The Website (hereinafter defined) is owned and operated by The Eastern Tea Company (hereinafter referred to as the “Company”, “we” or “us”, which term shall include its successors and permitted assigns).
This page sets out the terms and conditions which govern the use of the Website (https://www.yava.co.in/- ) (the “Website”). The Website offers the purchase of tea, coffee and/or beverages (“Products”);
- Eligibility to Use
- Use of the Website is available only to persons resident in India who are competent to enter into legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents are not eligible to use the Website.
- Orders are accepted from customers who are 18 years of age and above. By placing an order through the Website, you confirm that you are at least 18 years of age.
You represent that purchase of any Products by you through the Website (whether directly or indirectly) shall not be used for any unauthorized or illegal purpose.
However, a parent or legal guardian of a person “incompetent to contact” such as minors or the persons with unsound mind would be permitted to access and use the website for the purpose of purchasing the products on behalf of such persons.
- Registration, Username and Password
- Registration of User Account:
- a) In order to use the facilities of the Website, you may be required to register by creating a user account. During the registration process you will be invited to choose a desired username and password which will be unique to you.
- b) You agree and confirm that you shall (A) create only one account; (B) provide accurate, truthful, current and complete information when creating your account and (C) in all your dealings through the Website (C(i)) maintain and promptly update your account information; (C(ii)) maintain the security of your account by not sharing your password with others and restricting access to your account and your device; (C(iii)) promptly notify the Company if you discover or otherwise suspect any security breaches relating to your account or the Website; and (C(iv)) take responsibility for all activities that occur under your account and accept all risk of unauthorized access to the same.
- Confirmation: The Company reserves the right (but shall not be obliged) to confirm and validate the information and other details provided by you in the course of use of the Website at any point of time. If upon such confirmation any details furnished by you are found or are reasonably believed to be inaccurate, false, misleading or fraudulent, the Company shall, in its sole discretion, have the right to reject the registration and debar you from using the Website without any intimation to you and the Company assumes no responsibility and shall not be liable for, any such act on its part.
- Website availability
- The Company provides no representation or assurance that access to the Website will be uninterrupted or error free.
- The Company assumes no responsibility, and shall not be liable for, any damages caused by viruses, Trojans or other forms of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by you to access or use the Website, or your account on the Website and which may have an adverse impact on your experience of browsing the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. You are expected to use adequate anti-virus software and firewalls in your device to guard against possible attacks by malicious software.
- The Company shall not be responsible for any delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the purchase of any Product from the Website.
- Any information disclosed or uploaded by you is at your own risk. The Company shall not be responsible in any manner for any direct, indirect, special or consequential damages, howsoever caused arising out of any loss of such information provided to the Company.
- The Company reserves the right to modify, suspend or withdraw the whole or any part of the Website or any of its contents at any time without any notice or liability.
- Third Party Information and Links
The Website may be linked to the website of third parties [including Partner Seller (hereinafter defined)], affiliates, sponsors and other business partners. It is the sole responsibility of the concerned third party to ensure that all information in its website is accurate in all respects. The Company has no control over, and is not liable or responsible for the content, accuracy, validity, reliability, quality of such websites as redirected or made available by/through our Website. Inclusion of any link on the Website does not imply that the Company endorses the linked site. You may use the links and their services at your own discretion and risk.
- Product/ Service Information and Pricing
- All the information displayed on the Website is current at the time of display.
- The Company does not accept liability for any errors in pricing, description and Product image. Pricing, Product/Service information and availability is subject to change without notice. Fulfillment of orders is subject to availability of Product/Service at the time of processing the order.
- Actual Product packaging and materials may contain more and/or different information than that shown on the Website. The Company and its employees take absolutely no responsibility for any Product, image, content, information, goods or service that is provided on the Website. In good faith, the Website, reprints information regarding therapeutic claims and mode of action of advertised Products and Services based entirely on data provided by the manufacturers, suppliers or Partner Sellers (hereinafter defined), as the case may be. The Company recommends that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a Product and/ or Service. If in doubt, you should consult your registered medical practitioner doctor for guidance.
- The Company does not take any responsibility for information and content printed on the labels or packaging of any Product and shall not be liable for the same.
- The Company reserves the right to withdraw any Product from the Website at any time at its sole discretion without prior notice or providing any reasons and without any liability.
- Order Placement
- The listing of products on the Website is merely an “invitation to an offer for sale” and not an “offer for sale”.
- The placement of an order by you shall constitute an offer by you to enter into an agreement with the Company or the relevant Partner Seller (“Offer”). Post the Offer, the Website shall send an email to you acknowledging successful placement of your order technically. However, such an email shall not be considered as an acceptance of the Offer by the Company. If the Company is unable to accept the Offer for any reason whatsoever including discontinuance of the Product ordered, non-availability of stock, etc. then the Company shall be entitled to cancel the Offer within a maximum period of 7 working days from the date of receipt of the Offer. Payment shall be refunded as soon as the order is canceled in case payment was received along with the Offer.
- Products enlisted on the Website may be supplied/ made available to you either by the Company, its franchise or affiliated third party seller or supplier or service provider (“Partner Sellers”). The placement of an order by you shall constitute an Offer. Post the Offer, the Website shall send an email to you acknowledging successful placement of your order technically. However, such an email shall not be considered as an acceptance of the Offer by the Company or the relevant Partner Seller, as the case may be. The offers received on the Website for Products remain under status as “In Process”. Once the order is ready for shipment, its status is changed to “Shipped” and auto-generated email and SMS alert/ notification is sent to the user. Once such an order is delivered, the status is changed to “Complete” which means the order placed through the Website has been fulfilled and this is also notified to the user by an auto-generated email, SMS alert/ notification.
- By placing an order through the Website, you represent and declare that you take complete responsibility for any side effects which might occur as a result of using the Product.
- Delivery, Return and Replacement
- It is your obligation to enter the correct delivery address details at the time of placing an order. If you enter the wrong address, The Company is not obliged to re-send the order to the correct address at our expense. The Company will provide you with an estimated date for delivery of all parcels and we will make reasonable commercial efforts to complete the delivery by the estimated date. However, it is clarified that “the estimated dates” displayed at the time of placing your orders are mere estimates and the Company will not be held liable for any delay of delivery of such products beyond the estimated dates.
- It is the responsibility of the customer to promptly inform the Company if an order does not arrive. Once we find out an order has not arrived by the due date, the Company will lodge enquiries with the relevant logistics services provider for delivering the Product.
- Emergency deliveries may be available but cannot be guaranteed. Therefore, in case you need any Product immediately or urgently, the Website/ Company strongly recommends going to a nearby store to purchase it instead of ordering it through the Website.
- If an item has been lost in transit, the Company will not dispatch the lost item immediately. Replacement items will be dispatched solely as per our discretion.
- You may place a request through the Website for (a) returning any Product and (b) refunding amounts paid by you for such Products within ten days of the delivery of such Products. Any such request for return/refund must specify the reason for the same. Once such request is placed through the Website, the Company shall assess the reasonableness of such request and shall, at its sole discretion, accept or reject such request. In case the Company accepts the request for return of a Product, any amounts paid by you for such Product shall be refunded to your designated bank account specified in your request for return/ refund after you return the relevant Products to the Company. Some products are not eligible for returns. Refer our Return Policyin detail for this.
- No Liability for the Products not manufactured by the Company:
- You agree, understand and acknowledge that the Company is not the manufacturer of all the Products listed in the Website and accordingly, shall not be liable in any manner whatsoever for any liability, loss, damage or compensation that is legally attributable to the manufacturer of such Products (which are not manufactured by the Company) or is due to any manufacturing/provisioning deficiency, fault, lapse or error.
- The Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability or fitness for a particular purpose or in relation to any Product (which are not manufactured by the Company) purchased via use of the Website, whether directly or indirectly.
- By using the Website, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, e-mails, from the Company, Partner Seller and/or their representatives at any time with the use of the telephone number and e-mail address that has been provided by you for the use of the Website. The use of the Website is also your consent to receive SMSs/ notifications from the Company, a Partner Seller and/or their representatives at any time as they deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls/electronic messages (SMS, Email). In case you wish the communications to cease, kindly set your preferences via notifications settings in your account.
- You may also be contacted by service providers with whom the Company has entered into a contract in furtherance of its rights, duties and obligations under this document and all other policies followed by the Company. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
- Intellectual Property Rights
- All content on the Website (including images, illustrations, text, logos, design, audio or video clips) are the intellectual property of the Company or the relevant Partner Seller (as the case may be).
- Copying, storing, distributing, transmitting or otherwise modifying any content on the Website otherwise than for your personal, non-commercial use is prohibited and shall amount to an infringement of the intellectual property rights of the Company or the relevant third parties under applicable laws.
- User Conduct
- You are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
a) belongs to another person and to which you do not have any right;
b) 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;
c) harm minors in any way;
d) infringes any patent, trademark, copyright or other proprietary rights;
e) violates any law for the time being in force;
f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) impersonate another person;
h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
i) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
- You are also prohibited from:
a) violating or attempting to violate the integrity or security of the Website;
b) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the business of the Company;
c) making any unsolicited communications to other users of the Website;
d) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website; or
e) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
- Cancellation or Termination
The Company reserves the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time without providing any reasons whatsoever and without any liability.
- In no event shall the Company, its officers, directors, employees, associates, partners or agents be liable to you for any special, incidental, indirect, consequential or punitive damages whatsoever arising out of or in connection with your use of or access to the Website.
- The limitations and exclusions in this section shall apply to the maximum extent permitted by applicable law.
- Governing Law
- Dispute Resolution
- All disputes pertaining to, arising out of or in connection with the use of the Website by you shall be referred to arbitration by a sole arbitrator to be appointed by the mutual consent of the Company and yourself. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended or restated from time to time. The seat and venue of arbitration shall be Kolkata and the language of arbitration shall be English.