Terms & Conditions
Welcome to COWBERRY, a brand under COWBERRY Industries Private Limited ("us," "we," or "our"). Please read these terms and conditions ("Terms of Use") carefully before using our website www.cowberry.World ("the Site"). By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree with all of these terms, please do not use the Site.
1. Introduction
1.1 COWBERRY operates under COWBERRY Industries Private Limited, a company incorporated under the Companies Act, 1956, with its registered office in Surat, India.
1.2 The Site offers registered users access to information, products, and services provided by COWBERRY ("the Services"). Until registered, you are considered a "User."
1.3 This document is published in compliance with Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publication of rules, regulations, and the Terms of Use for accessing or using the website.
2. Agreement
2.1 These Terms of Use, along with our Privacy Policy and other terms and conditions presented on the Site, govern your use of the Site.
2.2 In these Terms of Use, "us," "we," and "our" refer to COWBERRY Industries Private Limited and references to "you" or "your" are directed to the end user.
2.3 By using the Site, you agree to abide by these Conditions. We reserve the right to change, update, or amend these Conditions without prior notice.
3. Overview of Services and Information Collection
Upon registering on the COWBERRY site, we may gather the following details: First and last name, email address, alternate email, mobile and landline numbers, residential address (including building, flat number, street, city), pin code, state, country, demographic information (like age, gender, occupation, education), your preferences for events and liked events (which may be collected via surveys).
Additionally, we might collect data about your site origin, pages visited on our site, duration of visits, frequency of access, links or banners clicked, device type, operating system version, and related browsing details.
4. Eligibility
Access to COWBERRY services is limited to specific regions in India. Individuals classified as "incompetent to contract" under the Indian Contract Act, 1872, including undischarged insolvents, are not permitted to use the site. Minors, those under 18 but above 13 years of age, may use the site under the supervision of a parent or legal guardian who agrees to these Terms of Use. For users under 18, transactions can be conducted by their registered parents or legal guardians. Purchases of adult-oriented materials prohibited for minors are strictly forbidden.
5. Site Access & License
COWBERRY grants users a restricted sub-license allowing personal site access and use. Downloading or modification of the site or its content, except for caching, requires express written consent. Commercial use, resale, data collection (including product information), and derivative site use are prohibited. Reproduction, sale, framing, or any exploitation for commercial purposes requires express written consent. Use of site trademarks, logos, or meta tags without consent is not allowed. Unauthorized actions terminate the granted license.
6. Pricing
Products listed on COWBERRY site are priced at MRP unless stated otherwise. Order prices are fixed on the order date and will apply upon delivery. While most product prices remain constant, certain commodities and fresh foods' prices may fluctuate daily. If delivery prices vary from order prices, additional charges or refunds will be adjusted during delivery.
7. Account & Registration Obligations
All shoppers must register and log in to place orders. Keeping accurate and up-to-date account and registration details is essential for communication regarding purchases. By agreeing to the terms, shoppers consent to receiving promotional communication and newsletters post-registration. Customers can opt out of such communication through the "My Account" section or by contacting customer service.
8. Ordering and Payment
COWBERRY online portal enables shoppers to place orders for desired products on the website. Customers are provided with various payment options, including online payments, cash on delivery, and other legal payment methods available on the portal. Upon receiving order confirmation from the shopper, we will update the order details, including the expected delivery time.
9. Cancellation by Site / Customer
Customers have the flexibility to cancel their orders before the cut-off time of the chosen time slot. This can be done through customer service or the website. In such cases, any payments made for the order will be refunded. We reserve the right to cancel orders if fraudulent transactions or violations of the website's terms and conditions are suspected. A record of such cases will be maintained, and access to such customers will be denied, with orders cancelled accordingly.
10. Refunds & Return
At COWBERRY, we adhere to a "SPOT return, and refund policy." This policy allows members to return products during delivery if they are dissatisfied with the product's quality or freshness. We will retrieve the returned product and issue a credit note equivalent to the return product's value, which will be credited to the customer's account on the site. This credit can be used for future shopping bills.
11. You Agree and Confirm
By using the site's services, customers agree to use them for lawful purposes only, in compliance with applicable laws and regulations. Accurate and truthful information should be provided whenever requested. We reserve the right to validate and verify provided details, and if found inaccurate, we retain the right to reject registrations and prohibit access to our services and affiliated websites. Customers authorize us to contact them for transactional purposes related to their orders/accounts. Customers acknowledge that they access and transact on the site at their own risk and discretion. Careful assessment should be exercised before engaging in transactions. Ensuring accurate delivery information is the responsibility of the customer. Placing an order implies agreement to the conditions of sale outlined in the item's description.
12. Prohibited Site Usage
You are prohibited from using the COWBERRY site for the following activities:
13. Colors and Depictions
While we strive to accurately display product colors on the COWBERRY site, please note that the colors you see depend on your monitor's specifications. Product representations are genuine, merchantable, and of the quality as shown on the portal.
14. Modification of Terms & Conditions
The content on the COWBERRY website, including product details and offers, may change without prior notice. The most up-to-date version of the Terms & Conditions can always be found on the site. Your access and use of the site imply your agreement with these terms. If you disagree, please refrain from using the site.
15. Reviews, Feedback, Submissions
Any reviews, comments, feedback, suggestions, or other submissions made to the COWBERRY site become the property of COWBERRY. By submitting such content, you assign all rights and interests in the content to COWBERRY. We have the right to use, modify, adapt, and distribute these submissions without compensation to you. Submitted content must adhere to certain guidelines and not violate any rights or contain unlawful material. We reserve the right to monitor, edit, or remove submitted content.
16. Copyright & Trademark
COWBERRY, its suppliers, and licensors retain intellectual property rights in the content on the site. No license is granted for the use of these rights. The site's contents, including text, images, trademarks, and software, are protected by copyright laws. You may not reproduce, distribute, modify, or exploit the content without permission. All trademarks, logos, and marks belong to their respective owners. No license is granted to use these marks. The site's materials are for personal, non-commercial use only. Reproduction, distribution, or exploitation for any other purpose is prohibited. Software on the site is also protected by copyright laws.
17. Content Responsibility
When using the COWBERRY site or its services, you might come across content that some find offensive, indecent, or objectionable. This content may or may not be clearly labeled as such. By using the site, you acknowledge that you do so at your own risk, and to the extent allowed by law, neither COWBERRY nor its affiliates will be liable for offensive or objectionable content.
18. Indemnification
You agree to protect, indemnify, and hold harmless COWBERRY, its employees, directors, officers, agents, and successors from any claims, liabilities, losses, damages, costs, and expenses, including legal fees. This includes claims resulting from your actions or inactions, any breach of warranties or obligations, violations of applicable laws, and more. This provision remains valid even after this User Agreement ends.
19. Limited Liability
COWBERRY total liability and your sole remedy, legally or otherwise, related to products and breaches of this agreement, is limited to the amount you paid for products minus shipping and handling. COWBERRY will not be responsible for direct, indirect, incidental, special, or consequential damages associated with this agreement, products, or use of the website.
20. Termination
This User Agreement can be terminated by you or COWBERRY. You can end it anytime by discontinuing site use, while COWBERRY can terminate it without notice, immediately denying you access. Such termination will not make COWBERRY liable. Upon termination, you must destroy downloaded materials and copies. Obligations like paying for already ordered products and liabilities stay valid.
21. General Provisions
Acknowledgment of Agreement
By using the COWBERRY website or ordering products, you confirm your agreement with these terms and conditions.