PURCHASE CONTRACT
1.1 This web site is operated by Avanti Deshpande("we",
"us" or "our"). By using the estore.avantideshpande.com (or
avantireconnect.com/in) website you are bound by these terms and conditions.
All use and purchases made on this web site are governed by these Terms and
Conditions at any time although the Terms and Conditions governing any given
use or purchase will be those in effect at the date of your order or specific
use. If you use or order goods after we have published any changes you will be
bound by those changes. Accordingly, you should check prior to each use or
order to ensure that you understand the precise terms and conditions applicable
to your site visit or purchase. To assist you in determining whether the Terms
and Conditions have changed since your most recent order we will display the
date when these Terms and Conditions were most recently updated.
1.2 We sell goods only to end-users. (no volumes or distributions/stockist
sales here)
1.3 We will confirm acceptance of
your order whether placed directly by using the estore.avantideshpande.com
website or as a result of you registering for customer/guest) (our automated
order subscription service) and an automated order being generated. This will
occur either by message on the website immediately after you have confirmed
your order, or by us sending an e-mail to the e-mail address you have provided
to us or by OTP on your registered mobile number. At the point ofacceptance,
the purchase contract will be made and we will supply the goods to you in
accordance with your order and these Terms and Conditions.
1.4 If you have registered for the Avanti Health Reconnect(our automated order and
subscription service) or have placed an order for delivery two or more days in
advance then we will endeavour also to send you an email a few hours before the
final cut-off time for amending the order, alerting you to this cut-off time
and reminding you of the scheduled delivery time of your order. The purpose of
the reminder is to reduce the likelihood of delivery times being forgotten
and/or orders being left incomplete, and is part of our order confirmation
process. Unless you have requested not to be contacted by text message, we may
also send the reminder by text message to the mobile phone number you have
given us when setting up your account.
1.5Avanti Health Reconnect is a subscription service, and may be cancelled at
any time by following the process set out in the detailed terms and conditions
for Avanti Health Reconnect.
1.6 You must be 18 years old or over and must have completed the registration
process in order to participate in our service.
2 PRICE AND DELIVERY CHARGES
2.1a With the exception of goods referred to in clauses 2.1(b) and 2.1(c), but
including service counter goods that are sold and priced by each (i.e. a fixed
price per item) and packaged by us (as further identified on the website), the
price of the goods will be as quoted on the web site at the time you confirm
your order (usually by clicking the "checkout" button) subject only
to any inadvertent technical error for which we will not be liable. If you
subsequently amend your order to add items, the prices charged will be those
applicable to the new item(s) at the time that the amended order is confirmed.
Where a substitute item is offered in place of an item ordered, the price
charged for that substitute item (if accepted) will be the price applicable at
the time the item is substituted. Please note that as promotions are offered
for a limited period of time subsequent amendments to your order may mean that
certain promotions are no longer being offered.
2.1b Where items are ordered and sold individually by weight the price of these
items (expressed per kilogram or other appropriate unit of measurement) will be
the price on the date that they are weighed. Although we have an indicative
weight guide on the website, this is merely to assist your planning and the
price you will be charged is the price for the actual weight you receive. In
the event that there is a change in the price/kg between the time your order is
made and the time the item is weighed and priced by the supplier, the price you
will be charged will be the price at the time the item is weighed.
2.2 The prices stated on the website will be inclusive of any GST is payable.
2.3 Each order you make may include a charge for delivery. If your delivery is
subject to a delivery/shipping charge, it will be shown to you as a separate
charge on the delivery confirmation page before you confirm your order. Any
delivery charge added to your order will be dependant upon, amongst other
things, the value of your order, the date and time of your delivery and your
delivery address (delivery location) and charges may vary from time to time.
2.4 There is a no minimum order of requirement. A shipping charge will be
applicable and will be displayed in the checkout screen. Shipping/Delivery
charges for every order placed. However, there will be product combos’ where
shipping/delivery charges may not be charged. It is important to note every
charge while performing the checkout and payment process.
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3 METHODS OF PAYMENT
3.1 Payment may be made by debit, credit or charge card. No other vouchers or
"money off" coupons will be accepted towards payment of an order.
3.2 The debit, credit and charge
cards accepted by us are those listed on the web site on the date on which your
order is placed.
3.3 Authority for payment will be
requested from your card issuer at the time of your order. This is done by
'reserving' £1 against the card you have used for payment. That £1 is not spent
by you until we 'debit' your card with the full price of your order, and the
latter happens after we have delivered your shopping to you. We reserve the
right to terminate our agreement with you if we are refused authority for
payment or reasonably believe that payment will be refused at any stage.
3.4 You agree to compensate us in
full against all reasonable costs expenses and outgoings incurred by us in
obtaining payments from you in the event a failed payment occurs. This will
include an administration charge of not less than Rs. 250/-. We may at any time
after a failed payment has occurred ask a debt collection agency to collect
payment from you.
4 DELIVERY
4.1 Delivery days and times will be as specified on the delivery booking page
on the website (including all Sunday delivery times as decided by the
Shipping/Delivery firm) and will be made to the address specified by you when
you register on the website. You have the ability to change this address
through the feature on the website, and you must do so if you move home so that
we can deliver to the correct address. We reserve the right to restrict
deliveries in certain areas, and this includes the right to eliminate certain
areas from our delivery schedule altogether.
4.2 Products are subject to availability and prevailing market conditions. We
may limit the quantities of goods (particularly goods on special offer)
supplied to any one customer if in our opinion the quantity ordered jeopardises
availability for other customers. In the event of non-availability of any goods
you order, we may offer a reasonable substitute. This may affect the price you
pay. You may reject any substitute item and we will refund the amount you have
been charged for that substitute. It is our policy to identify any substitute
items to you at the time of delivery and give you the opportunity to accept or
reject the item at that time.
4.3 We will always try to supply you
with the full quantity that you have ordered. If you are not satisfied with the
quantity you have received, we will arrange with you for non-perishable goods
to be returned to us (please note that the goods must not be used and must be
in good condition). In the event that the goods delivered to you are incomplete
or include incorrect goods, you must notify us promptly. You will not be charged
for any incorrect goods or goods which you have not received. In any event,
subject to clause 7.1 below, our liability will be limited to the price of the
goods not delivered or incorrectly delivered and the cost of delivery.
4.4 We take special care to endeavour
that deliveries are made within a short delivery slot and accordingly, it is
your responsibility to ensure that an appropriate person is available at the
delivery address at all times during the delivery slot. We may ask that an
appropriate person signs for the goods on delivery. If no one is at the address
when the delivery is attempted the goods will be retained by us. We will leave
notification of delivery and will telephone to attempt to rearrange the
delivery.
4.5 Please note adverse weather conditions
or other events outside of our reasonable control may result in the occasional
late or cancelled delivery. If that is the case, we will endeavour to contact
you as soon as we are able to in order to reschedule your delivery time and
date. In any event, subject to clause 7.1 below, our liability to you will be
limited to the price of goods not delivered and the cost of delivery.
4.6 Should you fail to be present for
your delivery we are entitled to charge you in full for an amount equal to the
price of perishable items contained in your order and the cost of delivery.
4.7 Our contracted Shipping and
Delivery firm will ordinarily only make deliveries when an appropriate person
is able to receive the delivery. In the event that you instruct the person to
leave a delivery unattended at your address We (Avanti and Shipping company) expressly
disclaim all liability which may arise by virtue of the delivery being left
unattended or handed over to anyone else. This includes but is not limited to
theft, tampering, contamination and the result of any change in temperature in
respect of items which need to be kept in proper storage.
5 DEFECTIVE GOODS
5.1 We guarantee the quality of our goods. You must inspect the goods and
notify us promptly in writing, by phoning our call centre or by using the
online refund service on the website of any dissatisfaction with your order. We
will promptly and fully refund the price of any goods that do not meet with
your reasonable satisfaction or arrange for the delivery of replacement goods,
provided that you notify us within 14 days of delivery of the goods. We will
arrange with you for the goods to be returned to us.
5.2 Subject to clause 7.1 below, we
will not accept any further claims for loss from or in connection with the
supply of faulty goods, whether direct, indirect, consequential or otherwise,
howsoever arising.
6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS
6.1 The confirmation e-mail you receive from us confirming your order will set
out the last time that, you may amend your order prior to delivery.
7 WARRANTY AND LIABILITY
7.1 Nothing in these Terms and Conditions will restrict our liability for death
or personal injury resulting from our negligence, breach of contract or breach
of statutory duty, nor will any of these terms restrict any of your statutory
rights.
7.2 In addition to paragraph 4.4, we
will not be deemed to be in breach of contract or of these Terms and Conditions
as a result of any delay in our performance or failure to perform our
obligations if that delay or failure to perform is due to any cause or
circumstance beyond our reasonable control including, but not limited to, fire,
flood and other acts of God, strikes, riot, accident, disruption to energy
supplies, civil commotion, acts of terrorism or war, breakdown of equipment,
road traffic problems.
7.3 Other than as set out in clause
7.1, our maximum liability arising out of any order for the supply of goods to
you under this contract will be limited to the retail price of the goods
contained in that order.
8 PRIVACY
8.1 To help us ensure the best possible service some telephone calls will be
recorded.
8.2 In assessing your request for delivery of our products from us we may make
enquiries about you including searching your records held by organisations or credit
reference agencies. We may also check your details held by the law-keeping
personnel and other fraud prevention methods.
8.3 We respect your privacy. The personal information that you give us is held
with care and security. We do not sell, rent or transfer this information to
third parties for their marketing purposes unless you agree otherwise.Read Privacy policy here
8.4 At the time of your registration you will receive a password. Please keep
this secret, as you are entirely responsible if you do not maintain the
confidentiality of your password. You are entirely responsible for all orders
placed with us or information given to us under your e-mail address in
combination with your password. You must immediately notify us of any unauthorised
use of your e-mail address and/or password or any breach of security known to
you.
9 CUSTOMER COMPLAINTS
9.1 Any Customer complaints should be addressed to the Our Customer Service
Helpline – you will find an e-mail link or address and telephone numbers listed
on our website in the "Contact" section.
10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
10.1 From time to time, and in our complete discretion, purchases of goods may
be subject to special offers. (Discounts or such) In the event that such a
special offer applies to your purchase, the terms of such special offer shall
be subject to these Terms and Conditions. If there is any conflict between the
terms of a special offer and these Terms and Conditions, these Terms and Conditions
shall prevail unless specifically excluded.
10.2 We may change the terms of special offers, or withdraw them altogether, at
any time and without prior notice. Subject to clauses 2.1(a) and 4.2, we will
honour at the offer price any order placed by you before an offer ends, or is
amended or withdrawn.
10.3 We reserve the right to offer in our complete discretion different
customers different special offers, promotions and the ability to enter
different competitions.
11 GENERAL
11.1 If any of these Terms and Conditions is held by any court of competent
authority to be unlawful, invalid or unenforceable, in whole or in part, this
will not affect the validity of the remaining Terms and Conditions which will
continue to be valid and enforceable to the fullest extent permitted by law.
11.2 All copyright, trademarks and all other intellectual property rights in
all material or content supplied as part of this website shall remain at all
times vested in us or our licensors. You are permitted to use the material data
and content only for your personal use in placing orders through estore.avantideshpande.com,
and you may not otherwise copy, reproduce, transmit, publish, display,
distribute, commercially exploit, use or create derivative works of any material
data and content on the website without prior written permission. We may impose
a fee on any proposed use of the material data and content contained on its
website, other than for placing orders through the website.
11.3 These Terms and Conditions will
be governed by India’s law and the parties submit to the exclusive jurisdiction
of the Pune courts in relation to any dispute which may arise between them.