Terms and Conditions

Welcome to Farmarika . Our website address is www.farmarika.com .  PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

This Customer Agreement (the "Agreement") is an agreement between you and Farmarika Worldwide Foods or its affiliates ("Farmarika ") that states the terms and conditions under which you may use our website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") and receive Farmarika  service, which includes processing and delivery (or arranging for delivery) of product orders (the "Farmarika  Service"). Your use of the Farmarika  Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Platform or the Farmarika  Service.

 

Farmarika  Satisfaction Guarantee

All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us in the website. For grocery or perishable products, you should replace immediately after delivery, or until the expiration date printed on the product — whichever is earlier — to contact us about the products. For frozen products, you have up to twenty-one (21) days after delivery to contact us about the products. Farmarika  may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher or points in the backend.

1. Farmarika  Service - Managing Your Orders

1.1. Ordering through the Platform. Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. Delivery timeslots are available on a first-come first-served basis. To view delivery and cutoff times, visit the Delivery Info section of the Platform. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items.

 

You may cancel orders via the "Your Account" section of the Platform or by contacting our customer support in the website. Please see the "Contact Us" section of the Platform for Customer Service hours.

1.2. Price, Availability and Substitutions. Farmarika  strives to provide you with great prices compared to the competition near your delivery address, and certain items may be priced differently depending on your last delivery address or the address you choose before placing items in your cart. We receive fresh products every day to assure you the highest quality. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions. If you're not happy with the substitution, please email us from the website. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per pound/ounce (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your payment method will not be charged or refunded.

Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.

1.3 Delivery Fee. A delivery fee may be added to your order based on the delivery location. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.

1.4. Variable Weight Orders. Because many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per kg/litre indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery.

1.6. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges. If the order value is less than minimum purchase price indicated in the website, your order may get rejected or you may be called for placing a minimum order value.

1.7. Cancellations. Cancellation of orders after the required cutoff time will result in a restocking fee equal to the sum of (a) 100% of the total INR amount of your perishable items (since many of our perishable items are individually prepared) plus (b) 25% of the total INR amount of your nonperishable items.

2. Farmarika  Service - Payment

2.1. Credit/Debit Card Payment. To place an order, you must have a credit card or debit card ("Card") on file with Farmarika . Farmarika  will execute a INR 1.00 authorization or temporary charge on your Card to verify the validity of your account and that the information you provided to Farmarika  is correct. This authorization does not cost you anything and under most circumstances will expire in a few days (debit card authorizations typically expire in 1 to 2 days depending on your bank's rules). If you experienced trouble enrolling with Farmarika , you may see multiple INR 1.00 authorizations. These multiple charges (up to INR 5.00) will expire in a few days. You may edit or update your Card information in the "Your Account" section on the Platform.

 

2.2. Card Authorization and Estimated Costs. Your Card will be charged for your order on the day your order is placed.   Farmarika  will not process an order that attempts to use an incorrect, expired, or over-the-credit limit Card. We will make reasonable efforts to contact you if this occurs. However, in the event such an order is processed, Farmarika  reserves the right to collect funds for any uncollected transaction charges or fees owed to it. Farmarika  may charge a fee of 2% per order should a payment made via Card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due, including but not limited to returned checks, rejected electronic payments, redelivery fees or restocking fees, Farmarika  may charge such amount directly to the Card identified in your Customer Account and Farmarika  may suspend or terminate your access to the Farmarika  Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Farmarika  may incur in its efforts to collect any unpaid balances from you. Your right to use the Farmarika  Service is subject to limits established by Farmarika  and/or by your Card issuer.

 

2.3. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Farmarika  may charge such amount directly to the Card identified in your Customer Account and may suspend or terminate your access to the Farmarika  Service. You shall be responsible and liable for any fees, including lawyers fees and collection costs, that Farmarika  may incur in its efforts to collect any unpaid balances from you. Your right to use the Farmarika  Service is subject to limits established by Farmarika  and/or by your bank. Farmarika  reserves the right to remove the

 

3. Farmarika  Service - Delivery

 

3.1. Delivery of Products. Farmarika may not use refrigerated trucks with freezer compartments to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.

 

3.2. Delivery Requirements. To receive delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery (a applicable redelivery fee may apply) for the same day or even cancel your order and charge you the 2xdelivery charges.  In such case, if we are unable to redeliver the order to you for any reason, the order will be cancelled and you will be charged a cancellation fee as described above

 

3.4. Limits and Adjustments to Delivery. Farmarika  delivers case sizes of a variety of different goods, including but not limited to rice bags, flour bags nd beverages. Given the heavy weight of some of these products, and our concern for the health and safety of our personnel, we have purchase limits on a variety of these items on our Platform. Additionally, in the interest of the health and safety of our personnel, in non-elevator buildings, the highest floor we can deliver to is the 2nd floor . We cannot deliver above the 4th floor. In the event of a non-functioning elevator, the preceding delivery restrictions apply. Our technology cannot and does not enforce these limits. We ask you to abide by these service limitations, as we the reserve the right to limit a delivery when an order exceeds these limitations. Additional Delivery Charges may apply above 2nd Floor.

 

3.5. Invoices. You will receive an email invoice the day of your delivery. All of your order invoices are available in the "Your Account" section of our Platform. If something is missing from your order, please contact our Customer Service department via our Customer Inquiry e-mail form.

 

3.6. Inclement Weather and Unforeseen Delivery Complications. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 12:30 AM without your consent. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.

 

3.7. Tips. Farmarika  delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery  

 

4. Access to the Farmarika  Service

 

4.1. ID Number and Passwords. Access to the Platform is accomplished by creating an account through the use of a user name and a password that you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name password and all use or charges incurred from use of the Farmarika  Service with your password. You agree to notify Farmarika  promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Farmarika  Service until you notify Farmarika . Please don’t keep the email password and Farmarika password same.​

4.2. .Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to customer support section in the portal, or you can update your account information yourself by going to "Your Account" on the Platform. Please do not send credit card or other payment information via email.

4.3. Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Platform and use of the Farmarika  Service, to understand our practices.

 

5. Warranty Disclaimer; Limitation of Liability; Indemnification

  •  YOU EXPRESSLY AGREE THAT USE OF THE FARMARIKA  SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE FARMARIKA  SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FARMARIKA  DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FARMARIKA  SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FARMARIKA  SERVICE; FARMARIKA  DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. FARMARIKA  MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE FARMARIKA  SERVICES. FARMARIKA  DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

  •  NEITHER FARMARIKA  NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "FARMARIKA  PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE FARMARIKA  SERVICE, OR THE INTERNET. FARMARIKA 'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE FARMARIKA  SERVICE AND TO TERMINATE THIS AGREEMENT. FARMARIKA  RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  • The material in the Platform is provided for lawful purposes only. Farmarika  operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.  You agree to defend, indemnify, and hold Farmarika  Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including lawyer fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.

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  • 8. General Term

 

8.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Farmarika  may suspend or terminate this Agreement or the Farmarika  Service or remove or disable access to any portion of the Farmarika  Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Farmarika  Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Farmarika  reserves the right to collect fees and charges incurred before you cancel your Farmarika  Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

8.2. Notices. Farmarika  may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the "Your Account" section of the Platform. You may give notice to Farmarika  by contact us section

8.3. Entire Agreement. This Customer Agreement, the Platform Terms of Use, and the Privacy Policy referred to herein represent your entire agreement with Farmarika  regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Farmarika , and Farmarika  Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Farmarika  or relating in any way to your use of the Service or the Platform resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Farmarika  Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.

 

8.4. Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Farmarika  Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Farmarika  Service.

 

8.5. Amendment. Farmarika  may amend this Agreement at any time by posting the amended terms on our Platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.

9. Access to the Farmarika  Service

 

9.1 ID Number and Passwords. Access to the Farmarika  Service is accomplished through the use of a user name and a password that will be issued to you upon registration. If you are a Corporate Services customer, before your registration is complete, Farmarika  may require verification of your address for delivery. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Farmarika  Service with your password. You agree to notify Farmarika  promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Farmarika  Service until you notify Farmarika  of the unauthorized use of your password.

This Agreement was last revised on 13th October 2020