TERMS AND CONDITIONS :
This Website, namely, Samov Tea, is owned and operated by DBrew Industries Private Limited (hereinafter referred to as “We/Us”). By accessing or using this Website, you agree unconditionally to adhere to and be governed by these Terms and Conditions. Even if you choose to “bookmark” a specific section of this Website and bypass these Terms and Conditions, your continued use of the Website indicates your acceptance of these Terms and Conditions. We reserve the right to revise or amend these Terms and Conditions at any time without prior notice. Therefore, we recommend that you review these Terms and Conditions each time you access or use this Website.
1. ACCOUNT & REGISTRATION OBLIGATIONS
All customers are required to register and log in to place orders on the Website.
It is your responsibility to ensure that your account and registration information remains accurate, up-to-date, and complete for all communications related to your purchases from the Website.
You agree to provide genuine and accurate information whenever it is requested. We reserve the right to verify and validate the details and information you provide at any time. If, upon verification, any details are found to be false or misleading (in whole or in part), we reserve the right, at our sole discretion, to reject your registration and restrict you from using our Services and/or other affiliated Websites without prior notice.
2. PRICING
All products available on the Website will be sold at their Maximum Retail Price (MRP) unless stated otherwise. The prices applicable at the time of placing an order are the prices charged on the date of delivery. While prices of most products remain stable, certain commodities may experience fluctuations. If the prices differ on the date of delivery—whether higher or lower—any additional amount will be collected, or the excess will be refunded at the time of order delivery, as applicable.
3. PRODUCTS
We strive to display the images and colors of our products on the Website as accurately as possible. However, the actual colors you see may vary depending on your monitor settings, and we cannot guarantee precise color accuracy. Images shown on the Website are for illustrative purposes only, and final packaging may differ from what is depicted online.
We reserve the right, but are not obligated, to restrict the sale of our products or Services to any individual, geographic area, or jurisdiction, which may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of products or services we offer. All product descriptions and pricing are subject to change at any time without prior notice, at our sole discretion.
Additionally, we reserve the right to discontinue any product at any time. Any offer made on this Website for any product or service is void where prohibited.
4. REPRESENTATIONS & WARRANTIES
All products listed on the Website will be sold at their Maximum Retail Price (MRP) unless specified otherwise. The prices applicable at the time of placing an order are the prices charged on the date of delivery. While the prices of most products remain consistent, certain commodities may experience fluctuations. If the prices differ on the date of delivery—whether higher or lower—any additional charges will be collected, or excess amounts will be refunded at the time of delivery, as applicable.
You hereby represent and warrant that:
a. You are of legal age and possess the capacity to use this Website in accordance with all applicable terms and conditions, and to enter into legally binding agreements related to your use of this Website and the services offered herein.
b. You are legally and financially responsible for all activities carried out under your username and password, whether such actions are expressly authorized by you or not.
c. In the event of a non-delivery due to errors or inaccuracies in the details provided by you (such as incorrect name, address, or other information), re-delivery will not be accommodated.
d. You will utilize the services provided by the Website, including those of its affiliates, consultants, and contracted partners, solely for lawful purposes and in compliance with all applicable laws and regulations while using and transacting on the Website.
e. You are accessing the services available on this Website and engaging in transactions at your own risk, exercising due diligence and prudence before proceeding with any transaction.
f. The delivery address you provide for the products you order will be accurate and complete in all respects.
g. Before placing an order, you will thoroughly review the product description. By placing an order, you agree to adhere to the terms of sale included in the product’s description.
You agree and promise that:
a. You will not impersonate or attempt to impersonate us, our employees, other users, or any other individual or entity.
b. You will not engage in activities that may disable, overburden, damage, or interfere with the proper functioning of the Website or hinder any individual's use of the Website.
c. You will not use automated systems, including but not limited to robots, spiders, or any other programs, devices, or processes, to access the Website for any unlawful purpose or in violation of this Policy.
d. You will not introduce or attempt to introduce harmful software, such as viruses, trojans, worms, logic bombs, rootkits, or any other malicious or technologically harmful material.
e. You will not attempt to access data or files on the Website that you are not explicitly authorized to access.
f. You will not co-brand, frame, or hyperlink to the Website without obtaining prior written permission from an authorized representative of our company.
5. PROHIBITED USES
You are strictly prohibited from using the Website for any of the following purposes:
Distributing any content that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable.
Transmitting material that promotes behavior constituting a criminal offense, leads to civil liability, or violates any applicable laws, regulations, or established codes of practice.
Attempting to gain unauthorized access to other computer systems or networks.
Interfering with or disrupting another person's use or enjoyment of the Website.
Violating any applicable laws or regulations.
Disrupting or interfering with networks or websites connected to the Website.
Creating, transmitting, or storing electronic copies of copyrighted materials without the explicit permission of the copyright owner.
6. MODIFICATION OF TERMS & CONDITIONS OF SERVICE
We reserve the right to modify these Terms & Conditions of Use for the Website at any time, without prior notice to you. The most recent version of these Terms & Conditions will always be accessible on the Website. It is your responsibility to regularly review the Terms & Conditions to stay informed of any changes. If the revised Terms & Conditions are not acceptable to you, you should discontinue using the Services. However, continued use of the Services will be considered as your acceptance of and agreement to abide by the updated Terms & Conditions of this Website.
7. RELIANCE ON INFORMATION
The information provided on or through the Website is intended solely for general informational purposes. The content presented is subjective, reflecting opinions, and we make no representations or warranties regarding its quality or accuracy. We do not guarantee the completeness, accuracy, or usefulness of the information available on the Website. The advice, strategies, and content presented may not be appropriate for all situations, and errors or omissions may exist within the Website or its content.
We do not provide professional services, and if expert advice or professional assistance is required, the services of a qualified professional should be sought. Any reliance you place on the information presented is entirely at your own risk, and we shall not be liable for any loss or damages resulting from such reliance.
The Website may contain content provided by third parties, including materials from other users and third-party licensors. We are not responsible or liable to you or any third party for the accuracy, quality, or content of materials provided by third parties.
8. PRIVACY
All information collected on the Website is governed by our Privacy Policy. By accessing or using the Website, you agree to all actions taken by us concerning your information, in accordance with the terms outlined in our Privacy Policy.
9. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that you do not hold any intellectual property rights over the text, programs, products, processes, technology, content, and other materials displayed on this Website, which is operated and managed by us. Accessing this Website does not grant or imply the granting of any license under our intellectual property rights or those of any third party.
Any use of this Website or its content, including copying, storing, or reproducing it in whole or in part, other than for personal, non-commercial purposes, is strictly prohibited without our express permission. The content and software available on this Website may only be used as a shopping resource.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit any part of the content, the Website, or related software in any way, except as specifically permitted. All software utilized on this Website is managed by us and is protected by Indian and international copyright laws.
No license to use any trademarks, logos, or names associated with this Website is granted by accessing the Website. Accessing this Website does not authorize you to use any names, logos, or marks in any manner without prior written permission.
10. THIRD-PARTY LINKS
Any references on this Website to third-party names, trademarks, products, or services, as well as hyperlinks to third-party websites or information, are provided solely for your convenience. Such references or links do not imply our endorsement, sponsorship, or recommendation of the third party, their information, products, or services.
We are not responsible for the content of any third-party websites and make no representations regarding the accuracy, reliability, or appropriateness of materials found on such sites. If you choose to access or link to any third-party websites, you do so entirely at your own risk.
11.REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions (collectively referred to as "Comments") disclosed, submitted, or offered to the Website through this Website or otherwise in connection with your use of the Website shall become our exclusive property. Such submission or disclosure of Comments constitutes a complete assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual property associated with the Comments.
As the sole owner of these rights, we are entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose, whether commercial or otherwise, without restriction and without providing you with any compensation.
We are under no obligation to: (1) keep any Comments confidential; (2) provide you with compensation for any Comments; or (3) respond to any Comments.
By submitting Comments to the Website, you confirm that your submissions do not violate this policy or infringe upon the rights of any third party, including but not limited to copyrights, trademarks, privacy, or other personal or proprietary rights. You also agree that your Comments will not cause harm or injury to any person or entity.
Additionally, you agree that your Comments will not contain content that is defamatory, unlawful, threatening, abusive, obscene, or otherwise objectionable. Your submissions must not include software viruses, political campaigning, commercial solicitations, chain letters, mass mailings, or any other form of "spam."
We do not routinely review the Comments posted on the Website; however, we reserve the right (but not the obligation) to monitor, edit, or remove any Comments submitted. You grant us the right to use the name you provide in association with any Comments.
You agree not to use a false email address, impersonate any individual or entity, or otherwise mislead us or others regarding the origin of any Comments you submit. You acknowledge that you are solely responsible for the content of any Comments you make, and you agree to indemnify us and our affiliates from all claims arising from any Comments you submit.
We and our affiliates assume no responsibility and accept no liability for any Comments submitted by you or any third party.
12. OBJECTIONABLE MATERIAL
By using this Website or any services provided through the Website, you acknowledge that you may encounter content that some individuals may find offensive, indecent, or objectionable. Such content may or may not be explicitly identified as offensive or inappropriate.
You agree to use the Website and its services entirely at your own risk. To the fullest extent permitted by applicable law, we and our affiliates shall not be held liable for any content that you may consider offensive, indecent, or objectionable.
13. DISCLAIMER
The information provided on this Website is included in good faith and is intended solely for general informational purposes. It should not be relied upon for any specific purpose, and no representations or warranties are made regarding its accuracy or completeness.
We make no warranties or representations of any kind, whether express or implied, concerning the operation of the Website or the information, content, materials, or products available on this Website. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
By using this Website, you acknowledge that your use of the site is entirely at your own risk. This disclaimer forms an integral part of these Terms of Use.
14. LIMITATION OF LIABILITY
To the fullest extent permitted by law, we, along with our managers, members, licensors, employees, agents, officers, and directors, shall not be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind. This includes, without limitation, damages resulting from loss of use, loss of data, or loss of profits, whether or not we have been advised of the possibility of such damages, and regardless of the theory of liability.
Any claims arising out of or related to your use of the Website or any websites referenced or linked to from our Website are solely your responsibility. You agree to be responsible for all claims and damages resulting from your misuse of the Website.
INDEMNITY
You agree to defend, indemnify, and hold harmless us, along with our employees, directors, officers, agents, and their successors and assigns, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, arising from or related to your actions or inactions.
This includes, but is not limited to, claims resulting from your breach of any warranties, representations, or commitments, failure to fulfill your obligations under these Terms of Use, or violation of any applicable laws or regulations. Such claims may involve, but are not limited to, intellectual property rights violations, non-payment of statutory dues and taxes, libel, defamation, infringement of privacy or publicity rights, disruption of service for other users, or infringement of intellectual property or other legal rights.
This indemnity clause shall survive the expiration or termination of these Terms of Use.
ACKNOWLEDGMENT
You acknowledge that the disclaimers and limitations of liability outlined in these Terms of Use are essential components of the agreement between you and us. You agree that we would not be able to provide our products and services on their current basis without such limitations.
This clause shall remain effective and continue to apply even after the termination of these Terms of Use.
TERMINATION
These Terms of Use shall remain in effect unless and until terminated by either you or us. You may terminate these Terms of Use at any time by discontinuing your use of the Website.
We reserve the right to terminate these Terms of Use at any time, with immediate effect and without prior notice, thereby denying you access to the Website. Such termination will be carried out without any liability on our part.
Upon termination of these Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Website, including all copies of such materials, whether made under these Terms of Use or otherwise.
Our rights to any Comments you have submitted shall survive the termination of these Terms of Use. Termination of these Terms of Use does not relieve you of your obligation to pay for any products already ordered from the Website or affect any liability that may have arisen under these Terms of Use.
FORCE MAJEURE
We shall not be held liable for any damages resulting from any failure or delay in fulfilling our obligations under these Terms of Use or concerning any product or service, if such failure or delay is caused by circumstances beyond our reasonable control.
This includes, but is not limited to, natural disasters such as fire, flood, earthquake, hurricanes, or other calamities; pandemics or epidemics; acts of war; strikes; lock-outs; riots; civil disturbances; embargoes; or any other actions or omissions by governmental authorities or acts of God.
GRIEVANCE REDRESSAL MECHANISM
For any grievances or concerns, please reach out to our customer service through the following:
Phone Number: 7002310952 (Available from 9 am to 6 pm)
Email: support@samovtea.com
All grievances or concerns will be acknowledged within 48 hours of receipt.
We aim to resolve all grievances or concerns within one month from the date of receipt of the complaint.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed and interpreted in accordance with the applicable laws of India. The courts located in New Delhi shall have exclusive jurisdiction over any legal proceedings arising out of or related to this agreement.
Any dispute or disagreement, whether related to the interpretation or otherwise, of any terms of this User Agreement between the parties, shall be referred to an independent arbitrator appointed by DBrew Industries Private Limited. The decision of the arbitrator shall be final and binding on all parties involved.
The arbitration process shall comply with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. Arbitration shall take place in Dibrugarh. The High Court of Judicature at Guwahati shall have exclusive jurisdiction, and the laws of India shall apply.
SEVERABILITY
If any provision of these Terms of Use is determined by any governmental, administrative, or judicial authority to be invalid or unenforceable, the remaining provisions of these Terms of Use shall remain unaffected and continue to be in full force and effect.
The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely achieves the intended purpose of the original provision.
RELATIONSHIP BETWEEN THE PARTIES
Nothing in these Terms of Use or your use of this Website shall be construed as creating any joint venture, partnership, employment, or agency relationship between you and us.
ENTIRE AGREEMENT
These Terms of Use represent the complete and exclusive agreement between the parties concerning its subject matter and override all prior agreements, understandings, or communications, whether oral or written, related to the subject matter.
