Terms & Conditions

Introduction

Thank you for visiting this website www.swap4pure.comThe website is owned by TransforMe Foods Pvt. Ltd. (TFPL). The website can be used as an interface for customers to transact with TFPL. . Please read the terms and conditions before accessing this website.. By using this site, you signify your acceptance of the Terms and Conditions. From time to time we may modify the Terms and Conditions. Hence, please continue to review the Terms and Conditions of use whenever accessing or using this site. If at any time you do not wish to accept these Terms and Conditions then you may not use this site. 

 

1. Revisions

1.     We reserve the right to revise these Terms and Conditions from time to time. Please check regularly for revised Terms and Conditions. If you do not agree with any of the revised Terms and Conditions then please do not use this website.
 

2. Registration

1.     To place an order from TFPL, you must first register yourself through the website. You need to set up an account on the website. This account can be set up by following the instructions on the website. This is not a credit account. Hence, payment of the products order will have to be made through payment gateway or upon receipt of products.

2.     To transact with TFPL you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age.

3.     You must ensure that the details provided by you on registration or at any time are correct and complete.

4.     You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our website.

5.     The personal details you give to us are governed by a strict privacy policy.

6.     Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference.

3. Password and security

1.     When you register to use the website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through my account section of the website.

2.     If TFPL team has reason to believe that there is likely to be a breach of security or misuse of the www.swap4pure.com website, we may require you to change your password or we may suspend or cancel your account.

4. Payment

1.     You must ensure that www.swap4pure.com are provided with accurate personal information, contact nos. and delivery address. You must update us with any change to these details within the deadlines specified on the website. As of now, www.swap4pure.com accepts cash on delivery or payment through payment gateway PayU.

5. Product purchases

1.     You must be over the age of eighteen to purchase products from www.swap4pure.com. If you have ordered any product from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order.

2.     You may submit orders for products by using our online ordering facility on the website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

3.     Each product for which you click 'Add' is added to 'My cart' facility. You are given the opportunity to review the quantity and frequency of order in your Dashboard when you choose to 'check out'. You can change these, or cancel the purchase of each of the products completely, at this stage, at any time before clicking 'confirm order'. After you have clicked 'confirm order' and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. You can view your order detailswhenever you are logged in.

4.     Your submission of an order amounts to an offer to enter a contract to buy the products from us; subject to point 5.3, you cannot then withdraw or cancel your order except as stated below.

5.     Order is accepted from you until our website displays an order confirmation message. This message is displayed after you click 'confirm order' located at bottom of the page. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of products to you arises on our acceptance of your order.

6.     Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it or if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the product from your order so that you are not charged or if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products.

7.     Subject to clauses 5.8 and 5.9. Below, the price that we charge you for the products will be the price stated by us on the website prior to you clicking the 'place order' button.

8.     Some of our products are priced by weight. We show the prices for weights on the website. The guide weight is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of product delivered.

9.     Ordering a product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the website. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for dispatch to you the day before delivery and obtain some of the products especially to fulfill your order and may not be able to sell the products elsewhere. Any payments you have made for orders which have been properly cancelled will be return to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 9.3 below in so far as the order is for non-perishable products.

10.   All prices for products are inclusive of any applicable taxes.

6. Delivery of products and inspection by you

1.     We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or from security guards or damaged while there, we do not accept liability and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our website.

2.     We endeavour to keep your delivery time the same you mentioned while placing your order, but we reserve the right to change it temporarily or permanently and will tell you if we do so.

3.     If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike / 'band' actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for products unless or until we have delivered them to you.

4.     We will not charge you for incorrect products (products that you have not ordered and substitutes for those products which substitutes are not acceptable to you) or products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect products or the products not so delivered subject as provided in points 9 below.

5.     You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our website. We will replace or refund you for defective products. Otherwise our liability is limited as provided in points 9.
 

7. Availability of the website / service

1.     Although TFPL aims to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

2.     Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email ( contact@swap4pure.com) or telephone (8793628858).
 

8. Cancellation rights

1.     TFPL may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

2.     You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using www.swap4pure.com services.

3.     The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.

9. Warranties and TFPL liabilities

1.     Whilst TFPL tries to ensure that material included on the website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavors, this is not the case. Without prejudice to your statutory rights, TFPL may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the website.

2.     We warrant that the products will be of satisfactory quality and, therefore, if the products which you purchase from us are faulty or defective you should notify us in accordance with points 6.6. We will examine the products and, if the products are faulty or defective we will replace the faulty or defective products or refund the price of the faulty or defective products.

3.     The warranty in points 9.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the products or by accidents caused while the products are in your possession.

4.     We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:

o    Any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of products and related services or their use by you;

o    Any losses which are not caused by any breach by us; or business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business).

5.     Subject to the provisions of points 6.3 And 9.6, our entire liability in connection with the contract for the supply and purchase of products and will not exceed the purchase price of the products in question.

6.     Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.

7.     We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes / band, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

10. Agreement to receive sms and emails on your registered contact details

When you accept TFPL's terms & conditions, you agree to receive promotional messages through sms and emails that are related to TFPL's products and services. 

11. Applicable law

1.     These Terms and Conditions shall be governed by and construed in accordance with the Indian laws.

2.     The legal courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.

12. Miscellaneous

1.     You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

2.     If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

3.     The provisions of the Contracts are expressly excluded from our contractual relationship with you so that no third party may claim any rights under that contractual relationship (but this shall not affect any right or remedy of a third party which exists or is available apart from that Act).