The user hereby states that he has read, understood and unconditionally agree to abide by the terms and conditions ("T&Cs") described hereinafter in relation to the Refreshyourlife.in website:
These terms of sale ("terms") apply to all offers, sales and purchases of organic/natural food and health products and services which are sold through REFRESHYOURLIFE.IN (“Website”) by: (a) us, NJ Wellness Private Limited (references to "us", "we" or "our" being construed accordingly) the seller, to (b) you, the buyer (references to "you" or "your" being construed accordingly).
All purchases are final, non-cancelable, non-transferable and non-refundable, except as formally specified in the applicable returns / refund policy.
This Website REFRESHYOURLIFE.IN, is owned and operated by NJ Wellness Private Limited (“NJ Wellness”) and its group company, and is offered to you conditioned on your acceptance without modification of the terms, conditions, notices, etc. contained herein. Accessing and continued use of the Website constitutes your binding and conclusive acceptance and agreement of all such terms, conditions, and notices. If at any time the terms and conditions of this agreement are no longer acceptable to you, you should immediately cease all use of the Website and its ancillary products and services.
Any prices, quotations and descriptions made or referred to on this Website are subject to availability, and the same do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order.
While we make every effort to ensure that articles appearing on the Website are available, we do not guarantee that all items are in stock or immediately available when you submit your order. We may reject your order (without any liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for that article in terms of our Refund Policy.
An order submitted by you constitutes an offer by you to us to purchase articles on these T&Cs and is subject to our subsequent acceptance thereof.
Prior to such acceptance, an automatic e-mail acknowledgment of your order may be generated. Please note that any such automatic acknowledgment does not constitute a formal acceptance of your order.
Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your credit card or other online payment ("Acceptance").
We may keep records of orders received, acknowledgments, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide you with copies on written request; however you must make sure you print a copy of all such documents and these T&Cs for your own records.
You hereby represent that information provided by you when placing your order is up-to-date materially accurate and is sufficient for us to fulfill your order.
Unless agreed otherwise or required by applicable laws, any warranties provided in relation to articles/goods only extend to you on the understanding that you are a user and not a reseller of those articles/goods.
No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a goods manufacturer, licensor or supplier without our express prior written consent.
Before using the product you are unfamiliar with, you are advised to find out its medicinal properties. Research it thoroughly and/or consult with an appropriately qualified practitioner or expert.
If you are taking prescription drugs, or have a medical condition check with an appropriately qualified practitioner before using products.
As individuals human beings all have different constitutions, sensitivities, allergic reactions and possible health conditions. However, NJ Wellness shall not be responsible or liable for any kind of reaction/ adverse effect or symptoms as a result of use of any of the products listed on our Website.
The prices payable for products are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on the Website or an order acknowledgment but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance.
We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfillment of the order, you acknowledge that the product or service will be provided in accordance with such revised description or corrected price.
Unless otherwise specified, prices quoted are exclusive of the costs of shipping or carriage to the agreed place of delivery (charges which are stated on the Website); and exclusive of GST or any other applicable tax or duty which must be added to the price payable;
You agree to pay for taxes, shipping or carriage of products as such costs are specified by us on the Website when you submit your purchase order.
Unconditional and irrevocable payment shall be made while placing order and by such methods as are indicated on the Website.
On acceptance or the order by us, the payment shall stand appropriated to our account absolutely.
Delivery timescales/dates specified on the Website, in any order acknowledgment, acceptance or elsewhere are estimates only. While we endeavor to meet such timescales or dates, we do not undertake to dispatch goods by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from modifications you make to the delivery address after you submit an order.
If you refuse or fail to take delivery of goods/article provided in accordance with these T&Cs, any risk of loss or damage to the goods/article shall nonetheless pass on you and without prejudice to any other rights or remedies we have.
We shall be entitled to immediate payment in full for the goods delivered and either to effect delivery by whatever means we consider appropriate or to store goods at your risk.
You shall be liable to pay on demand all costs of goods storage and any additional costs incurred as a result of such refusal or failure to take delivery.
We shall be entitled 30 days after the agreed date for delivery to dispose of goods in such manner as we determine and may set off any proceeds of sale against any sums recovered from you.
Save as otherwise provided in these T&Cs, risk of loss of or damage to the goods passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.
LIMITATION OF LIABILITY:To the maximum extent legally permitted, whether or not we were aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose (1) our aggregate liability (whether for breach of contract, tort or any other legal theory) shall in no circumstances exceed the cost of the goods you ordered and that are most closely related to your damages and (2) we shall not be liable for special, incidental, additional, indirect, or consequential damages, lost profits, lost revenue, or cost of cover, third party or products liability of any nature whatsoever.
You shall indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of us in respect of the goods where this has been done to your (or your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.
To the fullest extent permitted by law and save where expressly set out in any License Terms or elsewhere, we shall have no liability to you in the event of the products infringing or being alleged to infringe the proprietary rights of any third party. In the event that the products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such right or title as we have.
WARRANTY "AS IS" IN GENERAL, WITHOUT REGARD TO SEPARATE WARRANTY STATEMENTS PACKAGED BY THE MANUFACTURER WITH THE PRODUCTS;
All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Webite or made available by us are intended to represent no more than a general illustration of the goods/article and do not constitute a warranty or representation by us that the goods will conform with the same. You must refer to the manufacturer's specifications or warranty documentation to determine your rights and remedies in this regard.
You will have the benefit of the manufacturer's, licensor's or supplier's warranty with the goods/article supplied and should refer to the relevant documentation supplied with the goods in this regard. (If applicable, a Refund Policy may also set out procedures applicable to repairs or replacement of defective goods delivered).
Except as expressly stated otherwise herein, we make no express warranties or representations and we disclaim all implied warranties and representations, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. These T&Cs state your sole and exclusive remedies.
If any license or consent of any government or other authority is required for the acquisition, carriage or use of the goods by you, you shall obtain such license or consent at your own expense and if necessary produce evidence to us on demand. Failure to do so shall not entitle you to claim any refund of the price/amount paid to us. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.
Any notice or other communications in relation to our contract may be given by sending the same by hand delivery, pre-paid post, fax or e-mail to the latest address and contact that one party has notified in writing to the other. This will also be the address for service of legal proceedings in the manner prescribed by law. Except as set out above in relation to cancellation of consumer orders, such notices or communications (where properly addressed) shall be considered received.
In relation to hand delivery, on the date of delivery at the relevant address (or, if this is not a working date, the first working date thereafter).
If posted, 5 working days after the date of posting.
If by fax, on the date of the transmission as evidenced by a successful transmission contact report (or, if this is not a working date, the first working date thereafter).
If sent by email, on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of 48 hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over your rights under these T&Cs.
We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made.
You acknowledge that these T&Cs supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These T&Cs prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable laws, we reserve the right to modify these T&Cs upon prior written notice to you with effect for the future subject to your right to reject, by way of written notice, our modifications to these T&Cs with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
No relaxation, forbearance, delay or indulgence by either you or us in enforcing any of these T&Cs or the granting of time by either party to the other shall prejudice or restrict such rights and powers.
No waiver of any term or condition of these T&Cs shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition.
If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these T&Cs to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction, all the above noted T&Cs will not be affected in other jurisdictions to the extent that such determination or finding has no application; and It will be applicable in the relevant jurisdiction, the remainder of these T&Cs (to the fullest extent permitted by law) will continue in full force and effect.
GOVERNING LAW:he construction validity and performance of these T&Cs shall be governed by Indian Law and the parties submit to the exclusive jurisdiction of Courts in Surat, Gujarat, India in the event of any differences, disputes or legal proceedings arising from any dispute. The language of any dispute resolution procedure or any proceedings will be English.
Note for Refresh Smart Retailer (RSR) :
Refresh Smart Retailer Registration with Re:fresh is for Wholesale consumer. If you are a shopkeeper or re-seller, you have to comply with FSSAI guidelines. NJ Wellness Pvt. Ltd. would not be responsible for any non compliance issues or if found selling re:fresh products without FSSAI registration/license
Defects are due (wholly or partially) to mistreatment, improper use or storage or failure to observe any manufacturers' instructions or other directions issued or made available by us in connection with the delivered goods.
Standard Shipping Speeds and Delivery charges for refresh items vary by order value, delivery from different locations & shipping address of the customer. Shipping services are outsourced with one well known courier company.
Rs. 100 for orders value from Rs. 1 to Rs. 249
Rs. 200 for orders value from Rs. 250 to Rs. 1998
Free shipping for orders value from Rs. 1999
Delivery charges for items which gets dispatched from different warehouse location may vary from the standard delivery charges specified. I.e if a Single cart contains two items and both items gets dispatched from different warehouse, Shipping charges may increase & client will get two order note, two invoices.
Shipping Cost will be displayed on cart page based on total order value.
This purchase is a direct transaction between you and NJ Wellness Private Limited.