Terms & Conditions
Below mentioned are the terms and conditions (“Terms”) on which Nutragini(the “Company”, “We”, “Us”) supply to its customers (“Buyer”, “You”, “User”) any of the products (“Products”) listed on www.nutragini.com (“Website”) or ordered via our call centre or by mail. .
The Company does not offer delivery of our Products to You. Delivery services (“Delivery Services”) are provided to You by third party Delivery Services.
Please read these Terms carefully before ordering any Products from the Company. By ordering, the Customer acknowledges it has agreed to these Terms.
You should print a copy of these Terms for future reference.
Website
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website.
We reserve the right to refuse to provide You with access to the Website if We discover any breach of contract. If You are registering as a business entity, You represent that You have the authority to bind the entity to this User Agreement. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if We receive an order from such states or to be delivered to such states under such circumstances We retain the right to accept or reject the order. Except where additional Terms are provided which are product specific, these Terms supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
By using the services of www.nutragini.com You agree to be bound by the Terms.
How the Contract is formed between you and the company
After placing your order via our Website for Products, You will receive an e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy Products from Us. All orders are subject to acceptance by Us. We will notify You where Products may not be available.
Your Contract with Us will relate only to those Products not notified as out of stock. We will not be obliged to supply any other Products which may have been part of your order until the Products are available.
Price and Payment
The price of any Products will be as quoted on our Website and in our catalogue and promotional material from time to time, except in cases of obvious error. These are the price for the Products only. These prices do not include the charge for the Delivery services. All VAT will be included in the final price where applicable.
Prices of Products are liable to change at any time, but changes will not affect orders in respect of which We have already sent You an order acknowledgement.
Our Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, We will charge the lower amount. If a Product’s correct price is higher than the price stated on our Website, We will normally, at our discretion, either contact You for instructions or reject your order and notify You of such rejection
Usually, the Company takes no delivery charges for shipping within India, nevertheless, if the Buyer’s address is not covered under our standard Delivery Services than the Buyer may have to incur the Delivery charges. The price of the Delivery services offered will be displayed on our Website and in our catalogue and promotional material.
Medical Disclaimer
Whilst The Company uses reasonable efforts to include accurate and up-to-date information on this Website, it makes no warranties or representations as to the accuracy or reliability of such information or material linked to or from this Website. The Company cannot monitor the content not produced by The Company and any views expressed by third parties on these pages are not representative of the views of The Company. The information provided on this Website is for guidance only and it does not constitute medical advice. If in doubt, before undertaking any course of food supplements You should seek medical advice from your doctor.
Our products are not intended to treat, cure or prevent any disease, nor is the information supplied in our magazine/catalogue or other promotional material intended to replace the individual advice available from your own doctor. If You have a recurring health problem that worries You, always tell your Physician. If You are taking prescription medicine, please consult your doctor before taking our Products. If You experience an adverse reaction, stop taking our Products and seek medical advice.
Written Communications
Applicable laws require that some of the information or communications We send to You should be in writing. When using our Website, You accept that communication with Us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our Website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal requirement that such communications be in writing.
Transfer of Rights and Obligations
The contract between You and Us is binding on You and Us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Forece Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Severability
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
These Terms and any document expressly referred to in them represent the entire agreement between You and Us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between Us, whether oral or in writing.
You and We each acknowledge that, in entering into a Contract, neither of Us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between Us prior to such Contract except as expressly stated in these Terms.
Neither of You or Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of a Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
Our Rights to Vary these Terms and Conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and Terms in force at the time that You order Products from Us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if We notify You of the change to those policies or these Terms before We sell You the Products (in which case We have the right to assume that You have accepted the change to the Terms, unless You notify Us to the contrary within seven working days of receipt by You of the Products).
Indemnification
You agree to defend, indemnify and hold harmless Nutragini, its employees, directors, officers and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms and Conditions or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
Intellectual Property
The content of our Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Company Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.nutragini.com without written permission from Us.
Termination
If You do not wish to be bound by the Terms, You must not subscribe/register to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
Law and Jurisdiction
Contracts for the purchase of Products through our Website will be governed by as per the Indian law. Any dispute arising from, or related to, such Contracts shall be subject to the jurisdiction of the courts of Chandigarh, India.