Please read the Terms and Conditions carefully before using these terms, as modified or amended from time to time, are a binding contract between www.nutsfiesta.com (NutsFeista Food and Beverages) and you. If you visit, use, or shop at our site, you accept these terms. In addition, when you use any current or future services of the company or visit or purchase from any seller affiliated with the company, you will be subject to the guidelines and conditions applicable to such service or seller. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions shall prevail.
NutsFiesta Food and Beverages is presently in the business of packaging, marketing, and selling dry fruits, flavored dry fruits, seeds, etc., and may in the future add more food products. Prices may vary from one channel to another and NutsFiesta Food and Beverages holds the right to change the price without prior notice.
ELIGIBILITY AND CONSENT:
You signify and warrant that you are competent and eligible to enter into a legally binding agreement and have the requisite authority to bind the other party in an Agreement. Your registration/log-in/purchase shall be deemed to be considered valid consent to the Terms and Conditions.
MODIFICATION OF TERMS AND CONDITIONS OF SERVICE:
NutsFiesta Food and Beverages may at any time modify the Terms & Conditions of Use of the Website without any prior notification. You can access the latest version of these Terms & Conditions on the website at any given time. If you continue to use the website you shall be deemed to have agreed to accept and abide by the modified terms and conditions.
Delivery will be made to the delivery address provided by you at the time of placing your order. You are responsible for ensuring that someone is present at the delivery address to receive and pay for the product at the specified time (during usual working hours) of delivery.Anybody at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the order on your behalf. If NutsFiesta Food and Beverages cannot deliver your order or must make an additional delivery because no one is available at the delivery address to receive the order at the specified time, or wrong address/details have been given to us by you, you will be charged an additional delivery fee as per the actual expense incurred. The liability of NutsFiesta Food and Beverages for missing a delivery (in case of no-fault from the customer’s end including and limited to receiving incomplete order, receiving a wrong product, or not receiving the order) is limited to delivery at a later agreed time at no additional charge.
NutsFiesta Food and Beverages shall not be held responsible in any case where the third-party service providers hired on “contractual agreement” delay the delivery of goods voluntarily or involuntarily or indulge in violent, riotous, disorderly, or indecent behavior. We shall not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. While NutsFiesta Food and Beverages shall make all reasonable endeavors in ensuring that the purchased products are delivered to its Users in a timely manner, the delivery may be delayed on account of:
- Logistical issues beyond NutsFiesta Food and Beverages control;
- Unsuitable weather conditions;
- Political disruptions, strikes, employee lockouts, government-imposed lockdowns, etc.;
- Acts of God such as floods, earthquakes, pandemics, etc; and
- Other unforeseen circumstances.
- If you are not satisfied for any reason with an item purchased through NutsFiesta Food and Beverages e-commerce website, you may write to us at [email protected]m or call customer service at +91-9990339122 within 24 hours of receiving the order.
You further agree, understand and acknowledge that the website is an online platform that enables the purchase of products listed at the price indicated therein. You further undertake that you are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website. Before placing an order, you are advised to check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the product’s description.
NutsFiesta Food and Beverages does not warrant that this site or the server that makes it available, are free of viruses or other harmful components. You understand and agree that any material downloaded or otherwise obtained through the use of the site is at your own discretion and risk and that you would be solely responsible for any damage to your computer system or loss of data that results from the download of materials.
Our website has been made SSL secured by the site ground platform. Our payment system has also been secured by Shopify. Thus, in case of any fraud NutsFiesta Food will not be responsible.
- SUSPENSION DUE TO NON-COMPLIANCE WITH AGREEMENT:
Notwithstanding other legal remedies that may be available to NutsFiesta Food and Beverages, we may in our sole discretion limit User activity by immediately removing user listing either temporarily or indefinitely or suspending or terminating user membership, and/or refusing to provide a user with access to the Site:
- If the User is in breach of any of the terms and conditions of this Agreement;
- If the User has provided wrong, inaccurate, incomplete, or incorrect initiation;
- If the User’s actions cause any harm, damage, or loss to the other users or to NutsFiesta Food and Beverages.
You acknowledge and undertake that you are using your best judgment before entering into any transaction through the website.
You further acknowledge and undertake that the products purchased from the website are for personal use and not for business purposes.
While we have taken great care to avoid inaccuracies in the content of this website including product price listing, services, related graphics, etc., we reserve the right to rectify the same and will not be held liable for any unforeseen errors.
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
You agree to defend, ensure NutsFiesta Food and Beverages and its Associates from any claims and expenses, including attorney fees, arising in connection with a violation of this agreement by you or through the use of your account.
- THIRD-PARTY SERVICE PROVIDERS:
NutsFiesta Food and Beverages may pay other companies and individuals to perform certain functions such as delivering packages (through our delivery partners) and analyzing data. They may have access to your personal information provided to us in order to perform their functions effectively.
NutsFiesta Food and Beverages may transfer Customer Registration Data and other personal information provided by you to our authorized stockist, distributor and retailer, and other e-commerce platforms authorized by NutsFiesta.
NutsFiesta Food and Beverages shall not be held responsible in any case where the third-party service providers hired on “contractual agreement” delay the delivery of goods voluntarily or involuntarily or indulge in violent, riotous, disorderly, or indecent behavior.
- NO RESALE, NO EXPORT:
Except as otherwise agreed in writing by a NutsFiesta Food and Beverages official representative, the purchase or other delivery of NutsFiesta Food and Beverages products only convey to the customer the non-transferable right to use the delivered products. Unless otherwise official under a commercial agreement or authorization from NutsFiesta Food and Beverages, no right to resell the products, or any portion thereof, in any way, shape or form is conveyed.
NutsFiesta Food and Beverages does not permit customers to re-export the delivered products from the country of delivery without any authorization from NutsFiesta Food and Beverages.
Notices and other communications hereby required or contemplated shall only be effective if delivered in writing to the party for whom intended at its designated “Invoice Address” either by:
(a) Personal delivery,
(b) Postage prepaid, return receipt requested, registered or certified mail, or
(c) Internationally recognized overnight courier.
Notice by registered or certified mail shall be effective on the date officially recorded as delivered to the intended recipient by return receipt or equivalent and in the absence of such record of delivery, the effective date shall be presumed to have been the fifth (5th) business day after deposit in the mail. Notices delivered in person or sent by courier shall be effective on the date of personal delivery. Notice not given in writing shall be effective only if acknowledged in writing by a duly authorized representative of the party to whom it was given.
- REVIEWS, COMMENTS, AND COMMUNICATIONS:
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- PAYMENT TERMS:
You agree to pay the price applicable for the product or service on our website at the time you submitted your order (Product Price), the delivery fees for the delivery service you select, if any (Delivery Fees), or any applicable taxes as mentioned in the website. You will be solely responsible for payment of all taxes (other than taxes based on the income of NutsFiesta Food and Beverages), fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services (Taxes) not withheld by M NutsFiesta Food and Beverages. All payments are non-refundable (except as expressly set forth in the Terms and Conditions).
- PAYMENT DETAILS:
Order delivery is subject to the payment credited in the account of M NutsFiesta Food and Beverages The order will only be processed and shipped once the payment has been received by us.
Online: Customers can place an order through the website and make the payment through their Debit Cards, Credit Cards, Net banking, PayPal, UPI, Wallet, or any other electronic payment method.
- LEGAL AND MISCELLANEOUS:
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and succeed and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses mentioned above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- ARBITRATION/MEDIATION & GOVERNING LAWS:
These Terms and Conditions shall be governed by and constructed in accordance with the laws of India without reference to the conflict of laws, principles, and disputes arising in relation hereto. The dispute shall be subject to the exclusive jurisdiction of the courts of Uttar Pradesh. If any dispute arises between you and NutsFiesta Food and Beverages during your use of the website or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by NutsFiesta Food and Beverages. The place of arbitration shall be Uttar Pradesh. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
Your privacy and protection of the data provided by you to our team are of utmost importance in our attempt to serve you better. The information that we collect from you will be used in accordance with this privacy statement.
INFORMATION WE ASK FOR:
We may ask for the following information:
- Personal details such as name, Date of Birth, Contact details such as mobile number, email address, residence address, etc.
- Any other information relevant in order to enhance the customer service by conducting surveys, etc.
HOW WE USE THE INFORMATION RECEIVED:
The information provided by you to our team is of utmost importance in our attempt to serve you better; We use it for the following purposes:
- Maintaining our internal records
- To improve our products and service based on your feedback
- For sending promotional emails, messages, making phone calls, etc on the contact details provided by you.
Your privacy and protection of the data provided by you to our team are of utmost importance to us. In order to prevent any unauthorized access or disclosure of your data, our website and payment gateway has been SSL secured by the Shopify platform. We store and process your information on computers protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and rules thereunder.
We use traffic log cookies to identify which pages are being used. It assists us in analyzing data about webpage traffic and improving our website to suit customer requirements.
Cookies help us in giving you a better website experience by enabling us to monitor which pages you find useful and which you do not. Cookies do not in any manner give us access to your computer or any information, other than the information that you choose to share with us.
You have the discretion to accept or decline the cookies. Declining to accept cookies may prevent you from taking full advantage of the website.
- Return/Refund & Cancelation:
We at NutsFiesta Food and Beverages strive towards delivering you the best products by maintaining the highest quality standards with respect to our products, their processing, and packaging. We are extremely diligent and do not sell expired products.
We at NutsFiesta Food and Beverages follow a No Replacement/No Return/No Refund policy as we deal in perishable products. However, we do make exceptions in case you:
- Receive the wrong product; or
- Receive a tampered or damaged product.
In case of receipt of wrong or tampered product, you must inform M NutsFiesta Food and Beverages within 24 hours by sending images of the goods as is at [email protected]
All the returns in the above-mentioned situation are subject to the discretion of NutsFiesta Food and Beverages.
As a policy, we do not cancel any order after it is placed on the portal and the complete payment along with the payment confirmation has been received from the customer’s bank/service provider.
Please note: If we suspect any fraudulent transaction by any customer or any transaction which defies the terms and conditions of using the website, we reserve the right to cancel such orders at our sole discretion. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them