(1) Definitions and interpretation
In this agreement “we” means www.fairpharmacochin.com (and “us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly).
In this agreement, the following definitions shall apply: “Agreement” means this agreement incorporating any terms set out in our second acknowledgment; “first acknowledgment” means the initial automatic email acknowledgment which we will send to you after receiving your order; “order” means your order for products made via the site; “products” means goods which may be purchased by you from the site; “second acknowledgment” means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your order; and “site” means the website at www.fairpharmacochin.com or any successor site operated by us from time to time.
(2) This Agreement The advertising of products on the site constitutes an “invitation to treat”; and your order for products constitutes a contractual offer.
No contract comes into force between you and us unless and until we accept your order. In order to enter into this Agreement with us, you will need to take the following steps:
1.You must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout;
2.If you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
3.once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this Agreement;
4.You will be transferred to the cc avenue website, and cc avenue will handle your payment;
5.We will then send you the first acknowledgment and
6.Once we have checked whether we are able to meet your order, we will either send you the second acknowledgment (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your order.
Please note that we will not file a copy of this agreement. We may update the version of this Agreement on the site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We, therefore, recommend that you download, print and retain a copy of this agreement for your records.
The only language in which we offer this agreement is English. Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your shopping cart. You may correct those input errors before placing your order.
(3) About us This website is operated by www.fairpharmacochin.com, Cochin, India. Our email address is firstname.lastname@example.org.
(4)The products and services listed in fairpharmacochin.com are Indian herbal supplements related which falls under the category of alternative medicines. These products or services are sourced from their respective manufacturers or providers in India.
(5) Price and payment Prices for products are quoted on the site. We will verify prices as part of our sale procedures so that a product's correct price will be stated in the second acknowledgment/when you pay for the product. In addition to the price of the products, you will have to pay a delivery charge, which will be as stated in the second acknowledgment when you pay for the product. We may withhold the products and/or terminate this agreement if the price is not received from you in full, on time, in cleared funds. The prices on the site include any value-added or sales taxes (where applicable). Payment for all products must be made by Credit/Debit Card / PayPal account OR any method detailed on the site from time to time. Prices for products are liable to change at any time, but changes will not affect agreements which have come into force.
(6) Delivery We will arrange for the products to be delivered to the address for delivery indicated in your order. We will use reasonable endeavors to deliver products on or before the date for delivery set out in our second acknowledgment or, if no date is set out in our second acknowledgment, within 15 days of the date of our second acknowledgment. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days of the later of receipt of payment and the date of our second acknowledgment.
(7) Risk and Title The products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges).
(ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; or
(11) Warranties We warrant to you that any product you purchase through the site will be of satisfactory quality. You warrant to us that: you have full authority, power and capacity to enter into this agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are at least 18 years old; the information provided in the order is accurate, and you will be able to accept delivery of the products as contemplated in this agreement. Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the products, whether express or implied.
(12) Limitations of liability Nothing in this agreement shall limit or exclude your or our liability for:
(iii) for fraud or fraudulent misrepresentation; or
(iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability. Subject to this:
(i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product;
(ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time, or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and
(iii) we will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
This agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any agreement which we have entered into with you. If any provision of this agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this agreement.
You may not assign, charge, sub-contract, or otherwise transfer this agreement, or any of your rights or obligations arising under this agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this agreement, or any of our rights or obligations arising under this agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this agreement.
This agreement is made for the benefit of the parties to it and is not intended to benefit or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this agreement is not subject to the consent of any person who is not a party to this agreement.
This agreement contains the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. This agreement will be governed by and interpreted in accordance with the laws of England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.