Customer Agreement

Welcome to Sikkim Farms!

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

This Customer Agreement (the “Agreement”) is an agreement between you and Sikkim Farms, or its affiliates (“Sikkim Farms”) that states the terms and conditions under which you may use our website (the “Site”), our mobile applications (each an “App”) (the Site and Apps are collectively, “Platform”) and receive Sikkim Farms service, which includes processing and delivery (or arranging for delivery) of product orders (the “Sikkim Farms Service”). Your use of the Sikkim Farms Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Platform or the Sikkim Farms Service.

Sikkim Farms Satisfaction Guarantee

All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via e-mail at ssupport@sikkimfarm.com or log into your account and send us a message from the “Contact Us” section of the Platform. For grocery or perishable products, you have up to seven (2) days after delivery, or until the expiration date printed on the product — whichever is earlier — to contact us about the products. For frozen products, you have up to Ten (10) days after delivery to contact us about the products. Sikkim Farms may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit voucher.

1. Sikkim Farms Service – Managing Your Orders

1.1. Ordering through the Platform. Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. Delivery timeslots are available on a first-come first-served basis. To view delivery and cutoff times, visit the Delivery Info section of the Platform. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items.

You may cancel orders via the “Your Account” section of the Platform or by contacting our Customer Service Department at support@sikkimfarms.com. Please see the “Contact Us” section of the Platform for Customer Service hours.

1.2. Price, Availability and Substitutions. Sikkim Farms strives to provide you with great prices compared to the competition near your delivery address, and certain items may be priced differently depending on your last delivery address or the address you choose before placing items in your cart. We receive fresh products every day to assure you the highest quality. Due the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that’s very similar to the item you ordered, we reserve the right to make item substitutions. If you’re not happy with the substitution, please email us at support@sikkimfarms.com. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per rupee/paisa (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your payment method will not be charged.

Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.

1.3. Delivery Fee. A delivery fee may be added to your order. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.

1.4. Variable Weight Orders. Because many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per rupee/paisa indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery.

1.5. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.

1.6. Cancellations. Cancellation of orders after the required cutoff time will result in a restocking fee equal to the sum of (a) 100% of the total rupee amount of your perishable items (since many of our perishable items are individually prepared) plus (b) 25% of the total rupee amount of your nonperishable items.

2. Sikkim Farms Service – Payment

We accept online payments through all major credit & debit cards, NEFT, Pay TM Wallet and. The payment has to be made in India Rupees, as per the final invoice

3. Sikkim Farms Service – Delivery

3.1. Delivery of Products. Sikkim Farms uses refrigerated trucks with freezer compartments to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.

3.2. Delivery Requirements. To receive delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery (Rs 50 redelivery fee may apply) for the same day. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a cancellation fee as described above.

3.3. Unattended Delivery. In certain areas, Sikkim Farms may offer unattended delivery. If available in your area, this option is contained in the “Delivery” section of “Your Account” on our Platform. If you select the unattended delivery option, you, and not Sikkim Farms, are solely responsible for products that are left at your delivery location.

3.4. Limits and Adjustments to Delivery. Sikkim Farms delivers case sizes of a variety of different goods, including but not limited to alcohol beverages. Given the heavy weight of some of these products, and our concern for the health and safety of our personnel, we have purchase limits on a variety of these items on our Platform.

3.5. Invoices. You will receive an email invoice the day of your delivery. All of your order invoices are available in the “Your Account” section of our Platform. If something is missing from your order, please contact our Customer Service department via our Customer Inquiry e-mail form.

3.6. Inclement Weather and Unforeseen Delivery Complications. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. We will never deliver an order past 9:30 PM without your consent. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.

3.7. Tips. Sikkim Farms delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so if exceptional service is provided by the delivery personnel.

5. Access to the Sikkim Farms Service

5.1. ID Number and Passwords. Access to the Platform is accomplished by creating an account through the use of a user name and a password that you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name password and all use or charges incurred from use of the Sikkim Farms Service with your password. You agree to notify Sikkim Farms promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Sikkim Farms Service until you notify Sikkim Farms.

5.2. Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account to access the Sikkim Farms Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and authorized representative for your order. You can update your information in the “Your Account” area on our Platform or contact our Customer Service department. Please do not send Card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Sikkim Farms, and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.

5.4. Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Platform and use of the Sikkim Farms Service, to understand our practices.

6. Warranty Disclaimer; Limitation of Liability; Indemnification

6.1. YOU EXPRESSLY AGREE THAT USE OF THE SIKKIM FARMS, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SIKKIM FARMS SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SIKKIM FARMS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SIKKIM FARMS SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SIKKIM FARMS SERVICE; SIKKIM FARMS DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. SIKKIM FARMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE SIKKIM FARMS SERVICES. SIKKIM FARMS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

6.2. NEITHER SIKKIM FARMS NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “SIKKIM FARMS PARTIES”) SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE SIKKIM FARMS SERVICE, OR THE INTERNET. SIKKIM FARMS’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SIKKIM FARMS SERVICE AND TO TERMINATE THIS AGREEMENT. SIKKIM FARMS RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6.3. The material in the Platform is provided for lawful purposes only. Sikkim Farms operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

6.4. You agree to defend, indemnify, and hold Sikkim Farms Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney’s fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.

7. Mandatory, Bilateral Arbitration.

7.1. Please read this carefully. It affects your rights. YOU AND SIKKIM FARMS AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, THE PLATFORM, OR THE SIKKIM FARMS SERVICE SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to arbitrate is intended to be broadly interpreted or any other statute, regulation, or legal or equable theory.

8. General Terms

8.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Sikkim Farms may suspend or terminate this Agreement or the Sikkim Farms Service or remove or disable access to any portion of the Sikkim Farms Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Sikkim Farms Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Sikkim Farms reserves the right to collect fees and charges incurred before you cancel your Sikkim Farms Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

8.2. Notices. Sikkim Farms may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the “Your Account” section of the Platform. You may give notice to Sikkim Farms by e-mail (as specified in the “Help” section of the Platform), or by conventional mail to Sikkim Farms

Attention: CUSTOMER SERVICE

8.3. Entire Agreement. This Customer Agreement, the Platform Terms of Use, and the Privacy Policy referred to herein represent your entire agreement with Sikkim Farms regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Sikkim Farms, and Sikkim Farms Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Sikkim without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Sikkim Farms or relating in any way to your use of the Service or the Platform resides state courts of Sikkim and you further expressly consent and agree to personal jurisdiction by the state sitting in the State of Sikkim in connection with any such dispute, including any claim involving Sikkim Farms Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.

8.4. Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Sikkim Farms Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Sikkim Farms Service.

8.5. Amendment. Sikkim Farms may amend this Agreement at any time by posting the amended terms on our Platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.

ADDITIONAL TERMS FOR SIKKIM FARMS CORPORATE SERVICES CUSTOMERS ONLY

This section applies to Sikkim Farms Corporate Services Customers only; if any terms in this section are inconsistent with any terms above, the terms of this section shall apply with respect or Corporate Services Customers. All other terms of the Customer Agreement, above, apply to Corporate Services Customers.

9. Sikkim Farms

9.1. Ordering through the Platform. Delivery is available on most non-holiday weekdays; check the Delivery Info page for exact delivery dates. Orders must be received before the posted cutoff time for a given delivery. Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. You can modify an existing order (including the addition or deletion of items, a change in the time or delivery date, and the cancellation of your order) via the Platform (in the “Your Account” section) up until the posted cutoff time for that delivery.

9.2. Delivery Requirements. To receive delivery, your requested delivery destination must be in a commercial building where Sikkim Farms is permitted to make deliveries and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. Sikkim Farms reserves the right to limit deliveries to the lobby or main entrance of your commercial building. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you and the authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for that day. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a restocking fee as described above.

10. Access to the Sikkim Farms Service

ID Number and Passwords. Access to the Sikkim Farms Service is accomplished through the use of a user name and a password that will be issued to you upon registration. If you are a Corporate Services customer, before your registration is complete, Sikkim Farms may require verification of your address for delivery. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Sikkim Farms Service with your password. You agree to notify Sikkim Farms promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Sikkim Farms Service until you notify Sikkim Farms of the unauthorized use of your password.