Terms & Conditions

Terms and Conditions

 

Please read the following terms and conditions very carefully as your use of our service and purchase of Products is subject to your acceptance of and compliance with the following terms and conditions [“Terms”].

By accessing this website and or software application and using any of our services or purchasing any of the products/placing any order you agree that you have read, understood and are bound by the Terms.

These Terms constitute an electronic record following the provisions of the Information Technology Act, 2000 and Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and Consumer Protection (E-Commerce) Rules, 2020 thereunder, as amended from time to time

In these Terms, references to “you”, “User” shall mean the end user accessing www.ellvinfresh.com  “Website” and/or our software application accessible on an electronic device including a mobile device (collectively referred to as “Platform”), its contents and using the Services offered through the Platform. “Company”, “we”, “us” and “our” shall mean SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE, “ELLVIN FRESH”, its affiliates and partners.

We reserve the right to change the terms and conditions of these Terms from time to time without any obligation to inform you except as required per law and it is your responsibility to look through them as often as possible.

 

  1. Platform – Our Service: Our Service rendered to you is to provide you with an online marketplace through our Platform to identify, select and purchase a variety of consumable products [“Products”] manufactured and supplied by third party Vendors [“Vendors”].

 

  1. Accounts : You need to register to use our Services and purchase Products on our Platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us at [•].

 

By creating an Account on our Platform you confirm that you are over the age of 18 years and are authorized to enter into Contracts including this agreement with SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE. As a minor, if you wish to use our Services, such use shall be made available to you by your legal guardian or parents, who have agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents as evidenced by the Payment made for the Services.

You need an account to engage our Services and purchase Products on our Platform. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a name, phone number, and a valid email address, and other relevant information as sought by SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE.

 

You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account.

 

  1. Sale of Products: In accordance with these Terms, You may purchase certain Products from us which have been listed on our Platform at the prices listed based on the availability. The Products may be ordered through the Platform, paid for and delivered to your mentioned address.

 

All products listed on our Platform are genuine.

 

The Products listed on our Platform are manufactured and sold by different Vendors and our Platform only facilitates the transaction between you and the Vendors.

 

  1. Pricing and Information: All prices listed on our Platform are in Indian National Rupees and are inclusive of taxes.

 

The prices listed on our Platform may change from time to time. No discounts or reduction in prices other than what is mentioned on the Platform will be applicable.

 

In the event that any of the products have been under-priced or incorrectly priced and an order has been placed by you, we reserve the right to cancel the order. We will have the payment refunded to you in cases of such cancelations.

 

All photographs of the products are merely for representation purposes. Actual products may vary from the photographic representations. Please read the product description for information on specifications such as weight, cost, etc.

 

  1. Placing your Order: You can place an order on our Platform for any of the listed products at the prices which have been mentioned.

 

By placing an order you confirm that you are over 18 years of age and can legally enter into a contract including the contract for the purchase of the goods.

 

By placing an order you confirm that the credit/debit card or bank information belongs to you and you are authorized to make such a payment.

 

In order to place an order you have to register your email address with us and create an account. Even if you haven’t created an account you will have to provide us with your email address at the time of placing the final order.

 

By placing an order on our Platform you have made an offer to purchase the Products listed on our Platform.

 

  1. Payment: We use a third party reliable payment gateway. All payments will be processed by the payment gateway provider.

 

We do not store or save your credit card/debit card/mobile wallet or banking information in any manner.

 

If there are any errors in a transaction made through the gateway we will do our best to rectify the error. If a payment has been deducted but the order has not been confirmed, the deducted amount will be credited to your account between 7 to 10 business days.

 

If there has been an error in the transaction or it has failed, please contact us at our general email id and we will assist you to rectify the error.

 

 

  1. Shipment and Delivery: Once an order has been placed on our Platform, and the payment has been received we will deliver the selected products to the address mentioned by you in the checkout page. Delivery charges may be applicable. depending on your location and the volume of Products purchased.

 

Please ensure that the correct address details have been mentioned when you register/checkout as we will not be liable for any delivery issues if the address that you have mentioned is incorrect or unattended to.

 

In general shipment of the purchased products will take between 4to 7 business days.

 

We will send you an email confirmation when we have been notified that the products have been delivered to the address mentioned in the order form.

 

All ownership title and risk in the products transfers to you immediately upon delivery of the products at the address that you have mentioned while placing the order.

 

  1. User Generated Content

 

You may post content, comments, questions, reviews on our Products on our Platform and participate in our online community [User Content].

 

To the extent that you provide User Content, you grant SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE a fully transferable, royalty-free, perpetual, sub licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

 

  1. Cancellations

 

If an order has been placed and needs to be cancelled prior to the shipment of the products we will be able to cancel an order. SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE has the full right to decide whether an order has been processed and shipped or not

 

Once the products have been shipped from our warehouse no requests for cancellation will be entertained.

 

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

 

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.

 

 

  1. Exchanges and Refunds

 

Products once sold and delivered will not be exchanged or returned except in the following circumstances

  1. You have received products which are different from that which you have ordered.

 

  1. If the product that you have received was delivered to you in a damaged state. Upon receipt of the product in a damaged state, you will need to provide us with photographs of the damage immediately upon receipt. SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE will have the ultimate authority to review the information and decide if the product was damaged in transit or after receipt. Please note that if you were not available at the address of delivery and if the products were left with a designated person or neighbour or guard, we will not be responsible for any claims of damage.

 

  1. Communication

 

When you visit our Platform and place orders, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices and or notifications for you on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

 

  1. Usage Restrictions

 

You shall not use the Platform to host, display, upload, modify, publish, transmit,

store, update or share any information that:

 

(i)                 belongs to another person and to which the user does not have any right;

(ii)               is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

(iii)             is harmful to children;

(iv)              infringes any patent, trademark, copyright or other proprietary rights;

(v)                 violates any law for the time being in force;

(vi)              deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(vii)            impersonates another person;

(viii)          threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

(ix)              contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(x)                is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

You are also prohibited from:

  1. violating or attempting to violate the integrity or security of the Platform or its content;
  2. intentionally submitting on the Platform any incomplete, false or inaccurate information;
  3. making any unsolicited communications to other users of the Platform;
  4. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
  5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
  6. copying or duplicating in any manner any of the content on the Platform or other information available from the Platform;
  7. framing or hotlinking or deep linking any content on the Platform.
  8. Using the Services for purposes that are not permitted by these Terms and/or any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdiction.

 

  1. Intellectual Property:

 

Copyright: Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of the Company. All information displayed, transmitted or carried on the Platform is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of some of the content on the Platform may be owned by the third parties. This site is designed, updated and maintained by SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Platform.

 

Trademarks: The products listed on our Platform contain trademarks, which include words, logos, phrases and packaging. SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE is our trademark. Every other trademark belongs to their respective owners. We do not claim any rights over the trademarks of the products listed on our Platform.

 

If you do find a product that infringes your intellectual property, please provide us with relevant details and we will take appropriate action. You can send us your details and the instances of infringement to the following email address [•]

 

  1. Privacy Policy

 

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE in respect of the Platform. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

 

  1. Warranty

 

Respective Manufacturers: All warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should be made either directly to the manufacturer.

 

  1. Indemnification

 

You agree to indemnify, defend and hold harmless SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

 

  1. Limitation of Liability

 

To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability or otherwise and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the amount you have paid us in the twelve (12) months before the event giving rise to your claims.

 

You agree to defend, indemnify and hold harmless SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) Your use of and access of the Platform/Services; (ii) Your violation of any term of these Terms or any other policy of SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Platform/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

 

In no event shall the Company, its officers, directors, employees, partners, or agents be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Platform.

 

In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.

 

  1. Disclaimer

 

The Platform is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Platform.

 

This disclaimer does not apply to any product warranty offered by the manufacturer or Vendor of the Product as specified in the product specifications. This disclaimer constitutes an essential part of these Terms.

 

To the fullest extent permitted under applicable law, SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, its services or these Terms.

 

Without prejudice to the generality of the section above, the total liability of SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE to you for all liabilities arising out of these Terms be it in contract is limited to the value of the product ordered by you.

 

SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE, its associates and Vendors make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, link statics or communications provided on or through the use of the Platform or that the operation of the Site will be error free and/or uninterrupted.

 

SREE VYSHNAVI ELLVIN INDUSTRIES PRIVATE does not make any warranty on the effect, or efficiency of the products.

 

Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform.

 

  1. Waiver

 

If you breach the conditions mentioned in these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

  1. Governing Law

 

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Erode, India.

 

  1. Notices

 

You can contact us for any questions or these Terms at the following email address info@ellvinfresh.com

 

  1. Grievance Redressal

 

We make all our best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us using the information provided below :-

 

Grievance Officer (provided in accordance with the IT Act, 2000 and its rules):

Name – G Vijaya Bhaskar

Phone Number – 9030529237

Email ID – info@ellvinfresh.com

 

 

 

Customer Support: Reach out to us at info@ellvinfresh.com, in case of any queries.