Below are our standard terms and conditions of business.
1. THE CONTRACT
- For the purposes of this contract hereafter “Nutilicious” (under the parent holding company – KL Imports) shall be described as the “Supplier” and the entity placing an order shall be described as the “Customer”.
- There can be no variance to these Terms and Conditions of Business (the Contract) whatsoever unless by written documentation and signed by an authorised signatory of the Supplier.
- The placing of an order by a Customer shall be deemed acceptance of these Terms in their entirety. Any verbal orders will be bound by these Terms.
2. THE ORDER
- The Customer shall at the time of placing a commercial / corporate order provide the Supplier with details of any special product requirements. This may include but shall not be limited to, quantity, quality and description of produce grade.
- Should the Customer order a product which is requested to their own specific requirements and subsequently cancelled by the Customer the Supplier reserves the right to charge as if the order has been fulfilled in its entirety, (refer to section 8).
- Prices are those applicable at the time of order placement, (price list available on request), and are subject to change without prior notification. All prices quoted are inclusion of GST, which will be charged at the prevailing rate.
- The cost of carriage, (unless otherwise agreed), is included within the sale price of the product. This applies to Delhi - NCR destinations only for standard deliveries.
4. TERMS OF PAYMENT
- The Supplier requires payment online for all individual / household / family packs / Gifting range – orders placed online. We have COD option for "over the phone" and "online orders" for Delhi - NCR only. For commercial / corporate orders, placed upon request, payments to be paid with 7 working days of the invoice date. These payment terms shall apply at all times unless amended, (in writing), by the Supplier.
- All remittances received will be allocated to invoices and credited to the Customer's account in chronological order.
- All amounts overdue on commercial orders for payment shall, at the Suppliers discretion, bear interest at the rate of 2% per month, compounded, for the period from the date of invoice to the date of settlement. In addition all costs of recovery shall be borne by the Customer.
- Should, at any time, the Supplier consider that the Customer be unable to settle their account by the due date, notwithstanding any other remedies, they reserve the right to demand immediate and full payment. In addition, the Supplier reserves the right to uplift goods supplied to mitigate amounts due to it and shall assess such goods and credit such values, as it deems reasonable.
5. TITLE AND RISK
- Risk and therefore responsibility for insurance of all items supplied shall pass to the Customer upon delivery within India.
- Title of goods supplied by the Supplier on Family packs / Gifting range does not pass until all outstanding amounts due to the Supplier, for any reasons whatsoever, have been settled in full, including any penalties for late payment accruing under these Terms or as varied by Government Legislation. No goods are supplied on a “sale or return” basis unless damaged.
- Where applicable goods supplied shall be clearly marked by the Supplier to include description of goods, expiry date and storage instructions. Upon delivery it is the responsibility of the Customer to ensure that all items are stored in a suitable environment and at the correct temperature. All goods must be rotated in date order.
- The Supplier warrants that all goods supplied are to the best of their knowledge of merchantable quality and comply with all current legislation regarding the production process. Should a product be the subject of a recall then only that specific product code will be accepted and dealt with as described in clause 6.3
- It is incumbent upon the Customer to inspect all goods supplied upon delivery. The Customer must notify the Supplier of incorrectly supplied or damaged items within 24 hours of delivery, (Time is of the essence in this clause) to be eligible for a refund.
- Should the Supplier accept the validity of any claim regarding the quality of goods supplied, liability shall be limited to replacement or the invoiced value of such items. The method of settlement of any claim is at the discretion of the Supplier. No third party claims will be entertained, as it is the responsibility of the Customer upon delivery of goods to ensure that they are used correctly for the purpose for which they are supplied. 6.4 All goods are supplied subject to availability.
- All goods are supplied subject to availability.
- The Supplier, at all times, reserves the right, notwithstanding any other remedies available to them, to refuse to supply and/or suspend further deliveries and/or stop goods in transit or fulfil any other obligations of this contract without having to give a reason, whether or not the Customer fails to fulfil any of its obligations under this contract.
- In the event of insolvency, liquidation receivership or bankruptcy or the Supplier having good reason to believe any of the aforementioned may apply, notwithstanding any other remedies available to the Supplier, clause 5.2 of this contract applies.
- The Supplier shall not be liable for any non-performance whatsoever in whole or in part of its obligations as inferred under the Terms of this contract for any reason or cause beyond its control. Such reasons shall include, (but not inclusively), strikes, lockouts, disruption of power, transport, Importing embarkation laws, low international supply, bad crop news from growers or internal restructuring.
- The Supplier accepts no liability whatsoever for goods prepared to a Customers specification (unless due to a preparation fault) and invoices raised for such goods will be due for payment as detailed in Clause 4.
- The Customer for all commercial / Corporate / Family packs may cancel an order within 24 hours of placing the order, (unless packaging or product has been ordered specially for Customer), without penalty. Such notice must be given in writing by the Customer and acknowledged in writing by the Supplier. A Customers written notice of cancellation received within 24 hours of placing the order, may be acceptable without penalty at the Suppliers discretion. However a penalty charge of up to 100% of the order value may, at the Suppliers discretion, be applied post delivery date. Email communication is duly accepted.
- All dates and times given by the Supplier for delivery are estimated. The Supplier shall not be liable for any losses whatsoever as a result of a failure to adhere to any such dates and times.
- The Supplier shall be entitled to make partial deliveries, invoice for goods delivered and require payment in accordance with section 4, (Terms of Payment) above.
- Unless the Customer notifies The Supplier of alternative delivery arrangements, all goods will be despatched to the customers invoice address. Failure on the part of the Customer to notify the Supplier of the correct delivery address will result in all associated delivery costs being passed on to the Customer.
- Details of damage and short delivery must be notified to the Supplier as per paragraph 6.2 .The Supplier shall not be held liable for any consequential loss. Notification of such claims must be in writing.
- All orders are accepted on the basis that actual delivery amounts may vary by plus or minus 5%. Invoices will be rendered in line with the quantities produced and delivered.
- Due to the perishable nature of the goods being supplied the Customer is beholden to accept delivery of goods when the Supplier is in a position to fulfil the order. Where re-delivery is required, the Supplier reserves the right to pass any additional charges to the Customer.
- In the event that a delivery is made at an agreed date and time but off loading is prevented by the Customer for an unreasonable period, the Supplier, (or their representative) may at their discretion withdraw the vehicle and impose a charge equivalent to the transport cost incurred.
10. DATA PROTECTION
- The Supplier hereby gives notice in the course of processing an application by the Corporate / Commercial Customer for a credit facility that it may undertake credit vetting procedures which may include the use of internal protocols and other information based on customer relationship.
- The Supplier deems that permission for such credit vetting procedures has been granted by the Customer, either upon the receipt by the Supplier of a form applying for a credit facility or by any order placed by a customer.
- This agreement is governed by the Laws of India.
Nutilicious respect your privacy and we aim to keep you informed about how we gather and use your information. This Cookies Notice sets out what you need to know about the cookies and similar technologies that we use and why we use them. You should also read our Privacy Notice to find out what we do with the information we gather from this website.
Any changes to this Notice will be posted here. We reserve the right to vary this Notice from time to time and such changes are effective as soon as they are posted. Your continued use of the website constitutes your agreement to all such changes.
If you do not accept the use of these cookies, please disable them following the instructions in this Cookie Notice.
Websites use various types of cookies to fulfill many functions. Depending on the function they need to achieve, cookies may be temporary; staying on your device only for the duration of your browsing session (session cookies) or permanently placed on your device memory (persistent cookies) to remember your preferences. Cookies may be placed by the operators of the website you are visiting or by other operators setting cookies through that website (third party cookies). As such, any cookie we use will fit into one of the following categories:
1) Strictly Necessary Cookies
These cookies are essential in order to allow you to move around the website safely and use all its features. For example, without these cookies you would not be able to use the shopping basket function, pay for your goods using e-billing or access secure areas of the website. Nutilicious uses these cookies to enable the services on our website that you have specifically requested. Generally, these cookies will only stay on your browser for the length of your browsing session and once you close your browser, the cookies will be deleted. This category of cookies should not be disabled. If you use your browser settings to block these strictly necessary cookies, we cannot guarantee your security or predict how our website will perform during your visit.
2) Performance Cookies
These cookies collect general information about how our website is used in order to generate usage reports that allow us to improve the user experience and the quality of our site and service. Such analysis is conducted by other operators so these are considered as third party cookies. In particular, we use Google Analytics to measure the effectiveness of our advertising and determine how visitors use this website. They collect aggregated user location and IP address information. These cookies will often be placed permanently on your browser's memory, unless you choose to delete them.
3) Functionality Cookies
These cookies allow us to offer you a customized browsing experience. They capture information such as the pages you have browsed or products you have viewed so that we can provide you with a great shopping experience. Functionality cookies allow websites to remember visitor choices and preferences. This means that a website can automatically set user selections like language, location, text size and user names and provide functions that a visitor requests such as watching videos and posting comments. The information gathered by functionality cookies may be anonymized and will not be linked to information about how visitors use other websites.
4) Advertising Cookies and Third-party Advertising Cookies
The display advertising you may see on our website is served by a third party contracted by us. The advertising may be generic to the website or may be tailored to deliver advertising you might be interested in, based on advertising cookies. Such cookies may hold information about other websites visited by your browser and device, but not personal information about you.
How to manage cookies through your browser settings
You can manage cookies through your web browser settings and/or by contacting the third parties below. If you continue to use our website without changing your settings, then you consent to our placing the categories of cookies we have listed above on your browser. If you decide to change your settings and disable cookies, you may not be able to take full advantage of all our website features. For example, if you turn off strictly necessary cookies or refuse them, you will not be able to make purchases on the website.
The following external links will explain you how to manage cookies for the most common browsers:
The following external links will explain you how to manage cookies for the most common browsers:
Cookie Settings in Internet Explorer
Cookie Settings in Google Chrome
Cookie Settings in Firefox
Cookie Settings in Safari
For more information on how to set your cookie preferences using your web browser, please see: www.allaboutcookies.org
If you want to opt out of our use of Google Analytics please click here.
If you have any questions or comments about this Cookies Notice or about our Privacy Notice, please contact us as indicated below:
41/5 Katra Ishwar Bhawan
Khari Baoli, Delhi - 110006
Information We Collect by Automated Means
We obtain certain information by automated means when you visit our website, such as the IP address of the device you use to connect to the Internet and the pages accessed. By collecting this information, we learn how to best tailor our website to our visitors and understand what products and services you might prefer. We collect this information through various means, such as "cookies" and "web beacons."