The domain name www.pitambari.com (hereinafter referred as “Website”) is an e-commerce portal owned and operated by Pitambari Products Pvt. Ltd. (hereinafter referred as “Pitambari”), a company incorporated under the laws of India, having its registered office at 3rd Floor, Hemendra CHS., Gokhale
Road, Naupada, Thane – 400602
Your use / access of the Website, its related sites and hyperlinks, shall be governed by the terms and conditions, policies, rules of Pitambari (hereinafter referred as “Terms”) posted on the Website from time to time. These Terms applies 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 Pitambari, 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 Pitambari regardless of how you subscribe to or use the Website.
This Agreement comes into effect upon your “Acceptance” of these terms and conditions (hereinafter referred as “Terms”) however Pitambari 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.
“Pitambari”/ “we”/ “us”/ “our” shall mean Pitambari Products Pvt. Ltd. or its affiliates, franchisees, service providers, successors and assigns “Site” means the online shopping platform owned and operated by Pitambari Products Pvt. Ltd (“www.pitambari.com”), which provides a venue to the users of Pitambari.com to buy the Products listed on Site.
“Customer”/”Buyer” shall mean the person or any legal entity who access the Website and places an order for and or purchases any products /services against the invitation of offer for sale of products / services on
“Acceptance” shall mean your affirmative action in clicking on “check box”™ 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 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 Pitambari 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, Pitambari 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 l 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:
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 what so ever;
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.
harm minors in any way;
impersonate another person
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
belongs to another person and to which you do not have any legal right
violates any law for the time being in force;
You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Pitambari to purchase the products and /or services from Pitambari, and pay the
transaction price to Pitambari using appropriate Payment Facility.
You, as a Buyer, understand that the all payment facility may not be available in full or in part for certaincategory 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.
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.
Availability of Website and its services:
This Website is controlled and operated by Pitambari from India and Pitambari 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 the India, you are entirely responsible for compliance with all applicable local laws.
Pitambari has several websites offering products, services, content and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations.Pitambari does not make any warranty or representation that a user in one region may obtain the Services from the Pitambari site in another region and Pitambari may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
Information that Pitambari publishes on the World Wide Web may contain references or cross references to Pitambari products, programs and services that are not announced or available in your country. Such references do not imply that Pitambari intends to announce such products, programs or services in yourcountry. Consult your local Pitambari business contact for information regarding the products, programs and services that may be available to you.
Permission to access website:
Pitambari grants you a limited, revocable permission to access and make personal use of this Website, but not to download or modify it, its Contents or any portion of it, except with express written consent of Pitambari. 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 contents; 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. The Contentsincluding but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website are original to Pitambari and are owned and controlled or licensed by us, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
When you place order on our Website or send e-mails 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 e-mail, 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, e-mails or phone calls from us with respect to your order.
Applicability of Terms:
You shall not acquire any ownership rights by downloading material /Contents from this website.
You shall read the Terms and policies of website and agree to accept the Terms before use of Website
You shall abide by the Terms and Policies of Website
You shall Neither copy or modify the Contents of the website nor use the Website for commercial purpose
You shall purchase the product(s) from this Website for your internal / personal purpose and not for resale by you or any other person.
You shall 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.
You shall not refuse to accept the delivery of the Products under your order upon delivery except for damages and deficiencies
You shall 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 e-mail / SMS or through shipment of the items you requested. Upon placing an order, you will receive an e-mail confirming receipt of your order with details (the “Order Confirmation E-mail”). The Order Confirmation E-mail 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 E-mail”). We, at our sole discretion, reserve our right to limit the quantity of items and cancel any order, even after acceptance.
Pitambari has complete right to accept or reject an order placed online. No act or omission of Pitambari prior to actual dispatch of the product(s) ordered will constitute an acceptance of your offer. You agree not to dispute the decision of Pitambari 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.
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 pricer 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 foodproducts prices do change on a daily basis. In case of products such as Packed Foods, spices the delivered weight may have variance and 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 product 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 Pitambari. We strive to provide you with the best prices possible on our Website. However, our online price may not match with offline price at store. You shall not raise any dispute on the same.
Mode of Payment:
Pitambari 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 l possible efforts, due to various reasons including technical lapses, time lag on updating price of the Product on 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.
The trademark Pitambari, its logo and all products and logos denoted with TM are trademarks owned or registered trademarks of Pitambari or its affiliates.
Intellectual Property Claims: Pitambari 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.
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 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 and any all responsibility and liability in that regard.
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 Pitambari 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 tortuous action.
Without prejudice to the generality of this section the total liability of Pitambari 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.
We reserve the right to change or update these policies at any time without any prior notice effective immediately upon posting to this site.
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.
TERM & TERMINATION:
This User Agreement shall be effective form 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.. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
This agreement constitutes the entire and final agreement regarding the Website and its contents, and supersedes any prior or contemporaneous communications between you and us regarding the Website and its contents.
Reserved Rights of Pitambari:
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 Thane, Maharashtra State, India.
This Website provides Content without any warranties or guarantees and in an “As Is” and “where is” basis. You must bear the risks associated with the use of the Site. This Website provides content from other Internet sites or resources and while Pitambari and its software support service provider tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Pitambari and its affiliates shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. Pitambari, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Pitambari and its affiliates/associates assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
RETURN, EXCHANGE AND REFUND POLICY:
We endeavor to provide the best quality products every single time you order with us.
We have a “no questions asked return and refund policy” which entitles all our customers to return the product at the time of delivery if they are not satisfied with the quality, freshness or physical condition of the product. We will take the returned product back with us and if already paid the corresponding value would be refunded to you through the same mode of payment used at the time of purchase viz., credit card, debit card, net banking.
Products once sold and delivered to you, shall be eligible for return only if the product condition is found to be damaged, broken, faulty or different from the ordered one. You can return the products, purchased from us under your order as per below, provided the products packs are sealed/unopened and unused and in original condition.
Product Category – Packaged Food
Reason for Return: Damaged / Faulty / Broken/ Leaking – Within 3 days of delivery
The amount shall be refunded to you via credit to your store credit account which can be used for subsequent purchases.
We do not make any cash refunds.
In case of prepaid orders, if any part of it remains short delivered due to some reason, corresponding value would be refunded to you through the same mode of payment used at the time of purchase viz., credit card, debit card, net banking.
The amount will be refunded to you between 3-15 working days depending upon the mode of payment chosen by you. Sometimes banks or financial intermediaries take a longer time to process the refund request. However, if the refund does not happen by the date advised, you may contact us and we will gladly help you. Alternatively, at your option, the said amount can be credited to your store credit account which can be used for your subsequent purchases.
PRICE AND PAYMENT POLICY
The following modes of payments are available:
Net banking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for purchases
Cash On Delivery
Payment Terms and Conditions:
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction/s, or
Exceeding the present limit mutually agreed by you and your issuing bank, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
Pitambari reserves its right to change the price of any product in the Website any time without any notice.Prices stated at the time of an order is placed shall apply in respect to that order.
All payments made against the purchases of products on Website by you shall be in Indian Rupees only. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
You represent and confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card details to carry out a transaction on the Website. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
In case of payment made through online, before shipping / delivering your order to you, we may request you to provide copy of photo identity proof document as acceptable to Pitambari to establish your ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Pitambari reserves the right to impose limits on the number of transactions which Pitambari may receive from an individual valid credit/debit/ valid bank account and reserves the right to refuse to process transactions exceeding such limit.
Pitambari reserves its right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Pitambari or breach/violation of any law or any charges imposed by bank or breach of any policy. Pitambari may do such checks as it deems fit before approving the buyer’s order ) for security or other reasons at the discretion of Pitambari. As a result of such check if Pitambari is not satisfied with the creditability of the Buyer or genuineness of the transaction, it will have the right to reject such order. Pitambari may delay dispatch or cancel any transaction at its sole discretion, if Pitambari is suspicious of any Buyer’s authenticity or activity or if the Buyer is conducting high transaction volumes, to ensure safety of the transaction.
Buyer acknowledges that Pitambari will not be liable for any damages, interests, claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of Pitambari.
All products listed on our Website can be exchanged or returned subject to the following conditions:
Product Condition: A product cannot be exchanged or returned unless it is a defective, broken, faulty, leaking or not of satisfactory quality. In case of return/exchange you must return the product to us in the same original condition as is supplied by us.
Products, under the following instances, cannot be accepted by us as/under Return:
damages due to mishandling of product;
products with tampered or missing labels;
Products without all original packaging and accessories, including the box, manufacturer’s packaging if any, original invoice and all other items originally included with the product(s) delivered.
Product Accessories / Freebies / Bundles & Combos: All the product accessories available with the product and / or all the freebies associated with the product and / or other products associated as “bundles” or “combos” with the product should also be returned so as to enable us to initiate the exchange or return process.
Validity Period for Return/Exchange: Subject to Return/exchange Policy, a purchased product can be exchanged or returned within one (1) to 3 (Three) days from the date of delivery/placing an order depending on the nature of the product as mentioned herein above.
Please call us at 022-6703 5564 immediately if you would like to add modify or cancel the order, if your order is a scheduled order. Please call us one working day in advance by 11.00am or email us at email@example.com before to guarantee a modification or cancellation.
On receipt of the cancellation notice we shall cancel the order and refund the entire amount if the order has not been processed by us. We will not be able to cancel orders which are already shipped.
All returns, exchange and cancellation area subject to warranties of product as prescribed its manufacturer and billing terms & conditions. On receipt of the cancellation notice we shall cancel the order and refund the entire amount if the order has not been processed by us. Cancellation of Order can’t be done/ accepted once the products under your order is released for dispatch/ shipped out from our delivery location.
Delivery Timelines: We will make every effort to get your order delivered to you as per your convenient/chosen available slot.
The products ordered by You shall be available for delivery as per allotted delivery slot during the delivery hours, namely, 07:30 hours to 21:30 hours on all days. If you fail to take delivery on the agreed slot as mentioned in (a) above, your order and delivery thereof shall be treated as cancelled.
At the time of taking delivery of the products, You shall quote the PIN No. at the Delivery Point.
The person at the Delivery Point authorized to deliver the product may decline to deliver the product if he finds any inconsistency as regards Order No. / PIN No or any other detail of the order
Subject to availability of the ordered product at the Delivery Point on the delivery day, Pitambari shall deliver the product to You as per schedule, failing which Pitambari shall inform You with a revised schedule for delivery of the Product. You may ask for cancellation/modification of Order on account of this.
It is your responsibility to count and check all the products while accepting the Products as per your Order. No dispute will be entertained by Pitambari once you accept the products at the Delivery Point.
You shall accept the product without demur in the following circumstances:
o If the products delivered to you are in accordance with your order, or
o Loose Fruits and Vegetables with minor weight variation due to moisture loss
We request you to check all the Products at the time of delivery. Complaint pertaining to short weight will not be entertained, if the complaint is not lodged immediately on delivery.
Once your order has been dispatched from our delivery point, an email or an SMS will be sent to you on the email address and mobile number provided by you under “Billing Address” and Order placed with Us. You can track your order online by the ID Tracking number sent to you by us on your Mobile/Email ID. You may also log on to your account on the website or use the “Track my Order” link on the website to track your order.
We currently deliver orders to selected pin codes/areas across a city within India only. You may check the delivery serviceability of your area/locality check with our customer care/support team at 022-6703 5564
We do not deliver internationally.
Delivery charge will be as applicable as mentioned on the site against your purchase for each delivery. However Pitambari may run certain promotions / offers or prescribe minimum order value for each transaction to waive the delivery charges.
Sometimes we may not be in a position to deliver an order to a particular location due to the nature of the product, its availability or due to the service limitations of our courier and logistic partners. In such cases, you may receive the items (of a single order) at different points of time or through different courier partners. The status of all items within an order can be tracked online.