Terms of service

GENERAL TERMS & CONDITION

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 4(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THE WEBSITE.

GENERAL CONDITIONS

“Terms” mean the present Terms and Conditions of Sale (“Terms”) and all related transactions of offers, sales and purchases of the goods including but not limited to organic/natural food stuff, home care, personal care, health care products and services, and other products via AYOGIAYURVEDA.COM(‘Website’). The term applies to the transactions between (a) us, Viharnika Enterprise LLP (‘us’, ‘we’ or ‘our’) who shall act the seller and (b) you the customer (‘you’ or ‘your’).

The website AAYOGIAYURVEDA.COM is owned and run by Viharnika (Enterprise) LLP, and is availed to you, always, on the condition that you agree, without any modifications, to the terms, conditions and notices specified herein. This means that by visiting the website and/or keeping on using it you understand and agree to all of them. In the event that you do not accept the terms and conditions set forth, you should stop using the website and any of the products or services associated with it.

The buyer agrees that they have read the terms and conditions of use for the AAYOGIAYURVEDA.COM site. They understand and agree to follow them.

We maintain the right to deny service to anyone for any reason at any time.

1. By accepting these Terms of Service, you warrant that you are of legal age in your jurisdiction or that you have obtained consent for any minor dependents to make use of this website. We reserve the right to terminate membership or deny access if we discover you are ineligible. If you represent an entity, you confirm that you have the authority to bind it to these Terms of Service.

2. All sales transactions are final, non-cancelable, non-transferable, and non-refundable unless otherwise indicated by the RRRC policy or special arrangement.

3. Prices, quotations, and descriptions supplied or referred to through this website are subject to availability. All of them are not offered and can be withdrawn or amended at our discretion right up until the point that we electronically accept your order.

4. We make every effort to keep sufficient stock on our website; however, we cannot guarantee the availability of all products at the time of placing your order. We reserve the right to cancel your order (without liability) if we are unable to fulfill or provide the requested service. In such instances, any charge sessions you may have done will be reimbursed in accordance with our RRRC Policy.

5. Your Order to Buy The following terms and conditions govern your order with the us. By placing an order you make an offer to buy Goods subject to these Terms. Notwithstanding the foregoing, your offer is not considered accepted until we accept it.

6. Where we accept your offer or 'order' by email, which is done automatically upon receipt, without prejudice to the latter, we will email you an order acknowledgement in due course. This should not be understood as a confirmation of the acceptance of your offer to purchase.

7. After shipment of the items and processing of payment, a contract between us is formed whereby we obligate ourselves to complete your order. It is at this stage that we consider it the beginning of the acceptance of your offer.

8. We may keep copies of your orders, acknowledgements, acceptances and other materials relating to this contract for such deposit purposes after entering into this volumetric contract with you.

9. You understand and accept that this information is necessary for the process of fulfilling your order, when you make your order, this means that the information provided by you is correct and current.

10. Except if we agree otherwise, or except if law requires different treatment our warranties for the goods shall apply only to you as a buyer and not you as a reseller.

11. Unless the prior written authority of the Company has been obtained, no warranty representation or obligation should be inferred on the part of the Company, or any manufacturer, licensor or supplier of the goods.

12. Avoid using this product if you do not have an understanding of it. One should know the medicinal values of these products prior to their usage. If you are already on a prescription drug or any other prescription for medical conditions, then for your safety it is always preferable to visit a doctor before using the above products.

13. Every human body is different in terms of tolerances, allergic tendencies, medical history, etc. Thus, Aayogi Ayurveda will not be liable for any negative reaction or effect caused to you by any product listed on the website.

14. Every product available on the website should be ingested before that particular product’s expiration date. Aayogi Ayurveda will not be accountable to you for any loss if you take a product after its expiration date.

15. However, and without prejudice to any other provision of this Agreement, we also reserve the right to withdraw any discounts or amend prices at any time prior to the acceptance of your order. This can be on account of increase in the cost of raw materials or transportation costs, increase in labor costs, taxes or even currency exchange rates. We can further inform you prior to dispatch regarding any mistakes in product details or product prices. Nevertheless, should you decide to proceed with your order request after being informed of the modification you will receive the product or service as modified by the alteration in description or in price.

16. Prices displayed on the site are exclusive of delivery charges, taxes, and/or customs duties unless expressly mentioned otherwise, and these will be added to the total. By simply placing an order, you accept responsibility for these additional charges as indicated on our site. 

17. At the time of ordering, total payment, without any exceptions, is required through the available payment options stated on the website.

18. Payment will be deemed to be made in full and deposited in our account after we confirm your order.

19. The delivery lead times and dates mentioned on our website, within order confirmation emails or anywhere else are indicative only. Even though we will make every effort to comply with these deadlines, we cannot promise that dispatch will take place on or before any given date and we shall not be responsible for any such deadlines being missed. For further details, please refer to our “URL of Shipping Policy”

20. The delivery will be carried out to an existing address within the area provided by you and accepted (hereinafter referred to as the “Delivery Address”). It is your responsibility to check the Delivery Address included in any verification of order or acceptance sent by us and inform us without delay in case of such address not being correct. We reserve the right to bill you for expenses that are incurred in connection with any changes made to the delivery address after placing the order.

21. In the case of Force Majeure occurrence including without limitation storms, floods, fire and civil unrest, terrorist acts, epidemics, or pandemics, in the event that the area of delivery changes in limits after the order was made by you and the shipping company confirms that the area cannot be reached with the delivery, we will notify you. The order will then be void and the money returned to you within fifteen (15) working days, counting from the date of cancellation. 

22. Whenever you turn down, or are unavailable to take delivery of items in accordance with these terms & conditions, the risk of loss and/ or damage of such items shall pass to you. Without limiting any other right or remedy we may have. In such a situation, we may charge you the extra expenses we incurred regarding re-delivery of the items back to our warehouse. 

23. You shall bear all storage charges and other costs incurred by your refusal or failure to take delivery.

24. We reserve the right to sell the goods after 30 days from the agreed delivery date in any manner we find appropriate and we may deduct any sale proceeds from any debt owing to us by you. 

25. The risk of loss or damage to the goods shall unless stated differently in these terms shall pass on to you on delivery or when the goods come into your possession or that of the carrier or transport you provide, whichever is earlier.

26. To the fullest extent permitted by law, the following limitations shall apply to our liability for any claims connected with the goods you have ordered: 

Maximum Liability: The amount of the total liability of the Company, whether in respect of contract, tort or otherwise, shall in no circumstances exceed the cost of the relevant goods.

Exclusions: Damages which are classified as special, incidental, or consequential, whether economic or loss of both fixed and ongoing business including but not limited to lost profits, lost revenues and any damage caused by or associated with substitutes shall not be recovered.

Indemnification: For any claims, damages and charges, you will reimburse us for any such claims caused which resulted from your particular needs and wants for which such claims would be deemed to violate and/or infringe on third party rights.

Intellectual Property: We are not responsible for defending claims based on allegations of product patent infringement. For any products that might potentially breach the rights of a third party, see applicable provisions from the manufacturer or the licensed owner. We shall only convey such rights or titles which we own.

27. **General Limitation of Liability**: The product characteristics, designs, and technical performance data featured in our web page or however, are meant to be for your general reference only and should not be construed as a guarantee that such products will perform to such specifications. Please see the manufacturer’s document for any specific rights and remedies you may has.

**No Guarantee of Any Guarantees**: We will not in any way express guarantee and reject any implied guarantees including to merchantable quality and fitness for purpose or otherwise infringing guarantees save as stated expressly herein. These represents the only remedies available to you under this agreement.

**Compliance** We accept that you will, at all times and at your own cost, obtain any licenses, permits, consents or laboratory reports that may be required for the purchase, movement or use of the products. Proof of compliance may be requested and you agree to furnish it. In addition, no approvals shall be obtained after the fact and you shall not be entitled for any refunds or credits for the costs of any additional expenses us incurred as a result of such approval difficulties.

28) Notices and Communications

Any notices or communications relating to these terms of sale, or any matter arising in our arrangement may be given in one of the following manners:

- **By Personal Delivery**: Addressed to the most recent address that has been communicated in writing by either party. Notices served will be treated as received on the date they are delivered (or on the next working day in the case of delivery on a non-working day).

- **By Post**: Addressed to the last notified address via pre-paid postal service. Notices served will be considered as delivered after the expiration of seven working days’ posting.

- **By Electronic Communication**: to the last known email address. An email shall be deemed to have been received by the other party when the following occurs:

1. the other party confirms that the email has been received,

2. the sender receives a system generated message stating that the email has been successfully delivered or that the email was accessed by the addressee, or

3. In the case where the sender has not yet been notified about the failure of transmission, two days have lapsed since sending the email.

This address will also be used for notice purposes as and when it is required in terms of the law.

29. Personal Information and Your Privacy Policy

We respect your privacy and will comply with the current data protection regulation. We will only use Personal Data – any information that relates to an identifiable individual – in accordance with our Privacy Policy.

Because you submit your personal data when you place an order, we process and protect your personal data in connection with the performance of your order in accordance with our privacy policy.

We ensure that all your orders are safe by encoding the Personal Data with the use of secure-server software. This includes your name, credit or debit card number, and address. That means that all the information you put is encrypted into a code which you send through the Internet.

30. Electronic Communication

Appropriate to the use of such terms and conditions, you also accept receiving direct marketing communications in the form of promotional emails, SMS messages and other communications from Aayogi Ayurveda, which are electronic in nature.

31. Miscellaneous

You shall not without our prior written consent assign, transfer, charge, sub-license or otherwise deal with these Terms and Conditions.

We accept no responsibility for loss or damage arising from circumstances beyond our reasonable control including without limitation act of God, war, riot, civil commotion, government action or inaction, Acts of terrorism, fire, explosion, flood, epidemic, pandemic or other natural disasters. We shall be entitled at our sole option to cancel your order and refund all payments received by us.

These terms and conditions supersede all prior agreements or arrangements, whether written or oral, between you and us. However, any particular terms contained in subsequent agreements are superior to these terms. We hereby reserve ourselves the rights to modify these terms without prior notice; hence, keep yourself abreast of the latest version.

No delay or indulgence in enforcing these terms will affect our rights. Any waiver of a term must be in writing and signed by us. Waiving one breach does not mean we waive any future breaches.

If any provision of these terms is determined to be unlawful, void, or unenforceable for any reason at all, that will not affect the remaining provisions and such provision shall be inapplicable solely in such jurisdiction. In such a case, such provision shall be construed as narrowly as possible as still to implement, to the maximum extent permitted by law, the original intention of the parties exposed thereby.

32. Governing Law

The terms and conditions shall be governed by and construed in accordance with Indian laws. Each party in any dispute or proceeding or legal action taken hereby irrevocably agrees that the jurisdiction to entertain any suit, application, arbitration, or other proceedings shall exclusively lie within the courts of Surat, Gujarat, India. Any procedure and hearing in relation to such dispute resolution or proceeding might also be conducted in the English language.

33. Your Login Account

This website is strictly for people of age. If a minor comes on our site, then we presume that it is under the guidance of someone. AAYOGIAYURVEDA.IN and its affiliates do not knowingly collect any information from minors.

You must hold your account information, including your password, confidential and restrict access to your computer. You are responsible for all activities conducted under your account. You agree that any communication you make is non-confidential and proprietary, and does not violate or infringe on any third-party rights.

If you are accessing or using the site on behalf of another, you agree that you have authority to bind that person, and you agree to abide by these terms on their behalf. You agree to be responsible for anything that such person may do in the case of a refusal to comply.

If you believe that your account security has been compromised, please let us know by using one of the options below immediately. If we have or have reason to suspect evidence of a security breach, we may require that you change your password or temporarily suspend your account with no liability to AayogiAyurveda.com

All rights are reserved, including but not limited to the right to refuse service or terminate accounts without notice for violating any of these Terms of Use, or if we determine in our sole discretion that it is in our best interest to do so. You alone are responsible for the content of all material you upload, post, email or transmit to or via the Site. We may collect and use information collected from you with regard to these Terms of Use in accordance with our Privacy Policy.

34. RETURN, REFUND, REPLACEMENT AND CANCELLATION:

Please refer to our return, refund, replacement, and cancellation policy at (URL-CANCELLATION POLICY) before placing any order.

35. SHIPPING POLICY:

We therefore request you to refer to our SHIPPING POLICY before an order is placed at (URL - REFUND POLICY).

36) AGREEMENT AND ACCEPTANCE

Hello! Just a heads up on your order:

This Agreement is between you and us. By continuing, you agree to the following important stuff:

- The actual packaging and materials of the product may contain more or different information than what appears on our Website.

- Always read the product's labels, warning, and directions before using or consuming it. If you suspect you have a medical problem or an allergic reaction, talk with a healthcare professional.

- The information contained in our website is for general information purposes only. Such information on this website is not intended as advice from your doctor, pharmacist, or other licensed health care professional.

The products you have bought are not intended to diagnose, treat, cure, or prevent any disease or condition. So do not rely on information both from the Website and one of the products for such purpose.