Terms and Conditions
This document is an electronic record in terms of The
Information Technology Act, 2000 ("IT Act") and rules thereunder, and
is published in accordance with the provisions of Rule 3 (1) under Information
Technology Rules which mandates for publishing of rules and regulations,
privacy policy and terms of use for access or usage of the Website. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
The domain name www.thefreshfrontier.com("Website") is
an e-commerce portal owned and operated by The Fresh Frontier a Shop registered
under the Maharashtra Shops and
Establishments (Regulation of Employment and Conditions of Service) Rules, 2018
Act, having its registered office at 36 MEZZANINE FLOOR, BRAMHA MAJESTIC, NIBM
ROAD, KONDHWA, PUNE 411048.
Your use / access of the Website, its related sites and
hyperlinks, shall be governed by the terms and conditions, policies, rules
of The Fresh Frontier ("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 The Fresh Frontier, 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 The Fresh Frontier regardless
of how you subscribe to or use the Website. This Agreement comes into effect
upon your "Acceptance" of these terms and conditions
("Terms") however The Fresh Frontier at its sole discretion
reserves its right not to accept a user from registering on the Website without
assigning any reason thereof.
DEFINITION
"Agreement" means the terms and conditions as
detailed herein including all schedules, appendices, annexures, Privacy Policy,
Disclaimer and will include the references to this Agreement as amended,
novated, supplemented, varied or replaced from time to time. "You"/
"User" shall mean the end user accessing the Website, its contents
and using the services offered through the Website.
" The Fresh Frontier "/ "we"/
"us"/ "our" shall mean The Fresh Frontier or its
affiliates, franchisees, service providers, successors and assigns
"Site" means the online shopping platform owned and operated by The
Fresh Frontier, which provides a venue to the users to buy the Products
listed on Site and Mobile application (iOS and Android)
"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 the Website.
"Acceptance" shall mean your affirmative action in
clicking on "Checkout" 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 The Fresh Frontier 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, The Fresh Frontier 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 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.
User's Liability
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:
Availability of Website and its services:
This Website is controlled and operated by The Fresh
Frontier from India and The Fresh Frontier 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. 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.
Permission to access website:
The Fresh Frontier 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 The Fresh Frontier. 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 Contents including 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 The
Fresh Frontier 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. Except as expressly provided in Terms of
Use, no part of the Website and no Content may be copied, reproduced,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including "mirroring") to any
other computer, server, website or other medium for publication or distribution
or for any commercial enterprise, without our express prior written consent.
Applicability of Terms:
You will be subject to the policies, conditions and Terms of
use in force at the time that you use the website or that you order goods from
us, unless any change to those policies or these conditions is required to be
made by law or government authority (in which case it will apply to orders
previously placed by you).
Communications:
When you place an order with us or share your email/phone
number via registration, you consent to receive further communication from us
via 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.
Your Obligations:
You shall
Products/Services:
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.
Our Contract:
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. The Fresh
Frontier has complete right to accept or reject an order placed online. No act
or omission of The Fresh Frontier prior to actual dispatch of the
product(s) ordered will constitute an acceptance of your offer. You agree not
to dispute the decision of The Fresh Frontier in this regard.
Note-SMS facility Integration under production.
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 on the Website.
Price
All the products listed on the Website will be sold at
Indian Rupees either at Wholesale Price (inclusive of all taxes) or at an
Offer/discounted price 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 food products prices do
change on a daily basis.
In case of products such as Fresh Food, Vegetables and
Fruits etc. the delivered weight may have variance and product will be billed
accordingly on the actual weight. There may be cases where Wholesale Price. of the product delivered is different from the
Wholesale Price. quoted / reflected on the Website due to various reasons
including time lag in updating prices post changes in Wholesale Price. or product belonging to a different batch or
different Wholesale Price. 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 The
Fresh Frontier. We strive to provide you with the best prices possible on our
Website.
Offers:
Any offers made available through the app, print media,
third-party websites, banners, flexes, social media posts, television, radio,
or any other print or electronic format are subject to stock availability.
Prices include applicable taxes at the time the offer is made.
The coupon code KFF24 is applicable only for products under the 'Kitchen' category. The offer is applicable for a minimum order value of ₹50,000,
Contact us:
In case of any queries you can reach out to us at:
THE FRESH FRONTIER, 36 MEZZANINE FLOOR, BRAMHA MAJESTIC, NIBM ROAD, KONDHWA,
PUNE 411048
Variable Weight Policy :
Please note that the item(s) in this product may vary
slightly in size and weight. Hence, the actual weight of the product delivered
can have a small variance. You will be billed based on the actual weight during
order processing.
Mode of Payment
The Fresh Frontier offers you multiple payment options
both offline and online. Please refer our Price and Payment Policy document for
details
Delivery Charges
Rs.1000 delivery charge will be applicable for all the orders
below Rs.20000.
Delivery/Shipment of Product:
Delivery of the Products under your Order on the Website or
Application shall be made as per our Delivery/shipment policy mentioned herein.
Your orders will be delivered between 48 hours from date of order. Title of the
Product shall pass on to you upon receipt of payment.
Mispricing:
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 endeavor not to sell any product at a price higher than
the wholesale price assigned on the product pack. However, despite our 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 wholesale price assigned 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 colors / 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 colors,
dimension, specifications of products offered on this Website.
Copyright:
All Content included on the website, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of The Fresh Frontier, its affiliates or its
content suppliers and is protected by the Intellectual Property Laws of India.
Intellectual Property Claims:
The Fresh Frontier 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.
Disclaimer:
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.
Amendments:
The Fresh Frontier reserves its right to amend the Website,
Policies, Conditions or Terms of use and at any time without prior notice. All
such updates and amendments shall be posted on the Website and will be
effective from the time of its posting on the Website. You are advised to
regularly check for any amendments or updates to the terms and conditions
contained in this User Agreement, Terms and Policies.
Indemnification:
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 The Fresh Frontier 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 tortious action. Without prejudice to the generality of
this section the total liability of The Fresh Frontier 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.
Waiver:
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.
Reserved Rights of The Fresh Frontier:
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.
Applicable Law:
Any dispute arising out of these terms and conditions, user
agreement, privacy policy or the documents they incorporate by reference and/or
your use of the Website shall be governed and construed in accordance with the
laws of India, notwithstanding any conflicts of law.
Jurisdiction:
You specifically consent to submit any dispute arising out
of these terms and conditions/User agreement to the jurisdiction of courts of Pune
District, India.
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.
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