Amazing India Grocery Store is the trading name operating from capelle aan den Ijssel in the Netherlands.
The Terms & Conditions are important and hence, need to be read carefully and accepted before purchasing products and services from Amazing India website. This also serves as a legal contract between the Customer and the Amazing India. References to ‘you’ or ‘your’ shall relate to the Customer registered with the website and references to ‘Amazing India’ management. As you register, login, browse or purchase from the website you also agree that you have understood the terms and also accept to be bound by it.
Amazing India reserves the right to review and change any terms of this Agreement by updating this page at its sole discretion. As and when the Terms and Conditions are updated, Amazing India will take reasonable measures to keep you updated with the new terms. The terms are effective from the date and time of their publication in the website.
This Agreement constitutes and encompasses in its entirety the terms and conditions related to the purchase or sale of goods or services on the Site and binds both the customer and the Amazing India in the form of an agreement. This Agreement along with the terms and conditions in regard to goods or services can be modified or terminated only by Amazing India and should be made available in written form in the website.
The law states that a minor cannot enter into contracts. By making an on-line purchase the Customer accepts these terms & conditions and acknowledges to be over the age of eighteen (18) years and enters into a legal contract with Amazing India. In the event of Amazing India suffering any loss or damage, as a result of a transaction entered into by a minor, Amazing India reserves the right to seek compensation and legal action for such losses from the parents or guardians of the minor who caused the order to be placed.
This agreement and any sales hereunder shall be governed by the laws Netherlands. The customer consents to the jurisdiction of any court of competent jurisdiction for purposes of any suit, action or proceeding arising out of this sale agreement.
Title to goods herein being purchased passes to the purchaser upon delivery of the goods, unless otherwise specified or the payment for the goods is unsuccessful for any reason. Loss or damage that occurs during shipping by a carrier or delivery partner selected by Amazing India is the responsibility of Amazing India. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
General Disclaimer
You acknowledge that Amazing India does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the products other than provided for pursuant to these Terms.
Amazing India will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Dutch Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
• All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded.
• Amazing India will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of images in the products, Categories, Sub-Categories, Brand etc may not be the images of the actual product. Images are only for the representational purpose.
Use of the Website, the Purchase Services, and any of the products of Amazing India (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Amazing India, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind.
Amazing India is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Amazing India, by third parties or by any of the Purchase Services offered by Amazing India.
In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to an email address, preferred username, a password, Full Name, a delivery address, a contact phone number, date of birth.
You warrant that any information you give to Amazing India in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (‘Registered User’) and agree to be bound by the Terms.
As a Member you will be granted access to the Purchase Services.
As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:
• Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• The Terms;
• Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
• Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Amazing India of any unauthorised use of your password or email address or any breach of security of which you have become aware;
• Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Amazing India providing the Purchase Services;
• You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Amazing India for any illegal or unauthorised use of the Website;
• And you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
You may not use the Purchase Services and may not accept the Terms if:
• you are not of legal age to form a binding contract with Amazing India; or
• you are a person barred from receiving the Purchase Services under the laws of Netherlands or other countries including the country in which you are resident or from which you use the Purchase Services.
In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’). Payment of the Purchase Price may be made through one of the following third party providers:
• 3rd party payment gateway service
• Pay on delivery, EFTPOS on delivery
In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. Following payment of the Purchase Price being confirmed by Amazing India, you will be issued with a receipt to confirm that the payment has been received and Amazing India may record your purchase details for future use.
You acknowledge that the Purchase Services offered by Amazing India (the ‘Delivery Services’) through the use of their own delivery services (the ‘Delivery Service Providers’). In the event that an item is lost or damaged in the course of the Delivery Services, Amazing India asks that you to inspect the items upon delivery and let the delivery person know right away.
Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of Amazing India are subject to copyright. The material on the Website is protected by copyright under the laws of Netherlands and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Amazing India or its contributors.
Amazing India retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
• the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Amazing India;
• or the right to use or exploit a business name, trading name, domain name, trade mark or industrial design;
• or a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
You may not, without the prior written permission of Amazing India and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
Amazing India takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to Amazing India’s Privacy Policy, which is available on the website.
The Terms will continue to apply until terminated by either you or by Amazing India as set out below.
If you want to terminate the Terms, you may do so by:
• Notifying Amazing India at any time;
• And closing your accounts for all of the Purchase Services which you use, where Amazing India has made this option available to you.
Subject to local applicable laws, Amazing India reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Amazing India’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Amazing India have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Amazing India, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice by that other party, the parties to the Terms must:
Within 90 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 90 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator.
Conflict Resolution Service or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
