Terms & Conditions

1. GENERAL

a) This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

b) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://www.sansherbals.com/

c) The domain name https://www.sansherbals.com/ , including its online services, such as use of software on the Website and information, articles, news, blogs, text, graphics, images, and information obtained from service providers and any other material contained on the Website is owned and operated by Sans Herbals .

d) For these Terms of Use (“Terms”), wherever the context so requires:

• ‘You’ or “User” shall mean any legal person or entity accessing or using this Website to avail services provided or registered on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.

• ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Company, as the context so requires.

• ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.

e) The headings of each section in these Terms are only to organize the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

f) The use of the Website by the user is solely governed by these Terms as well as the Privacy Policy (“Policy”), available on the Website and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other, save as provided in Clause 4 hereunder..

g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.

h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website

Important Health Disclaimer: The products, information, and statements provided on this Website by Sans Herbals are intended solely for educational and general wellness purposes. Our products are made from natural, herbal ingredients and are not guaranteed or intended to diagnose, treat, cure, or prevent any medical condition or disease. They should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always consult with a qualified healthcare professional or physician before starting any herbal regimen, especially if you are pregnant, nursing, taking prescription medications, or managing a chronic illness. Individual results may vary, and you use our products at your own risk.

2. OUR SERVICES

Sans Herbals is an online e-commerce platform dedicated to providing premium ayurvedic and herbal products designed to have a deep, positive impact on holistic health. The Company  trade high-quality, sustainable products available in various forms including Syrup, Capsules, Powders, Avleha & Pak, Tablets, oil & ghrit, and many products.

The Website acts as an online B2C platform enabling individuals to browse, select, and purchase products listed at the indicated prices from any location at any time.

3. ELIGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872.

4. TERM & TERMINATION

• Term: These Terms shall continue to form a valid and binding contract between the Parties as long as the User continues to access the Website or until transactions are concluded to the satisfaction of both Parties. Sections relating to Intellectual Property, Indemnity, and Disclaimer of Warranties shall survive indefinitely.

• Termination: The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause.

Whichever is longer? The Parties agree that certain portions of these Terms (“Sections”), such as Sections 13, 14, 16&18 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.

5. FACILITIES RENDERED BY THE WEBSITE

i. Sans Herbals provides customers access to information and purchases pertaining to their choices of Ayurvedic and Herbal Products with dedicated customer assistance.

ii. Users may access or log into their accounts through third-party platform credentials (such as Google) as permitted on the Website.

iii. The color and consistency of the products may change due to natural seasonal variations of the herbal ingredients.

iv. By providing contact information, the User consents to receiving operational and promotional calls, e-mails, and SMS alerts from the Company. To opt out, users can email sansherbals@gmail.com  Requests may take up to 7 business days to process.

6. CHARGES & PAYMENT

• Payments must be made through our integrated payment gateways, Net Banking, Credit Card, Debit Card, UPI, or authorized digital wallets.

• Sans Herbals offers no guarantees for the exact tracking or timeliness of the refunds reaching the User's bank account once processed on our end.

• GST and other statutory taxes shall be charged separately on all components where applicable.

• The Company reserves the right to hold or reclaim payments in cases of suspected abuse, fraud, or violation of this agreement.

7. DUTIES OF THE USER

a. It is the duty of User to provide one’s true/accurate/complete information, and all the details relating thereof on the website. If any Use detail found to be false then Sans Herbals shall reserve the right on its sole discretion to reject the registration and debar the User from using the Services available on its website, without prior intimation whatsoever.

b. The User agrees to comply with all notices or instructions given by Sans Herbals from time to time to enable the use of the Services

c. User shall take care to choose the right product and advised to check the product description carefully so Sans Herbals can deliver the right product.Any and all orders placed by User on the Sans Herbals are a firm commitment to purchase and User are obligated to complete the transaction and not contest it in anyway. By placing an order for a product User agree to be bound by the conditions of sale included in the item’s description.


d. The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the websites services.

e. The User shall promptly make the payment to Sans Herbals towards the goods purchased as and when it becomes payable.

f. The User shall agree not to make any bulk purchase for any re-seller or illegal activities. In such case, Sans Herbals reserves all rights to cancel the current and future orders of the User and block the concerned User account.

g. By using this website the User must aware and agree that in case the listed product with an incorrect price or information due to typographical error or technical error then Sans Herbals shall have the right to refuse or cancel any orders placed for product listed at the incorrect price.

h. User shall indemnify and hold the Company, harmless for any loss or damage arising out of User’s to comply with any applicable laws or regulations and for breach of the following warranties and representations.

i. The User shall at all times during the pendency of this agreement endeavor to protect and promote the interest of the Company and ensure that there will be no damage to third party (client/customer) due to act/ omission on the part of the User.

j . User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.

k. The client will be responsible for maintaining the confidentiality of the account and password for restricting access to your computer to prevent unauthorized access to the account.

l. The client shall be responsible for all activities that occur under client’s account.

m. The client agrees and acknowledges that he/she will use their account on the website to purchase only for their personal use.

a. Further undertakes not to:

i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;

ii. Engage in any activity that interferes with or disrupts access to the Website or the goods provided therein (or the servers and networks which are connected to the Website);

iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;

vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;

vii. Download any file posted/uploaded by another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;

viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other customer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;

ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;

x. Collect or store data about other Users of the Website.

xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);

xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;

xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;

xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;

xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.

xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;

xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

xviii. Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the Company/Website;

xix. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party (ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.

8. DUTIES OF THE COMPANY

• The Company shall ensure it holds all necessary licenses and permits required legally to sell the listed herbal products.

• Shipping & Logistics: To ensure the best experience, Sans Herbals endeavors to ship all products of an order together. However, multi-part shipments may occur to expedite deliveries. Approximate delivery timelines will be provided, but the Company is not liable for delays caused by Force Majeure events (floods, acts of God, transit strikes, etc.).

9. RETURN, CANCELLATION, AND REFUND POLICY

For complaints or grievances, contact customer support from contact us section.

10. INDEMNITY & LIMITATION OF LIABILITY

The User agrees to defend, indemnify, and hold harmless Sans Herbals, its directors, employees, and affiliates against any claims, damages, losses, or legal expenses arising out of the User's breach of these terms, misuse of the website, or violation of third-party intellectual property.

In no event shall Sans Herbals be liable for any special, incidental, indirect, or consequential damages resulting from the use or inability to use the products or platform features.

11. INTELLECTUAL PROPERTY RIGHTS

All logos, trademarks, brand names, designs, text, and graphics developed by or displayed on the Website are the exclusive property of Sans Herbals or its respective creators. No user is granted any license or right to duplicate, replicate, or utilize this intellectual property without express written consent. Unauthorized use will result in immediate legal action.

12. DISCLAIMER OF WARRANTIES

• All products and information on the Website are provided on an "as is" basis without any express or implied warranties of merchantability or fitness for a particular purpose.

• Information and health articles provided on Sans Herbals are presented in summary form for educational purposes and should not replace professional medical advice, diagnosis, or treatment.

13. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes, claims, refunds, or compensation arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

• a) Mediation: In case of any dispute, claim, refund, or compensation request between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below.

• b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under the Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by Sans Herbals. The award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be in Jodhpur, Rajasthan, India.

• c) Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of India. The Parties hereby agree to submit to the exclusive jurisdiction of the competent Courts at Jodhpur, Rajasthan.

14. NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to Sans Herbals by the User reducing the same to writing, and sending it to the registered office of Sans Herbals via Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).

15. MISCELLANEOUS PROVISIONS

• a) Entire Agreement: These Terms, read alongside the Privacy Policy, form the complete and final contract between the User and Sans Herbals with respect to the subject matter hereof, and supersedes all prior communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.

• b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

• c) Severability: If any provision or clause of these Terms is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby. Each such provision or clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions, and commercial expectations of the Parties hereto, as expressed herein.