TERMS & CONDITION
These terms & conditions of sale ("terms") apply to all offers, sales and purchases of products including but not limited to organic/natural food, home care, personal care, healthcare products and services and all other productswhich are sold through REFRESHYOURLIFE.IN (“Website”) by: (a) us, Refresh Wellness Private Limited (references to "us", "we" or "our" being construed accordingly) the seller, to (b) you, the buyer (references to "you" or "your" being construed accordingly).
This Website REFRESHYOURLIFE.IN, is owned and operated by Refresh Wellness Private Limited (“Refresh Wellness”) and is offered to you conditioned on your acceptance without modification of the terms, conditions, notices, etc. contained herein. Accessing and continued use of the Website constitutes your binding and conclusive acceptance and agreement of all such terms, conditions, and notices. If at any time this terms and conditions are no longer acceptable to you, you should immediately cease all use of the Website and its ancillary products and services.
The buyer hereby states that he has read, understood and unconditionally agree to abide by the terms and conditions ("T&Cs") described hereinafter in relation to the Refreshyourlife.in website:
All purchases are final, non-cancelable, non-transferable and non-refundable, except as formally specified in the applicable Return, Refund, Replacement and Cancellation (“RRRC”) policy or any other arrangement.
Any prices, quotations and descriptions made or referred to on this Website are subject to availability, and the same do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.
While we make every effort to ensure that articles appearing on the Website are available, we do not guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without any liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that article in terms of our RRRC Policy.
An order submitted by you constitutes an offer by you to us to purchase articles on these T&Cs and is subject to our subsequent acceptance thereof.
Prior to such acceptance, an automatic e-mail acknowledgment of your order will be generated. Please note that any such automatic acknowledgment does not constitute a formal acceptance of your order.
Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your credit card or other online payment ("Acceptance").
We may keep records of orders received, acknowledgments, acceptances and other contract records for a reasonable period after Acceptance.
You hereby represent that information provided by you when placing your order is up-to-date materially accurate and is sufficient for us to fulfill your order.
Unless agreed otherwise or required by applicable laws, any warranties provided in relation to articles/goods only extend to you on the understanding that you are a buyer and not a reseller of those articles/goods.
No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a goods manufacturer, licensor or supplier without our express prior written consent.
If you are unfamiliar with the product before using the same, you are advised to find out its medicinal properties. If you are taking prescription drugs, or have a medical condition, research it thoroughly and/or consult with an appropriately qualified practitioner or expert before using products.
As individuals human beings all have different constitutions, sensitivities, allergic reactions and possible health conditions. However, Refresh Wellness shall not be responsible or liable for any kind of reaction/ adverse effect or symptoms as a result of use of any of the products listed on our Website.
Products listed on our Website should be best consumed before the expiry date. Refresh Wellness shall not be held liable in any manner if the product are further consumed on or after the date of expiry of the product.
We have the right at any time, prior to our Acceptance, to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
Unless otherwise specified, prices quoted are exclusive of the costs of shipping or carriage to the agreed place of delivery (charges which are stated on the Website); and any other applicable tax or duty which must be added to the price payable. You agree to pay for taxes, shipping or carriage of products as such costs are specified by us on the Website when you submit your purchase order.
Unconditional and irrevocable payment shall be made while placing order and by such methods as are indicated on the Website.
On acceptance of the order by us, the payment shall stand appropriated to our account absolutely.
Delivery timescales/dates specified on the Website, in any order acknowledgment, acceptance or elsewhere are estimates only. While we endeavour to meet such timescales or dates, we do not undertake to dispatch goods by a particular date or dates and shall not be liable to you in respect of delays or failure to do so. For further details please refer our https://www.refreshyourlife.in/policies/shipping-policy.
Delivery shall be made to a valid address within the Territory submitted by you and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from modifications you make to the delivery address after you submit an order. Due to Force Majeure event including but not limited to storm, flood, tempest, fire, cyclone, war, civil commotion, terrorist attack, epidemic or pandemic diseases or any kind of act of God , in case any pincodes comes under restricted area of delivery after the order is placed by you and if shipping companies disagree to deliver the same to such restricted area, (i) the same will be informed to you (ii) Order will be cancelled (iii) Refund will be processed within 15 business days from the date of Cancellation of order.
If you refuse or fail to take delivery of goods/article provided in accordance with these T&Cs, any risk of loss or damage to the goods/article shall nonetheless pass on you and without prejudice to any other rights or remedies we have. In such cases, we may charge you extra amount for arranging return delivery at our warehouse.
You shall be liable to pay on demand all costs of goods storage and any additional costs incurred as a result of such refusal or failure to take delivery.
We shall be entitled to dispose of goods in 30 days after the agreed date for delivery in such manner as we determine and may set off any proceeds of sale against any sums recovered from you.
Save as otherwise provided in these T&Cs, risk of loss of or damage to the goods passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.
LIMITATION OF LIABILITY:
To the maximum extent legally permitted, whether or not we were aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose (1) our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the goods you ordered and that are most closely related to your damages and (2) we shall not be liable for special, incidental, additional, indirect, or consequential damages, lost profits, lost revenue, or cost of cover, third party or products liability of any nature whatsoever. You shall indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of us in respect of the goods where this has been done to your (or your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party. To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, we shall have no liability to you in the event of the products infringing or being alleged to infringe the proprietary rights of any third party. In the event that the products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such right or title as we have.
WARRANTY "AS IS" IN GENERAL, WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS;
All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Website or made available by us are intended to represent no more than a general illustration of the goods/article and do not constitute a warranty or representation by us that the goods will conform with the same. You must refer to the manufacturer's specifications to determine your rights and remedies in this regard.
Except as expressly stated otherwise herein, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. These T&Cs state your sole and exclusive remedies.
If any license, registration, consent or laboratory reports of any government or other authority is required for the acquisition, carriage or use of the goods by you, you shall obtain such license, registration, consent or laboratory report at your own expense and if necessary produce evidence to us on demand. Failure to do so shall not entitle you to claim any refund of the price/amount paid to us. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.
NOTICES
Any notice or other communications in relation to this terms of sale or our arrangement may be given by sending the same by hand delivery, pre-paid post or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received.
In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter).
If posted, 7 working days after the date of posting.
If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
PERSONAL INFORMATION AND YOUR PRIVACY:
We will observe applicable data protection laws and will not use information that does or can be used to personally identify you ("Personal Data") other than as set out in our Privacy Policy. By submitting your Personal Data in relation to your order, you consent to such Personal Data being processed to fulfill your order and in accordance with such Privacy Policy. In relation to security of orders that you place with us, our secure-server software encrypts all your Personal Data including credit or debit card number and name and address. This means that the characters that you enter are converted into pieces of code that are then securely transmitted over the Internet.
YOUR LOGIN ACCOUNT
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. REFRESHYOURLIFE.IN or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature
If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to REFRESHYOURLIFE.IN.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in REFRESHYOURLIFE.IN best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.
DIGITAL COMMUNICATION:
By executing or accepting terms and conditions you are also subscribing facility for promotional emails, SMS and any other Digital Communications from Refresh Wellness.
MISCELLENEOUS
You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over your rights under these T&Cs.
We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, pandemic, epidemic, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.
You acknowledge that these T&Cs supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between you and us. However, all specific terms and conditions as mentioned in the future arrangements entered between you and us shall prevail the terms and conditions mentioned herein. We reserve the right to modify these T&Cs without any prior notice to you and you shall ensure to keep yourself updated with our latest T&C from time to time.
No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these T&Cs or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
No waiver of any term or condition of these T&Cs shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition.
If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these T&Cs to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction, all the above noted T&Cs will not be effected in other jurisdictions to the extent that such determination or finding has no application; and It will be applicable in the relevant jurisdiction, the remainder of these T&Cs (to the fullest extent permitted by law) will continue in full force and effect.
GOVERNING LAW:
The construction validity and performance of these T&Cs shall be governed by Indian Law and the parties submit to the exclusive jurisdiction of Courts in Surat, Gujarat, India in the event of any differences, disputes or legal proceedings arising from any dispute. The language of any dispute resolution procedure or any proceedings will be English.
RETURN, REFUND, REPLACEMENT AND CANCELLATION:
You are requested to refer our RETURN, REFUND, REPLACEMENT AND CANCELLATION POLICY at https://www.refreshyourlife.in/policies/cancellation-policy before placing any order.
SHIPPING POLICY:
You are requested to refer our SHIPPING POLICY at https://www.refreshyourlife.in/policies/refund-policy before placing any order.
AGREE AND ACCEPTANCE
This purchase is a direct transaction between you and us. You read, understand and acknowledge the following:
Actual product packaging and materials may contain more and/or different information than that shown on the Website through which the goods/articles are purchased;
You will read and follow all labels, warnings and directions in connection with using or consuming the products/articles, and will contact a health care provider immediately if you suspect any medical problem or reaction;
The content on this Website is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional;
The product/articles bought are not intended to diagnose, mitigate, treat, cure or prevent any disease or health condition, and you will not use any information or statements contained on the Website through which this product/article is purchased, or contained on or in such product/article, for such purposes.
