Terms & Conditions
1. ABOUT THE TERMS
1.1. What is "The Namaste Store"?
- The Namaste Store is an online store website for Namaste Herbals Private Limited products.
- The website is (collectively "Platform") is managed by Namaste Herbals Private Limited.
1.2. When are these Terms applicable and binding on User?
- The Agreement is applicable to any person when they install, download or even merely visit or access any part of the Platform or utilise the Services, such persons are referred to as users, which include without limitation users who are browsers, Suppliers, Resellers, merchants, other purchaser or contributors of content (collectively, "User").
- The Agreement between User and Company is effective on the date on which the Application is downloaded/Website is accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.
1.3. Whether the terms of this Agreement can be modified?
- Users can review the most current version of the Agreement at any time on the Website. Company reserves the right to unilaterally update, change or replace any part of the Agreement by publishing updates or changes on the Platform and such amended provisions of the Agreement shall be effective immediately upon being posted on the Platform.
- It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Application following the posting of any changes constitutes acceptance of those changes.
1.4. What if the terms of the Agreement are not acceptable to User?
- If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By accessing or using the platform, the user irrevocably accepts the Agreement and agrees to abide by the same (as updated from time to time).
2. ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION
2.1. Does a User necessarily need to create an account on the Platform?
- Company does not permit Users to avail the Services on the Platform without prior registration. Users may access the Application by registering to create an account and become a member. The membership is limited for the purpose of buying or selling products, is subject to this Agreement and strictly not transferable.
2.2. For the use of Platform, is a User subject to any eligibility criteria?
- The Services on the Platform shall be availed by User(s) who can form legally binding contracts under Indian Contract Act, 1872 and are at least eighteen (18) years of age.
- The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if it is discovered that the User does not meet the conditions herein. User(s) accessing or using the Platform represent and warrant that they have the right to access or use the Platform.
2.3. Are there any specific requirements for registering an account on Platform?
- The Users are required to enter a valid phone number while registering on Platform. By such registration, User consents to be contacted by Company via phone calls, SMS notifications, instant messages or other such means of communication inter alia for subscription/services/promotional updates etc. Users may 'opt-out' of such subscription/service/promotional updates either through the ‘opt out’ means provided or by writing to the support team.
- It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agree that if the Company sends an SMS but the Users do not receive it because the Users’ mobile number is incorrect or out of data or blocked by the User's service provider, or the Users are otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the Users effectively.
- It is the User’s responsibility to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
2.4. Can User account registered on Platform be suspended or terminated?
- The Company reserves the right to suspend or terminate the account or access to Services (or any part thereof) or block the User on the Application including blocking any amounts due to the User and associated account without notice and the Users will remain liable for all amounts due up to and including the date of termination, if:
- any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
- User is found to be non-compliant with the Agreement.
- failed or is suspected to have failed to comply with any term or provision of the Agreement or applicable law.
- Further, where the violation of the Agreement gives rise to criminal or civil action, the Company may at its sole discretion pursue such action.
- Without prejudice to the above stated rights of the Company, in case of alleged fraud or other breach of this Agreement by User, Company may at its sole discretion (a) withhold all amounts payable to such User; and (b) impose penalties as the Company may reasonably determine and set off such penalties from the monies payable by Company to such User.
3. PLACING ORDERS AND FINANCIAL TERMS
3.1. How does order placement work on the Platform?
- The Application allows Users to place orders for the products listed by Suppliers on Application and the Application, subject to Agreement herein, facilitates the placement of orders for the products by the Users.
- On receipt of an order from a User, Company shall send electronically a confirmation of such order to Supplier and the User concerned. Further, the Company may inform the User about the availability or unavailability or change in price of the order as informed by Supplier concerned, from time to time. Confirmation of the order by Supplier shall be treated as final.
- The Company does not own, sell or resell any products on its own and/or does not control the Suppliers and only facilitates the transaction between buyers and sellers including User and Supplier as a 'marketplace'. Company makes all reasonable efforts to promptly update the Users account and other information in order to assist facilitate the transaction completion. Hence, Users are required to provide current, complete and accurate purchase and account information for all purchases made at on the Application.
- Additionally, fulfilment of orders to their end users/consumers by Reseller shall be the responsibility of the Reseller inter se such end user/consumer. Any add-on service provided by Platform towards such order shall be provided merely as a service provider of such Reseller by the Platform and accordingly, Platform shall not have any privity of contract with such end user/consumer.
3.2. How are the commercial terms fixed on Application?
- All commercial/contractual terms of sale are offered by Suppliers and agreed to between Suppliers and the Users alone. The commercial/contractual terms include without limitation, price, date, period and mode of delivery, warranties related to products, etc. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Suppliers and the Users.
- Similarly in case of deliveries effected by Resellers using the Platform, the Platform only acts as a service provider for the Reseller facilitating delivery or other service related to an order. Company does not have any control nor does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between Reseller and its end user/consumer.
- Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the Application from time to time. The Company holds the right to change these policies as required in the Application without any permission from the Users.
4. FAIR USAGE POLCY
We always strive hard to provide the best experience to our customers on the platform. To ensure that all customers use our platform in good faith, we keep track of customer behaviour which includes maintaining order history and other details relating to the manner of use of our platform. In the event of any abuse of our platform or the policies, which include excessive returns or refusal to accept shipments which are not otherwise wrong or defective, actions such as levying a service fee, discontinuing COD options, block COD payment etc. may be undertaken to address such issues. Customers whose profiles indicate high volumes of valid transactions on the platform may be offered benefits by suppliers, from time to time, based on their discretion and policies.
5. ACCURACY AND COMPLETENESS OF INFORMATION ON PLATFORM
5.1. What is the accuracy and completeness of all information displayed on the Platform?
- Company takes all endeavours to the best of its efforts to keep information on the Platform accurate. However, the material and content on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Reference to paragraph 5.2 below, User will agree that a majority of content including products displayed on Platform are provided by the respective Suppliers, who shall at all times be responsible for provision of information related to such products listed by them. Apart from reasonable checks to ensure general hygiene of Platform, Company does not exercise any control over such content or information.
- Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on Platform is at the Users’ own risk.
- Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of Platform at any time, but has no obligation to update any information on Platform. User is solely responsible to monitor changes to the information on Platform. No specified update or refresh date applied to Platform, should be taken to indicate that all information on Platform or pertaining to the Services have been modified or updated.
- Occasionally there may be information on Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on Platform is inaccurate at any time without prior notice.
- The Information is provided 'as is' with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of User.
5.2. Is information related to products on Platform provided by the Company?
- All the products belong to Namaste brand owned by Namaste Herbals Private Limited.
- Namaste Herbals Private Limited is Responsible for all the information related to the products.
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