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Governing gaurashtra.com and the Gaurashtra Mobile Applications
Operated by Shree Shyam Enterprises, trading as "Gaurashtra"
1. ACCEPTANCE OF TERMS
1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "User", "you") and Shree Shyam Enterprises, trading as "Gaurashtra" ("Gaurashtra", "Company", "we", "us", "our"), governing your access to and use of gaurashtra.com and the Gaurashtra mobile applications (collectively, the "Platform") and any purchase of products through the Platform.
1.2 By accessing the Platform, creating an account, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, Shipping Policy, and Refund & Cancellation Policy, each of which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Platform.
2. ELIGIBILITY
2.1 You represent that you are at least eighteen (18) years of age and competent to enter into a binding contract under the Indian Contract Act, 1872. The Platform is not intended for use by minors, and Gaurashtra reserves the right to cancel any order or terminate any account where it reasonably believes the User does not meet this requirement.
2.2 Products purchased through the Platform are intended solely for the Customer's personal, non-commercial use. Gaurashtra reserves the right to refuse, limit, or cancel any order that it reasonably believes is intended for resale, wholesale distribution, or other commercial exploitation.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. You agree to notify Gaurashtra immediately of any unauthorised use of your account or any other breach of security.
3.2 Gaurashtra shall not be liable for any loss or damage arising from your failure to comply with this Clause, and you agree to indemnify Gaurashtra against any claim arising from unauthorised use of your account attributable to such failure.
4. ORDERS AND ACCEPTANCE
4.1 The display of products on the Platform constitutes an invitation to offer, and not an offer for sale. Your placement of an order constitutes an offer to purchase, which is accepted by Gaurashtra only upon dispatch of the relevant product.
4.2 Gaurashtra reserves the right, in its sole discretion, to refuse, limit, or cancel any order, whether or not accepted or payment processed, including in cases of suspected fraud, pricing or listing error, stock unavailability, or suspected breach of these Terms. Where an order is cancelled after payment, Gaurashtra's sole obligation shall be to refund the amount paid, less any fees properly deductible under the Refund & Cancellation Policy.
4.3 Cash-on-Delivery orders are subject to verification, which Gaurashtra may conduct by telephone, email, or message at its sole discretion. Gaurashtra may confirm or cancel any such order on a discretionary basis, and may require the Customer to convert to a prepaid order where verification is unsuccessful.
5. PRICING AND PAYMENT
5.1 All prices are as displayed on the Platform at the time of order and are subject to change without notice. In the event of a pricing or listing error, Gaurashtra reserves the right to cancel the affected order and refund any amount paid, without further liability.
5.2 Delivery charges vary based on order weight and destination zone as set out in the Shipping Policy, and Gaurashtra reserves the right to revise delivery charges at any time without prior notice.
6. SHIPPING AND DELIVERY
6.1 Shipping and delivery of orders is governed by the Shipping Policy, which is incorporated into these Terms by reference.
7. CANCELLATIONS, RETURNS, AND REFUNDS
7.1 Cancellations and refunds are governed by the Refund & Cancellation Policy, which is incorporated into these Terms by reference.
7.2 Save as expressly provided in the Refund & Cancellation Policy for verified transit damage, missing items, or non-conforming products reported within the applicable window and supported by the required evidence, products once sold shall not be returned or exchanged for reasons of change of mind, and products once packed for dispatch shall not be altered or substituted.
8. PRODUCT INFORMATION AND DISCLAIMERS
8.1 Gaurashtra products are Ayurvedic, herbal, and wellness products intended for general well-being and are not intended to diagnose, treat, cure, or prevent any disease. Nothing on the Platform constitutes medical advice, and Customers should consult a qualified physician before use, particularly if pregnant, nursing, managing a medical condition, or taking medication.
8.2 Individual results from use of any product may vary. Gaurashtra makes no warranty, express or implied, that any product will produce any specific result for any particular Customer.
8.3 Customers with known allergies or sensitivities are advised to review product ingredient information carefully prior to use. Gaurashtra shall not be liable for any adverse reaction arising from a Customer's failure to do so.
9. INTELLECTUAL PROPERTY
9.1 All content on the Platform, including the "Gaurashtra" name and mark, logos, product names, text, graphics, images, and software, is the property of Gaurashtra or its licensors and is protected under applicable intellectual property law. No right, title, or licence to use any such intellectual property is granted to you except as necessary to use the Platform for its intended purpose.
9.2 You shall not reproduce, distribute, modify, or create derivative works from any content on the Platform, or use any Gaurashtra trademark or trade name, without Gaurashtra's prior written consent.
10. PROHIBITED CONDUCT
10.1 You shall not: (a) use the Platform for any unlawful purpose; (b) attempt to gain unauthorised access to the Platform or any related system; (c) use any automated means to scrape, extract, or reproduce content from the Platform; (d) resell products purchased through the Platform in the course of trade without Gaurashtra's prior written consent; or (e) engage in any conduct that is abusive, fraudulent, or that interferes with the proper functioning of the Platform.
10.2 Gaurashtra reserves the right to suspend or terminate access to the Platform, and to cancel any pending order, for any User reasonably believed to be in breach of this Clause.
11. DISCLAIMER OF WARRANTIES
11.1 The Platform and all products and content made available through it are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent such warranties cannot be excluded under applicable law.
11.2 Gaurashtra does not warrant that the Platform will be uninterrupted, timely, secure, or error-free, or that any defect will be corrected.
12. LIMITATION OF LIABILITY
12.1 To the fullest extent permitted by applicable law, Gaurashtra's aggregate liability arising out of or relating to these Terms, the Platform, or any order, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Customer for the order giving rise to the claim.
12.2 In no event shall Gaurashtra be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profit, data, or goodwill, whether or not Gaurashtra has been advised of the possibility of such damages.
12.3 Gaurashtra shall not be liable for any loss, damage, delay, or non-performance arising from the acts or omissions of third parties, including courier, logistics, customs, and payment-gateway providers, or from any cause beyond Gaurashtra's reasonable control.
12.4 Nothing in these Terms shall exclude or limit Gaurashtra's liability for death or personal injury caused by proven negligence, fraud, or any other liability that cannot lawfully be excluded or limited under applicable Indian law.
13. INDEMNIFICATION
13.1 You agree to indemnify and hold harmless Gaurashtra, its officers, employees, and agents from and against any claim, liability, loss, damage, or expense (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Platform; (c) your violation of any applicable law; or (d) your infringement of any third-party right.
14. INTERNATIONAL ORDERS
14.1 Orders for delivery outside India are subject to Clause 10 of the Shipping Policy. The Customer is solely responsible for compliance with the import regulations of the destination country, and for any duty, fee, or penalty arising in connection with such import, which shall not be borne by Gaurashtra.
15. FORCE MAJEURE
15.1 Gaurashtra shall not be liable for any failure or delay in performance under these Terms caused by circumstances beyond its reasonable control, including acts of God, natural disaster, pandemic, strike, war, governmental action, or failure of a third-party courier, logistics, or payment provider.
16. MODIFICATION OF TERMS
16.1 Gaurashtra reserves the right to amend, update, or replace these Terms, and the Shipping, Refund, and Privacy Policies incorporated herein, at any time and without prior notice, by posting the revised version on the Platform with an updated effective date. Continued use of the Platform following any such change constitutes acceptance of the revised Terms.
17. ASSIGNMENT
17.1 Gaurashtra may assign or transfer its rights and obligations under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without Gaurashtra's prior written consent.
18. WAIVER
18.1 No failure or delay by Gaurashtra in exercising any right under these Terms shall operate as a waiver of that right, and no waiver shall be effective unless made in writing and signed by an authorised representative of Gaurashtra.
19. SEVERABILITY
19.1 If any provision of these Terms is held invalid, illegal, or unenforceable by a court or authority of competent jurisdiction, that provision shall be modified to the minimum extent necessary to render it enforceable, or severed if it cannot be so modified, and the remaining provisions shall continue in full force and effect.
20. ENTIRE AGREEMENT
20.1 These Terms, together with the Privacy Policy, Shipping Policy, and Refund & Cancellation Policy, constitute the entire agreement between you and Gaurashtra in respect of your use of the Platform and supersede all prior or contemporaneous understandings, whether written or oral, on that subject.
21. GOVERNING LAW AND DISPUTE RESOLUTION
21.1 These Terms shall be governed by and construed in accordance with the laws of India.
21.2 Subject to Clause 21.3, the courts at Delhi, India shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any order, and you irrevocably submit to that jurisdiction and waive any objection to venue.
21.3 Nothing in this Clause shall affect any statutory right you may have, as a consumer, to approach the appropriate consumer disputes redressal commission or forum under the Consumer Protection Act, 2019, or any other forum whose jurisdiction cannot lawfully be excluded by agreement.
22. GRIEVANCE OFFICER AND NOTICES
22.1 In accordance with the Information Technology Act, 2000 and rules made thereunder, the Grievance Officer for the Platform is:
(i) Name: Mr. Anil Verma
(ii) Designation: Proprietor
(iii) Email: customercare@gaurashtra.com
(iv) Address: 295/1, Khasra No. 582, Rajeev Garden, Raj Nagar Loni, Loni, Ghaziabad – 201102, Uttar Pradesh, India
22.2 Any notice required to be given under these Terms may be sent by Gaurashtra to the Customer via email, SMS, or WhatsApp using the contact details associated with the Customer's account or order, and shall be deemed received when sent.
23. CONTACT
23.1 For any query regarding these Terms, contact us at customercare@gaurashtra.com or +91 92050 62776 (Monday to Saturday, 9 am–6 pm), or write to us at 295/1, Khasra No. 582, Rajeev Garden, Raj Nagar Loni, Loni, Ghaziabad – 201102, Uttar Pradesh, India.