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 TERMS AND CONDITIONS 

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  1. Aurivae is engaged in the sourcing, processing, packaging, marketing and/or supply of freeze-dried fruits, fruit powders and related food ingredients and products.
  2. Our products may be offered for retail, food-service, commercial, industrial, manufacturing, bakery, café, hospitality and other business applications.
  3. Certain products may be available only for business-to-business (“B2B”) customers or subject to minimum order quantities, commercial terms or other conditions.
  4. Product photographs are for representation purposes and actual products may vary slightly in colour, shape, size, texture or appearance.
  5. Natural agricultural products may exhibit normal variations in colour, size, taste, aroma and texture depending on the crop, variety, season and raw material.
  6. Freeze-dried products may naturally vary in structure and appearance because of differences in the raw material and processing conditions.
  7. Product specifications may be updated from time to time without prior notice.
  8. Website/catalogue information does not constitute a guarantee of suitability for a particular application unless expressly confirmed by Aurivae in writing.
  9. Customers are responsible for evaluating the suitability of the product for their intended application, formulation, processing conditions and finished product.
  10. Where applicable, customers should conduct their own product trials before commercial production.

  11. Pricing
  12. All prices displayed on the website or catalogue are subject to change without prior notice unless specifically confirmed in a written quotation, Proforma Invoice or order confirmation.
  13. Unless expressly stated otherwise:
  14. Prices are exclusive of applicable GST and other statutory taxes.
  15. Shipping, freight, insurance and other delivery-related charges may be charged separately.
  16. All prices displayed on the website or catalogue are subject to change without prior notice unless specifically confirmed in a written quotation, Proforma Invoice or order confirmation.
  17. Unless expressly stated otherwise:
  18. Prices are exclusive of applicable GST and other statutory taxes.
  19. Shipping, freight, insurance and other delivery-related charges may be charged separately.
  20. Quotations and Price Validity
  21. Quotations issued by Aurivae shall remain valid for the period specifically mentioned in the quotation.
  22. If no validity period is specified, the quotation may be subject to revision based on raw-material prices, availability, packaging costs, taxes, freight or other commercial factors.
  23. A quotation becomes commercially binding only after acceptance by Aurivae and completion of any applicable payment or other conditions stated in the quotation.

 Order Confirmation

An enquiry, product selection, quotation request or shopping-cart submission does not by itself constitute acceptance of an order.

An order shall be considered confirmed only after Aurivae has:

  1. Accepted the order;
  2. Confirmed product availability and commercial terms; and
  3. Received the required payment or other agreed confirmation.

Aurivae reserves the right to decline or cancel an order where a product is unavailable, incorrectly priced, discontinued, subject to regulatory restrictions, or where the transaction cannot reasonably be fulfilled.

 Payment Terms

Unless otherwise agreed in writing:

  • Orders require 100% advance payment before processing and dispatch.
  • Payment must be made through the payment method communicated or approved by Aurivae.
  • Orders involving customised products, private labelling or special processing may require additional payment conditions.
  • Bank charges, payment gateway charges or other transaction charges, where applicable, may be borne by the customer.

For approved B2B credit customers, payment terms shall be governed by the specific written agreement or invoice issued to the customer.

Delivery and Dispatch

Aurivae will make reasonable efforts to dispatch orders within the estimated timeline communicated to the customer.

Delivery timelines are indicative unless a specific delivery commitment has been expressly confirmed in writing.

Aurivae shall not be responsible for delays arising from circumstances outside its reasonable control, including:

  • Transporter delays;
  • Courier delays;
  • Natural disasters;
  • Severe weather;
  • Government restrictions;
  • Strikes or labour disruptions;
  • Road closures;
  • Regulatory restrictions;
  • Supply-chain disruptions; or
  • Other events beyond Aurivae's reasonable control.

Delivery timelines may also vary depending on product availability, order quantity, customisation and destination.

Inspection on Delivery

Customers are requested to inspect the shipment immediately upon delivery.

Any visible damage to the outer packaging, leakage, shortage, incorrect product or apparent transit damage should be reported to Aurivae as soon as reasonably possible and preferably within 24 hours of delivery, along with photographs/videos of:

  • The outer package;
  • Shipping label;
  • Product packaging;
  • Damaged product, where applicable; and
  • Other relevant evidence.

Failure to report visible transit damage within a reasonable period may make it difficult for Aurivae to raise a claim with the logistics provider.

Nothing in this clause shall exclude or restrict any rights or remedies that cannot lawfully be excluded under applicable Indian law.

Returns, Replacement and Refunds

Because food products are subject to food-safety, hygiene and traceability requirements, products that have been correctly supplied and delivered are generally not eligible for return merely because the customer has changed their mind, ordered incorrectly or no longer requires the product.

However, where applicable law provides a mandatory consumer remedy, nothing in these Terms is intended to exclude that remedy.

Where Aurivae determines that a product was incorrectly supplied, materially damaged before delivery, or has a verified quality issue attributable to Aurivae, Aurivae may, at its discretion and subject to applicable law:

  • Replace the affected product;
  • Issue a credit note;
  • Provide a refund; or
  • Offer another appropriate resolution.

Products must not be returned without prior written approval from Aurivae.

Quality Complaints

Any quality complaint should be communicated promptly after receipt of the product.

The customer may be required to provide:

  • Batch/Lot number;
  • Invoice/order number;
  • Photographs or videos;
  • Description of the issue;
  • Storage conditions;
  • Date of opening;
  • Remaining product/sample, where required; and
  • Other information reasonably necessary for investigation.

Aurivae may investigate the complaint through internal quality records, retained samples, batch records or third-party laboratory testing where appropriate.

A quality complaint does not automatically entitle the customer to a refund or replacement until the complaint has been reasonably assessed.

Storage and Handling

The customer is responsible for storing and handling products in accordance with the storage instructions provided on the product packaging, product specification or accompanying documentation.

Freeze-dried products are highly sensitive to moisture after opening. Customers should ensure that packaging is properly resealed after opening and that the product is protected from moisture, heat, contamination and unsuitable storage conditions.

Aurivae shall not be responsible for deterioration caused by improper storage, handling, repacking, contamination, exposure to moisture, excessive heat or other conditions occurring after delivery.

Shelf Life and Best Before

Shelf life and “Best Before” information shall be provided on the applicable product packaging or accompanying documentation, where required.

The Best Before date is applicable subject to the prescribed storage conditions.

Once a product has been opened, its remaining usable life may depend on handling, moisture exposure, storage conditions and frequency of opening.

Customers should follow the storage instructions provided with the product.

Food Safety and Regulatory Compliance

Aurivae shall manufacture, process, package, store and/or supply products in accordance with applicable food-safety and regulatory requirements applicable to its operations.

Product labels and applicable food information shall be provided in accordance with applicable requirements.

FSSAI's current Labelling and Display framework contains requirements for pre-packaged food and non-retail food containers, including information such as product name, net quantity, FSSAI details, date marking and lot information, with certain information required in accompanying documents for non-retail products.

Customers must not alter, obscure, remove or misrepresent legally required product information supplied by Aurivae.

Intended Use and Customer Responsibility

Unless expressly agreed otherwise in writing, Aurivae products are supplied as food products or food ingredients and are not represented as medicines, medical treatments or products intended to diagnose, treat, cure or prevent any disease.

Customers are responsible for determining the suitability of any ingredient for their own formulation, recipe, manufacturing process and finished product.

Where a customer incorporates Aurivae ingredients into another food product, the customer is responsible for ensuring that the finished product complies with all applicable laws, regulations, labelling requirements, declarations and food-safety requirements.

Nutritional and Product Claims

Information regarding nutritional characteristics, ingredients, processing methods, shelf life or product benefits is provided based on applicable product information and/or testing available to Aurivae.

Customers must not make health, nutritional, medical, therapeutic or other claims about Aurivae products or products containing Aurivae ingredients unless such claims are legally permitted and appropriately substantiated.

Food advertising and claims in India are subject to applicable FSSAI requirements.

Customised and Private-Label Products

For customised, white-label or private-label orders, the customer shall be responsible for providing accurate specifications, artwork, product information and other required inputs.

Once artwork, specifications or samples have been approved by the customer, Aurivae shall not be responsible for errors that were present in the customer-approved material, except to the extent caused by Aurivae's own deviation from the approved specifications.

Customised or private-label orders may be non-cancellable and non-refundable once production, procurement or packaging activities have commenced, subject to applicable law.

Intellectual Property

All content appearing on the Aurivae website, including but not limited to:

  • Brand name;
  • Logo;
  • Product photographs;
  • Product descriptions;
  • Graphics;
  • Videos;
  • Text;
  • Designs;
  • Catalogue material;
  • Marketing content; and
  • Other original materials

are owned by or licensed to Aurivae and are protected by applicable intellectual-property laws.

No content may be copied, reproduced, modified, distributed, commercially exploited or republished without prior written permission from Aurivae.

Website Use

You agree not to:

  • Use the website for unlawful purposes;
  • Attempt to gain unauthorised access to the website or its systems;
  • Introduce malicious software or harmful code;
  • Scrape or systematically copy website content without permission;
  • Misrepresent your identity or business;
  • Use Aurivae's content or brand to mislead third parties; or
  • Interfere with the operation or security of the website.

Aurivae may restrict or terminate access to the website where it reasonably believes these Terms have been violated.

Third-Party Links and Services

The website may contain links to third-party websites, payment gateways, logistics providers, social-media platforms or other external services.

Aurivae does not control and is not responsible for the content, availability, security, privacy practices or terms of third-party websites or services.

Use of third-party services is subject to their respective terms and policies.

Privacy and Personal Information

Where you submit personal or business information through the website, such information may be processed for purposes including:

  • Responding to enquiries;
  • Processing orders;
  • Preparing quotations;
  • Processing payments;
  • Delivering products;
  • Providing customer support;
  • Maintaining business records;
  • Complying with applicable laws; and
  • Communicating relevant information about our products and services.

Personal information shall be handled in accordance with applicable Indian data-protection and privacy requirements and Aurivae's Privacy Policy, where separately published.

Limitation of Liability

To the maximum extent permitted by applicable law, Aurivae shall not be liable for indirect, incidental, special, consequential or business losses arising from the use of its website or products, including loss of profits, loss of business, loss of production or loss of opportunity.

Where liability is legally established against Aurivae in connection with a specific product transaction, Aurivae's liability shall, to the extent legally permissible, be limited to the value of the affected product/order giving rise to the claim.

Nothing in these Terms shall exclude or limit liability that cannot legally be excluded or limited under applicable law.

Indemnity

To the extent permitted by applicable law, the customer agrees to indemnify and hold harmless Aurivae, its owners, employees, representatives and service providers against losses, claims, liabilities, damages, costs or expenses arising from:

  • Breach of these Terms;
  • Misuse of Aurivae products;
  • Improper storage or handling of products after delivery;
  • Unauthorised modification or repackaging of products;
  • Unlawful or misleading claims made by the customer;
  • Use of Aurivae ingredients in a finished product contrary to applicable requirements; or
  • Violation of applicable law or third-party rights by the customer.

Force Majeure

Aurivae shall not be considered in breach of these Terms where performance is delayed or prevented by circumstances beyond its reasonable control, including natural disasters, fire, flood, epidemic/pandemic restrictions, war, civil disturbance, government action, regulatory restrictions, strikes, transportation disruptions, raw-material shortages, utility failures, technology failures or other similar events.

Aurivae shall make reasonable efforts to resume performance as soon as practicable.

Changes to Products and Terms

Aurivae reserves the right to modify, discontinue, replace or update products, specifications, packaging, prices, website content or these Terms from time to time.

The updated Terms shall become effective when published on the website, unless otherwise stated.

The Terms applicable to an already confirmed order shall generally be those accepted at the time of order confirmation, subject to applicable law.

Severability

If any provision of these Terms is determined by a competent authority or court to be invalid, unlawful or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue to remain in effect.

No Waiver

Failure by Aurivae to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision at a later time.

Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of India.

Subject to any mandatory statutory rights, consumer remedies or jurisdictional requirements applicable under Indian law, disputes arising from these Terms or transactions with Aurivae shall be subject to the jurisdiction of the competent courts at Bengaluru, Karnataka, India.

For B2B transactions, Aurivae may also provide additional dispute-resolution, arbitration or jurisdiction terms in the applicable quotation, agreement, purchase order or contract.

Electronic Acceptance

Electronic acceptance of these Terms, including by submitting an enquiry, placing an order, accepting a quotation, accepting a Proforma Invoice, making payment or using the website after being presented with these Terms, may constitute evidence of acceptance to the extent permitted by applicable law.

Indian law recognises electronic contracts; however, the enforceability of particular terms depends on the manner in which the contract is formed and the applicable circumstances.

Entire Agreement

These Terms, together with the applicable quotation, Proforma Invoice, invoice, purchase order, product specification, written agreement and other expressly incorporated documents, constitute the agreement governing the relevant transaction.

Where there is a conflict between these Terms and a separately executed written agreement, the separately executed agreement shall prevail to the extent of the conflict.