Terms and Conditions

Definition

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 Berrydale Spices as provided from time to time in its Website and corresponding hyperlinks.

• "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.
• "Berrydale Spices"/ "we"/ "us"/ "our" shall mean BERRYDALE FOODS PRIVATE LIMITED (operating the Berrydale Spices division) or its affiliates, franchisees, service providers, successors and assigns.
• "Site" means the online export/ ordering platform owned and operated by BERRYDALE FOODS PRIVATE LIMITED ("Berrydale Spices"), which provides a venue to the users of Berrydale Spices to enquire about and/ or purchase the Products listed on Site.
• "Customer"/ "Buyer" shall mean the person or any legal entity who accesses the Website and places an order or export enquiry 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"/ "Submit Enquiry" 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 spices, millets, grains, pulses and other export products offered for sale on the website from time to time.
• "Delivery" shall mean the physical delivery/ shipment 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 an 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.

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, Berrydale Spices may collect certain personally identifiable information about you including first and last name, email address, mobile phone number and contact details, postal code, company/ organization details, 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 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 enquiry, 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:

1. belongs to another person and to which you do not have any legal right;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
3. harms minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy;
5. violates any law for the time being in force;
6. impersonates another person;
7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.

Availability of Website and its services

You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Berrydale Spices to purchase the products and /or services from Berrydale Spices, and pay the transaction price to Berrydale Spices using appropriate Payment Facility.

Access to Website

This Website is controlled and operated by Berrydale Spices from India and Berrydale Spices 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 India, you are entirely responsible for compliance with all applicable local laws, including import regulations of your own country.

Permission to access 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.

Berrydale Spices grants you a limited, revocable permission to access and make personal use of this Website, but not to download or modify it, its content or any portion of it, except with express written consent of Berrydale Spices. 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 content; 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.

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, conditions 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 or export enquiry on our Website or send emails to us, you are communicating with us electronically so you must provide a valid mobile phone number/ email address while placing an order with us. We may communicate with you by email, SMS, phone call, WhatsApp or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, emails or phone calls from us with respect to your order.

Your Obligations

• Not acquire any ownership rights by downloading material/ content from this website.
• Read the terms and policies of the website and agree to accept the terms before use of the Website.
• Abide by the terms and policies of Website, neither copy or modify the content of the website nor use the Website for commercial purposes other than placing your own order/ enquiry, and not for resale of the Website's content by you or any other person.
• 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.
• Not refuse to accept the delivery of the Products under your order upon delivery except for damages and deficiencies.
• Authorize us to declare and provide declaration to any governmental or customs authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

Products/ Services

All products/ services and information displayed on Website constitute an "invitation to offer". Your order or export enquiry 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 email/ SMS/ formal quotation or through shipment of the items you requested. Upon placing an order, you will receive an email confirming receipt of your order with details (the "Order Confirmation Email"). The Order Confirmation Email 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 Email"). We, at our sole discretion, reserve our right to limit the quantity of items and cancel any order, even after acceptance. Berrydale Spices has the complete right to accept or reject an order placed online.

Cancellation of Order

You can cancel your order fully or partially anytime prior to dispatch by contacting our customer service/ export team. 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. Once an order has been dispatched or, in the case of bulk/ export orders, once production or packing has commenced against a confirmed purchase order, cancellation may not be possible or may be subject to costs already incurred.

Price

Prices for retail-packaged products listed on the Website will be sold in Indian Rupees, inclusive of all applicable taxes unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged to you on the date of dispatch. For bulk and export orders, pricing is quoted separately per shipment/ contract (commonly per Kg or Metric Tonne) and is subject to prevailing market rates for spices, grains and agri-commodities, which may fluctuate; such prices will be confirmed in writing (email/ quotation/ proforma invoice) before the order is deemed accepted.

Mode of Payment

Berrydale Spices offers multiple payment options both offline and online, including bank transfer/ Letter of Credit for export orders where applicable. Please refer our Price and Payment Policy document, or your confirmed proforma invoice, for details specific to your order.

Shipping & Delivery Policy

At Berrydale Spices, our shipping and delivery terms are as follows:

1. Order Processing: Retail orders placed before 2:00 PM (IST) are typically processed and dispatched within 1-2 business days. Bulk and export orders are processed on confirmation of the purchase order and receipt of applicable advance payment, with dispatch timelines communicated at the time of order confirmation based on production, packing and documentation requirements.
2. Delivery Timelines: Domestic delivery times vary by location; metro cities typically receive orders within 2-4 business days, and rest of India within 4-7 business days. Export shipment timelines vary by destination market, mode of transport (sea or air freight) and customs clearance at the destination port, and will be communicated as part of your order/ contract confirmation.
3. Customer Responsibility: You must ensure someone is available to receive the package at the address provided, and that all address and customs/ import documentation details supplied to us are accurate. Berrydale Spices is not responsible for delays or losses caused by missed delivery attempts, incorrect addresses, or incomplete import documentation provided by the user.
4. Inspection: Users are advised to inspect the package/ consignment immediately upon delivery. If damage is visible, please document it immediately with photographs before accepting or signing for the delivery where possible.

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, we may inform you at the time of order confirmation, or we may not supply the product unless the problem is resolved, and if you do not want to purchase the Product at 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.

Return & Refund Policy

Berrydale Spices deals in spices, millets, grains, pulses and other export goods. Our return and refund policy is as follows:

1. No Returns on Opened/ Used Products: We do not accept returns for opened, used or consumed products once delivered, for hygiene and food safety reasons.
2. Refund/Replacement Eligibility: You are eligible for a refund or replacement ONLY if:
   • The product arrives damaged in transit (e.g., torn/ compromised packaging, spillage);
   • The product does not match the agreed specification, grade or sample confirmed at the time of order;
   • You received the wrong item or an incorrect quantity.
3. Reporting Window: You must report any issues with retail orders within 7 days of delivery. For bulk/ export shipments, any claim regarding quality, quantity or specification must be raised within the timeframe specified in your order confirmation/ contract, and in any case before the goods are used, processed or resold. Claims made after the applicable window will not be accepted.
4. Proof Required: To claim a refund, you must email or WhatsApp us with your Order ID/ Invoice number and clear photos/ video of the damaged or non-conforming product, and, where applicable, a third-party inspection or lab test report.
5. Refund Process: Approved refunds will be processed to the original payment method within 5-7 business days for retail orders, or as agreed in writing for bulk/ export orders.

Exactness/ Accuracy not guaranteed

We have made significant efforts to accurately display the colours/ 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 colours, dimension, specifications of products offered on this Website. Final specifications for bulk/ export orders will be as confirmed in your order confirmation, specification sheet or contract, which shall prevail over the Website description in case of any conflict.

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 Berrydale Spices, its affiliates or its content suppliers and is protected by the Intellectual Property Laws of India.

Trademarks

The trademark Berrydale Spices, its logo and all products and logos denoted with TM are trademarks owned or registered trademarks of Berrydale Spices, BERRYDALE FOODS PRIVATE LIMITED, or its affiliates.

Intellectual Property Claims

Berrydale Spices 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 warranty/ guarantee expressly confirmed in writing by us against the respective order, and we hereby expressly disclaim any and all other responsibility and liability in that regard.

Severability

If any of these Terms is deemed invalid, void or unenforceable in whole or in part for any reasons, such invalidity or unenforceability condition or part thereof will be deemed severable and will not affect the validity and enforceability of any remaining condition or part of such condition/ terms.

Amendments

Berrydale Spices reserves its right to amend the Website, Policies, Conditions or Terms of use 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.

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 Berrydale Spices 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 a missed or delayed 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 Berrydale Spices

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 Navi Mumbai, India.

Term & Termination

This User Agreement shall be effective from 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.