Terms and Conditions

Personal Information

“Best Grapes” is a trademark of Best Grapes in the course of its business. The domain name www.BestGrapes.co.in is owned by the Company .

All visitors to www.BestGrapes.co.in (Site) are advised to read and understand the Terms of Use carefully, as by accessing the Site you agree to be bound by the same.

If you do not agree with the Terms of Use of the Site , please do not use or access the Site. As such your access or use of the Site implies your acceptance of the said terms of use, as amended from time to time, and constitutes an agreement between you and the Company (User Agreement). 

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. The Terms of Use herein are subject to change from time to time by the Company without notice. It is strongly recommended that you periodically review the Terms of Use as available on the website.

The terms ‘visitor’, ‘user’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Site at any point in time.

Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at info@bestgrapes.co.in.

Services Overview

As part of the registration process on the Site, the Company may collect the following personally identifiable information about you: Name - including first and last name, email address, mobile phone number and other contact details, 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 a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company which is incorporated in these Terms of Use by reference.

Eligibility

Services on 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 minors, un-discharged insolvents etc. are not eligible to use the Site.

However, if you are a minor, i.e. under the age of 18 years, you may use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Company reserves the right to terminate or refuse your registration, or refuse to permit access to the Site.

License & Access

The Company grants you a limited sub-license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The website or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. 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 website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network, or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information

belongs to another person and to which you do not have any right;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

harms minors in any way;

infringes any patent, trademark, copyright or other proprietary/intellectual property rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;

impersonates another person;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

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 cognizable offence or prevents investigation of any offence or is insulting any other nation; or

(x) is misleading or known to be false in any way.

Account & Registration Obligations

All users have to register and login for placing orders on the Site. You must keep your account and registration details current and correct for communications related to your purchases from the Site. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by unsubscribing on the Site itself, or by contacting the customer services team and placing a request for unsubscribing.

Pricing

The price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that a product listed on the Site will not be sold at a price higher than its MRP (Maximum Retail Price). Although prices of most of the products do not fluctuate on a daily basis, 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, no additional charges will be collected or refunded as the case may be at the time of the delivery.

Coupons and Promo Codes

From time to time, the Company may at its discretion offer a user promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the Site. Unless specifically stated on the code or coupon, a promotional code or coupon shall:

expire at 12:00AM on a date being 10 days (inclusive of the issuance date) from the date of issuance endorsed thereon;

have a maximum discount value of INR 100.00 only.

When using promotional codes and coupons for a purchase on the Site, the payment mode "cash on delivery" shall not be available for making payments towards the order.

Special Code T&Cs

1. Maximum discount that can be availed is ₹100.

2. Coupon code is valid till 24th May 2016, 9 pm.

3. Coupon code is valid only on registered phone number of selected users who have received SMS/E-mail communication from Best Grapes regarding the same.

4. Discount valid only once per user.

Cancellation by Site/Customer

As a user, you may cancel your order at any time until the order has been dispatched from the merchant(s), after being placed. In such a case we will refund payments, if any, already made by you under the relevant order.

The Company at its sole discretion may cancel any order(s): (a) if it suspects a customer has undertaken a fraudulent transaction, or (b) if it suspects a customer has undertaken a transaction which is not in accordance with the Terms of Use, or (c) in case of unavailability of a product, or (d) for any reason outside the control of the Company including causes for delivery related logistical difficulties.

Further, while all measures are taken to ensure accuracy of product specifications and pricing, the details of a product as reflected on the Site may be inaccurate due to technical issues, typographical errors or incorrect product information provided to the Company by a supplier and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such event, the Company reserves the right to cancel your order and refund any monies that may have been paid by you towards purchase of such products.

We maintain a negative list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.

Return & Refunds

If customer is not satisfied with the quality of the grapes, Customer have to reach nearest STORE TO REPLACE the grapes *.

However, it is clarified that no returns or refunds are permitted after the product purchased has been accepted for delivery.

You Agree and Confirm

That in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by you.

That you will use the services provided by the Site for lawful purposes only, and comply with all applicable laws and regulations while using and transacting on the Site.

You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time.
If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.

That you are accessing the services available on the Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Site.

That before placing an order, you shall check and review the product description carefully and in sufficient detail. By placing an order on the Site, you agree to be bound by the conditions of sale included in the item’s description without exception.

Disclaimers Regarding Products

We have made every effort to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen. 

The Company does not make any representation or warranties in respect of the products available on the Site nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Site. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties. 

You acknowledge and agree that the Company shall act as your agent for retrieval and delivery of product(s) purchased on the Site, and that the Company has no relationship with you other than to provide such retrieval and delivery service. At no time shall the Company have any right, title or interest to any product(s). The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise. 

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Site will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit. 

Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.

Copyright & Trademark

The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Site. Access to or use of the Site does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the Site are owned by or licensed to the Company. Any use of the Site or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company. 

You may not modify, distribute or re-post anything on the Site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to or use of the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services. 

The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third party websites, you do so entirely at your own risk and expense.

Objectionable Material

You understand that by using the Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-compliance with any of your obligations under these Terms of Use, or arising out of a violation of any applicable laws, including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Limitation of Liability

The aggregate liability of the Company, if any, that can be established and proved pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established. 

It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

Termination

This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Site. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site. 

Such termination will be without any liability to the Company. The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Site or affect any liability that may have arisen under the User Agreement prior to the date of termination.

Governing and Jurisdiction

The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder. 

Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Nashik and the language of the arbitration shall be Marathi. 

Subject to the aforesaid, the Courts at Nashik shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

Grievance Policy

In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Site, including those pertaining to breach of the Terms of Use or and other polices are published as under.