Definitions In this agreement “we” means nativcrush.com (and “us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly).
In this agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating any terms set out in our second acknowledgement.
“First acknowledgement” means the initial automatic email acknowledgment which we will send to you after receiving your order.
“Order” means your order for products made via the site.
“Products” means goods which may be purchased by you from the site.
“Second acknowledgement” means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your order.
“Site” means the website at www.nativcrush.com or any successor site operated by us from time to time.
Agreement The advertising of products on the site constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your order.
Regarding Courier partner:
We are not responsible for any major damages and non deliverable regions with professional couriers. as we have tie up with single professional courier franchise in our dispatch centre.
In order to enter into this Agreement with us, you will need to take the following steps:
You must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout;
If you are a new customer, you must then create an account with us and log in;
if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your Order and your consent to the terms of this Agreement; You will be transferred to the payment gateway to handle your payment; We will then send you the first acknowledgment and Once we have checked whether we are able to meet your order, we will either send you the second acknowledgement (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your order.
Please note that we will not file a copy of this agreement. We may update the version of this Agreement on the site 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 this agreement for your records.
The only language in which we offer this agreement is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your shopping cart. You may correct those input errors before placing your order.
About Us This website www.nativcrush.com is maintained and operated by Nativ Crush, An Indian Company registered at Chennai, India. You can contact us through the contact information provided at the contact page.
Products Products listed here are well known snacks from the particular area in which it is famous and herbal supplements which can be exclusively handpicked by nativcrush.com.
Pricing Prices for products are quoted on the site. The site contains a large number of Products and it is always possible that some of the products listed on the site may be incorrectly priced. We will verify prices as part of our sale procedures so that a product’s correct price will be stated in the second acknowledgement/when you pay for the product.
In addition to the price of the products, you will have to pay a delivery charge, which will be as stated in the second acknowledgement when you pay for the product. We may withhold the products and/or terminate this agreement if the price is not received from you in full, on time, in cleared funds.
The prices on the site include any value added or sales taxes (where applicable).
Payment for all products must be made by credit/debit card/net banking OR any method detailed on the site from time to time.
Prices for products are liable to change at any time, but changes will not affect agreements which have come into force.
Delivery We will arrange for the products to be delivered to the address for delivery indicated in your order. We will use reasonable endeavours to deliver products on or before the date for delivery set out in our second acknowledgement or, if no date is set out in our second acknowledgement, within 15 days of the date of our second acknowledgement. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 15 days of the later of receipt of payment and the date of our second acknowledgement.
A Customer is responsible for the customs clearance in the respective destinations and please checks whether this product is allowed to enter in to your country before placing the order. We will not refund any amount if the shipment is returned by the customs. We will keep the receipt of Despatch and it should be treated as the document of proof for the despatch.
Risks The products will be at your risk from the time of despatch. Ownership of the products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).if Door closed/wrong address mentioned and products not delivered you are responsible for that.
Customer Rights You may cancel this agreement at any time within 7 working days after the day you received the products (subject to the limitations set out below).
You will not have any such right insofar as this Agreement relates to:
(i) the products Received was damaged/spoiled.
(ii) Have to send images of that immediately
Limitations of Liability Nothing in this agreement shall limit or exclude your or our liability for:
(i) death or personal injury caused by negligence;
(ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987;
(iii) for fraud or fraudulent misrepresentation; or
(iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this:
(i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product;
(ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and
(iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
Terms in General Images of products on the site are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy, use of our website will be subject to our website terms and conditions.
This agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any agreement which we have entered into with you.
If any provision of this agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this agreement.
You may not assign charge, sub-contract or otherwise transfer this agreement, or any of your rights or obligations arising under this agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this agreement, or any of our rights or obligations arising under this agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this agreement. This agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The rights of the parties to terminate, rescinds, or agree any amendment, variation, waiver or settlement under this agreement is not subject to the consent of any person who is not a party to this agreement.
This agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.