The website is owned and operated By M/S Masala Herb
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Ourselves”, “We” and “Us”, refers to M/S Masala Herb. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, and any other means, for the express purpose of meeting the Client’s needs in providing the Company’s stated services/products, in accordance with and subject to, prevailing Laws in India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
The laws of India govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. The place of jurisdiction shall be exclusively in Goa.
By using the services, you are agreeing to all of the terms and conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the terms and conditions.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
M/S Masala Herb committed to protecting your privacy.
Your records are regarded as confidential and therefore will not be divulged to any third party, other than our Payment gateway and if legally required to do so to the appropriate authorities.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by M/S Masala Herb will only be in connection with the provision of agreed services and products.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and M/S Masala Herb will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law M/S Masala Herb and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect M/S Masala Herb’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Disclaimer as to Ownership of Trademarks, Images of Personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with M/S Masala Herb and you should not rely on the existence of such a connection or affiliation.
Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to M/S Masala Herb.
Your Account and Registration Obligations
By using this website, you shall be responsible for maintaining the confidentiality of your display name and password and all activities that occur under the same.
You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, that we shall have the right to indefinitely suspend or terminate or block access to your account on Masala Herb and refuse to provide you with access to the website.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with the Masala Herb shop you must be over 18 years of age. M/S Masala Herb retains the right to refuse any request made by you. If your order is accepted we will inform you by email.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The price displayed for each item on the product shop page and individual product pages is excluding VAT. The VAT amount will be calculated once you enter your address and will be displayed clearly on the checkout page (and also on the Invoice and in “My Account”). VAT and CST rates are according to Indian Tax laws.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Cash on delivery, all major Credit/Debit Cards and Net Banking are all acceptable methods of payment. You understand, accept and agree that the payment facility provided by M/S Masala Herb is neither a banking nor financial service but a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Masala Herb Website using the existing authorized banking infrastructure and Credit Card payment gateway network.
If you choose to pay with Cash on Delivery, you have to sign a Proof of Delivery Receipt with the courier Service, Blue Dart India, and pay the total order amount according to the invoice and package label. Do not pay anything beyond the total order amount to the delivery boy.
(d) Return, Refund and Cancellation Policy
All details can be read on the Return, Refund and Cancellation Policy page and are part of the M/S Masala Herb Terms and Conditions.
(e) Shipping and Delivery Policy
All details can be read on the Shipping and Delivery Policy Policy page and are part of the M/S Masala Herb Terms and Conditions.
The products/services featured on this website are only available within India. You are solely responsible for evaluating the fitness for a particular purpose of any text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of M/S Masala Herb.
M/S Masala Herb does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability and quality. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Any Party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of M/S Masala Herb or its licensors and are protected by copyright laws and treaties around the world.
All such rights are reserved by M/S Masala Herb and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on masalaherb.com nor may you use any such content in connection with any business or commercial enterprise.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
You agree to indemnify, defend and hold harmless M/S Masala Herb, its owner, employees and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
These terms and conditions form part of the Agreement between you, the Client, and, M/S Masala Herb, ourselves. Your accessing of this website and/or undertaking of a purchase or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Again, if you do not agree to this Terms and Conditions, please do not use masalaherb.com. Your continued use of the site following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions about this Terms and Conditions, the practices of this site, or your dealings with this site, please contact Masala Herb via the Contact form or at:
M/S Masala Herb
This document was last updated on October the 2nd, 2014
©Masala Herb 2011 – 2015 – All Rights Reserved