Terms and Conditions
Nilgiris Food stuff Trading enterprises L.L.C as Nilgiris, or any subsidiaries and affiliates thereto of the Nilgiris Online Store (collectively “Nilgiris” “we”, “our”, “us”) maintains this website (the “Website”) and mobile application (collectively ‘Platform’). This includes all the Platform’s information, communication, software, scripting, photos, texts, videos, graphics, music, sounds, images, other materials and services (collectively ‘Content’). Our Content is provided as a form of convenience for its online visitors, customers, employees and the public (collectively “user”, “users”, “you”, “your”, “yours”)
ACCEPTANCE OF CONTRACT TERMS: JURISDICTION
In exchange for accessing, browsing and/or using the Website, you agree to be bound by these terms and to comply with all Applicable laws and regulations, including without limitation UAE Federal Law No. 40 of 1992 concerning the Protection of the Intellectual Work and Rights of the Author and the Implementing Regulations thereof. The Website can only be used by persons who can form legally binding contracts under Applicable law.Nilgiris reserves the right to terminate your registration and refuse to provide you with access to the Website if Nilgiris Foodstuff Trading LLC discovers that you are incompetent to contract under Applicable laws. The Website cannot be accessed by persons whose registration has been suspended or terminated by Nilgiris for any reason whatsoever. Those who choose to access this Website from outside the United Arab Emirates are responsible for compliance with local laws if and to the extent local laws are applicable.
ACCOUNTS AND ORDERS
In order to make purchases or use some of the services or features on the Website you will be required to create an account or otherwise provide information about yourself that is true, accurate, current and complete in all respects including your name, address, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct.
In order to make purchases on the Website you will also need to have been issued a valid credit/debit card by a bank acceptable to us and have authorized us to process a charge or charges on your credit/debit card in the amount of the total purchase price of the products you purchase. Products purchased by you must not be re-sold for or used for commercial purposes. Further, we reserve the right to restrict multiple quantities of products from being shipped to one customer or postal address.
When placing an order through our Website, you must follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us through the Website. All orders are subject to acceptance and availability and any products in your online shopping bag are not reserved any may be purchased by other customers until your order is complete and accepted by us.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE
The Website is controlled and operated in whole or in part by Nilgiris from its offices within the UAE. By accessing the Website you agree that the laws and regulations of the UAE and the Emirate of Dubai without regard to conflicts of laws principles, will apply to all matters relating to use of the Website, and you agree that any litigation shall be subject to the exclusive jurisdiction of the Courts of Dubai, UAE. Those who access the Website from other locations do so at their own risk and are responsible for compliance with applicable local laws. Nilgiris makes no representations as to the appropriateness or availability of the Website Content for use in any jurisdiction. Nilgiris disclaims any liability in relation to its Content and reserves the right to amend or remove any Content that it may deem at its sole discretion as being contrary to local norms, culture, morality or violates any prevailing rules or regulations and to suspend or terminate your use of the Website if it deems appropriate. In using the Website, the confidentiality of your account details including password is solely your responsibility. Nilgiris shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
COPYRIGHT AND RESTRICTIONS ON USE OF CONTENT
The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information (“User Content”) on or through this Website by e-mail or telephone, or as is otherwise authorized. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant Nilgiris a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and license to use such User Content however Nilgiris desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any rights in such User Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or cause ill-repute to Nilgiris or be contrary to law.
Nilgiris does not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website. You grant Nilgiris the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify Nilgiris and its affiliates for all claims resulting from any User Content you submit. Nilgiris and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
PRICING AND LIMITATION ON SCOPE OF CONTENT
The Website contains information and promotional programs. The products described in this Website contain market specific specifications and are offered for sale in that particular market. The promotional programs if any described in this site are available only in the markets where they are conducted as specifically referred to within the description of the program.
The price information contained in or provided through the Website is for information purposes only and does not constitute any offer to sell the products concerned. Your official order via the website shall constitute an offer, which shall remain subject to the acceptance of Nilgiris. Prices and availability are subject to change without prior notice. For certain distributor’s products, the actual prices and terms and conditions of sale will be determined by the authorized distributor of the Products concerned.
Nilgiris reserves the right, at its sole discretion, to limit the quantity of products purchased per person per household or per order. These restrictions may be applicable to orders placed by same registered account, the same credit card or orders that use the same billing and/or shipping address.
CONTRACT TERMS AND PAYMENT
All products/services and information displayed on this site or any Nilgiris websites, constitute an “invitation to offer”. Our “acceptance” of your order will take place upon dispatch of the product(s) ordered for home delivery orders or after you pick up the product(s) for Click & Collect orders. We strive to ensure the accuracy of the product and pricing information within the website, however there may be pricing or typographical errors. In such an event where a product is listed at an incorrect price or with incorrect information, Nilgiris has the right, at our sole discretion, to refuse or cancel any orders placed for that product up until dispatch for any reason. You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. In the event that a non-delivery occurs on account of wrong name or address or any other wrong information entered by you, the extra cost incurred for redelivery shall be claimed from you.
By making an offer to purchase products, you expressly authorize us, when deemed necessary, to perform credit checks and transmit or obtain your credit card information to or from third parties to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions. Payment for products can be made via the payment methods specified on the Website from time to time.
When using a credit card supplied by banks other than those in that local market, the amount on the credit card (or debit card) bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited and you agree that we shall have no liability for such price fluctuations or charges. .
In the event of Value Added Tax (VAT) being levied or introduced by government authorities in a jurisdiction where products are sold or where Nilgiris is incorporated and/or a tax resident, Nilgiris reserves the right to charge VAT at the prevailing VAT rate (as applicable) in respect of any supply of products or services . You shall pay the amount of any such VAT as an addition to the invoice value.
TRADEMARKS AND SERVICES MARKS
Nilgiris and other trademarks, such as those of brands, products and service names found on the Website (collectively the ‘Trademarks’) are owned by Nilgiris, its associate companies, suppliers, business associates or third parties and registered in the UAE and/or elsewhere or unregistered. Nothing on the Website should be construed as granting, by implication, estoppal, or otherwise, any license or right to use any Trademarks displayed on the Website without the express written permission of the relevant Trademark owner. The Trademarks may not be used in any way, including in advertising or publicity pertaining to the Products or the Website, without the prior written permission of Nilgiris.
PRIVACY, SUBMISSION AND COLLECTION OF INFORMATION
There are instances where Nilgiris requests personally identifiable “information” from the Website users to provide them with a service or correspondence (promotions and mailed brochures). This information, such as name, mailing address, e-mail address, type of request and possibly additional information, is collected and stored in a manner appropriate to the nature of the data by Nilgiris and is used to fulfil your request. Although Nilgiris makes every effort to ensure the secure collection and transmission of sensitive user information using industry accepted data collection and encryption methodologies, Nilgiris does not guarantee the security of any information transmitted to or from the Website or data gathered from the usage of the Website. The information you provide and the data gathered is used by Nilgiris to improve the services we provide you. You hereby grant Nilgiris an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute any information you send, and agree that Nilgiris is free to use any ideas, concepts, know-how or techniques that you send Nilgiris for any purpose.
The “Information” will be dealt in accordance with our Privacy & Security Policy. Please go through our Privacy & Security Policy available on the Website.
You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You agree (i) not to use the Website to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt the Website or any networks connected to the Website; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Website or any transactions being offered at the Website; (iv) not to use the Website to collect or export personal information, including, without limitation, financial information, about other participants at the Website; (v) not to use the services, products associated with the Website for illegal purposes, and (vi) to comply with all regulations, policies and procedures or networks connected to the Website.
Effective 1 Jan, 2018, the UAE Government has introduced Value Added Tax (VAT) at a standard rate of 5%. Nilgiris complies with this mandate and VAT is applicable to most goods and services, including our delivery, installation and warranty charges. All prices and services on the website are inclusive of VAT. For all orders, customers are provided with tax invoices. Customers can also request for their tax invoice by calling Customer Support. For more information on the VAT regulation, you can visit the UAE Government Federal Tax Authority website: https://www.tax.gov.ae