TERMS AND CONDITIONS
SERVICES OVERVIEW
As part of the registration process on the Site, Vishwanath Oil Products may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
ELIGIBILITY
Services of the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
LICENSE & SITE ACCESS
Vishwanath Oil Products grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Vishwanath Oil Products. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Vishwanath Oil Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Vishwanath Oil Products and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or Vishwanath Oil Products name or trademarks without the express written consent of Vishwanath Oil Products. Any unauthorized use terminates the permission or license granted by Vishwanath Oil Products.
ACCOUNT & REGISTRATION OBLIGATIONS
All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site.
PRICING
All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering 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 some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
AVAILABILITY OF PRODUCTS
All products orders are subject to availability.Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with the information on substitute products of the same or higher quality and value that you may order.If you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material and content from the same.Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the order confirmation . We reserve the right to do so any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the order confirmation.
DELIVERY
Notwithstanding Clause Availability of Products above regarding product availability and except for extraordinary circumstances, we will endeavour to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation. Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid. Keep in mind in any case that we do not make home deliveries on, Sundays or bank holidays. For the purpose of these Conditions, the “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.
INABILITY TO DELIVER
If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organise delivery on another day. If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will refund to you all payments received from you, including delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 30 days of the date on which this Contract has been terminated. Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.
TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The products shall be under your responsibility from the moment of delivery to you as outlined in Clause 10 above. You will take ownership of the products when we receive full payment of all amounts due, including delivery charges, or at the moment of delivery (as defined in Clause 10 above), if that were to take place at a later time.
BUYING GOODS AS A GUEST
The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.
INVOICE
Invoice will be provided (or emailed) to you along with the products when delivered.
LIABILITY AND WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Due to the open nature of this website and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website. All product descriptions, information and materials shown on this website are provided “as is”, with no express or implied warranties on the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the Contract, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the Contract if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.iii. loss of profits or contracts; iv. loss of forecast savings; v. loss of data; and vi. loss of business or management time.
VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not make undue use of this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other software or technologically damaging or harmful material. You shall not attempt to make unauthorised access to this website, the server on which the site is hosted or any server, computer or database related to our website. You undertake not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker.
APPLICABLE LEGISLATION AND JURISDICTION
The use of our website and the product purchase contracts through said website shall be governed by the laws of India. Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Indian courts in kanpur, If you are entering into the contract as a consumer, nothing in this Clause shall affect the statutory rights you have, as recognised in any applicable legislation in this area.
