Terms of service

1. Company & Legal Identity

2. Acceptance & Updates

• By using the Site, registering an account, or placing orders, you agree to these Terms. Your electronic acceptance (e.g., clicking “I agree”) forms a valid contract under the IT Act, 2000.
• We may revise these Terms from time to time; the latest version is always on this page. Material changes will be communicated (for example, by email or a site notification), and continued use after notice means you accept the updated Terms.

3. Eligibility

• Legal Capacity: The Site is only for users legally competent to contract under Indian law. In particular, a user must have reached the age of majority (18 years in India) and be of sound mind.

• Minors: If you are under 18, you may use the Site only under the supervision of a parent or legal guardian who agrees to these Terms and places orders on your behalf. Any misrepresentation of age or identity may lead to immediate account termination.

4. Registration & Account

• To order products, you must create a COWBERRY account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.
• By registering with COWBERRY, you consent to receive transactional messages (such as order confirmations, delivery updates, and essential account alerts) and limited promotional communications (including newsletters, offers, and product updates) via email, SMS, or app notifications.
• We value your preferences and give you full control over how you hear from us. At any time, you may manage or modify your choices through the “Unsubscribe” button in your Account Settings, where you can choose to unsubscribe from one or more types of communication — such as emails, newsletters, SMS messages, or promotional notifications.
• I agree to be contacted by COWBERRY or its representatives via SMS, Email, RCS, WhatsApp, or Call. This consent overrides any NDNC registration

Please note that transactional communications related to your orders and account activity will continue, as they are necessary to complete your purchases and provide our services. For any assistance with managing preferences, our support team is always happy to help at customercare@cowberry.com

5. Data, Privacy & Cookies

• We collect personal information (name, contact details, address, preferences) to process orders and improve our services. All data is handled in accordance with our Privacy Policy and IT law. We implement reasonable security practices as required by the IT Act (Section 43A) to protect your data.
• We use cookies and analytics tools to enhance your browsing experience. Continuing to use the Site implies consent to cookies; you can disable cookies in your browser if you wish.
• We do not sell or rent your personal information to third parties without your consent, except to partners and service providers who assist in fulfilling orders or as required by law.

6. Product Information & Pricing

• Prices: All prices are in Indian Rupees (INR) and include applicable taxes (unless otherwise specified). The price you see at checkout is final. For products sold by weight (e.g., fruits, vegetables, grains, oils), prices may fluctuate daily. We will adjust the final invoice based on the actual delivered weight, issuing a refund or additional charge as needed.

• Compliance: We comply with India’s Legal Metrology (Packaged Commodities) Rules, 2011, and FSSAI labeling requirements. This means every product’s label shows accurate weight/volume, ingredients, MRP, and other required details. All our food products meet the Food Safety and Standards Act, 2006, and come from valid FSSAI-licensed sources. Our FSSAI license number [10725997000683] is displayed on every product page and invoice as mandated.

• Representations: Product images on the Site are for illustration only; actual items may vary slightly in color, size, or packaging. Natural variations in fresh produce (e.g., size, shape, color, flavor) are normal and not considered defects.

7. Ordering & Payment

• Ordering: You can place orders through our secure online store using UPI, credit/debit cards, net banking, or Cash on Delivery (where available). We will send you an order confirmation by email/SMS. A contract is formed when we confirm your order.

• Unavailable Products: If an item becomes unavailable after you order, we will notify you and cancel that item. We will refund you the amount for the unavailable item (via original payment method), typically within 7–10 business days.

• Electronic Notices: You consent to receive all communications (order confirmations, invoices, policy notices) electronically. Under the IT Act, 2000, an electronic record or signature satisfies any requirement for writing and signature, so these digital communications serve as legally valid notices.

8. Delivery & Risk

We strive to deliver within the estimated time, but delays can occur due to weather, transportation issues, or other factors beyond our control.

Ownership and risk of loss for the goods pass to you upon delivery. Please inspect items immediately at the time of delivery.

If you find any items damaged, spoiled, incorrect, or missing at delivery, you may refuse the delivery or contact us right away to initiate a return/replacement.

9. Product Safety & Quality

• FSSAI Compliance: All food products sold on our Site comply with India’s Food Safety and Standards Act, 2006. As an e-commerce food business, we hold a valid FSSAI license and follow FSSAI guidelines. Our FSSAI license number (10725997000683) is displayed on every product page and invoice for transparency.

• Quality Standards: We source our organic groceries from trusted suppliers and ensure proper food handling practices. However, natural variations in fresh produce (e.g., shape, size, shade) are normal. These do not count as defects or grounds for return.

• Shelf Life Please check the expiry or best-before dates on all packaged foods before consuming. Store products as instructed on their labels.

10. Prohibited Use

You agree not to use the Site for any unlawful or abusive purpose. In particular, you will not:

• Post or share unlawful, abusive, defamatory, obscene, or fraudulent content.
• Violate any applicable laws or the rights of others (including intellectual property, privacy, or other legal rights).
• Interfere with the operation of the Site or attempt unauthorized access to any part of it or any user’s data.
• Copy, scrape, reproduce, distribute, or sell any portion of the Site or its content for any commercial purpose without our explicit consent.

Violating these rules may result in suspension or termination of your account and may subject you to legal action.

11. Reviews, Feedback & Submissions

• When you submit product reviews, ratings, or feedback, you grant COWBERRY a non-exclusive, worldwide, royalty-free license to use and publish that content (for example, on our Site or social media) to improve our services and marketing.
• You retain ownership of your submissions; however, by posting, you confirm you have the right to grant this license. We will not edit your content in a misleading way.
• We reserve the right to remove or refuse content that violates any law or our community guidelines (e.g., offensive or inappropriate content).

12. Intellectual Property

• All content on the Site – including text, images, graphics, logos, and software – is owned by COWBERRY or its licensors and is protected by copyright, trademark, and other intellectual property laws.
• You may use the Site content only for personal, non-commercial purposes. Any other use (including copying, reproduction, or publication) requires our prior written permission.
• Unauthorized use of our content or trademarks may result in legal action.

13. Disclaimer & Limitation of Liability

• No Warranty: We strive to keep information on the Site accurate and up to date, but we do not guarantee uninterrupted access or the absence of errors. The Site and services are provided “as is” and “as available” without warranties of any kind.

• Limitation of Liability: Our liability for any claim related to the products or services will not exceed the invoice value of the specific product at issue. This limitation applies even if we were negligent.

• Exceptions: This liability cap does not apply to claims arising from our gross negligence or willful misconduct, any fraudulent or false representations, food safety issues violating FSSAI standards, or as required by law (e.g., your rights under the Consumer Protection Act, 2019, are not waived)

14. Indemnity

You agree to indemnify, defend, and hold harmless COWBERRY and its officers/employees from any losses, liabilities, claims, or expenses arising out of your breach of these Terms or violation of any law, except to the extent caused by our own negligence or misconduct.

15. Force Majeure

COWBERRY will not be liable for any failure or delay in performance caused by events beyond our reasonable control (e.g., natural disasters, strikes, government actions, pandemics). In such events, we will notify affected customers as soon as possible and will either reschedule delivery or refund prepaid orders.

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Any disputes will first be referred to amicable mediation. If unresolved, either party may seek arbitration under the Arbitration and Conciliation Act, 1996. The arbitration will be held in Surat, Gujarat. Nothing in these Terms affects your rights to pursue remedies under the Consumer Protection Act, 2019, or other statutory consumer forums.

17. Grievance Redressal

In compliance with the Consumer Protection (E-Commerce) Rules, 2020, we have appointed a Grievance Officer for handling consumer complaints. You can contact our Grievance Officer at:

• Email:  grievance@cowberry.com

• Phone:  180012128000 [Toll Free] (10 AM – 6 PM, Mon–Sat)

• Address:   Block No. 530, Vill. Umbhel, Hari Pura Patiya, NH-48, Surat, Gujarat-394325, INDIA

Our Grievance Officer will acknowledge your complaint within 48 hours and aim to resolve it within one month of receipt, as required by law.

18. Acknowledgment

By using this Site or placing an order, you acknowledge that you have read, understood, and agreed to these Terms & Conditions. You accept that electronic acceptance (e.g., clicking “Agree”) constitutes a legally binding contract between you and COWBERRY under the Information Technology Act, 2000.