a. Scenario One. The Product is delivered at the address given by you but you are not available at the location to accept the delivery. In such an instance the courier agency attempts the delivery at three different times. Also after each attempt a communication is made to you from us either by SMS or e-mail. After the third unsuccessful attempt the product is returned undelivered to us. In this scenario, if it is a quickly perishable product then we are forced to destroy it. In which case you shall not have the option of requesting a re-delivery. You shall be entitled to any refund on any ground whatsoever. In case of not-so-quickly perishable products, you may request for a re-delivery. In this scenario, a redelivery will be attempted only after you transfer an amount equal to addition of 20% of the product cost plus actual cost of delivery. This amount hereafter for the sake of brevity referred to as‘re-delivery’ amount shall be communicated to you by us after receipt of your request of redelivery. We will dispatch the product only upon receipt of such amount from you. The illustrative list of quickly perishable products and not-so-quickly perishable products is made available in Annexure hereto. However, it is hereby expressly clarified that in a given scenario or a particular case whether a particular product falls under quickly perishable or under not-so-quickly perishable category shall be the decision of the “Rangabate Shoppers (OPC) Private Limited” solely and shall be binding on You.
b. Scenario Two. In case of delay in delivery of the product by delivery agency/courier Company. It shall not be the responsibility of “Rangabate Shoppers (OPC) Private Limited” and you shall directly take up the matter with the designated agency. You hereby agree to indemnify us and keep us indemnified against any loss caused to us or otherwise suffered by us owing to any such legal/social action initiated by you. We hereby clearly disclaim all liability and responsibility for any delays caused by our logistics partners. Further, you shall be held liable if the address given by you is incomplete or fake and shall be required to pay liquidated damages to “Rangabate Shoppers (OPC) Private Limited” equal to INR 5000 per transaction. Kindly take note that the dispatch dates and times mentioned on the relevant e-mail/website of the courier company/delivery agency are approximate values and scheduled or planned timings and hence are not to be misinterpreted as committed or promised performances.
c. Scenario Three. In case of breakage of products which are extremely brittle/crispy like cookies, chips etc. We ensure extra care from our end that the packaging is special, but still there is a high likelihood that there may be damage caused to some of the items or part of the product. We hereby absolutely disclaim any liability for any such damage caused which is not more than 10% of the entire content/s of the product. In case of damage above 10%, you shall send a photograph of the damaged product/s within 1 hour of having received the delivery of the product to email@example.com. In such situations are extremely subjective, “Rangabate Shoppers (OPC) Private Limited” may, in its sole discretion, refund to you not more than 50% of the total money paid by you for that particular transaction. In any case, You by agreeing to these terms and conditions, waive off your remedy in law, if any, to claim the same as of right.
d. Scenario Four. If the goods are completely destroyed or are infested by insects or ants or fungi. We take every care to ensure products are fresh and have a healthy shelf life at the time of dispatch. However in case a product has gone bad at the time of delivery, it shall be your responsibility to send us the photographs within 1 hour of your having accepted the delivery. In such a case we may either refund the entire money paid by You for the product OR have another product of same description delivered to You. You shall duly receive a dispatch mail intimating you of such a decision.
e. Scenario Five. The Products which are listed on website may contain ingredients which may cause food allergy to you which include but are not limited to nuts, seafood, milk and dairy products, eggs etc. If you suffer from any food allergies, please enquire with firstname.lastname@example.org about the product/s that you wish to purchase. If you place the order without doing so and you or beneficiary or recipient of the product face any discomfort or deterioration in health, we expressly disclaims any liability for the same. We have provided a customer care support mechanism as a part of our service delivery to prevent any such unfortunate instances. Moreover, if You or any person who is intended to consume the product so ordered suffers from any food allergy of any kind then You for yourself and for such person hereby agree to waive of any claims that you or he/she/they may have against us and agree to indemnify and keep indemnified, well and sufficiently saved and harmless against any loss that “Rangabate Shoppers (OPC) Private Limited” may suffer as a result of you having consumed such food item/product.
f. Force Majeure
a. “Force Majeure” means and includes any circumstance beyond the reasonable control of the party hereto, including without limitation, the following: any act of nature or the public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, the elements, insect/snake bite, casualty, strikes, lock-outs, labour troubles, riots, sabotage, embargo, war (whether or not declared), governmental laws, regulations, orders, or decrees, unavailability of raw material, or seizure.
b. In case the performance of any terms or provisions hereof shall be delayed or prevented because of an event of Force Majeure, We may, suspend performance during the period such cause continues, and no liability shall attach against either party on account thereof. We shall diligently attempt to remove such cause or causes with reasonable dispatch. As soon as any event of Force Majeure is remedied, the parties’ respective rights, obligations and performance as set forth in this Agreement shall be immediately reinstated.
20. DISPUTE RESOLUTION. All disputes arising out of or in relation to this Agreement or any part thereof shall be referred to a sole arbitrator to be appointed by the parties with mutual consent. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then each Party would nominate their respective arbitrators, and such nominated arbitrators shall nominate a third arbitrator by mutual consent to form a three-member arbitral tribunal.
The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and rules. The venue of such arbitration will be Bhubaneswar, India and the language of the arbitration shall be English. The award of arbitrator shall be binding upon both Parties. The cost of the arbitration will be borne by both the Parties equally.
21. Governing Law and Jurisdiction. These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bhubaneswar.