Terms and Conditions
PAYMENT, DELIVERY, RETURNS/ ONLINE PURCHASE POLICY:
The terms and conditions contained herein along with the Privacy Policy and Agreement will be
regulating our relationship with regard to the use of www.soul-foods.in by you. You are advised to read this Agreement carefully before entering into a transaction on www.soul-foods.in. All transactions entered would be legally bound by this agreement. Your transactions on this website are subject to this Payment, Delivery and Returns Policy and Terms and Conditions and our Privacy Policy available here on this website. This website www.soul-foods.in is operated by Telluric., an company incorporated under the Indian Companies Act of 2013.
The policy is issued by ‘Telluric Foods Ltd.’ hereinafter referred as ‘Telluric’. By placing an order on this site you are entering
into a purchase/sale transaction with Telluric. The terms and conditions are enumerated as follows -
Definitions: “Agreement” means the acceptance of terms and conditions as detailed
herein including all schedules, appendices, annexure, privacy policy and will include the
references to this Agreement as amended, supplemented, varied or replaced time to time. www.soul-foods.in or the “Site” means the online shopping portal owned and operated by Telluric. which provides a platform to the shoppers to buy the products listed on the site. “Vendor”/”Seller”/”Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on www.soul-foods.in “Customer” / “Buyer” shall mean the person or any legal entity who accepts the
offer for sale on site by placing an order for and or purchases any products offered forsale on the site. “User”/ “You” means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Site.
Eligibility: You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.
Term: This Agreement shall continue to be in full force and effect for so long as you are using the site. The site provides the online shopping platform where in the Users can purchase/buy the products and services listed on it pursuant to the terms and conditions set forth below. By clicking on the “Proceed to Payment” button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations.
Termination: Either User/ You or Telluric. may terminate the agreement at any time, with or without cause. However, Telluric. reserves the right, in its sole discretion, to terminate your access to the products and services offered on the site or any portion there of at any time, without notice. Modification of Terms and Conditions: Telluric. may at any time modify the terms and conditions contained on the Site without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the modified Terms and Conditions.
Online Shopping Platform: You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. Telluric Brands Pvt Ltd accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The address at which delivery of the products ordered by you are to be made should be correct and complete in all respects. After the receipt of payment the Buyer/ cash on delivery as the case may be, Telluric. either by itself or through its affiliates shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer. We do not offer international shipping currently and our delivery region is limited to India. Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway. Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
Product Pricing: Product prices listed on the website are current. All prices listed on the Site are listed at the Maximum Retail Price (MRP), inclusive of Goods and Services Tax (GST) at the applicable rates and/or all other taxes that may be levied by the Government from time to time.
While every care has been taken to label the products accurately, errors in data entryand update may occur. Telluric. reserve the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer. Prices are subject to change without advance notice. All prices on this website are given in Indian Rupees. For international cards used on the site, the banks
applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument. All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and raising of an invoice. You will be billed the prices prevalent during the invoicing of the products. Our products are liable for VAT in India.
Out of Stock situations: Our endeavour is to ensure that all products listed on the siteare available in stock for dispatch to the buyer. However, in case this in not available for any reason, we will contact you within 2 business days and give you the option to exchange, delay or cancel the order based on your convenience.
Payment Options: The following modes of payments are available: a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card b) Visa Debit cards c) Net banking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for purchases. As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will be required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. Your credit card or debit card statements will reflect “CCAvenues/ www.soul-foods.in/ Telluric”. In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To place an order you will need to complete the transaction on the website. This may or may not be assisted with a phone call from the customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites. After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section. In this section you will be asked for address and other contact information as well as payment related information .Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same. Security: Transactions on the website are protected by SSL (Secure Sockets Layer) and Secure Data Encryption using a 1024-bit process. Any information you enter when transacting with the web store is sent in a Secure Socket Layer (SSL) session and is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that it follows the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorised and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with. Suspension due to non-compliance with Agreement: Notwithstanding other legal remedies that may be available to Telluric., Telluric Foods Ltd may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site.
If the User is in breach any of the terms and conditions of this Agreement;
If the User has provided wrong, inaccurate, incomplete or incorrect initiation;
If your actions may cause any harm, damage or loss to the other Users or Telluric SOUL
Indemnity: User agrees to defend, indemnify and hold harmless Telluric ., its employees, directors, officers, agents and their successors and assigns 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 the User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim 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 Agreement. Governing Law and Jurisdiction: This website is owned and controlled by Telluric Foods Ltd. in Kochi Mumbai, India and the laws of India shall apply. This agreement is governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Kochi, Kerala Greater Mumbai, India, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Telluric Foods Ltd, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Site.
Intellectual Property Rights: Telluric is a licensed user of Telluric and other names, graphics, logos, and icons identifying Telluric or its products or services are the proprietary marks of Telluric. These IPR’s may not be used in connection with any product or service that is not offered by Telluric., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Telluric. All other trademarks not owned by Telluric Foods Ltd that appear on this site are the property of their respective owners. Entire Agreement: These Terms and Conditions, together with privacy policy, and other rules and policies posted on the site, constitute the entire agreement between you and Telluric Foods Ltd with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and Telluric Foods
Ltd with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.
Submissions: Telluric welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, initiation, or any other content you contribute to this site (including the name you submit for any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Telluric to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by Telluric will not infringe upon or violate the rights of any third party.
Shipment of Products: Purchases are shipped from our own or third party warehouses/ stores or offices from various points in India. Our endeavour is to make the products reach you within 7-10 days from receipt of order and payment. Order deliveries will be made usually between 10.30 am – 7 pm Monday –Sunday. Goods will need to be signed for upon delivery. We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorised by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order. The delivery will NOT be redirected / redelivered to any other address in any circumstance. The selected product will be delivered only in the city it is mentioned as “available” on this Site. Telluric shall not be held responsible for damage of products after delivery. Telluric will contact the customer to confirm the date, time & address of delivery. If the delivery fails due to following reasons, Telluric will contact the customer again to deliver the goods & shall levy additional delivery charges for the second attempt. In case the customer refuses to pay the additional delivery charges, Telluric will treat the order as cancelled and shall refund the entire order money net of cancellation and delivery charges to the Customer. Telluric will consider the order delivery “failed” in the following cases:
Delivery not done due to wrong address.
Recipient not available.
Premises locked.
In case of floods/ Heavy Rains/ National Bandh we reserve the right to reschedule the delivery for another date. In case the product is not delivered due to any of the above reasons, we will inform you about the same. All claims for shortages or damages must be reported to customer service on the day of delivery through the contact us page on the web store. Also the said shortage of goods needs be highlighted and signed on the delivery challan copy and returned to the delivery person. Delivery Charges: Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments.
Product returns: Once products are delivered to you and accepted as accurate and as per the original order, no refunds or exchange can be done. To return any items that are damaged or expired or not as per your original order, Please return these products to the delivery person along with a remark on the delivery challan. Please contact customer service by email through the contact us link on the website. Mention the return of products along with the order number, and the date of delivery. All returned items must be accompanied by a copy of the original receipt, a return / exchange authorization number and in unopened, saleable condition. Postage and charges for return of these will not be refunded. Please note that in any case we cannot offer exchanges or refunds on any sale of opened or used products. Please allow one to three weeks from the day you return your package for your refund request to be processed. You will be contacted once your return is complete.
Disclaimer: “We as a Retailer shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”. Thank you for visiting www.soul-foods.in
Limitation of Liability :
USERS OF THIS SITE MUST BE 18 YEARS OR OVER. THE USE OF THIS SITE DOES NOT CREATE A PRINCIPLE-AGENT RELATIONSHIP. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THE SERVICES OFFERED HEREIN, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY,
RESULTING FROM:
(1) THE USE OR INABILITY TO USE THE SITE OR SERVICES;
(2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE;
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA;
(4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY US AS A RESULT OF YOUR USE OF THE SITE IN THE USAGE PERIOD. YOU SHOULD CAREFULLY READ ALL PRODUCT PACKAGING AND INSTRUCTIONS FOR ANY / ALL PRODUCTS PURCHASED FROM THIS SITE.