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These Terms of Use (hereinafter referred to as “Terms”) constitute a binding agreement between Botanic Hearth including any affiliate of Mensa Brand Technologies Pte Ltd. and/or any group company of Mensa Brand Technologies Pte Ltd. (hereinafter individually and collectively referred to as “Company”) and the person accessing the website [https://www.botanichearth.in/] (hereinafter referred to as "Website") for any purpose, including for accessing information, conducting transactions, purchasing products or making use of any services or functionality provided on or through the Website ("Services"). The Company is headquartered at [Ahmedabad].


For the purposes of these Terms, the terms “we”, “us”, or “our” are references to the Company, and the terms “you” or “your” are references to the person accessing the Website or Services.


These Terms shall be read in conjunction with the Privacy Policy available at [https://www.botanichearth.in/policies/privacy-policy]. By accessing and using the Website and Services your acceptance of these Terms and the Privacy Policy is presumed unless communicated otherwise. You represent that you are above 18 years of age and competent to enter into legally binding contracts. By accessing and/or using the Website and/or Services, you represent that you have read, understood, and agree to be bound by these Terms and the Privacy Policy.


Use of the Website and Services

Information and Services: We endeavor to ensure the accuracy of all information on the Website. However, by accessing or using the Website or Services, you acknowledge that we shall not be liable for any inadvertent inaccuracy or omission in the information provided on the Website or in relation to the Services


Change of Terms: We reserve the right to update or revise these Terms at any time without further notice. These updates or revisions shall be effective as soon as they are posted on the Website. If you continue to use the Website or Services following such changes, you shall be deemed to have accepted such changes. If you do not agree with the revised or updated Terms, you are required to stop accessing and using the Website and Services.


Purchases on the Website

These terms apply to all purchases made by you and offers availed by you on or through the Website.

Product listings on the Website do not amount to an offer by us or a binding contract. The contract for the purchase of any such product by you is concluded only when we explicitly confirm acceptance of your order in writing by email or by displaying an acceptance message on the Website.

 

Prices

The prices displayed for products on the Website may be inclusive of Goods and Services Tax (GST) and if not, then such GST shall be added separately to the cart. All domestic purchases shall be priced in Indian Rupees (INR) and for international purchase, all the products shall be priced as per relevant currencies of that Country

We reserve the right to charge for delivery of products. The final price displayed on the Website at the time of confirmation of purchase and making of the final payment shall be inclusive of all charges including delivery charges

 

Payments: We accept the following payment methods for purchases made on the Website:

  • Credit or debit cards
  • Net banking
  • UPI
  • Cash on delivery
  • Buy Now, Pay Later (BNPL)

By choosing to make any payments on or through the Website, you agree to all restrictions, terms, and conditions associated with such form of payment.

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:


  • Lack of authorization for any transaction/s, or
  • Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  • Any payment issues arising out of the transaction, or
  • Decline of transaction for any other reason/s
  •  

    The payment facility provided by us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment, receiving payment through cash on delivery, collection and remittance facility for the transactions undertaken on our Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, we are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction Price.

     

    Cancellations

    If you cancel a purchase after completing payment, but before the order has been shipped by us, we may levy a cancellation charge. This cancellation charge will be displayed on the Website before you confirm your cancellation.

    In certain cases, we may cancel your order after the payment has been completed, at our discretion. If we do so, we will refund the amount paid by you for such an order.

     

    Returns and Exchanges

    Subject to Clause 9 below, in the event that the products purchased by you on the Website are defective, deficient, or spurious, you may return these products to us as per our Return Policy[SB1]. If you return any products purchased by you on the Website for any of these reasons, we reserve the right to verify your claims before issuing a refund. Please note that we may decline to issue a refund if we find that the products are not defective, deficient, or spurious.

    Delivery of a product purchased on our Website beyond the date indicated by us as the outermost delivery date will not entitle you to a refund of the amount paid by you for such a product if the delay in delivery has occurred due to Force Majeure or if the delivery details provided by you are inaccurate.

    Please note that you will not be entitled to a refund for the amount paid by you for a product purchased on the Website and delivered to you unless the product has been returned to us.

    If you wish to return a product purchased on the Website for any reason other than as mentioned in sub-clause (a), our Return Policy will apply.

    If you wish to exchange a product purchased on the Website, our Exchange Policy [SB2] will apply.

     

    Retention of Title

    All Products will remain our property until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries, or partial deliveries. You may not sell, dispose of, or encumber any Product before full title thereof has passed to you.

     

    Delivery and Return Mechanism

    You are responsible for ensuring that the details you have provided for delivery, including your address and other contact details, are accurate. If the details provided are incomplete or inaccurate, it may delay or otherwise lead to the cancellation of your order, along with the levy of a cancellation charge.

     

    The expected delivery date will be displayed on the Website before you complete your purchase. [We may partner with third-party logistics service providers in order to deliver your purchased products to you. You agree that we may share your contact information, to the extent reasonably necessary, in order for such third-party logistics service providers to deliver your purchased products to you.

    In the event that you wish to return your purchased product for any reason, the return mechanism as specified in our Return Policy will apply.

     

    Product Warranty and Guarantee

    We expressly disclaim any warranty or guarantee in relation to any product listed on the Website. In particular, please note that all products on the Website are subject to availability and minor differences in colour and/ or appearance from the product listing on the Website. Non-availability of a product or minor differences of colour and/ or appearance between the product as listed on the Website and as delivered to you shall not render us liable in any way, except as stated in these Terms or required by law.


    Your Conduct and Restrictions on Use of the Website and Services

    You acknowledge and understand that the Website may display or make available information, data, text, software, music, sound, photographs, graphics, video, or other materials ("Content"), which has been uploaded, posted, emailed, transmitted or otherwise made available by third parties. All such content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. We do not control Content originating from third parties, and as such do not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website or Services by you or by any third party.


     In addition, you are solely responsible for any Content that you upload, post, email, transmit or otherwise make available via the Website or Services.


     You hereby agree that you shall not use the Website or Services to do any of the following:

    1. Carry out an activity that is unlawful or carry out any activity in a manner that is unlawful; 
    1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    1. Harm minors in any way;
    1. Impersonate any person or entity, including, but not limited to, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
    1. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
    1. Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, trade secrets, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
    1. Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
    1. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
    1. Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    1. Interfere with or disrupt the Website or Services or servers or networks connected to the Website and Services or misuse the Website or Services in any manner whatsoever;
    1. Copy, modify, distribute, lease, sell, or attempt to reverse engineer or extract any part of the Website’s software or source code without our express permission or authorization under applicable law;
    1. Intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law; and/or
    1. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

    Intellectual Property and Proprietary Rights

    You agree that the intellectual property rights, including but not limited to trademarks, patents, copyrights and trade secrets pertaining to any part of the Website, and products listed on the Website belong exclusively to us, other than content that is owned by third parties. These rights include but are not limited to rights in all trademarks, trade names, service marks, other logos, and brand features, product and service names displayed on the Website, as well as all software code, graphical elements, and any other proprietary information. You shall not in any manner display, use, copy, reproduce, store, modify, transmit, distribute, or otherwise infringe any of our intellectual property without our express permission in writing.


    Links

    The Website may display or provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource. These Terms and the Privacy Policy do not apply to such third-party websites or resources.


    Warranties

    You expressly understand and agree that your use of the Website is at your own risk. We provide the Website on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of title, merchantability, condition, availability, reliability, continuity, accuracy, fitness for a particular purpose, and non-infringement.


    Electronic invoicing

    Where we elect or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.


    Limitation of Liability and Indemnity

    You expressly understand and agree that we shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages arising out of your use of the Website or purchases made through the Website, except as expressly stated in these Terms or required by law.

    You agree to indemnify and hold harmless the Company from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Website or purchases made through the Website.

     

    Force Majeure

    You agree that the Company shall not be held liable for any unavailability, delay, or deficiency of the Website or Services or delivery of products purchased through the Website that results, whether directly or indirectly, from events that could not reasonably have been anticipated or controlled by the Company. Such events include but are not limited to, acts of God, floods, earthquakes, storms, fires, explosions, lightning strikes, power failures, diseases, epidemics, pandemics, failure of telecommunication or internet services, acts of Government, and orders of any court or authority of competent jurisdiction.


    Termination

    We may, without prior notice and without any liability, immediately terminate, limit your access to, or suspend your access to the Website for any reason. Cause for such termination, limitation of access, or suspension shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Website (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) non-payment of any fees or other monetary liability owed by you in connection with the Website.


    Grievance Officer and Customer Care

    Any discrepancies and grievances with respect to these Terms or purchases made by you on the Website, returns, cancellations, etc. may be addressed to the Grievance Officer designated by the Company for this purpose in below mentioned mail ID:


    Email ID: support@botanichearth.in


    Governing Law and Dispute Resolution

    These Terms and the Privacy Policy shall be governed by and construed in accordance with the laws of India. The courts at Bangalore, Karnataka shall have the exclusive jurisdiction to hear and decide any disputes arising out of or in connection with these Terms, the Return Policy, the Exchange Policy, and/ or Privacy Policy


    General Information

    The provisions of these Terms are severable. In the event that any provision is held unenforceable, such provision shall be severed and shall not affect the enforceability of the remaining provisions of these Terms.

    Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. 

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