The domain name www.berrydalefoods.com is an e-commerce portal owned and operated by BERRYDALE FOODS (OPC) PRIVATE LIMITED (“Berrydale Foods”), a company incorporated under the Indian Companies Act, having its registered office B202, Pooja Apartments, Plot 271-4, Sector 31A, Vashi Gaon, Navi Mumbai – 400703, Maharashtra, India.
Your use/ access of the Website, its related sites and hyperlinks, shall be governed by the terms and conditions, policies, rules of Berrydale Foods (“Terms”) posted on the Website from time to time. These Terms apply to all users (whether Registered user or Guest User) of the Website.
Please read the terms and conditions very carefully before using the Website as your use of the Website is subject to your acceptance of and compliance with the terms. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and any Rules and Policies of Berrydale Foods, please do not click on the “I Accept” button/ check box and on the “Continue” button or “Pay Now” button and do not subscribe or seek to obtain access to or otherwise use the Website.
By subscribing to or using the website or any of our services through the Website you agree that you have read, understood and are bound by the terms, policies, directions of Berrydale Foods regardless of how you subscribe to or use the Website. This Agreement comes into effect upon your “Acceptance” of these terms and conditions (“Terms”) however Berrydale Foods at its sole discretion reserves its right not to accept a user from registering on the Website without assigning any reason thereof.
“You”/ “User” shall mean the end user accessing the Website, its contents and using the services offered through the Website.
“Berrydale Foods”/ “we”/ “us”/ “our” shall mean BERRYDALE FOODS (OPC) PRIVATE LIMITED or its affiliates, franchisees, service providers, successors and assigns.
“Site” means the online shopping platform owned and operated by BERRYDALE FOODS (OPC) PRIVATE LIMITED (“Berrydale Foods”), which provides a venue to the users of Berrydale Foods to buy the Products listed on Site.
“Customer”/”Buyer” shall mean the person or any legal entity who accesses the Website and places an order for and or purchases any products/ services against the invitation of offer for sale of products/ services on the Website.
“Acceptance” shall mean your affirmative action in clicking on “Checkout” and on the “continue button as provided on the registration page or clicking on “Pay Now” button while transacting as User or such other actions that implies your acceptance.
“Product” shall mean the Products offered for sale on the website from time to time.
“Delivery” shall mean the physical delivery of goods under your order placed with us.
“Price” means the price communicated at the time of order and confirmed by us.
“Payment Facility ” shall mean an applicable mode of payments made available to User from time to time.
“Content” means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code collectively.
By impliedly or expressly accepting this User Agreement, Policies and Terms, You also accept and agree to be bound by Rules, Policies and Terms of Berrydale Foods as provided from time to time in its Website and corresponding hyperlinks.
Registration and submission of personal details:
You can use the services offered by the Website as a “Registered User”. As part of the registration process on the site, Berrydale Foods may collect certain personally identifiable information about you including first and last name, 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. As a Registered User, you are responsible for maintaining the confidentiality of your user id and password. You are also responsible for maintaining the confidentiality of your email id and mobile number and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your user id and password, email id and mobile l number as the case may be. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, we have the right to indefinitely suspend or terminate or block access of your user account with the Website and refuse to provide you with access to the Website. We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination thereof.
You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from us.
By using the Website you represent that you are at least 18 years old. Our website is not directed to children under the age of 18. If we become aware that a child and/ or customer is under the age of 18 and has registered or using our Website, we are entitled to remove his or her account from our system and cancel any order placed by him or her.
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
You agree and undertake not to display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any legal right.
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
- violates any law for the time being in force;
- impersonate another person contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Berrydale Foods to purchase the products and /or services from Berrydale Foods, and pay the transaction price to Berrydale Foods using appropriate Payment Facility. You, as a Buyer, understand that the all payment facility may not be available in full or in part for certain categories of products and for certain locations and hence you may not be entitled to use that Payment Facility in respect of the transactions for those products or locations.
Availability of Website and its services:
This Website is controlled and operated by Berrydale Foods from India and Berrydale Foods makes no representation that the materials are appropriate or will be available for use in other locations. If you use this web site from outside India, you are entirely responsible for compliance with all applicable local laws.
Access to Website:
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
We will attempt to limit the frequency and duration of any such suspension or restriction.
Permission to access website:
Berrydale Foods grants you a limited, revocable permission to access and make personal use of this Website, but not to download or modify it, its content or any portion of it, except with express written consent of Berrydale Foods. This permission does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this website or its content; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
The use of the Website and its content grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content.
Applicability of Terms:
When you place an order on our Website or send emails to us, you are communicating with us electronically so you must provide a valid mobile phone number/ email address while placing an order with us. We may communicate with you by email, SMS, phone call or by posting notices on the Website or by any other mode of communication.
For contractual purposes, you consent to receive communications including SMS, emails or phone calls from us with respect to your order.
- Not acquire any ownership rights by downloading material/ content from this website.
- Read the terms and policies of the website and agree to accept the terms before use of the Website.
- Abide by the terms and policies of Website neither copy or modify the content of the website nor use the Website for commercial purpose purchase the product(s) from this Website for your internal/ personal purpose and not for resale by you or any other person.
- Comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from us.
- Not refuse to accept the delivery of the Products under your order upon delivery except for damages and deficiencies.
- Authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
All products/ services and information displayed on Website constitute an “invitation to offer”. Your order for purchase constitutes your “offer”. All orders placed by you on the Website are subject to availability and acceptance by us and conditional on your acceptance and adherence to these terms and conditions.
Your order is an offer to us to buy the product(s) in your order. We will confirm our acceptance of your offer either through an email/ SMS or through shipment of the items you requested. Upon placing an order, you will receive an email confirming receipt of your order with details (the “Order Confirmation Email”).
The Order Confirmation Email is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. Our acceptance to your offer takes place and the contract of sale for a product ordered by you concludes only upon actual dispatch of products to you and an e-mail confirmation in that regard is sent to you (the “Dispatch Email”).
We, at our sole discretion, reserve our right to limit the quantity of items and cancel any order, even after acceptance. Berrydale Foods has the complete right to accept or reject an order placed online. No act or omission of Berrydale Foods prior to actual dispatch of the product(s) ordered will constitute an acceptance of your offer. You agree not to dispute the decision of Berrydale Foods in this regard.
Cancellation of Order:
You can cancel your order fully or partially anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order as per the refund policy applicable at that time. For details please refer to our Cancellation Policy on the Website.
All the products listed on the Website will be sold at Indian Rupees either at Maximum Retail Price (MRP) (inclusive of all taxes) or at an offer/ discounted price with taxes, unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged to you on the date of delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food products prices do change on a daily basis.
In case of products such as Fresh Food, Vegetables and Fruits etc. the delivered weight may have variance and the product will be billed accordingly on the actual weight. There may be cases where M.R.P. of the product delivered is different from the M.R.P. quoted/ reflected on the Website due to various reasons including time lag in updating prices post changes in M.R.P. or products belonging to a different batch or different M.R.P.s being used by manufacturers in different regions. Prices and taxes thereon in respect of all products are subject to change from time to time, without prior notice by Berrydale Foods. We strive to provide you with the best prices possible on our Website.
Mode of Payment:
Berrydale Foods offers you multiple payment options both offline and online. Please refer our Price and Payment Policy document for details
Delivery/ Shipment of Product:
Delivery of the Products under your order in the Website shall be made as per our Delivery/ Shipment policy mentioned herein. Title of the Product shall pass on to you upon receipt of payment.
Despite our best efforts, there may be an instance of mispricing of items in our catalogue/ offer on Website. However, we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the item. If a product’s correct price is higher than our stated price, you may return at the time of delivery or we may not supply the product unless the problem get resolved and if you do not want to purchase the Product in such higher price we shall cancel your order and refund you the amount paid by you for such cancelled transaction as per existing refund policy. We are committed to and it will be our utmost endeavour not to sell any product at a price higher than the MRP printed on the product pack. However, despite our possible efforts, due to various reasons including technical lapses, time lag on updating price of the product on the website, in case you get billed erroneously at a price higher than MRP printed on the product pack, we shall undertake to refund the difference immediately, as per the company policy.
Return/ Exchange of Products:
You can return/ exchange your purchased products subject to our Return/ Exchange policy.
Exactness/ Accuracy not guaranteed:
We have made significant efforts to accurately display the colours/ dimension/ specification of products that appear on the Website. However, we do not warrant/ guarantee that product description or other content of this Website is accurate, complete, reliable, current, or error-free.
The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colours, dimension, specifications of products offered on this Website.
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Berrydale Foods, its affiliates or its content suppliers and is protected by the Intellectual Property Laws of India.
The trademark Berrydale Foods, its logo and all products and logos denoted with TM are trademarks owned or registered trademarks of Berrydale Foods or its affiliates.
Intellectual Property Claims:
Berrydale Foods and its affiliates or its content suppliers respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your concerns.
You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before placing any order or availing the services or entering into any transactions with us through our Website.
We shall not be held liable nor responsible for any representations or warranties/ guarantees of the products save and except the limited manufacturer’s warranty/ guarantee on the respective Product is assigned unto us and we hereby expressly disclaim any all responsibility and liability in that regard.
If any of these Terms is deemed invalid, void or unenforceable in whole or in part for any reasons, such invalidity or unenforceability condition or part thereof will be deemed severable and will not affect the validity and enforceability of any remaining condition or part of such condition/ terms.
You agree to indemnify, defend and hold harmless us and affiliates including employees, directors, officers, agents and their successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us arising out of your actions or inactions or result from your breach of the terms and conditions herein or any document incorporated by reference/hyperlink or infringement of intellectual property rights or your violation of any law, rules or regulations or the rights of any third party.
You hereby expressly release Berrydale Foods and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Manufacturers/ Brand owners of the Products purchased through the website and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
This clause shall survive the expiry or termination of this Agreement.
Limitation on Liability:
In no event shall we or our affiliates be liable for any special, indirect, incidental, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement whatsoever, whether in an action of contract, negligence or other tortious action.
Without prejudice to the generality of this section the total liability of Berrydale Foods to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. However in case of missing a delivery in transit, Our liability is limited only to delivery at a later agreed time at no additional charge.
Our failure to enforce any provision of the Terms or respond to a breach by you shall not in any way waive our right to enforce subsequently any provision of the Terms or to act with respect to similar breaches.
Reserved Rights of Berrydale Foods:
We may discontinue this Website at any time and for any reason, without notice. All rights not expressly granted herein are hereby reserved to us.
You specifically consent to submit any dispute arising out of these terms and conditions/User agreement to the jurisdiction of courts of Navi Mumbai, India.
Term & Termination:
This User Agreement shall be effective from the date and time of your acceptance of the Terms of the Website and remain in force unless and until terminated by either of us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site.
We 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 us. Upon any termination of the User Agreement by either of us, 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.