terms and conditions or on our website are stated inclusive of GST.
- We accept all major credit cards.
- You must promptly pay the price of the products as agreed between us.
- Our policies and procedures relating to the delivery of products are set out in this Section 5.
- We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
- We will use reasonable endeavors to deliver your products on or before the date for delivery set out in the order confirmation; however, we do not guarantee delivery by this date.
- We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 3 business days following the order confirmation or receipt of payment, where applicable.
- We will only deliver products to countries/areas available for selection on the drop down menu of our shipping address section of checkout.
6. CANCELLATION AND REFUNDS
- You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
- beginning upon the submission of your order; and
- ending at the end of 15 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them.
- In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 6, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision.
- If you cancel a contract, you must send the products back to us. You must comply with your obligations referred to in this Section 6 without undue delay and in any event not later than 5 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
- If you cancel an order, you will receive a full refund of the amount you paid to us (excluding the costs of delivery), except as otherwise provided in this Section 6.
- Generally, due to hygiene reason, we will not accept any products whose original sealed packaging is open.
- If the value of the products returned by you is diminished by any amount as a result of the handling or opening of hygienic sealed packaging of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the full products price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a physical shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.
- We will refund money using the same method used to make the payment unless otherwise is mutually agreed.
- We will process a refund due to you as a result of a cancellation within the period of 14 days after the day on which we receive the returned products. If we have not sent the products to you at the time of withdrawal or cancellation, we will process a refund due to you without undue delay and, in any case, within the period of 21 days after the day on which we are informed of the withdrawal or cancellation.
- You will not have any right to cancel the order insofar as it relates to the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you.
- Only items that have been purchased directly from our website can be returned. Similar products purchased through other retailers are not accepted for return or refund.
- We may cancel an order by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control. We will refund any money which is paid to us for which we could not fulfil the orders.
7. WARRANTIES AND REPRESENTATIONS
- You warrant and represent to us that:
- you are legally capable of entering into binding contracts;
- you have full authority, power and capacity to agree to these terms and conditions;
- all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
- you will be able to take delivery of the products in accordance with these terms and conditions.
- We warrant to you that:
- we have the right to sell the products that you buy;
- the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
- you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions; and,
- the products you buy will correspond to any description published on our website.
- All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law, all other warranties and representations are expressly excluded.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
All content included on our website, such as trademarks, trade names, designs, logos, images, text, video, and other material is owned by us or exclusive property of our suppliers and is protected by the applicable laws.
9. INTELLECTUAL PROPERTY GUIDELINES:
The above-described Contents, which are owned by the Company or its licensors, are protected by Indian law, including laws governing copyright, trademark, and other intellectual property rights. Users are not permitted to alter, publish, communicate, participate in the transfer or sale of, reproduce, create a new work/ derivatives from, distribute, perform, or otherwise use in any way any of the Contents or products, in whole or in part. Any such behaviour by the User gives the Company the right to file a lawsuit against such User.
10. PROPRIETARY RESTRICTIONS
- The website, including its layout, design and content, is exclusively owned by us. Any website users have no right, and specifically agree not to do the following with respect to the website or any part, component or extension of the website:
- copy, transfer, adapt, modify, distribute or reproduce it, in any manner;
- reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization;
- modify or create derivative works;
- remove any copyright notice, identification or any other proprietary notices, or;
- use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other users’ enjoyment of the website. Users also agree not to permit or authorize anyone else to do any of the foregoing.
11. RIGHTS WE GRANT YOU
- We grant you a non-exclusive, non-transferable, and limited right to view and download our material from the website temporarily for personal and non-commercial purpose only. You may not attempt to extract information from the website. This license will terminate upon your breach of these restrictions.
- We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
12. THIRD PARTY SERVICES AND CONTENT
Our website may contain links to other websites that are not owned or controlled by us. You will no longer be on our website if you use these links. We are not responsible for any content or other information found on any other websites. We do not endorse or make any representations with regard to any other websites, or any content found on other websites.
- We may revise these terms and conditions from time to time by publishing a new version on our website.
- A revision of these terms and conditions will apply to the orders/contracts entered into at any time following the time of the revision but will not affect contracts made before the time of the revision.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. NO WAIVERS
- No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
- No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. THIRD PARTY RIGHTS
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. ENTIRE AGREEMENT
These terms and conditions, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
19. GOVERNING LAW AND JURISDICTION
- These terms and conditions shall be governed by and construed in accordance with the laws of the Government of India
- Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the India courts.