TERMS AND CONDITIONS OF SALE

Welcome to HOI!

The terms and conditions of sale as set out herein (“ Terms of Sale”) constitute an agreement between the person/ entity listed as seller (“we”, “us” or “our”) on the portal https://himalayaorganicindia.com/ and its corresponding mobile application (collectively, “HOI”) and you (“ you” or “your”) and govern your purchase of the products (“Product(s)”) from us on or through HOI Website. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to various agreements, Service Terms, Privacy Policy, Terms of Use and all other policies of HOI. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Our Contract of Sale

1.1. Listing and display of a Product by us on HOI is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on HOI by you is your offer to buy the Product(s) from us.

1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

1.4. You acknowledge that there may be certain Products in your order whose actual quantity may not be known at the time of order placement (for example, fruits, vegetables, etc.). Such Products will therefore be invoiced based on the exact weight at the time of packaging and upon dispatch, our Shipment Confirmation will reflect such marginal variance in the quantity of the Product as against your original order and relevant adjustment in the invoice amount.

1.5. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

1.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several

orders for the same Product where the individual orders comprise a quantity typical for a normal household.

1.7. You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.

1.8. All orders placed on HOI are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

1.9. You acknowledge and accept that the title and risk of all Products ordered by you shall pass on to you upon the delivery of the purchased Products to you.

2. Return and Refund
2.1. Please review the Returns Policy and Refund Policy of HOI, which applies to Products sold by

us.

3. Product Availability

3.1. We list availability information for the Products on the relevant webpage of HOI. Beyond what we say on that webpage or otherwise on HOI, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable or out of stock.

4. Product Pricing

4.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

4.2. Products in your shopping cart of HOI will reflect the most recent price as displayed on the Product’s information webpage on HOI. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order.

4.3. Subject to paragraph 1.4 above, the prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the Products do not fluctuate on a daily basis but prices of some of the Products (such as fresh food, vegetables, etc.) do change on a daily basis. In case the prices are higher or lower on the date of delivery, no additional charges will be collected or refunded, as the case may be, at the time of the delivery of the order, except as set out in paragraph 1.4 above.

5. Licenses

5.1. You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.

6. Taxes
6.1. You shall be responsible for payment of all fees/costs/charges associated with the purchase of

Products from us and you agree to bear any and all applicable taxes.

7. Eligibility

7.1. Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use HOI and place an order with us. If you are a minor i.e. under the age of 18 years, you may purchase the Product on HOI only with the involvement of a parent or guardian.

8. Limitation of Liability

8.1. In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the refund of money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

9. Amendments

9.1. We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

10. Force Majeure
10.1. We will not be held responsible for any delay or failure to comply with its obligations if the

delay or failure arises from any cause which is beyond our reasonable control.

11. Waiver

11.1. No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

12. Governing Law and Dispute Resolution

12.1. These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.

13. Miscellaneous

13.1. In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Service Terms or Terms of Use.

13.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.

Himalaya Organic India