TERMS & CONDITIONS

The Terms and Conditions (T&C) described below constitute an electronic contract, enforceable as per provisions of the Information Technology Act, 2000 and Rules made thereunder, as amended from time to time. Please note that the T & C will not require any signature for acceptance and enforceability. We encourage our esteemed customers to read these terms fully before purchasing any dry fruits from our website.

Offer and Acceptance:

The Customer agrees to these T&C by accessing this Website. All commercial/contractual terms are offered by and agreed to between Customers and S.M. Dryfruits alone.

S.M. DRYFRUITS may include additional or conflicting terms and conditions of sale in the dry fruits listing or dry fruits description as made available on the website (‘Additional Terms of Sale’). If there is any conflict between the T&C and the additional terms of sale, the additional terms of sale shall take precedence to the extent of such conflict and in relation to that sale.

S.M. DRYFRUITS may at any time modify the Terms and Conditions for use of the Website without any prior notification to the customers. If a customer does not agree with the T&C he/she is advised not to buy or attempt to buy any dry fruits listed on the Website. However, if the customer continues to use the service he/she shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.

Limitations:

Services associated with the Website would be available to only select geographies in India as solely determined by S.M. DRYFRUITS.

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 as detailed in the Privacy Policy are not eligible to use the Website.  S.M. DRYFRUITS shall not be held directly or indirectly liable for any damages arising from the customer’s or any 3rd party’s misuse or violation of the Terms & Conditions of the S.M. Dryfruits site, and any other related policies associated with the Website.

S.M. DRYFRUITS does not implicitly or explicitly endorse or advertise the dry fruits and associated brands on the Website. References on this Website to any names, marks, dry fruits or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to the Customer and do not in any way constitute or imply to be S.M. DRYFRUITS’s endorsement, sponsorship or recommendation of the third party, information, Dry fruits and service

Intellectual Property Rights (IPR):

 S.M. DRYFRUITS expressly reserves all intellectual property rights in all text, programs, dry fruits and jams, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of  S.M. DRYFRUITS’s or any third party’s intellectual property rights.

Apart from the brands / Intellectual Property Rights (IPR) owned by S.M. DRYFRUITS, all other trademarks/ brands displayed on the Website are the property of their respective brand owners and displayed on the Website with prior consent by S.M. DRYFRUITS.

S.M. DRYFRUITS hereby allows the Customer to only access the website for personal use and not to download or modify any portion of it. This website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of S.M. DRYFRUITS.

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Site or otherwise disclosed, submitted or offered in connection with the use of this Website (collectively, the “Feedback”) shall be and remain the property of   S.M. DRYFRUITS. Such disclosure, submission or offer of any Feedback on the Website shall constitute an assignment to S.M. DRYFRUITS of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback by the Users.

Representation:

S.M. DRYFRUITS does not make any Representation as to produce being dry fruits proposed to be sold or offered to be sold or purchased on the Website

All offers of sale of dry fruits are governed by the description and specifications of the produce.

Warranty:

With respect to the sale of Product by S.M. DRYFRUITS to the Customer, S.M. DRYFRUITS hereby represents and warrants to the Customer that:

  • M. DRYFRUITS has the right to sell the Products to the Customer through the Website;
  • Customer shall have and enjoy quiet possession of the Products on completion of sale;
  • Products shall be free from any charge or encumbrance in favor of third party;
  • Customer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the farmers or farms of the Product;
  • M. DRYFRUITS has made every effort to display the Products that appear on the Website as accurately as possible. However, any deviance in appearance in actual product cannot be held against S.M. DRYFRUITS.

The Customer hereby represents and warrants to S.M. DRYFRUITS:

  • That the Customer is accessing the Website and transacting at his/her sole risk and is using his/her best informed and prudent judgment before entering into any transaction through this Website.
  • Customer will use the Website for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.
  • Customer will provide authentic and true information in all instances where such information is requested by S.M. DRYFRUITS. S.M. DRYFRUITS reserves the right to confirm and validate the information and other details provided by the customer at any point of time.
  • If upon confirmation the Customer’s details are found not to be true (wholly or partly), S.M. DRYFRUITS has the right in its sole discretion to reject the registration and debar such customer from accessing the Website without prior intimation whatsoever.
  • The address at which delivery of the product ordered by the Customer is to be made will be correct and proper in all respects. Customer is completely responsible and liable for the correctness of delivery address details in this regard.
  • That before placing an order customer will check the product description carefully. By placing an order for a product he/she agrees to be bound by the conditions of sale included in the item’s description.

Pricing Information:

All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. All prices are inclusive of GST unless stated otherwise.

Delivery of the Product:

S.M. DRYFRUITS currently offers two modes of delivery for purchases made on smdryfruis.com.

Home Delivery:

Please note that for all home deliveries, S.M. DRYFRUITS will charge a delivery fee. This delivery fee will be added to the billed amount at the time of checkout, while placing the order online.

Tentative Time for Delivery:

The typical time that is required to process order is 24 hours from receiving the order online. Please note all items (including gifts) will be shipped with an invoice mentioning the price. There is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Customer and S.M. DRYFRUITS for purchase and sale of Product through the Website.

If you believe that the products you ordered are not in good condition, or if the packaging is tampered with or damaged, please refuse to take delivery of the package. In case you find an issue with the product after accepting delivery, you may return the said product and seek recourse as per the terms of refund policy.

S.M. DRYFRUITS will make its best efforts to service all customer orders accurately and on time. However, if in certain pressing situations (including force majeure), we are unable to fulfill an order we will not recompense the customer for the delay or the non-delivery of the orders.

 

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