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Terms & Conditions

 

Dave’s Noni and Wellness Products  is the vertical of Dave’s Group of Companies and  the website (“https://www.davesnoni.com/”). Dave’s Noni and Wellness Products is a company incorporated in accordance with the Companies Act, 2013, with its registered office at 708, Iscon Elegance, Nr Shapath V, Sg Highway, Ahmendabad, Gujarat 380015, India. Your use of the Website is governed by the following Terms and Conditions (“Terms of Use”), alongside the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy, as modified and amended from time to time. By accessing, browsing, or using the Website in any other way, from a computer or mobile phone (through an iOS or Android application), for the purpose of making a purchase on the Website, you agree to be bound by these Terms of Use and the Policies, whether or not you have read them. The Website is only to be used for your personal non-commercial use and information.

You must be legally allowed to contract in order to use this website, as per the Indian Contract Act, 1872. This means that un-discharged insolvents and other persons who are incompetent to contract are not eligible to use the website. If you are a minor, under the age of 18 years, you may use the website only under the supervision of a parent or legal guardian. If you are browsing and using the website on behalf of someone else, you represent that you have the authority to bind that person to all the terms of use and policies herein. If the said person refuses to be bound by the terms of use and policies, you agree to accept liability for any harm caused by any wrongful use of the website resulting from such access or use of the website, in whatsoever nature.

You can register and log in on the website to place an order, or you can place an order as a guest on the website. You can also place an order with Dave’s Noni and Wellness Products customer service. If you register and log in to the website, you are responsible for maintaining the confidentiality of your username and password. You will be fully responsible for all activity under your account, and you agree to immediately inform Dave’s Noni and Wellness Products of any unauthorized use of your account or any breach of security.

Dave’s Noni and Wellness Products may collect the following personally identifiable information about you as part of the registration process on the Website: including first and last name, email address, mobile phone number, demographic details such as age, gender, occupation, education, address, etc., the links you click on the Website, the number of times you access the page and any such browsing information. It is your responsibility to keep your account and registration details up-to-date with your current and correct details in order to receive communications related to your purchases from the Website.

By agreeing to the Terms of Use, you can choose to receive promotional offers and newsletters from Dave’s Noni and Wellness Products. Dave’s Noni and Wellness Products will only store the necessary information required to make a purchase through the Website and will not disclose your confidential information to any third party without your consent. After placing an order on the Website, if you choose to make payment online, Dave’s Noni and Wellness Products will not save any information related to your credit/ debit cards or cvv number. All the information you provide will be processed through a secure server for enabling the online transaction.

 

You agree and confirm that:

The display of all information, products, and services on the Website is not an offer to sell. Your order is an offer to purchase certain product(s) under these Terms of Use at the given price (including delivery and other charges).

Dave’s Noni and Wellness Products has the right to accept or reject your offer for any reason, including but not limited to unavailability of any product, an error in price or product description. This will be the case regardless of whether the order has been confirmed and/ or payment received. In the event that Dave’s Noni and Wellness Products cancels your order, Dave’s Noni and Wellness Products will provide a full refund of any payment received.

Check and verify the product description carefully before placing an order. By placing an order for a product you agree to be bound by the conditions of sale included in the product’s description.

The prices and availability of the products are subject to change without prior notice to you, at the sole discretion of Dave’s Noni and Wellness Products.

Dave’s Noni and Wellness Products may revise and cease to make available any product at any time. In the event, Dave’s Noni and Wellness Products is unable to deliver the product, you will be notified by e-mail and your order will be automatically canceled due to the unavailability of the product. In such an event, Dave’s Noni and Wellness Products shall not be liable to pay any damages to you owing to the cancellation of the order.

Dave’s Noni and Wellness Products may revise and cease to make available any product at any time. In the event, Dave’s Noni and Wellness Products is unable to deliver the product, you will be notified by e-mail and your order will be automatically canceled due to the unavailability of the product. In such an event, Dave’s Noni and Wellness Products shall not be liable to pay any damages to you owing to the cancellation of the order.

You are the only person responsible for keeping your account and password private, and you are also responsible for restricting access to your computer. You accept responsibility for all activities done under your account and password. If you think there is any misuse of your account, you are required to tell us immediately at the Contact Information provided below. If we find or suspect a security breach in your account, we may ask you to change your password or temporarily or permanently block or suspend your account, and Dave’s Noni and Wellness Products will not be held liable.

If you violate these Terms of Use or if, in our sole discretion, we decide that it would be in our best interest to do so, Dave’s Noni and Wellness Products reserves the right to refuse service and/ or terminate your account without giving you any prior notice. You are solely responsible for all contents that you upload, post, email, or otherwise transmit via the Website.

Any recommendation made to you on the Website, during the course of your use of the Website, is for informational purposes and your convenience only and does not amount to an endorsement of our products in any way.

If any product you purchase from the website has any side effects, please note that we will not be held liable or responsible in any way, and that will be your sole responsibility. You should carefully read the product description to make sure the ingredients in the products will not cause any side effects or allergic reactions for you, and you may even consult a specialist before using the said products.

You are not allowed to upload, publish, host, transmit, display, modify, update or share any information that Dave's Noni finds to be racially motivated, harmful, sexual, defamatory, obscene, pornographic, or unlawful in any way. You are also not allowed to interfere with any other person’s use or enjoyment of the Website, or break any applicable laws.

You will only ever provide Dave’s Noni and Wellness Products with accurate and authentic information. Dave’s Noni and Wellness Products also reserves the right to confirm and validate the information you have provided at any point in time. If, upon confirmation, we find that any of your details are false, partially or otherwise, then we reserve the right to reject your registration and stop you from using any Dave’s Noni and Wellness Products services without prior warning.

The delivery address you have provided is correct and will be honored. In the event that non-delivery or late delivery occurs because of an error on your part (for example, wrong or incomplete name or address, or any other incorrect information), you will be responsible for any additional cost incurred by Dave’s Noni and Wellness Products for the redelivery of the order, prior to redelivery being arranged.

You hereby authorize Dave’s Noni and Wellness Products to contact you for any transactional purposes related to your order/ account. Dave’s Noni and Wellness Products shall not be liable to entertain any complaint after 7 days of the order having been delivered to you.

All products are only subject to any applicable warranties from their respective manufacturers, distributors, and suppliers (if any) that are included in the product packaging. To the fullest extent permitted by applicable law, Dave’s Noni and Wellness Products disclaims all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. Without limiting the generality of the foregoing, Dave’s Noni and Wellness Products expressly disclaims all liability for product defects or any damage suffered by you from using the services on the Website, failure claims that are due to normal use, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation of any kind. Dave’s Noni and Wellness Products will not be held liable to you or any third party for any indirect, special, punitive, incidental, or consequential damages (including without limitation, damages for lost profits, data, or goodwill) that result from the use of the Website or products, regardless of the legal theory on which they are based. This includes, but is not limited to, any theory of contract, warranty, tort (including negligence), strict liability, or other law.

You are not allowed to violate the security of the Website. This means you agree not to use any device, software, or routine to interfere or try to interfere with the proper working of the Website or any activity taking place on the Website.

No lawsuits or actions associated with the use of this website or these Terms of Use can be filed by you more than one year after the event that caused said dispute happened. If you have a disagreement with Dave’s Noni and Wellness Products or are unhappy with the Website, your only recourse is to stop using the Website. Dave’s Noni and Wellness Products has no responsibility to you whatsoever.

 

PRODUCT DESCRIPTION 

Although Dave’s Noni and Wellness Products tries to be accurate in the product description on the Website, Dave’s Noni and Wellness Products does not warrant that the product description, color, information, or other content on the Website is accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies which may not be complete or current.
The product pictures are indicative and may not match the actual product. Dave’s Noni and Wellness Products has made every effort to display the colors of the products that appear on the Website as accurately as possible. However, as the actual colors, you will see depend on your monitor, Dave’s Noni and Wellness Products cannot guarantee that your monitor’s display of a color will be accurate.

Dave’s Noni and Wellness Products holds the right to update, change or correct any information, inaccuracies, errors, or omissions at any time (this includes after an order has been submitted) without previous notice. Please be aware that such errors, inaccuracies, or omissions may also refer to the pricing and availability of the product.
The availability of our products will depend on seasonal variations as the raw materials needed for manufacturing our products are naturally sourced, which may result in our products not being available all the time on the website. Also, as the raw materials needed for manufacturing our products are naturally sourced, it's possible that due to sedimentation occurring in our products--especially juices--the color, texture, and taste may differ between batches because of seasonal variations; however, the nutritional value in our products always remains constant.

Dave’s Noni and Wellness Products provides general information about its products with the understanding that this does not constitute personal medical advice nor is it to be used for any medical diagnosis or treatment. The accuracy, completeness, appropriateness or usefulness of the information is not guaranteed. You are advised to seek the opinion of a certified medical practitioner for any specific medical conditions or issues. Reliance on the information provided by Dave’s Noni and Wellness Products is at your own risk. Dave’s Noni and Wellness Products will not be liable for any information or the consequences of relying upon such information.

 

PRICING

All items listed on the Website will be sold at the maximum retail price unless stated otherwise. The prices mentioned when placing an order will be the prices charged on the date of delivery. If the prices are higher or lower for the relevant product on the date of delivery, the customer will not be charged more or refunded at the time of delivery.

Before placing your order, please verify the total amount payable. The total charges for your order will be displayed on the website before you check out, and no additional fees will apply. Once you have confirmed your order on the website, you will be required to pay the full amount either online or to the delivery person upon receiving the goods.

 

PAYMENT 

You are allowed to choose from the various payment options made available on the Website while placing an order. You undertake to use your own debit/ credit card or banking details for completing the transaction on the Website. If all security checks are verified through the secured server for enabling the online transaction, then Dave’s Noni and Wellness Products shall not be held responsible for the misuse of your debit/ credit card or banking details. Dave’s Noni and Wellness Products will not be liable for any type of credit card fraud. The onus of proving that your credit card has been fraudulently used for transacting on the Website will be exclusively on you.

 

CANCELLATION, REFUNDS, AND RETURNS 

An order is confirmed when Dave’s Noni and Wellness Products dispatches the products to you unless you cancel the order beforehand. To cancel your order or change it, you will need to call our customer service number before the order is dispatched. Once the order is dispatched, it cannot be canceled or changed. Please refer to our Cancellation, Refunds, and Return Policy for more information.

 

SHIPPING AND DELIVERY

Dave’s Noni and Wellness Products will take care of the logistics involved in delivering the products you have ordered. At the time of placing your order, we will share an estimated time of delivery with you, as well as a consignment number that you can use to track the status of your order. Please note that we will do our best to get your order to you as soon as possible, but there may be some delays due to external circumstances. We will take responsibility for your order if it is shipped to one of the major cities (metros), where we use the best available courier partners based on their turnaround time and performance, such as Shiprocket, Delhivery, Xpressbees, Ecom, Ekart, etc. Please refer to our Shipping and Delivery Policy for more information.

 

INTELLECTUAL PROPERTY RIGHTS

All text, programs, products, processes, technology, content, and other materials on this website are the intellectual property of Dave’s Noni and Wellness Products. This includes the "Dave’s Noni and Wellness Products" name and logo, and all related product and service names, design marks, and slogans. Any use of this website or its contents for commercial purposes, including copying and/or storing them in whole or part, is prohibited without Dave’s Noni and Wellness Products's permission. You may copy or download the materials displayed on this website for your personal use only. You may not modify, distribute, or re-post anything on this website for any purpose. No right, title, or interest in any downloaded materials is transferred to you as a result of any such copying and/or downloading.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Website is provided on an “as is” and “as available” basis. Dave’s Noni and Wellness Products disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You expressly agree that your use of the Website is at your own risk. Dave’s Noni and Wellness Products makes no representation regarding the use of or result of the use/depiction of the Website's content in terms of their correctness, accuracy, reliability, or otherwise. Dave’s Noni and Wellness Products shall not be liable for any loss suffered in any manner by the user as a result of relying directly or indirectly on the depiction of the Website's content. The images shown on the Website are only indicative in nature and the actual product may vary in size, color, etc.

You understand that this Website is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Website could be prevented by certain factors outside our reasonable control, including, but not limited to, the unavailability, inoperability, or interruption of the internet or other telecommunications services, or as a result of any maintenance or other service work carried out on this Website.

You agree that, to the fullest extent permitted by law, neither Dave’s Noni and Wellness Products nor any of Dave’s Noni and Wellness Products’s holding companies, subsidiaries, affiliates, partners, or licensors will be held responsible or liable (whether in contract, tort, negligence, or otherwise) under any circumstances for any of the following: (a) interruption of business; (b) delays or interruptions in access to the Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) any sort of loss or damage incurred as a result of dealing with or the presence of off-website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of Dave’s Noni and Wellness Products. Dave’s Noni and Wellness Products makes no representation or warranties that defects or errors will be corrected.

Moreover, to the broadest extent legally permissible, neither Dave’s Noni and Wellness Products nor any of Dave’s Noni and Wellness Product’s subsidiaries, affiliates, partners, or licensors can be held liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) in relation to the Website or its use, regardless of the form of action, whether in contract, tort (including negligence), or otherwise. This is even if we have been forewarned of the possibility of such damages. In no event shall Dave’s Noni and Wellness Product’s maximum aggregate liability exceed. This disclaimer is a crucial part of this Terms of Use agreement.

 

TERMINATION

These Terms of Use will remain in effect until terminated by either you or Dave’s Noni and Wellness Products. You are free to terminate the contract at any point by discontinuing your use of this Website. Dave’s Noni and Wellness Products may terminate the Terms of Use at any time without notice, which would consequentially deny you access to the website. Such termination will not hold the website accountable for any liabilities. If the Terms of Use are terminated by either party, you must destroy any material downloaded or otherwise obtained from this Website, including all copies of said material, whether gained under the Terms of Use or not. Any termination of the Terms of Use will not cancel your obligation to pay for a product you have already ordered from the Website or affect any other liabilities which might have arisen under the Terms of Use.

 

INDEMNITY

You agree to protect Dave’s Noni and Wellness Products, its employees, directors, officers, agents, and their successors and assigns, it's holding, subsidiaries, affiliates, partners, or licensors from and against all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees. These may result from your actions or inaction and can cause loss or liability to Dave’s Noni and Wellness Products or any third party. This includes but is not limited to breach of any warranties, representatives, or undertakings, non-fulfillment of obligations under the Terms of Use, and violation of any applicable laws, and regulations, including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights.

 

VARIATION OF THE TERMS OF USE

At any given point, Dave’s Noni and Wellness Products may modify these Terms of Use without prior notice to you. You can review the most up-to-date version of the Terms of Use at any time on the Website. Dave’s Noni and Wellness Products reserves the right to update, change, or replace any part of these Terms of Use by posting updates and changes to the Website. Checking the Website periodically for changes is your responsibility. Your continued use of or access to the Website after any changes have been posted constitutes your acceptance of those changes.

 

PRIVACY POLICY

The Privacy Policy of Dave’s Noni and Wellness Products ensures the safety of your personal information. In addition to these Terms of Use, the Privacy Policy and other Policies will also govern your visit and use of the Website. Your continued use of the Website signifies that you have read and accepted the Privacy Policy and other Policies and that you agree to be bound by their terms and conditions. You hereby consent to the use of personal information by Dave’s Noni and Wellness Products in accordance with the terms and purpose set forth in the Terms of Use, as well as the Privacy Policy and other Policies, which may be subject to amendment from time to time at the sole discretion of Dave’s Noni and Wellness Products. Please refer to our Privacy Policy (https://www.davesnoni.com/privacy-policy) for more information.

 

GOVERNING LAW AND JURISDICTION

All disagreements related to these Terms of Use will be interpreted and controlled by Indian law, and Dave’s Noni and Wellness Products exclusively reserves the right to request and obtain any injunctive measures, interim or provisional measures from Ahmedabad jurisdiction to protect Dave’s Noni and Wellness Product’s trademark or other intellectual property rights or confidential information. Subject to Ahmedabad jurisdiction.

 

GENERALGENERAL

Dave’s Noni and Wellness Products hereby agrees to these Terms of Use, which constitutes the complete and exclusive agreement between the company and you concerning your use of the Website. This agreement supersedes and governs all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms of Use and Policies at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website thereafter constitutes your agreement to all such changes to the Terms of Use as well as the Policies. Dave’s Noni and Wellness Products may, with or without prior notice, terminate any of the rights granted by these Terms of Use and Policies. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

These Terms of Use cannot be interpreted as creating any agency, partnership, affiliation, joint venture, or another type of joint enterprise between us. Dave’s Noni and Wellness Products's failure to make you perform any part of these terms at the moment shall not stop Dave’s Noni and Wellness Products from making you do so at any time in the future. Dave’s Noni and Wellness Products waiving any breach of these terms does not mean that Dave’s Noni and Wellness Products waives the term itself.

Any provision of these Terms of Use and/or Policies that is unenforceable or invalid under any applicable law or court decision shall not render the Terms of Use and/or Policies unenforceable or invalid as a whole. The Terms of Use and/or Policies shall be modified, to the extent possible, by the adjudicating entity to fully reflect the original intent of the parties as reflected in the original provision. The headings of the Terms of Use are for convenience purposes only and shall not be used in its interpretation.

If you have any questions with regards to the Terms of Use, please email Dave’s Noni and Wellness Products at wecare@davesnoni.com (mail to: wecare@davesnoni.com)

 

CONTACT INFORMATION

Customer Service Desk

E-mail id: wecare@davesnoni.com

Phone: +91-8980056999

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