Terms of Online Purchase

Jcommerce Technology Private Limited

1. Ordering Process

1.1 Under the terms of the Online Purchase, Payment, Cancellation and Refund Policy, “HERBSMELLO”, offer you to place orders for pet foods and accessories through our website www.xmello.com (“the Products”).

1.2 In this policy the word “ordering” or “placing order”, used in respect of the products means:

(a) to access the website and select the vendor who has listed the product on the website;

(b) to view and read about the brand and product via the website;

(d) to download the receipts at the conclusion of placing the order.

1.3 By purchasing the products from the website and/or by clicking on the "accept" button below you have read, understood, and agree to be bound by the terms of the purchase from HERBSMELLO, which is a legal agreement.

1.4 If you do not agree to the terms of the Purchase, you may not place the order, and you must leave it by clicking on the "cancel" button below.

1.5 We advise you to print a copy of the order confirmation for future reference.

1.6 Visiting the Platform/Site, sending and receiving emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the platform/site /Mobile Application, satisfy any legal requirement that such communication is in writing.

1.7 By using the Site/Mobile Application, you represent and warrant that

1.71. All registration information you submit will be true, accurate, current, and complete.

1.7.2 You will maintain the accuracy of such information and promptly update such registration information as and when necessary;

1.7.3 You have the legal capacity and you agree to comply with these Terms and Conditions;

1.7.4 You are not a minor in the jurisdiction in which you reside; and as a minor any user wishes to use HERBSMELLO E-Commerce platform, such usage may be made under the supervision of their legal guardian or parents.

1.7.5 You will not use HERBSMELLO E-Commerce platform for any illegal or unauthorized purpose; and

1.7.6Your use of the HERBSMELLO E-Commerce platform will not violate any applicable law or regulation.

1.8 We reserve the right, in our sole discretion, to make any changes to the Products or Services and contents that we deem necessary or useful to (a) maintain or enhance: (i) the quality or delivery of our services; (ii) the competitive strength of or market for our services; or (iii) the cost efficiency or performance of the Services; or (b) to comply with applicable law.

1.9 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Order and refuse any current or future use of HERBSMELLO E-Commerce platform (or any portion thereof).

2. Grant and scope of placing online orders

2.1 In consideration of completing the process of registration and accepting to abide by the terms of our online purchase, You further guarantee, acknowledge, and agree that:

2.1.1 You will keep private and secure all access credentials and passwords provided to you;

2.1.2 You will maintain and operate in accordance with terms of Purchase

2.2 As a Customer you are solely responsible for verification of the accuracy of the information available on this Platform and any links from this Platform.

2.3 Except as expressly provided in writing, Customer’s use of the HERBSMELLO E-Commerce platform, its content, and any services through the platform is at the Customer’s own risk and the platform is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither HERBSMELLO nor any person associated with JCOMMERCE makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the products or warrants that the products obtained through the platform/online stores will be accurate, reliable, that defective goods will be replaced, that the platform or the server that makes this online stores available are free of viruses or other harmful components or that the platform or any services or items obtained through the platform will otherwise meet your needs or expectations.

2.4 We reserve the right: (a) to change at any time, without justification and without prior notice, partially or in total, the Terms & Conditions, the features and services provided on HERBSMELLO ’s E-Commerce Platform/Platform’s functionalities as well as the Platform’s versions or the provided products, (b) to renew or upgrade or discontinue/stop, partially or in total, any of the products listed on the Platform, (c) to renew or upgrade partially or in total the external appearance (interface), the structure or composition (configuration) of the Platform and/or any User Account as well as their technical specifications, (d) to limit the access of the entire Platform to any registered or unregistered User. Moreover, we reserve the right at any time, to cancel, suspend or pause or shut down over operation.

2.5 We reserve the right to suspend and/or delete a Customer and/or refuse the registering of a Customer Account, at any time, for any reason, including in the event we become aware of repeatedly infringing use of the website/Platform from any Customer and/or any Platform visitor and/or any third party, or in case we receive notices regarding a Customer’s repeatedly infringing behavior.

3. Placing Oder: Once you select a particular product from a chosen vendor and accept the terms, you will be directed towards the payment portal.

3.1 Once the payment is completed the order and shipment details will be made available by the concerned vendor’s portal who shall dispatch the product to the customer.

3.2 Further it is agreed that HERBSMELLO will not be liable or responsible for any failure to perform, or delay in performing, any obligations of the vendor which is caused by an Event outside the vendor’s control such as including without limitation failure of public or private telecommunications networks and courier services.

4. Payment: While availing any of the payment method/s available on the www.Herbsmello .com, HERBSMELLO/JCOMMERCE shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:

4.1 Lack of authorization for any transaction/s, or

4.2 Exceeding the preset limit mutually agreed by the Customer and between "Bank/s",

4.3 Any payment issues arising out of the transaction, or

4.4 Decline of transaction for any other reason/s

4.5 All payments made against the purchases by the Customer shall be compulsorily in Indian Rupees acceptable in the Republic of India.

4.6 All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using the services of payment gateway service providers or through an approved, appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to, between the Customer and the respective Issuing Bank and payment instrument issuing company.

4.7 All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these services to the Customer. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Customer and the respective Issuing Bank.

4.8 Transaction Price and all commercial terms such as Delivery, Dispatch of products are between Customer and Vendor and cards payments or payment gateway facility is merely used by the Customer and Vendor to facilitate the completion of the Transaction. Use of the payment facility shall not render HERBSMELLO/JCOMMERCE liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of warranty services or fraud as regards the products and /or services listed on www.Herbsmello .com.

4.9 The Customer by agreeing to the payment terms specifically authorize HERBSMELLO or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically through Online Payment or Payment Gateway Facility. By accepting these Terms of Purchase the Customer agrees that HERBSMELLO is an E-Commerce platform for all purposes, and does not have control of or liability for the products that are listed on www.xmello.com, that are paid for by using the Payment Facility. HERBSMELLO does not guarantee the identity address details of any Customer nor does it ensure that a Customer or a Vendor will complete a transaction.

4.10 The Customer understands, accepts and agrees that the payment facility provided by HERBSMELLO is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment, collection and remittance facility for the Transactions on the xmello.com using the existing authorized banking infrastructure and Credit Card payment gateway networks.

4.11 If HERBSMELLO has any suspicion or knowledge that any of its customers and vendors are involved in any activity that is intended to provide claims or information that is false or not genuine, HERBSMELLO may also, while reserving its rights to initiate civil and/or criminal proceedings against such customer and vendors, at its sole discretion, suspend, block, restrict, cancel the display name of such customers and vendors and/or disqualify that customer and vendor. Customers/vendors who have been blocked for any suspicious or fraudulent activity on HERBSMELLO will not be allowed to use any services rendered through xmello.com.

4.12 HERBSMELLO reserves its right to initiate civil and/or criminal proceedings against a customer who, files invalid and/or false claims or provides false, incomplete, or misleading information.

5. Refund and Cancellation:

5.1 HERBSMELLO focuses on customer satisfaction and hence a displeased Customer will have the option for a refund provided the reasons are genuine and proved after investigation.

In case of defective products or improper packaging, the Customer shall have the liberty to reject the product and request a refund from HERBSMELLO.

5.2 Cancellation Requests received later than 24 Hours (1) business day prior to the end of the dispatch period as confirmed by each vendor, will be treated as a cancellation of the order.

5.3 The Customer comprehends that upon commencing a Transaction for a product purchase the Customer is entering into a legally binding and enforceable contract with the Vendor to purchase the products and /or services from the HERBSMELLO using its E-Commerce Platform and Payment Facility, and shall pay the Transaction Price through the Issuing Bank to the HERBSMELLO using their Payment Facility.

5.4 The Scope of work of HERBSMELLO ends once a Customer’s order confirmation is posted on the portal of the registered vendors offering products. The Customer shall have absolute discretion in choosing the Vendor for a particular product or service.

5.5 HERBSMELLO will be liable for a refund to the Customer and shall claim the refund amount from the vendor subsequently.

5.6 Any transaction price paid by Customer in case of any cancellation by Vendor, shall be refunded to the User by the HERBSMELLO not later than 2 (Two) Business days from the date of cancellation of the order.

5.7 The Customer User, shall be entitled to claim a refund of the Transaction Price (as sole and exclusive remedy) in case the user does not receive the Delivery within the time period agreed in the Transaction.

6.8Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received deducting the transaction charges in Indian Rupees along with any GST during the purchase.

6.9 For electronics payments, the refund shall be made through the payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

6.10 The User acknowledges that HERBSMELLO will not be liable for any damages, interests or claims etc. resulting from the use of products of the vendor or for not processing a Transaction/Transaction Price or any delay in processing a Transaction that is beyond the control of HERBSMELLO.

HERBSMELLO welcomes your questions, grievances, or comments regarding these Terms of Online Purchase by emailing us at info@xmello.com.

HERBSMELLO Terms of Online Purchase dated 01.01.2024