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MTR Purchase and Sale- Terms and Conditions
In these Terms and Conditions, the following words shall have the meaning set out below
"Contract" means the contract between you and Us formed as set out in Clause 4 (Purchase of Products on Website);
"Products" means Products sold under “MTR” brand name and MTR Affiliate/sname (“Products”) made available for sale by us;
"Order" means a contractual offer by you to make a Purchase by submitting the Order via the Website;
“Order Cancellation Email” means the email sent to you by us to confirm cancellation of your Orderor any email sent by you to us under the “ Cancellation and Returns Policy”;;
"Order Confirmation Email" means the email sent to you to confirm receipt of your Order as defined in Clause 4.1.5;
"Personal Information" means information about you or a third party provided by you when submitting an Order or when using the Website;
"Price" has the meaning given in Clause 7;
"Purchase" means the acceptance by Us of an Order for the purchase of Products placed via e commerce Website;
“Shipping Confirmation Email” means the email sent to you in terms of Clause 4.1.6, 4.1.7 to confirm that We have shipped your Order or part of your Order,;
"Offer" means an offer or promotion advertised by Us;
"We", "Us" or "Our" means MTR Foods Private Limited having its Registered Office at No.1, 2nd & 3rd floor, 100 feet inner ring road, Ashwini Layout, Viveknagar, Ejipura, Bengaluru 560047.
"Website" means the ecommerce website or any subsequent URL which may replace it.
You are provided with access to the Website in accordance with our Terms and Conditions mentioned herein.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
GENERAL CONDITIONS OF MAKING A PURCHASE:
These Terms and Conditions shall apply to all Orders and Purchases.
By making an Order or Purchase you are hereby accepting these Terms and Conditions.
The advertisement of Products on the Website or in our publications constitutes an "invitation to buy" and your Order constitutes a contractual offer.
Nothing that We do or say will constitute an acceptance of your Order until the Order No.is generated in our System .
Products are supplied for non-commercial use only and we exclude to the fullest extent permitted by law any warranties and conditions regarding fitness for a particular purpose where you use the Products for other than domestic use. Productsare not supplied for resale purposes. We reserve the right to refuse Orders that We consider are have been placed for commercial/non-domestic purposes or where We consider that the Products are being purchased for resale/transmission to a third party.
We will not file a copy of these Terms and Conditions specifically in relation to your Purchase. We may update the version of these Terms and Conditions on the Website from time to time, and We do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these Terms and Conditions for your records.
The only language in which We provide these Terms and Conditions is English.
MAKING A PURCHASE OF PRODUCTS ON OUR WEBSITE
To make a Purchase on our Website, you need to take the following steps:
Click on the Products you wish to buy;
Input the quantity and weight of the Products selected that you wish to buy, then click "Add to Cart";
Once you have finished shopping, click on the “Shopping Cart” review your Order, make changes to your Order (if necessary), complete the delivery and payment details, indicate your preferred delivery method, then click on "Confirm Payment";
You will then be transferred to a payment gateway to process your payment details, at which point you will be subject to certain terms and conditions of payment. No changes to your Order will be possible once your payment has been processed, although you can cancel your Order as set out in the “Cancellation and Return Policy” .
We will then send you an Order Confirmation Email to confirm You have placed your Order. If the order is a 'Cash on Delivery', we shall make a verification call subsequent to sending an Order Confirmation Email. In the event of the verification call not being successful (you fail to respond to the same), then the Order will stand cancelled.
When We are able to meet your Order and payment has been successful, We will send you a Shipping Confirmation Email .
When We are unable to process your Order due to the requested Products being out of stock or unavailable for any reason , We will advise you by email that We are unable to meet your Order. You will be given the opportunity to proceed with the partial Order or to cancel the Order within 24 hours of receipt of the email from us., We will send you an Order Cancellation Email which will decline your Order. If you want to proceed with the Order notwithstanding that there will be a delay in delivery of the Products due to them being out of stock or unavailable, We will send you a Shipping Confirmation Email once We have dispatched your Products to you .
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we shall notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
AGE OF CONSENT
Where Products may only be purchased by persons of a certain age, you will be asked when placing an Order to declare that you are of the appropriate legal age to purchase the Products. By submitting an Order, you are confirming to Us that you are of an appropriate legal age to purchase the Products requested.
If We discover or are of the opinion (as to which We shall have sole discretion) that you are not legally entitled to order certain Products, We shall be entitled to cancel the Order immediately, without notice.
PRICE AND PAYMENT
The price of the Products shall be that stipulated on the Website. The price is quoted in INR and is inclusive of VAT ("Price"). The product pricing are subject to change at anytime without notice, at our sole discretion . We reserve the right to discontinue any Product at any time.
The Website contains a large number of Products and it is always possible that some of the Prices on the Website and/or on Our advertisements may be incorrect. If We have mis-priced any Products, We will not be liable to supply the Products to you at the stated price, provided that We notify you of the change prior to dispatching the Products to you. In those circumstances, We will contact youto intimate the correct price and proceed for cancellation of your your Order and refund of the payment already received(Please refer our Cancellation and Return Policy for the same.).If we are unable to contact you then We will treat the Order as having been cancelled and we shall appropriately proceed to refund the payment already received.
Payment can be made either by Debit /Credit card and Netbanking and/or immediately upon delivery of Products in case of “Cash on Delivery (COD)”.
When making a Purchase via our Website, payment must be made in INR .All card transactions are processed through a secure payment gateway. All credit/debit card Purchases are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to Us for a particular Order, We will not complete your Order.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of Products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We reserve the right to withdraw any Products from the Website at any time. We shall not be liable to anyone for withdrawing any Products from the Website or for refusing to accept an Order
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer for stock level purposes.
We have a right to revise and amend these Terms and Conditions (including Price) without notice; however, any changes will not affect Contracts which have already been concluded .
We cannot describe every detail of the Products on the Website and each description is therefore abbreviated. We endeavour to ensure that descriptions are correct at the time of their input. Please note that the colours and appearance of Products may vary from how they appear on screen, and, in particular, we are not responsible for ensuring that your monitor will accurately display the colour of the Products. .
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
We expressly exclude warranties, conditions, or terms whether implied by statute, common law or otherwise to the fullest extent permitted by law. Any recommendation or suggestion relating to any of the Products made by us is given in good faith, but it is for you to satisfy yourself as to the suitability of the Products for your purposes.
You warrant and undertake to Us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions; (b) the information provided in your Order is accurate and complete; and (c) you or your authorised person will be able to accept delivery of the Products.
Unless We agree otherwise with you, Products supplied by us will be shipped within the stipulated time as stated in the Shipping Confirmation Email
We shall use our reasonable endeavours to meet any date agreed for shipment . Notwithstanding the foregoing, We shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated shipping date.
Shipping of the Products shall be made to the shipping address specified in the Order and you shall make all arrangements necessary to take receipt of the Products .
Our courier will make all reasonable efforts to deliver the Products to you, .However if you are not residing at the contact address provided to Us and/or have not made arrangements to take delivery of the Products and/or the courier is unable to contact you for this purpose, your Purchase will be deemed as “cancelled “ and payment refunded.
Where the size/quantum of the Products requires someone to be present at your address for delivery and you are not present, your placement of an Order authorises Us to accept the signature of another person present at your address and deliver the Products to them on your behalf or to leave the Products in a safe place or with a neighbour.
TITLE AND RISK
Ownership of the Products will only pass to you upon later of : (a) delivery of the Products; or (b) receipt by Us of full payment of all sums due in respect of the Products (including delivery charges). Delivery of the Products to you will include leaving the item in a safe place or with a neighbour, or delivering them to your representative.
We will be entitled to recover payment for the Products where the Products have been delivered to you even where ownership has not passed to you.
If We breach these Terms and Conditions, we shall be liable to you only for losses which are reasonably foreseeable consequences to both of us at the time you placed your Order, and shall be subject to the terms of this Clause and these Terms and Conditions. We shall not be liable to you for any indirect or consequential losses whatsoever or howsoever arising including (but not limited to) loss of anticipated savings, wasted expenditure, loss of privacy or data, business interruption and any business losses.
The Website is provided by Us on an “as is” basis without any warranties or guarantees of any kind, express or implied. In particular, but without limitation, We shall not be liable to you for any incompatibility of the Website with your equipment, software, or internet connection, nor for any technical difficulties which may arise, including errors with the Website or interruptions in the availability of the Website or lack of suitability of the Website, and no warranties are given as to merchantability or fitness for a particular purpose.
It is understood and agreed between us that our entire and aggregate liability to you shall in no circumstances exceed the Price of the Purchase giving rise to the claim.
Nothing in these Terms and Conditions shall exclude or limit your or Our liability for death or personal injury caused by negligence or breach of statutory duty.
No failures to exercise and/or delay by Us (whether express or implied) in enforcing any of Our rights under this Contract shall operate as a waiver thereof.
A temporary waiver by Us of any breach of the Terms and Conditions shall not prevent the subsequent enforcement of Our Rights and shall not be deemed to be a waiver of any subsequent breach of that or any other provision of these Terms and Conditions.
INDEMNITY AND INTELLECTUAL PROPERTY
You may not use the Website for transmitting material that is or which encourages conduct which constitutes a criminal offence, results in a civil liability, or otherwise breaches any laws, regulations, or codes of practice. You agree to indemnify and keep Us indemnified against all liabilities, claims and expenses that may arise out of the content you submit, post or transmit via the Website, or from the use or misuse of the Website or the violation (in whole or in part) of any of the Terms and Conditions by you or by any person for whom you are responsible. You agree that your dealings (if any) with any third party suppliers identified or found on or through the Website are solely between you and the third party and you agree not to hold Us liable for any disputes you may have with the third party supplier.
The content of the Website is protected by copyright, trade marks and other intellectual property rights. You may store, retrieve and display the content of the Website on a monitor, store it in electronic form (other than on a server or other storage device connected to a network) or print copies for your own personal, non-commercial use, but must keep intact all and any copyright or proprietary notices. Subject to that, you may not reproduce, copy or distribute, use for commercial purposes, or modify any of the content of the Website without Our prior written consent.
These Terms and Conditions and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter.
We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control, including but not limited to acts of God, lock outs, accidents, war, fire, terrorism, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, telecommunications failure, epidemic, perils of the sea or air, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority; disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bar, strikes and walkouts. We shall endeavour to notify you as soon as possible should any such events or circumstances occur.
You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms and Conditions. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms and Conditions at Our discretion.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed to the minimum extent necessary and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
YOUR LEGAL RIGHTS
Nothing in these Terms and Conditions affect your rights under law.
In the event of a query or complaint about the Website or Us, please email us at email@example.com or contact Us at the addresses noted below.