Swank and Salubrity Foods and Beverages Pvt. Ltd. (“SSFB”) is the licensed owner of the brand Fruitbagan and the website fruitbagan.com (”The Site”). As a visitor to the Site/ Customer you are advised to please read the Term & Conditions carefully.

By accessing the services provided by the Site you agree to the terms provided in this Terms & Conditions document.

Definitions and key terms

To help explain things as clearly as possible in this Return & Refund Policy, every time any of these terms are referenced, are strictly defined as:

• Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to FRUITBAGAN, that is responsible for your information under this Return & Refund Policy.
• Customer: refers to the company, organization or person that signs up to use the FRUITBAGAN Service to manage the relationships with your consumers or service users.
• Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit FRUITBAGAN and use the services.
• Service: refers to the service provided by FRUITBAGAN as described in the relative terms (if available) and on this platform.
• Website: FRUITBAGAN site, which can be accessed via this URL: https://Fruitbagan.com
• You: a person or entity that is registered with FRUITBAGAN to use the Services.

Eligibility

Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users.

License & Site Access

You may access and make personal use of this site and not download (other than page caching) or modify it, or any portion of it, except with express written consent of SSFB. You will not use it for any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of SSFB. Any unauthorized use terminates the permission or license granted by SSFB

Obligations of Users

All users have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service. 

Pricing

The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. The prices of commodities and fresh food prices change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charge will be collected or refunded as the case may be at the time of the delivery of the order.

Colours

We make every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see depends on your monitor, we cannot guarantee accuracy of your monitor's display.

Cancellation by Site / Customer

You as a customer can cancel your order anytime up to the cut-off time by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which is contrary to the terms and conditions of using our website, we at our sole discretion could cancel such orders.

Return & Refunds

As wer are dealking with fresh products like fruits and vetetables you may return the product immediately on delivery if you are not satisfied due to quality. In such case we will issue a credit note for the value of the returned product which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills.

You Agree and Confirm

1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by SSFB for redelivery shall be claimed from you.
2. That you will use the services provided by the Site for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
3. You will provide authentic and true information in all instances where such information is requested from you. SSFB reserves the right to confirm the information provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
4. You authorise fruitbagan to contact you for any transactional purposes related to your order/account.
5. That you are accessing the services available on this Site and transacting at your sole risk and are using your best judgment before entering into any transaction through this Site.
6. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
7. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale as included in the item's description.

You may not use the Site for any of the following purposes:

1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Site.
5. Breaching any applicable laws;
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Personal Information & Use of Cookies

As part of the registration process on the Site, SSFB may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

Modification of Terms & Conditions of Service

SSFB may at any time modify the Terms & Conditions of Use of the Website without any prior notification.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by SSFB and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas etc. submitted or offered to the Site in connection with your use of this Site shall be and remain the property of SSFB. Thus, SSFB would own all such rights, titles and interests exclusively. SSFB is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. Please note all reviews submitted by customers are subject to checks and moderation by our Content Team. SSFB reserves the rights to moderate as well as publish/not publish the reviews.SSFB reserves the rights to solicit or withhold reviews and ratings with no liability. SSFB reserve the right to accept, reject, moderate, monitor & edit or remove any comment. You grant SSFB the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify SSFB and its affiliates for all claims resulting from any Comments you submit. SSFB and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

SSFB, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of SSFB or any third party's intellectual property rights. All rights in this website are owned by SSFB. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of SSFB. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of SSFB and/ or Fruitbagan. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply SSFB or Fruitbagan endorsement, sponsorship or recommendation of the third party, information, product or service. SSFB or Fruitbagan is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of SSFB or its licensees and suppliers and protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, SSFB and/or Fruitbagan and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless SSFB, Fruitbagan, its employees, directors, officers, agents and their successors and assigns from 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 your actions or inactions, which may result in any loss or liability to SSFB or Fruitbagan or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation 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 User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or SSFB. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. SSFB may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to SSFB. Upon any termination of the User Agreement by either you or SSFB, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. SSFB's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.