General Terms and Conditions for Online Sales
Elikkey Spices is dedicated to meeting the needs of its valued customers. As a visitor to the site or customer, you are encouraged to read the Terms & Conditions carefully. By using the services provided by the site, you agree to the terms outlined in this document.
Subject and Scope
- 1. These General Terms and Conditions for Online Sales (hereinafter referred to as “General apply to all purchase orders you place on the Elikkey Spices® online store located at www.elikkey.in (hereinafter referred to as “Website”) and your subsequent agreement with Elikkey Spices. (here in after referred to as “Elikkey Spices”) regarding your purchase of Elikkey Spices®2. These General Terms shall apply exclusively. We do not accept any conflicting or deviating terms and conditions, unless this has been agreed in the individual case with a legal representative of Elikkey Spices in writing. Our General Terms shall apply to deliveries even in the event that the conflicting or deviating terms have not been contradicted by Elikkey Spices.3. These General Terms apply equally to commercial entities and consumers. Differing provisions for consumers have been made where necessary.
License and Site Access
- Elikkey Spices grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Elikkey Spices. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Elikkey Spices. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Elikkey Spices and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or Elikkey Spices’s name or trademarks without the express written consent of Elikkey Spices. Any unauthorized use terminates the permission or license granted by Elikkey Spices.
Account & Registration Obligations
- All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in “My Account” or by contacting the customer service.
Order Process and Conclusion of Purchase Agreement
- 1. The product presentation on our Website does not represent an offer but shall be understood as a non-binding invitation for the customer to submit an order.2. By clicking the “Buy now” button, you send us a binding offer for the conclusion of a purchase agreement with Elikkey Spices regarding the Software items in your shopping cart (hereinafter referred to as “Order”).3. Elikkey Spices may, at its discretion, accept or reject the Order. Elikkey Spices will accept your Order by sending an order confirmation or simply by delivering the ordered Software to you. Unless otherwise stated, the effective date of the purchase agreement is the date on which Elikkey Spices confirms by email the acceptance of your Order. In case of purchase on advance payment, the purchase agreement is subject to the condition of and shall become binding for Elikkey Spices only upon receipt of the full payment for the purchase.4. If you place an Order through our Website, the ordering process comprises four steps:• You check all items in your shopping cart and apply any necessary changes. You click the “Check out” button to proceed to payment.• If you have not already done so, you log into your user account with email and password and enter the required customer data for the invoice.• Finally, on the “Checkout” page, you select the preferred method of payment and confirm your acceptance of the conditions that shall apply to the purchase. Here, you can again change the invoice details, check your purchase data and return to the cart by clicking “Back to cart”. By clicking “Buy now”, your Order becomes binding.5. With our order confirmation and/or delivery, we will send you a copy of the corresponding Order, including the corresponding invoice, to your email address.
Cancellation By Customer
- 1. You as a customer can cancel your order at any time before the Order is out for delivery. In such a case Elikkey Spices will refund any payments already made by you for the order.2. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
Return and Replace/Refund
- 1. You can request for return of Shop items you have ordered & received, directly on the Website. In such case, you will have two options; Replace or Refund. If you choose Replace, then Elikkey Spices will replace the items within reasonable time. If you choose Refund, Elikkey Spices will refund any payments already made by you for the order.2. The option to return any item is available only if the packets are not opened.3. The return of items whose packets are opened shall be considered as Special Case and be processed at the discretion of Elikkey Spices.
Payment Conditions
- 1. You can select one of the payments methods described on the Website. Elikkey Spices reserves the right to exclude or include particular payment methods at any time.2. In case of payment by credit card, debit card or net banking, your payment will be executed by our payment service provider Razorpay. using their discrete secure infrastructure. Razorpay reserves the right to decline the processing of payments in cases of suspected fraud or other irregularity.3. If you select “Cash on Delivery (COD)” payment method, you shall handover the payable amount to our delivery partner. No extra charges shall be levied for use of this method.4. You may not set off any amounts due whatsoever from Elikkey Spices against amounts due to Elikkey Spices, unless expressly allowed by mandatory Consumer protection law.
Delivery
- 1. Elikkey Spices shall comply with the provisions of the Information Technology Act, 2000 and Relevant rules thereunder to take all reasonable measures to keep your personal information confidential and secure.2. Elikkey Spices will disclose your personal information to third parties only to the extent necessary to process your payment, to enforce and fulfil the purchase agreement, to comply with legal and administrative obligations, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the use of the Bakery items.3. Elikkey Spices will not disclose your personal information to any third parties for marketing and advertising purposes without your explicit consent.
Liability
- Unless Elikkey Spices is proven to have defaulted intentionally or through gross negligence, claims for damages or the rescission of the contract on grounds of late delivery is excluded. Elikkey Spices total liability in any matter arising out of or related to these General Terms is limited to the purchase price.Use of Personal Information1. To register on the Website, you need to specify a login name and a password. Elikkey Spices further needs your contact information for issuing the invoice. You are responsible for keeping this information correct, confidential, and up to date.2. By completing the contact form, you ensure and take full responsibility that the entered data truly identifies you as a natural person or as a representative of the specified organization. If you place an Order on behalf of an organization, you ensure that you have the authority to do so.3. Elikkey Spices is not liable for any consequences that may result from incorrect, incomplete, or false information you have entered or from data you have changed subsequently to your Order.4. In case of online payments, you are required to enter your payment details. Online payment information related to your Order is processed by Elikkey Spices’s payment service provider Razorpay. Elikkey Spices does not receive detailed information (such as your credit card number) from transactions but instead receives information about whether the payment has been performed successfully or not.5. By placing your Order, you agree that your contact and payment information may be used to process your payment and to execute your Order.You may not use the site for any of the following purposes:1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.3. Gaining unauthorized access to other computer systems.4. Interfering with any other person’s use or enjoyment of the Site5. Breaching any applicable laws;6. Interfering or disrupting networks or web sites connected to the Site.7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Objectionable Material
- You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Elikkey Spices shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
- You agree to defend, indemnify and hold harmless Elikkey Spices , its employees, directors, officers, agents 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 Elikkey Spices or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the 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. This clause shall survive the expiry or termination of this User Agreement.
Termination
- This User Agreement is effective unless and until terminated by either you or Elikkey Spices. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Elikkey Spices may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Elikkey Spices . Upon any termination of the User Agreement by either you or Elikkey Spices, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Elikkey Spices’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
Miscellaneous
- This User Agreement is effective unless and until terminated by either you or Elikkey Spices . You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Elikkey Spices may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Elikkey Spices . Upon any termination of the User Agreement by either you or Elikkey Spices, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Elikkey Spices’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.