TERMS & CONDITIONS
Because We Care
The terms and conditions of sale as set out herein (“ Terms of Sale”) constitute an agreement between the person as seller (“we”, “us” or “our”) on the portal https://www.himalaya-ind.com/ and you (“ you” or “your”) and govern your purchase of the products (“Product(s)”) from us on or through Himalaya Industries. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.
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These Terms of Sale are in addition to various agreements, store policy, privacy policy, return, refund & exchange policy and all other policies of Himalaya Industries. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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Our Contract of Sale
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Listing and display of a Product by us on Himalaya Industries is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on Himalaya Industries by you is your offer to buy the Product(s) from us.
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Once you have placed an order with us for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
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We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
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You acknowledge that there may be certain Products in your order whose actual quantity may not be known at the time of order placement. Such Products will therefore be invoiced based on the exact weight at the time of packaging and upon dispatch, our Shipment Confirmation will reflect such marginal variance in the quantity of the Product as against your original order and relevant adjustment in the invoice amount.
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If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
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Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
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You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.
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All orders placed on Himalaya Industries are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
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Product Availability: We list availability information for the Products on the relevant webpage of Himalaya Industries. Beyond what we say on that webpage or otherwise on Himalaya Industries, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any Products you order turn out to be unavailable or out of stock.
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Product Pricing
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All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
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Products in your shopping cart of Himalaya Industries will reflect the most recent price as displayed on the Product’s information webpage on Himalaya Industries. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease or increase between the time you place it in your shopping cart and the time you place the order.
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Force Majeure: The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport.​
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Waiver: The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
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Governing Law and Dispute Resolution: These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.