Welcome to our website. Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using www.cauverypeakestate.com and mspplantations.com (“the Site”) operated by MSP Plantations and Cauvery Peak Estate (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.cauverypeakestate.com and mspplantations.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions.
If you choose to browse and use the Site you agree to comply with the following terms and conditions of use:
- Pricing Information: We strive to provide you with the best prices possible on produce and/or services you buy from us. However, we do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on this site are not subject to comparison with the same or similar produce and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be returned back to you in the form of store credit.
All prices are stated inclusive of GST and other taxes. The applicable price is the one stated in the here in respect of the relevant product on the date of placing of the order.
- Online payment: All payments on the Site are securely processed. We accept most major credit and debit cards, netbanking and wallets through Razorpay. We also accept bank transfers upon special request for wholesale orders. We will ensure confirmation of ordered item(s), availability and shipping before processing your order transaction. You will be advised by email or phone number provided if we are unable to complete your order.
- Credit card details: You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. We will keep the information provided by you confidential and assure you that it will not be shared by us with any third parties unless required for fraud investigations or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the responsibility to ‘prove otherwise’ shall be exclusively on you. Your payment card will be debited for your order on the day we send you the formal order confirmation.
- Delivery Schedule: A tentative delivery time for domestic delivery will be given along with the formal order confirmation email. Domestic delivery will take between 5-7 days of the order date.
- Cancellation Policy: As a company policy we will not be able to cancel or refund any orders that has been made on the website. If there are changes in the delivery address or you would like a product to be added you need to call us on +914281 226610/ 11/ 12 or +91 9449350293. If we suspect any false or fraudulent transactions by any customer or any such order that defies the terms and conditions, we are at our sole discretion to cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and will deny access to them and cancel the orders placed by them. Please note we have a ‘no return and no refund policy.
- Invitation to offer: All products and information displayed on the Site constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Cauvery Peak Estate prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
- Colours and Packaging: We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products are handcrafted so there may be some variations in the actual product received. Packaging of the product may vary from the packaging of the product displayed in the website. All products are subject to availability. We reserve the right to limit the quantity of products we supply, supply only part of an order or to divide up orders. We will inform you if we are unable to fill your order.
- Contents: The content of the pages of this Site is for your general information and use only. It is subject to change without notice.
- Copyright and Trademark: This Site contains material, which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and is protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The trademarks, logos and service marks (“Marks”) displayed on the Site are our property and/or the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or permission of such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
- License and Site Access: We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us and shall give rise to a claim for damages and will be a criminal offense.
- External links: From time to time this Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Disclaimer of Warranty: All content, products, and services on the Site, or obtained from a website to which the Site is linked (a “Linked Site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. We do not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than us, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will we be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- Limitation of liability: You expressly understand and agree that the Company and its subsidiaries, affiliates, officers, employees, agents, shareholders and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related/unrelated services and other services offered on the site from time to time.
- Indemnity: You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
- Your obligations: Your obligations for a smooth experience are as below:
You have to provide true, accurate, current and complete information about yourself as prompted.
If you provide any information that is untrue, inaccurate, incomplete, or not current or if We has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with this Agreement, we have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Cauvery Peak Estate for redelivery shall be claimed from you and you shall pay such cost.
You will provide authentic and true information in all instances where such information is requested of you. Cauvery Peak Estate reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Cauvery Peak Estate has the right in its sole discretion to reject the registration and debar you from using the Services of the Site and or other affiliated websites without prior notice whatsoever.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you shall check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item’s description.
- Governing Law and jurisdiction: Your use of the Site and any dispute arising out of such use of the Site is subject to the laws of India and the Courts in Salem, Tamil Nadu shall have exclusive jurisdiction.
- Changes to terms and conditions: We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes.