Terms and Condition
1. ACCEPTANCE OF TERMS
By accessing, browsing, or using the website operated under the brand name "Love of India" ("Website"), accessible at https://loveofindia.com/, and/or purchasing or using any products or services made available through the Website, you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"). These Terms constitute a legally binding agreement between you and Digital43, a sole proprietorship/partnership firm/limited liability partnership/private limited company, having its principal place of business at Main Palla. Tilpat Road. Numberdar Bagh. Behind SBI Branch, Faridabad, Haryana, 121003, operating under the brand name "Love of India" (hereinafter referred to as the "Company", "we", "us", or "our[CB1] "), and you ("User", "you", or "your").
If you do not agree to these Terms, you must immediately discontinue use of the Website and refrain from accessing or using the Website or purchasing any Products through it. The Company reserves the right to amend or update these Terms at any time, and your continued use of the Website following such amendments shall constitute your acceptance of the revised Terms.
2. USER REGISTRATION
2.1. To access certain features of the Website or purchase Products, you may be required to create an account and provide accurate, current, and complete information, including your name, email address, phone number, billing and shipping address, and other information reasonably required to process your orders.
2.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account.
2.3. You shall promptly notify the Company of any unauthorised use of your account or any other security breach. The Company shall not be liable for any loss arising from your failure to safeguard your account credentials.
2.4. Certain Products or Website features may require advance payment before an order is accepted and processed. The Company reserves the right to modify Product availability, pricing, promotions, payment requirements, and purchasing conditions at any time.
2.5. The Company reserves the right to suspend, restrict, or terminate your account or refuse any order where it reasonably believes that you have provided inaccurate information, violated these Terms, engaged in fraudulent or unlawful activities, misused the Website, or undertaken any activity that may adversely affect the Website, the Company, or other users.
3. WEBSITE AND PRODUCTS
3.1. Scope of the Website: The Website is an e-commerce platform operated by the Company for displaying, marketing, and selling its Products directly to customers. The Website enables Users to browse Products, place orders, make payments, access product-related information, track orders, and communicate with the Company regarding purchases and customer support.
3.1.1. Product Catalogue: The Website provides descriptions, images, pricing, ingredients (where applicable), nutritional or product-related information, and other details relating to the Products offered for sale.
3.1.2. Order Placement: Users may select Products, add them to their shopping cart, and place orders through the Website, subject to Product availability, acceptance by the Company, and successful payment.
3.1.3. Payments: The Website facilitates secure online payment through authorised third-party payment gateway providers. Orders shall be processed only after successful payment or such other payment method as may be made available by the Company.
3.1.4. Order Fulfilment: Upon acceptance of an order, the Company shall arrange for packaging, dispatch, and delivery of the Products through its authorised logistics partners, subject to the applicable shipping, delivery, and cancellation policies.
3.1.5. Customer Support: Users may contact the Company regarding orders, deliveries, returns, refunds, product-related queries, or other customer support matters through the communication channels made available on the Website.
3.1.6. Product Availability: All Products displayed on the Website are subject to availability. The Company reserves the right to discontinue, modify, substitute, or limit the availability of any Product without prior notice. However, where an order has already been accepted, no material substitution of the ordered Product shall be made without the User's prior consent. If the ordered Product becomes unavailable after acceptance of the order, the Company may offer a suitable alternative or process a refund in accordance with its Cancellation, Return and Refund Policy.
3.2. Product Information:
3.2.1. The Company endeavours to ensure that Product descriptions, images, ingredients, nutritional information, pricing, and other details displayed on the Website are accurate. However, minor variations in colour, texture, aroma, packaging, or appearance may occur due to the natural characteristics of certain Products, seasonal conditions, manufacturing batches, or display settings and shall not, by themselves, constitute a defect, provided that the Product complies with applicable law, declared quantity, ingredients, applicable safety standards, and material product specifications[CB3] .
3.2.2. Product images are for illustrative purposes only. Actual Products may differ slightly due to packaging updates, manufacturing variations, or display settings of your Device.
3.3. Website Availability:
The Company may modify, suspend, restrict, or discontinue any part of the Website, including Product listings, pricing, promotions, features, payment methods, or technical functionality, at any time without prior notice for maintenance, security, operational, commercial, or legal reasons.
4. USER OBLIGATIONS
4.1. User Responsibilities:
4.1.1. By accessing or using the Website, you agree to:
4.1.1.1. provide accurate, complete, and up-to-date information while creating an account, placing orders, or communicating with the Company.
4.1.1.2. maintain the confidentiality of your account credentials and be responsible for all activities carried out through your account.
4.1.1.3. use the Website only for lawful purposes and in accordance with these Terms and applicable laws.
4.1.1.4. not misuse the Website or interfere with its operation, security, or functionality;
4.1.1.5. promptly notify the Company of any unauthorised access to or suspected compromise of your account.
4.2. Prohibition to Users:
4.2.1. To protect the integrity of the Website and the Company’s services, Users are prohibited from:
4.2.1.1. provide false, inaccurate, or misleading information.
4.2.1.2. use the Website for any unlawful, fraudulent, deceptive, or unauthorised purpose.
4.2.1.3. attempt to gain unauthorised access to the Website, its servers, databases, or associated systems.
4.2.1.4. upload, transmit, or distribute any malware, viruses, malicious code, or other material that may impair the operation or security of the Website.
4.2.1.5. copy, reproduce, modify, distribute, scrape, reverse engineer, or otherwise exploit any part of the Website or its content except as expressly permitted by the Company.
4.2.1.6. impersonate any person or entity or misrepresent your identity or affiliation; or
4.2.1.7. engage in any activity that may disrupt the operation, integrity, reputation, or security of the Website or adversely affect other users.
4.3. Company's Rights
The Company reserves the right to investigate any suspected breach of these Terms and may suspend, restrict, cancel orders, refuse service, or terminate your account without prior notice where it reasonably believes that you have violated these Terms, engaged in fraudulent or unlawful activities, or otherwise misused the Website.
5. DATA PRIVACY & SECURITY
5.1. The Company collects, uses, processes, stores, and protects your Personal Data in accordance with its Privacy Policy, which forms an integral part of these Terms and is incorporated herein by reference. The Company's data handling practices are designed to comply with the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Digital Personal Data Protection Act, 2023, and other applicable laws in force in India.
5.2. The Company shall collect, use, process, disclose, retain, and protect your Personal Data in accordance with its Privacy Policy and applicable law. Where your consent is required for any specific processing activity under applicable law, such consent shall be obtained separately through the appropriate consent mechanism.
5.3. The Company may share your Personal Data with trusted third-party service providers, including payment gateway providers, logistics and delivery partners, cloud hosting providers, analytics providers, communication service providers, and other vendors, solely to the extent necessary for operating the Website, processing orders, and providing related services, subject to appropriate confidentiality and security obligations.
5.4. The Company implements reasonable technical, organisational, and administrative security measures to safeguard your Personal Data against unauthorised access, disclosure, alteration, misuse, or loss. However, no method of electronic transmission or storage is completely secure, and the Company cannot guarantee absolute security of any information transmitted through the Website.
5.5. Your rights relating to your Personal Data, including your rights to access, correction, deletion, withdrawal of consent, grievance redressal, and other rights available under applicable law, shall be governed by the Privacy Policy and the applicable provisions of the Digital Personal Data Protection Act, 2023 and other applicable laws.
6. PAYMENT TERMS
6.1. Pricing and Payments:
6.1.1. The prices of the Products are displayed on the Website and are payable in accordance with the payment options made available at the time of checkout. All prices are subject to change without prior notice unless an order has already been accepted by the Company.
6.1.2. By placing an order, you represent and warrant that you are authorised to use the selected payment method and agree to pay all applicable charges, including the price of the Products, taxes, shipping charges, and any other applicable fees.
6.1.3. Orders shall be processed only upon successful authorisation and receipt of payment or such other payment method as may be accepted by the Company.
6.2. Payment Processing:
6.2.1. Payments made through the Website are processed by authorised third-party payment gateway providers. The Company does not collect or store sensitive payment credentials such as complete card details, CVV, PINs, passwords, or OTPs.
6.2.2. The Company shall not be responsible for any delay, failure, interruption, or error attributable to any third-party payment service provider, banking institution, or payment network, or other event beyond its reasonable control. However, nothing contained herein shall affect the User's statutory rights or limit the Company's obligation to provide reasonable assistance in resolving payment-related issues within its control.
6.3. Order Cancellation and Refunds:
6.3.1. Cancellation, return, replacement, and refund of Products shall be governed by the Company's applicable Cancellation, Return and Refund Policy, as published on the Website and updated from time to time.
6.3.2. The Company reserves the right to cancel any order in cases including, but not limited to, Product unavailability, pricing or typographical errors, suspected fraudulent transactions, payment failures, or any other legitimate reason. Where payment has already been received for an order cancelled by the Company (other than due to fraud, chargeback, or legal or regulatory restrictions), the eligible refund shall be processed in accordance with the Cancellation, Return and Refund Policy and applicable law.
7. ACCOUNT SUSPENSION/TERMINATION
7.1. Suspension or Termination by the Company: The Company reserves the right to suspend, restrict, terminate, or refuse access to the Website or any User account, with or without prior notice, where it reasonably believes that the User has:
7.1.1. Violation of Terms: If the User breaches any provision of these Terms or engages in prohibited activities.
7.1.2. Non-Payment: Failed to comply with payment obligations or where such action is necessary to comply with applicable legal or regulatory requirements.
7.1.3. Inappropriate Behaviour: Engaged in fraudulent, unlawful, abusive, or suspicious activities;
7.1.4. Misuse of Website or Services: misused the Website, attempted unauthorised access, interfered with its operation or security, or infringed the intellectual property or other rights of the Company or any third party.
7.1.5. Legal or Compliance Requirements: Where required under applicable laws or regulatory directions.
7.2. Suspension and Termination Effects:
7.2.1. Upon suspension or termination, the User's access to the Website or account may be restricted or disabled, and any pending orders may be cancelled in accordance with applicable law and the Company's policies. Where payment has already been received for any cancelled order, the Company shall process any eligible refund in accordance with its Cancellation, Return and Refund Policy. Completed transactions shall continue to remain governed by these Terms, and the Company may retain records as required under applicable law and its Privacy Policy.
7.2.2. Suspension or termination shall not affect any rights, obligations, liabilities, or remedies accrued prior to such suspension or termination.
7.3. User Account Closure:
Users may discontinue using the Website or request closure of their account at any time by contacting the Company. The Company may retain certain information after account closure where required for legal, regulatory, tax, accounting, fraud prevention, dispute resolution, or other legitimate business purposes, in accordance with the Privacy Policy and applicable law.
8. INTELLECTUAL PROPERTY
8.1. All intellectual property rights in and to the Website, including its content, design, layout, functionality, software, source code, databases, graphics, photographs, videos, product descriptions, text, logos, trademarks, trade names, brand elements, and all other materials made available on the Website (collectively, the "Content"), are owned by or licensed to the Company and are protected under applicable intellectual property laws.
8.2. Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Website solely for your personal and non-commercial use.
8.3. Except as expressly permitted by applicable law or with the prior written consent of the Company, you shall not:
8.3.1. copy, reproduce, modify, adapt, publish, distribute, transmit, display, sell, license, reverse engineer, scrape, or otherwise exploit any part of the Website or its Content;
8.3.2. use any trademarks, logos, trade names, product images, or other intellectual property of the Company in any manner that may cause confusion or suggest any association, endorsement, or affiliation with the Company;
8.3.3. use automated tools, bots, crawlers, or similar technologies to extract, collect, or harvest data from the Website; or
8.3.4. remove, alter, or obscure any copyright, trademark, or proprietary notices appearing on the Website or the Content.
8.4. Nothing contained in these Terms shall be construed as granting any ownership or proprietary rights in the Website or its Content to any User. All rights not expressly granted are reserved by the Company.
8.5. Any unauthorised use of the Website or its Content may constitute an infringement of the Company's intellectual property rights and may result in civil and/or criminal proceedings under applicable law.
9. LIMITATION OF LIABILITY
9.1. To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings, arising out of or in connection with the use of the Website or the purchase or use of any Products.
9.2. The Company shall not be liable for:
9.2.1. any interruption, delay, suspension, or unavailability of the Website resulting from maintenance, technical failures, internet interruptions, or events beyond the Company's reasonable control.
9.2.2. any inaccuracies, omissions, or errors in information provided by Users or third parties;
9.2.3. any loss or damage arising from the unauthorised use of your account resulting from your failure to maintain the confidentiality of your login credentials.
9.2.4. any delay or failure in payment processing, shipping, or delivery caused by third-party payment gateway providers, logistics partners, internet service providers, or other events beyond the Company's reasonable control, provided that nothing contained herein shall limit the User's statutory rights under applicable law or the Company's obligation to provide reasonable assistance where such assistance is within its control.
9.2.5. any allergic reactions, sensitivities, or adverse effects resulting from the use or consumption of Products where such Products have been used contrary to the instructions, warnings, or applicable labelling, or where the User has failed to review the ingredients or determine the suitability of the Product for their individual requirements.
9.3. The Website, its Content, and all Products are provided on an "as is" and "as available" basis. Except to the extent required under applicable law, the Company does not warrant that the Website will operate uninterrupted or error-free. Nothing contained herein shall limit any statutory warranties or consumer rights available under applicable law in respect of the Products.
9.4. To the extent permitted by applicable law, the Company's total aggregate liability arising out of or in connection with these Terms, the Website, or any Product shall not exceed the amount actually paid by the User for the specific Product giving rise to the claim.
10. DISPUTE RESOLUTION AND GOVERNING LAW
10.1. If you have any questions, concerns, complaints, or disputes relating to the Website, your account, any order, or these Terms, you should first contact the Company through the contact details provided on the Website. The Company shall endeavour to resolve such concerns through its internal customer support and grievance redressal mechanism within a reasonable period.
10.2. If the dispute cannot be resolved amicably within thirty (30) days from the date it is first raised, it shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
10.3. Nothing contained in this Clause shall prevent a User from approaching the appropriate Consumer Commission or any other statutory authority, tribunal, or forum having jurisdiction under applicable law, where such right cannot be contractually excluded.
10.4. The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. If the Parties fail to mutually appoint an arbitrator, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
10.5. The seat and venue of arbitration shall be Faridabad, Haryana, and the arbitration proceedings shall be conducted in the English language.
10.6. These Terms shall be governed by and construed in accordance with the laws of India. Subject to Clause 10.2 above, the courts at Faridabad, Haryana shall have exclusive jurisdiction over all matters arising out of or relating to these Terms.
11. MODIFICATIONS
11.1. Right to Amend Terms: The Company reserves the right to amend, modify, update, or replace these Terms at any time to reflect changes in the Website, Products, business operations, legal or regulatory requirements, or industry practices.
11.2. Notification of Changes: Any revised Terms shall apply prospectively from their effective date and shall not affect orders accepted prior to such date unless otherwise required under applicable law. Where required by applicable law, the Company may notify Users of material changes through the registered email address or other appropriate means.
11.3. User Acceptance of Changes: Your continued access to or use of the Website after the effective date of any revised Terms shall constitute your acceptance of such revised Terms in respect of future use of the Website. Orders accepted prior to the effective date of such amendments shall continue to be governed by the Terms applicable on the date of acceptance of the relevant order, unless otherwise required by applicable law.
