Terms and conditions

Please read the below points to understand the expressions under each circumstance before you have a wonderful shopping experience.

Definitions

While reading further, you may find several words which convey specific meaning:

Buyer" means the person who buys goods from the Seller

"Seller" means Fermosa Nursery who sell gardening products

“Goods" means the products offered by the seller for sale on the web site

List Price" means the prices listed on the website for goods by the Seller for sale or as revised from time to time

Terms and Conditions" means the terms and conditions of sale set out in this document and as amended from time to time

The use of this website, its services and tools are all governed by the below mentioned terms and conditions. If you make any transaction through this website, you shall undergo policies that are applicable to the website. If you transact with this website means you are contracting with Fermosa Plants and you shall follow the duties with this company.

Please note that wherever is mentioned as “you” or “user” shall be considered as the member of the website who registers with Fermosa Plants and provides his/her data using the computation systems. Fermosa Plants allows its users to surf or make purchase from this website without registration process. The term “we”, “us”, “our” means the company or Fermosa Plants (Fermosa Nursery).

When you use this website including customer reviews, you are subject to guidelines, rules, policies, terms and conditions applicable to this website and its services. We reserve the sole right to modify, add, change or remove the portion or content of these Terms and Conditions without any notification. Hence, we request you to please keep visiting this page to understand the Terms & Conditions and also our Privacy Policy which is subject to change without notice. Please be certain that with the use of Terms & Conditions, we offer you limited privilege to enter this website and enjoy non-exclusive, non-transferable, personal account.

Limitations

Our shipments are carefully inspected before the items leave our warehouse, but if you are not satisfied with your purchase, please follow the instructions below:

The seller (Fermosa Plants) will not be responsible for any damage, direct loss suffered by the buyer due to any negligence, breach of contract or excessive pricing of the goods.

The seller is not responsible for any economic loss, loss of profit or any indirect third party loss suffered by the buyer caused due to any reason such as negligence, failure to meet any estimated delivery date, misrepresentation or breach of contract.

All offers for goods purchased by buyers shall be treated as offers listed under the clauses given in Terms & Conditions (T&C). The seller may choose not to accept or cancel a particular order without giving any particular reason.

Placing an order on Fermosa Plants will be treated as an evidence for acceptance of T&C on Fermosa Plants

Any changes mentioned in T&C will be considered inapplicable unless the seller agrees the same in writing

Severance

Fermosa Plants does not regularly monitors your posting to the website, but reserves the sole right to do so and if found inappropriate will be responding immediately with the right to report to the law enforcement authorities or legal bodies to action the same. Fermosa Plants will completely cooperate for investigation of illegal activities on the internet

If any provision of these T&C is held invalid or illegal by the court of jurisdiction for any reason, such provision shall be severed and the remaining provisions will be continued in full effect until invalid and illegal contents are eliminated.

Submission of invalid or unauthorized contents / materials violates the copyright laws, laws of privacy and publicity, trademark laws and other regulations. In this case, user who posts such illegal contents shall be held responsible for such action or the person using the account by submitting user name and password.

You shall indemnify Fermosa Plants and hold its officers, employees, directors, affiliates, business partners, agents and licensors innocent against any loss, damages, expenses, cost and liabilities incurred due to the negligence for the claim or demand from a third party for your use of the website or any person using your account on this website.

Fermosa Nursery. Reserves the right to stop your access to this website at any time without giving any prior notice. This license can terminate automatically if you breach any of these terms. If you are terminated then you must first destroy any downloaded and printed materials.

By browsing and transacting this website, you accept the current terms and conditions which may change from time to time

Fermosa Plants may suspend the operation of this website for some time being for maintenance work in order to update content or for any other reason.

Warranty

As per the license, the goods that are to be delivered should resemble to the description mentioned by the seller on the website or the buyer has to give approval for any change

Price, Payment and Delivery

Pricing of the goods shall be specified similar as given in seller’s current list price on the website inclusive of all application taxes and will be delivered to the address registered by the user on the website within 24 hours from the time of the orders that are successfully placed (subject to availability).

Full payment of cash on delivery option shall be applicable for home delivery orders only

The seller may decline sending any orders if the customer is found suspended for any reason

The seller reserves the right to change and make correct pricing of goods if any error persists in the description of goods or pricing in the website catalogue

Force Majeure

If the products are delayed or failed for any reason from the events or circumstances which are outside its reasonable control, neither of the parties will be held responsible for it (controls shall also include strikes, act of god, lock outs, accidents, breakdown of plant/machinery/shortage/unavailability of raw materials from a natural source of supply, and war). In such case, the party is entitled for the extension on delivery.

Governing Law and Jurisdiction

These terms and conditions shall only be governed by the law of India and any legal disputes/discrepancies will be heard or preceded in the jurisdiction of the Indian courts at Ambala only

Membership Eligibility

• Fermosa Plants website is available only to those users who can form legally binding contracts under the Indian Contract Act, 1872. Those who cannot follow the norms or are incompetent to the contract (including minors, undischarged bankrupts, etc.) are not eligible to use this website
• If you are a minor or under the age of 18 years, you shall not be a member of Fermosa Plants and shall not transact on this website
• Fermosa Plants reserves the right to terminate your membership and refuse your access if it is brought to Fermosa Plants’s notice or if discovered that you are underage to proceed

Your Account and Registration Obligations

• If you are using this website, you are responsible for the maintenance of confidentiality of your User ID and Password and only you shall be responsible for all the activities on the website.
• With the use of this website, you agree to this that providing any information that is inaccurate, untrue, incomplete, not as per the terms of use then in that case we reserve the right to suspend or terminate or block access of your membership on the website.
• Personal details provided by you to Fermosa Plants through account creation or order placement will only be used in accordance with our privacy policy and shall not be used for any purpose other than sending you emails and SMS with offers of your interest or as directed by law. By providing your personal details, you are agreeing to our privacy policy

Communications

If you use Fermosa Plants or send emails to other data, communication or information to use, you are agreeing that you are communicating with us via electronic records and you agree to receive communications likewise. We may communicate with you via electronic records or any other mode of communication (electronic or otherwise).

Charges

• There are no charges applicable for the registration on Fermosa Plants. You can become a member free of cost and enjoy the offers. However, we reserve the right to charge you nominal fee and change its policies over the time. We reserve the right to introduce new services and modify few or all existing services offered on the website without any notice
• Once changes related to fees and policies are uploaded on the website, it shall immediately become effective. All fees to be quoted in Indian Rupees unless otherwise stated. With the use of this website, you agree to this that you are responsible for all applicable laws including those in India for making payments
• Use of the Website Your access to this website does not allow you to host, modify, display, Upload, transmit, publish, share, update any information which:
• Belongs to other person and you don’t hold any right to
• Is harassing, defamatory, encouraging gambling or money laundering, hateful, racially, invasive of other’s privacy, obscene, pornographic, ethnically objectionable, unlawful, threatening, indecent representation of women under the Indecent Representation of Women (Prohibition) Act, 1986 (misleading, patiently offensive to community including sexually explicit content, promotes racism, hatred, physical harm and otherwise)
• Involves transmission of chain letters and junk mail, mass mailing or spam
• Harassment of another person
• Promotes illegal activities such as obscene, abusive, threatening, libelous and whatsoever
• Violates third party rights (intellectual property right, privacy, email address, physical address, phone no., person’s name)
• Promotes unauthorized copy of other person’s copyrighted work such as offering pirated computer programs or links, providing information for copy of manufacture-installed devises, pirated music or links or files
• Hidden pages or images linked from another accessible page
• Adding materials that exploit other user’s violent, sexual or other inappropriate manner
• Provides information related to buying of illegal weapons, creating computer viruses or violating someone’s privacy
• Includes any person’s images or photographs (minor or adult)
• Unauthorized access to website, profiles, communities, blogs, friend request or other areas for unlawful purpose