Terms and Conditions

1.GENERAL:

This is an electronic document record in compliance with the  Information Technology Act, 2000 rules thereunder as applicable and pertaining to the electronic records in various statutes as amended by the Information Technology Act, 2000.  This document is in accordance with the provisions of Rule 3 (1) (Intermediaries guidelines) Rules, 2011,under the IT Act which mandates for the publishing of rules and regulations, privacy policy and terms of use for access or usage of this Website and Mobile application. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Veg Shopper  is an online platform for the purchase of food products like fruits, vegetables and related items owned and operated by Herbi Veg Shopper Private Limited  incorporated and registered under the Companies Act, 1956, which shall be herein referred to as the “Company” throughout this document.

By accessing and using the contents of this website www.vegshopper.in constitute as a legally binding agreement between you and Herbi Veg Shopper Private Limited  (the "Company") under the above mentioned act and any services offered by the company including but not limited to delivery of content via the ‘website’, or by mobile or any internet connected device or otherwise (the "the Service"). The use / access of the ‘Website’ and mobile application by the User/Customer, its related sites and hyperlinks, shall be governed by the terms, conditions and policies, rules of the “Company”. This is applicable to all the users who access this website and its Mobile application.

By becoming a registered customer or by subscribing to the updates of the website , you accept and comply to the terms and conditions of this website and the “Company “thereby clicking the “Accept” button. When an order is placed by the User/Customer , you shall be bound by this agreement to its terms and conditions and rules of the “ Company”.  If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the " Accept" button and do not subscribe or seek to obtain access to or otherwise use the Website and application. Thus by continuing to use the ‘website’ becomes implied that you have read and understood well the regulations , terms and conditions of this document.

2.DEFINITION :

"Agreement" shall mean the terms and conditions of the “ Company” as detailed herein including all attachment, appendices, annexures, Privacy Policy, Disclaimer and shall include “all” the references related to this Agreement and as may be amended, novated, supplemented, varied and revised from time to time.

"User/Customer" shall mean the end user accessing the Website and the mobile application, its contents and using the services offered through the Website and the Mobile application.

"Customer"/"Buyer" shall mean the person or any legal entity who access the Website its Mobile application and places an order for and or purchases any products and its services.

"Acceptance" shall mean you have agreed and accepted this document and thereafter proceeds to purchase and the sequentially accepts by clicking the “check out” button , continues to the payment page.

"Pay Now" button applies to ,while transaction is made by/ as User/ Customer or such implies , your ‘acceptance’.

"Product" shall mean the Products offered for sale on the website and the Mobile application from time to time.

“Subscriptions” contains the information from  time to time  and the description of the Services for the User/Customer, provided by the Company in writing or contained in the website or Mobile Application, which shall be send to the customers/users through email or Phone messages.

“Registration Data” is the database of all the particulars and information supplied by the User on initial registration and subscription, including but without limiting to the User's name, telephone number, mailing address, account and email address.

"Payment Facility" shall mean applicable mode of payments made available to User from time to time.

"Content" means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code collectively impliedly or expressly, accepting this User Agreement, Policies and Terms and Conditions.  You also accept and agree to be bound by Rules, Policies and Terms of the “Company” as provided from time to time in its Website and Mobile application and its corresponding hyperlinks.

3.PERSONAL DATA AND REGISTRATION :

Our website offer services to both registered User as well as for the unregistered Users. However, while clicking the button “BUY” and following to the page of “PAYMENT”, the “ Company” collects the required identifiable information of the “BUYER” which shall include the First name and the last name, Email, Address, Residential address, Mobile phone number, Land Line number, Postal Code, Demographic profile such as the age, gender, etc. and also shall store in its cookies of the desired User/customer, who has viewed already etc. and also the similar browsing information.

IF the User/Customer gets himself as a Registered User, it is the responsibility of the USER/CUSTOMER to maintain and secure the ,user id and password and its confidentiality. It does not become the responsibility or liability of the Company, if there is an unauthorised access to the access or activities of the details of the USER/CUSTOMER, through the use of their computer systems whether Mobile,Tabs,Computer ,Laptops, and their internet networks, and also the email IDs, and the phone numbers as the case may be.

By this document the USER/CUSTOMER do agree to upload and provide the data required, must be true and  accurate and current and complete to the best of His/her knowledge. IF the information or the data provided turns untrue or wrong, and also which is against or not in accordance to  the Terms and Conditions and to the rules and regulations of the “Company”, the “Company” does not take any liability or responsibility for the same, as well as , if the information provided violates the Rule (3) of the IT Act, legal remedy shall be taken from the legal team of the “Company.

The “Company” collects information only for their working process and only as a voluntary registration process.

To Register with and to shop with www.vegshopper.in, the USER/CUSTOMER, SHOULD  be 18 years of age or over. The “Company” and its website does not allow any purchases for those below the age of 18.  Individuals who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872,  including but not limited to minors,  are not eligible to the use and the Services provided by the Company. Children under the  age of 18 may utilize the Service of the website under the involvement and guidance of their parents and / or legal guardians, under their registered account. IF such a violated situation arises, the purchase shall be termed as a cancelled order.

 4.USER/CUSTOMER’S LIABILITY :

Any unauthorized access to the ‘website’ is strictly not allowed, which shall deter or disrupt the functioning of the ‘website’ and the functioning of the “Company”. IT is the onus and the responsibility of the User/Customer to ensure and thereby provide information by Him/her is true, correct and complete to the best of knowledge and belief.

The User/Customer shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by ,any other User on  www.vegshopper.in  except such data and information which is posted by the particular User himself.

The User/Customer shall not provide information or data that does not legally belong to him.

The User/Customer shall not grossly harm, harass, do blasphemous, defamatory, obscene, pornographic, invasive of another or to another’s account or be hateful, or be racially, ethnically objectionable, be disparaging, be relating or encouraging money laundering or gambling, or otherwise unlawful acts in any manner what so ever.

The User/Customer shall not download or duplicate or publish any unvalidated data or delete, vary or amend or use any data or personal information posted by any other User/Customer on our ‘website’ except for such data and information which is posted by the User himself.

The User/Customer shall not infringe on any intellectual property rights of the “Company” nor retain information in any computer system or otherwise or with any intention to do so.

The User /Customer is prohibited to post or transmit any such information or software, which contains a virus, worm or other harmful component into the internet or the “Company’s network system.

In the event of the  User breaching any of the above mentioned covenants, the Company shall have the right to delete such violating material. The Company reserves its  rights to suspend or to deactivate the User/Customer’s account and access to the “Company’s website and its Services and/or any other related facility in case of the violation of terms of use. In addition, to the right to indemnity available to the Company, the Company shall have the right to sort to legal remedy against the User/Customer, to recover for the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.

The User/Customer shall not do any act that threatens the unity, integrity, defence, security or sovereignty of India as a Nation, and its friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offense or is insulting any other nation.

5.PRICE POLICY / ORDER AND PAYMENT :

An order can be placed on our Website and also our Mobile application and choose any of our modes of payment available . In case of payment is done offline, Buyer needs to pay the invoice amount in cash / coupon / card at the time of delivery of the Product at its doorstep/preferred location.

The address details should be accurately be mentioned in the order form, for their preferred delivery location, for , which if any errors/misappropriation happens, the “Company” shall not be liable or responsible for any loss or damage arising directly or indirectly to you.

All products shall be sold in Indian Rupees either at Maximum Retail Price or at seasonal offers (with the taxes) as the “Company” feels to do so. There shall be promotions/discounts at seasons as decided and done by the sole discretion of the “Company”. No other form of currency shall be facilitated the transaction.

Prices and taxes thereon in respect of all products are subject to change without prior notice from time to time according to the market fluctuations, even though not on daily basis, but as and when the situation arises and the cases may be. Yet we shall strive to provide you our services at the best prices we can afford on our Website and Mobile application. Discounts and offers may vary from time to time and it is the discretion of the Company to make themselves avail for the offers according to season and outside market fluctuations. In case of products such as Fresh Food, Vegetables and Fruits etc. the delivered weight may have variations due to weather changes, but products shall be billed accordingly on the actual weight.

Despite our best efforts, there may be an instance of mispricing of items in our catalogue/offer on  our ‘website’ and our mobile application. However, we ensure to  verify the prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, you may return at the time of delivery or we may not supply the product unless the problem get resolved and if you do not want to purchase the Product in such higher price we shall cancel your order and refund you the amount paid by you for such canceled transaction as per existing refund policy.

The User/Customer agrees and acknowledges that the payment procedure may call for and require additional verification or information from the User/Customer and it is their undertaking to provide complete, correct and proper information.

The company uses third party payment providers/Payment Gateway,  to receive payments from User/Customer. Company is not responsible for delays or erroneous transaction execution or cancellation of the subscription due to payment issues. The Company takes utmost care to work with the third-party payment providers/payment gateway, but does not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment providers.

The “Company” offers the User/Customer, multiple payment options both online and offline, however, it shall reserve its right to add or delete any mode of payment without any prior notice.

Offline Payment option:- Cash on Delivery (CoD) – This  Payment option, can be available only for maximum value for orders from Rs. 500 The Customer/Buyer needs to make payment in cash to the delivery person at the time of receipt of delivery of the products at its delivery location.

Online Payment option:- An EDC machine shall be available with the delivery person to facilitate  for the Credit / Debit Card payment at the delivery location . However , if network connectivity becomes or if there happens to be any technical glitch or if it does not work due to any other reason you shall make the payment by cash.

Food Coupons on Delivery - Food Coupons shall be accepted at the sole discretion of the      “Company” on certain category of food items. At times, the items may have a change for availability on food coupons without prior notice . At such situations, you shall have the option to cancel the item/order or shall pay by cash or card.

In cases where payment is attempted but remains unsuccessful and a successful charge slip does not get generated, you shall make the payment in cash for that particular order. In certain cases though you may receive a payment confirmation SMS from your bank, the amount generally gets reversed in the same account. You may raise the incident with customer care number on the back of payment card to reverse the amount in case of unreasonable delay.  We will not be responsible for such failed attempts due to any network or technical reasons. If a complaint or a request is raised by the Customer, we, shall do the due verification of the case,  may give a written confirmation of the non-receipt of payment for you to appropriately take up with card issuing bank.

5.1  Acceptance  and  our online payment modes include: 

1. Credit Cards

2. Debit Card

3. Net Banking

4. Wallet Payment

We accept all major credit/debit cards issued in India. Customers may be asked to  submit a copy of their photo identity as proof. The “Company” is not liable for invalid /denied transaction upon the card details provided. It is the total liability of the customer to provide accurate and genuine details. However, the “Company” reserves its right to deny acceptance of any card payment at times, at unprecedented situation arises without any prior notice. International credit/debit cards are not accepted.

The “Company” reserves its right to fix price of their products in the Website and Mobile application without any notice. Prices stated at the time of an order placed shall apply in respect to that order.

In cases where the payment does not get successfully communicated to our system due to some network or technical issue , the order shall not be processed and shall be refunded. The refunds shall be processed after deducting the charges incurred by the Payment Gateway.

The User/Customer acknowledges through the damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction is not the liability or the fault of the “Company” and it is beyond the control or limits of the “Company”.

5.2  Security:

The data entered by the User/Customer regarding their Credit card and Debit card information is not stored by the “Company” or anyone related to the “Company”. This information is taken directly by the payment gateway provided who is authorised and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

 6.RETURN, EXCHANGE & REFUND :

We endeavour to provide the best of the products to our customers and ensure to provide maximum satisfaction to our customers. We have a "no questions asked return and refund policy" which entitles all our members to return the product at the time of delivery ,if,  due to some reason they are not satisfied with the quality or freshness and the physical condition of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site.

Products once sold and delivered to you, shall be eligible for return only if the product condition is found to be damaged, broken, faulty or different from the ordered one. You can return the product(s), purchased from us under your order as per below, provided the product(s) packs are sealed/unopened/unused and in original condition.

The amount shall be refunded depends upon the mode of payment chosen by you. Sometimes, banks or financial intermediaries take a longer time to process the refund request. However, you may contact us with our number +91 85905 53203 mentioned and we shall be glad to help you.

7.DELIVERY/SHIPPING POLICY:

Delivery Timelines: We will make every effort to get your order delivered to you as per your convenient/ chosen available slot. We request you to check the quantity , condition of the ordered products and also the order form, at the time of delivery. Any complaint shall be lodged with the(+91 85905 53203) ,time period from the date of delivery.

The products ordered shall be available for delivery during the delivery hours and days, mentioned in the  “Company” website. If you fail to take delivery at the time and date mentioned, your order and delivery thereof shall be treated as cancelled.

The “Company “ is not liable if the address mentioned in the order form is wrong, and if the person who is at the address refuse to accept the delivery.

It is the responsibility of the User/Customer to count and check all the products while accepting the Products as per your Order. No disputes/claims shall be accepted the products are accepted and delivered at the delivery location mentioned in the order.

8.SHIPPING CHARGES:

Delivery charge will be leviable for each delivery. However while the “Company” may run certain promotions / offers or prescribe minimum order value , according to the seasons, for each transaction to waive the delivery charges.

8.1   Order Tracking: 
An email or an SMS shall be sent to you on the email address and mobile number provided by you on the "Billing Address" and Order placed at the time of purchase. You can track your order online by the ID Tracking number sent to you by us on your Mobile/Email.

8.2   Delivery Locations: 
We currently deliver orders to selected pin codes/areas only in and around Kerala. Our support team shall be available 24/7 at  +91 85905 53203

 9.TERMINATION /CANCELLATION POLICY:

This User/Customer Agreement shall be effective from the date and time of your usage of the website for purchasing our products. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. It is solely the right of the “Company” to terminate this Agreement at any time without any prior notice. All rights not expressly granted herein are exclusively reserved to the “Company”, and thereby the User/Customer shall be denied access to the website.  Such termination will be without any liability to us. However, such termination or cancellation of the User Agreement shall not cancel your obligation to pay for the product already ordered from the “Company” website or affect any liability that may have arisen under the User Agreement.

9.1  Waiver: Failure to enforce any provision of the Terms or respond to a breach the User/Customer shall not in any way waive our right to enforce subsequently any provision of the Terms or to act with respect to similar breaches.

9.2  Disputes: Any dispute arising out of these terms and conditions, user agreement, privacy policy or the documents they incorporate by reference and/or your use of the Website and application shall be governed and construed in accordance with the laws of India, notwithstanding any conflicts of law.

10. JURISDICTION:

You specifically consent to submit any dispute arising out of these terms and conditions/User agreement to the jurisdiction of the courts of Kerala, India.

11.GRIEVANCE REDRESSAL:

Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to [email protected]

12. DISCLAIMER:

This Website and application provides Content without any warranties or guarantees and in an "As Is" and "where is" basis. The “Company “shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website and application. The “Company” or, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and application or that the operation of the Website and application shall be error free and/or uninterrupted. Consequently the “Company” and its affiliates/associates assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and application; and/or any interruption or errors in the operation of the Website and application.