Terms and Conditions

TERMS AND CONDITIONS

General Provisions

EARTHY BIOME (hereinafter "BOTNAL"), a Company incorporated under the provisions of the Companies Act, 1956 and having its registered office at 14, Navjeevan Vihar, Geetanjali Enclave, Malviya Nagar , Delhi-110017 offers its products for sale directly to its customers through this website www.botnal.com (hereinafter “site”). The sale of Products on the Site is subject to these Terms and Conditions of Sale (hereinafter "Terms of Sale").

Information for Consumers

1. The Products displayed on the Site are offered for sale to consumers only (hereinafter “Consumer(s)” or "You"). The purchase of the Products on the Site is permitted only to individuals who are 16 years of age or over. The Products offered for sale on the Site can be purchased and shipped only to the locations/pin codes indicated on the Site.
2.Before confirming and submitting a purchase order, You must carefully read and accept these Terms of Sale. These Terms of Sale can be downloaded from the Site and/or from the e-mail:hellobotnal@gmail.com BOTNAL will send to You pursuant to Article 3.5 below. We recommend that You print or electronically store a copy of the Terms of Sale, together with a copy of the Privacy Policy and the Information on the Right of Withdrawal, for Your future reference. These Terms of Sale, together with the Privacy Policy contain the rules governing the contract between You and BOTNAL for the purchase of Products through the Site.
3. By submitting a purchase order You hereby accept and undertake to observe, in the performance of the contract with BOTNAL, these Terms of Sale. If You do not agree with any of the terms set out in the Terms of Sale, You shall not to submit the purchase order for the purchase of the Products on the Site.

Order Procedure and Acceptance

1. For each Product offered for sale on the Site, a picture of the Product concerned will be displayed on the Site, together with the unitary price, the colours and sizes available. Pictures of Products are provided purely to illustrate the Product. BOTNAL will not be responsible for any inadequate graphical representation of the Products offered for sale on the Site.
2. To purchase a Product, You shall select the Product(s) of interest, the colour and the size. The Product(s) selected for purchase will be added to Your shopping bag. It will not be possible to save the shopping bag to proceed to the purchase on a later stage. If the purchase procedure is not completed, all items included in your current shopping cart will be deleted and You will need to start a new purchase procedure. The sales procedure will be considered concluded only when the payment information has been confirmed. To submit the order You will be required to provide Your personal data, including Your date of birth, the payment details and to accept these Terms of Sale by ticking the relevant check- Before submitting the order You are invited to carefully review the summary of the information on the essential characteristics of each Product You ordered, the details of the shipping costs applicable to Your order, the conditions to exercise Your right of withdrawal (the “Information on the Right of Withdrawal”) and the Privacy Policy.
3 It is possible to correct possible errors in the information entered during the purchase process until the submission of the order by following the specific Amendment Procedure indicated on the Site. Once the order is submitted You will not be able to amend or cancel it.
4 After the submission of the order, BOTNAL will send You an email to the address You entered during the purchase procedure, to confirm that BOTNAL has received the order and it is processing it (the "Acknowledgement Receipt"). Consumers' orders will be stored on BOTNAL’s database located in Gurgaon at least for the time necessary to process the orders and, in any case, within the time limits and pursuant to the applicable laws and regulations. Consumers will be able to access their orders at any time by contacting the Customer Services on +011- 47006824 or by e-mail at<=hellobotnal@gmail.com
Please note that the Acknowledgement Receipt does not constitute acceptance by BOTNAL of Your order. The order will be accepted by BOTNA Land Your credit/debit card will be debited only after the products have been ordered. At this point BOTNAL will send You another email where it confirms that Your order has been accepted and the product(s) have been ordered. (the "Order Confirmation"). The paper invoice will be included with the Product delivered.
5. BOTNAL reserves the right to refuse orders made by Consumers it considers, in its sole discretion, not having the requirements to place a purchase order or with whom a legal dispute regarding a previous order is on-going or for any other legitimate reason, without any need to provide the reasons for the same. BOTNAL reserves the right to refuse and not to process orders which, in its sole discretion, appear to be sent by dealers and/or distributors.

Availability

1. BOTNAL invites You to check the availability of Products offered for sale on the Site at the time of purchase, since Products sold by BOTNAL on the Site may be subject to stock limits and BOTNAL does not guarantee that they will always be available.
2. In the event of temporary unavailability of the Products You ordered, BOTNAL will inform You within 5 working days (and in any case, within the delivery time limit as specified under section 6.2 below) by sending You an e-mail or by calling You if You have provided Your telephone number during the purchase process registration. If the purchase amount has already been charged, a refund will be issued within 30 days.

Prices and Payment

1. Prices of the Products available for sale on the Site are in Indian Rupee (INR) and Your purchases on the Site will be made in Indian Rupee. BOTNAL will not be responsible for any differences in the prices credited to Your credit card due to fluctuations of the exchange rates applied by your bank or credit card issuer.
2. While we will make all the possible efforts to ensure that all prices displayed on the Site are accurate and up-to-date, we may not exclude that errors may occur. If an error in the price of the Products You ordered is identified after BOTNAL sent You the Acknowledgement Receipt but before the Order Confirmation, BOTNAL will contact You and ask You if you want to re-confirm the order at the correct price or to cancel it. If BOTNAL is not able to contact You, it will cancel the order and send You an email confirming the cancellation. Errors in prices identified after BOTNAL sent You the Confirmation Order will not affect Your purchase.
3. All prices of the Products are inclusive of GST except the products being sold during discount period/EOSS period. Shipping costs will be charged separately and will depend on the destination and the type of delivery You choose during the purchase procedure. costs, as well as any other applicable tax, will be itemized on the order check-out page, in the Acknowledgement Receipt/Order Confirmation as well as in the e-mailed invoice.
4. BOTNAL only accepts payment by all the major credit/debit cards which include Visa, Maestro & Master Card and ewallet as well.
5. The purchased Products will only be sent after the Consumer’s credit card data have been verified or only after having received the charging authorization from Your bank. The charges will be made only after the products have been ordered.
6. All Products are supplied with an identifying card setting out an identification number forming an integral part of the Product concerned. Do not remove the card and related identification number from the purchased Products until You have verified that the Products conform to the Products You ordered or until You decide not to exercise Your right of withdrawal under Section 9 below.

Delivery

1. The Products will be dispatched to the address provided during the purchase process. For security reasons, BOTNAL will not ship any order to a P.O. Box or accept any order where it is impossible to identify the individual private recipient of the order, and its address.
2. All purchases will be delivered by BOTNAL's selected courier service (e.g. DTDC and Safe Express) (hereinafter, “Courier”) between Monday to Friday excluding Saturdays, Sundays and any local or national holidays, after the Order Confirmation is sent to You, on the basis of the indicated availability.
3. Products will be delivered within 10 (ten) business days from the Order Confirmation incase of non-metropolitan areas and 5 (five) business days in case of metropolitan cities i.e. Delhi, Mumbai, Bangalore, Ahmedabad and Kolkatta. In any case, BOTNAL will not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
4. In the event You do not receive the Products within 10 (ten) business days following receipt of the Order Confirmation, we invite You to contact BOTNAL at hellobotnal@gmail.com. BOTNAL reserves the right not to respond to complaints sent after 30 (thirty) days from receipt by You of the Order Confirmation.

Changes to, and corrections of, the terms of sale and the website

1. BOTNAL reserves the rights to change or correct these Terms of Sales, the Privacy Policy as well as the Products offered for sale on the Site and their prices, at any time and without notice to You. BOTNAL invites You to carefully check the Terms of Sale and the Privacy Policy every time You use the Site to make a purchase.
2 We will make all reasonable efforts to ensure that prices and other information about Products displayed on the Site are accurate and up-to-date. However there may occasionally be typographical errors, incorrect statements or omissions (hereinafter “Errors”) regarding the description of the Product, the price, any promotions, offers and the availability of the Product concerned. BOTNAL reserves the right, at any time and without notice to You, to correct such errors, to change or update information, to revoke offers containing such Errors and to cancel any order at any time prior to shipment.

In the event that Your credit card is charged for a cancelled order, You will be promptly informed by BOTNAL at the email address provided during the purchase process registration and a refund will be issue to Your credit card within 30 days.

3. All changes and/or corrections mentioned above will apply only to purchase orders submitted subsequently to the date of the change or correction effected by BOTNAL. Unless BOTNAL decides, in its sole discretion, to cancel an order or Consumers accept to re-confirm the order pursuant to section 5.2 above, after an Order Confirmation is sent, Consumers will only be charged with prices appearing on the Site at the moment they submitted their order.

Conformity of Orders

1. Products must be checked by You at the time of delivery to You to ensure that they correspond to the Products You ordered.
2. Any anomalies identified at the time of delivery, including without limitation any tampering or damage to the packaging, damage to the Products, items missing with respect to the Transport Document, non-conformity to the Products ordered, defective Products, etc. (hereinafter "Defects"), can be indicated by the Consumer directly to the BOTNAL by contactinghellobotnal@gmail.com In such circumstance the Consumer will not be required to accept the Products
3. In the event that any Defects are identified after delivery, the Consumer may return the Product to BOTNAL following the procedure described under Section 10 below.

Right of Withdrawal

4. BOTNAL reserves the right to inspect the Products returned and to refuse the return of those Products which do not comply with the requirements specified under 9.3 above.
6. To return the Products to BOTNAL, Consumers shall follow the procedure described below:
6.1.1. Check the presence of the label and commercial documents accompanying the Products within the package
6.1.2. Contact the Courier number present on the receipt and agree date and time for collection directly with the Courier
6.1.3. Require to the Courier a copy of the receipt for the collection of the Product duly signed by the Courier, and keep it as evidence of the collection. In this case all the shipping costs, including the costs for returning the Products to BOTNAL will be borne by BOTNAL
7. If the consumer elects not to use the Courier used by BOTNAL recommends that Consumers insure the whole value of the Product being returned, obtain and carefully preserve the shipping receipt and number. In this case shipping costs for returning the Products shall be born by the Consumer and BOTNAL will not be liable for refunding the price of Products sent by the Consumer which have not been received by BOTNAL as a consequence of loss, theft or damage not attributable to BOTNAL.
8. Products shall be returned to the following address: EARTHY BIOME, 14, Navjeevan Vihar, Geetanjali Enclave, Malviya Nagar , Delhi-110017
9 Exchange of the products can made only within 10 days from the date of the receipt of the products. There is NO REFUND POLICY. Products can only be exchange in the case of a manufacturing defect.

Legal Warranty for Non-Conformity Products

1. BOTNAL Products offered for sale on the Site are covered by the 6 months legal warranty starting from the date Consumers receives the Products (“Legal Warranty Period”), which covers any defect or non-conformity of the Products. If a Product delivered to a Consumer is found to be faulty or different from the Product ordered (“Defective Product”), Consumers will have the right to return the Defective Product to BOTNAL for a replacement. If replacement is not an available remedy, Consumers will be only entitled to claim termination of the purchase contract and obtain a full refund of the Product price, including original shipping costs and costs for returning the Defective Products to BOTNAL. The refund will be issued as soon as possible and in any case within 30 days from the date the Defective Products have been returned to BOTNAL
2. Return of Defective Products for a replacement or full refund must always be made in the following way:
2.1 Consumers will be required to inform BOTNAL of any defect or non-conformity in the Products purchased on the Site within 15 days from the date the defect or non-conformity is discovered - provided the defect or non-conformity arises within the Legal Warranty Period - by writing to the following e-mail address: hellobotnal@gmail.comdescribing the defect and indicating the type of remedy (replacement or refund) required
2.2 Defective Products shall be returned by Courier – BOTNAL recommends insuring the Products in the case that the Consumer elects not to use BOTNAL’s Courier – to the following address: Name, EARTHY BIOME, 14, Navjeevan Vihar, Geetanjali Enclave, Malviya Nagar , Delhi-110017
3.2 If the Consumer elects to use a courier different from the BOTNAL’s Courier, BOTNAL will not be liable for any loss of the Product.
4. BOTNAL reserves to check the Products returned to verify the existence of the defect or non-conformity and may return the Product to the Consumer in the event that it assesses that no defect or non-conformity exists.

BOTNAL Liability

1. Products offered for sale on the Site are supplied “according to availability”. Save for the legal warranty under section 10.1 above, BOTNAL does not provide any guarantee, whether express or implied, that goes beyond the description of the Products included in the purchase order.
2. In no circumstances BOTNAL will be liable for any kind of damage, including by way of non-exhaustive example, direct, indirect, incidental or consequential damage, which may occur to Consumers and which derive directly or indirectly from the Consumers' use or impossibility to use the Site, from the Consumers having relied on the information contained on the Site or from errors, breaks in service, cancellations, degradation or corruption of files or e-mails, software errors, viruses or defects, delays in functioning or transmission, lack of communication, theft, the destruction of, or unauthorised access to, BOTNAL’s data, programmes or services.
3. Without prejudice to sections 11.1 and 11.2, nothing in these Terms of Sale will exclude or limit BOTNAL's liability to You for fraud, death or personal injury caused by BOTNAL's negligence, breach of terms regarding title implied under the applicable Consumer Protection laws or any other liability which the applicable laws state may not be excluded or limited.

Use of BOTNAL Website

1.Your use of the Site is subject to our Site "Terms of Use” that you can consult and download from our Site.

Governing Law and Jurisdiction

1. Any dispute arising from or connected with these Terms of Sale and any purchase contract concluded between a Consumer and BOTNAL pursuant to these Terms of Sale, will be submitted to the exclusive jurisdiction of the Courts at Delhi.
2. If any of the provisions contained in these Terms of Sale is found to be invalid, null and void or inapplicable for any reason, such provision will be deemed to be separable and will not prejudice the validity and applicability of the other provisions.

Contacts
- 1. If You have any complaint or if You need any information or assistance in relation to the Site or the purchase procedure, please contact BOTNAL customer service at hellobotnal@gmail.com or at the number 011-47006824