GENERAL TERMS AND CONDITIONS

Disclaimer: Tara Nutraceuticals trading as Tara Nutraceuticals OR taranutraceuticals.com endeavors to ensure that the content of this site is as up-to-date and accurate as possible.

However it doesn’t warrant or make any representations regarding the use, validity, accuracy or reliability of, or the results of the use of, or otherwise respecting, the information/data on this site or any sites linked to this site.

In no event shall Tara Nutraceuticals be liable for any social, indirect or consequent damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action arising out of or in connection with the use of the information/data on this site or any sites linked to this site.

INDEMNITY

You agree to indemnify and hold Tara Nutraceuticals, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable solicitor’s fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

Tara Nutraceuticals is a company registered in India. Unless otherwise specified, the materials on this site are directed solely at those who access this site from India. Tara Nutraceuticals makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. Indian law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the Indian courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

LIMITATION OF LIABILITY

You agree that Tara Nutraceuticals shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement; Also any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Tara Nutraceuticals direct control including, without limitation, damage for loss of business, loss of sales, nonpayment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Tara Nutraceuticals has been advised of the possiblity of such loss or damage).

You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of Tara Nutraceuticals in contract, tort, negligence, statutory duty or otherwise (even where Tara Nutraceuticals has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with any defect in a product; any failure by Tara Nutraceuticals to process signals, data, information, orders or messages correctly or in a timely manner; any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects in the product, to the price of the relevant goods and otherwise to INR 500.00 (INR Five Hundred Only). This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and TaraNutricare becomes liable for loss or damage that could otherwise have been limited.

You agree and acknowledge that you are in a better position than Tara Nutraceuticals to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by Tara Nutraceuticals, and therefore that Tara Nutraceuticals cannot adequately insure in respect of such liability. You warrant to Tara Nutraceuticals that you will insure against, or bear yourself, any loss for which Tara Nutraceuticals has excluded liablity.

In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Tara Nutraceuticals.

ORDERING

Prior to placing an order, Purchaser/Customer/Web user must have an active user account with Tara Nutraceuticals and Customer’s account must be current and in good standing.

Orders by Customer should be placed over website, but can also be sent to us via fax OR e-mail. Order details can also be given to sales team over the phone, Sales person will issue an order number and shall confirm all the order details along with prices by speaking each item over the phone. An order confirmation number will be issued to Purchaser over the phone which can be used for future reference to discuss that order.

Tara Nutraceuticals will upon receipt of a customer order, will process and dispatch goods only after confirmation of payment recveived by our bankers. If the Customer makes any additions to or alterations in the Order placed with Tara Nutraceuticals, Tara Nutraceuticals shall be entitled to reject such additions or alterations or to cancel the Order.

Customer must provide Tara Nutraceuticals with complete Product order information as required by Tara Nutraceuticals. The product order information will include without limitation the (i) Product description, (ii) unit quantity, (iii) Tara Nutraceuticals SKU (Stock Keeping Unit), (iv) Current unit price as provided by Tara Nutraceuticals, and (v) correct shipping/delivery address.

Timing your Orders

To avoid disappointment, we always advise to place your order a week or so before you are due to run out in order to ensure you will always have your chosen supplements available. As athletes ourselves, we know how important it is to never run out and maintain a consistent intake of supplementation with your diet.

Adding items to an existing order:

Unfortunately, due to the speed and complexity of our operations, we are unable to add items to your order once payment has been made.

DELIVERY

Delivery times quoted are estimates only, and Tara Nutraceuticals shall not be liable for any delays caused except to the extent caused wilfully or negligently by Tara Nutraceuticals. Details of delivery terms can be read here.

PAYMENT TERMS

In case of Credit/Debit Card, All payments will be deducted in full before dispatching the goods. This may take up to 24 hours. Direct deposit into Tara Nutraceuticals account by the customer will be verified before dispatch of goods. This occasionally takes only up to 4 hours. Payments made by cheque may take between 5 to 10 days before clearance, in this occasion goods will be dispatched only once funds are informed to be cleared by our bankers.

No cash payments will be accepted. Payment by money orders will be allowed only if the money order is made out in exact amount of Invoice; payment of one invoice through multiple money orders will not be permitted.

COPYRIGHTS

All designs, graphics, texts and their selection and arrangement on our website, products, product brochure and magazine are the copyrights of Tara Nutraceuticals or its content providers. As a Customer to the Tara Nutraceuticals, you are licensed to copy electronically or to print portions of this for your own personal, non-commercial use. Any other use of materials provided by Tara Nutraceuticals is subject to written approval by Tara Nutraceuticals.

TYPOGRAPHICAL AND PRICING ERRORS

If due to typographic error, price of any product OR service is mentioned incorrectly, we reserve the right to refuse to supply OR cancel any orders placed with us. In case we have received your payment, a refund will be applied immediately to your account from where we have originally received the funds.

FORCE MAJEURE OR MATTERS BEYOND OUR REASONABLE CONTROL

If performance of any of the Tara Nutraceuticals obligations under any Order is prevented or impaired due to Force Majeure, the Tara Nutraceuticals shall have no liability to the Customer, and Tara Nutraceuticals reserves the right to terminate the Order in whole or in part or to postpone the delivery date by a reasonable period. For the purpose of these General Terms and Conditions, “Force Majeure” shall mean circumstances outside the Tara Nutraceuticals reasonable control including, but without limitation, labour disputes, blockade, political unrest, civil commotion, riot, war, accident, natural disasters, exposition, fire, damage by water, wind, climatic conditions or contamination, breakdown or plant, delay by suppliers, shortage of labour, power of materials and government interference. Where Tara Nutraceuticals terminates an Order pursuant to this Condition, we shall refund any payment which the Customer has already made on account of the price (subject to deduction of any amount that Tara Nutraceuticals is entitled to claim from the Customer) but Customer shall not be liable to compensate the Tara Nutraceuticals for any further loss or damages caused by the termination or any failure to deliver Goods arising out of it.

PRODUCT RETURNS AND RECALLS

In the unlikely event of Returns and Recalls, Customer must obtain a valid Return Material Authorization (“RMA”) number from Tara Nutraceuticals for all returns. RMAs will be issued, at Tara Nutraceuticals sole discretion, in accordance with these terms and conditions.

Customer must provide its account number (e-mail address in case of Web Users) and all other information as required by Tara Nutraceuticals for all returns. RMAs are valid for twenty (20) calendar days from date of issuance. Customer must allow for in-transit time for Products to be returned to Tara Nutraceuticals, as Tara Nutraceuticals must physically receive Products within the twenty (20) calendar days.

RMAs will be issued for authorized returns under one of the following categories: (i) defective OR Damaged Products, (ii) Billing or Shipping discrepancies, or (iii) Unwanted Product (Whether due to change of mind OR you may have ordered in error OR you want to cancel your order based on suggestion by your doctor, we will deduct a surcharge from your refund unless you have contacted same day to Tara Nutraceuticals to cancel your order). RMA number should be clearly visible on the address label of the Product packaging when it is returned to Tara Nutraceuticals.

A Return Material Authorization (RMA) form should be filled and must be sent along with returned goods. This form can be downloaded by clicking here.

• Any issues with your order must be reported in writing OR over the phone to our Customer Service Team within 2 working days of receiving the goods in case of defective goods OR Damaged Products. For billing and shipping discrepancies, you must inform us within 24 hours of placing the order.
• All returns must first be authorised by a member of our Customer Services Team, at which time you will be supplied with a Returns Number which must be used at all times.
• Unfortunately, we are unable to offer a refund/exchange/credit for any opened products unless it has any defect.
• It is the customer’s responsibility to arrange for the return of relevant products. No shipping charges will be refunded. We recommend using a recorded delivery service for insurance reasons.
• Refunds will be issued for the cost of the item only, postage costs will not be refunded. Surcharge will be deducted where applicable.
• A Return Material Authorisation (RMA) form should be duly filled and attached to the returned goods.
• A photograph of any damaged goods must be received by our Customer Service Team within 24 hours of receiving the shipment. Only then we will be able to provide you Return Material Authorisation for damaged goods. Release of Credit OR arrangement of reshipment will be done only once original goods are received back to us.
• We must receive the item(s) back within 14 days of receipt in an unopened and re-saleable condition
• Any orders returned to us because we were supplied insufficient address details are subject to a re-delivery charge as mentioned in our delivery terms.
• Nothing in these terms shall affect statutory rights of any consumer.

Product Recall: In-case discrepancy with product quality, Tara Nutraceuticals at its discretion may decide product re-call. A Return Matetial Authorization (“RMA”) number will be issued to the Customer and Customer in liable to return those goods to the Tara Nutraceuticals with 20 calendar days. Customer is legally responsible to return re-called product to Tara Nutraceuticals. Tara Nutraceuticals, on receipt of goods will offset any outstanding payment and shall refund the excess to the Customer as applicable.

ADVERSE REACTIONS

All products manufactured and sold by Tara Nutraceuticals are food grade and identified as fit for human consumption. Tara Nutraceuticals shall report to Customer and Customer to Tara Nutraceuticals throughout the duration of agreement any significant information of which it becomes aware concerning unexpected side effects or unexpected instances of the severity of any side effects, whether associated with pre-marketing and / or post marketing, use studies, investigating tests, or in the normal course of business and whether or not determined to be attributable to the products. Tara Nutraceuticals will promptly notify Customer throughout the duration of this agreement of circumstances which arise whereby the integrity and reputation of the product or of Tara Nutraceuticals is threatened by the unlawful activity of third parties, i.e. deliberate tampering with or contamination of products by third parties as a means of extorting payment from either party. In such circumstances both parties should co-operate fully with each other and undertake all reasonable instructions given by Tara Nutraceuticals to limit any damage.

WARRANTY

Product warranties, if any, are provided by the manufacturer or publisher of the products. Tara Nutraceuticals makes no warranties whatsoever. Tara Nutraceuticals sole obligation (and Purchaser’s sole remedy) in the event of breach of any warranty shall be the replacement of defective products. In no event shall Tara Nutraceuticals be liable for any consequential damages OR damages of any kind OR nature alleged to have resulted from any breach of warranty. Tara Nutraceuticals does not warrant the merchantability of the products. Tara Nutraceuticals makes no warranty, express or implied, other than those specifically set forth herein.

LANGUAGE

In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.

SEVERABILITY

In the unlikely event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.