Term of Services
The Company provides the goods and services to you subject to the T&C.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE T&C, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN THE COMPANY AND YOU. IF YOU VISIT, USE, OR SHOP AT THE SITE (or any future site operated by the COMPANY, YOU ACCEPT THESE T&C. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE SERVICES OF THE COMPANY OR VISIT OR PURCHASE FROM ANY BUSINESS AFFILIATED WITH THE COMPANY OR THIRD PARTY VENDORS, WHETHER OR NOT INCLUDED IN THE SITE, YOU ALSO WILL BE SUBJECT TO THE GUIDELINES AND CONDITIONS APPLICABLE TO SUCH SERVICE OR MERCHANT. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH GUIDELINES AND CONDITIONS, SUCH GUIDELINES AND CONDITIONS WILL CONTROL.
By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below.
You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases.
The Site takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant and/for some services or activities that involve potential bodily harm (such as rock climbing, etc), and for those activities, the Company takes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing those services.
To read the complete Terms and Conditions, please see below.
1. Description of Services
In the Site, biofreshherbals.com provides users with access to sales of luxury and high fashion items online, leather goods and accessories, electronic gadgets, vouchers and coupons (the "Service").
This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the T&C hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms.
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.
5. License and Site Access
biofreshherbals.com grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in biofreshherbals.com’s sole discretion) an unreasonable or disproportionately large load on biofreshherbals.com’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by biofreshherbals.com to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by biofreshherbals.com.
6. Membership Eligibility
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by biofreshherbals.com for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms of clause 11 below. Additionally, users are prohibited from selling, trading, or otherwise transferring your biofreshherbals.com account to another party. If you do not qualify, you may not use the Service or the Site.
The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
7. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or biofreshherbals.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, biofreshherbals.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify biofreshherbals.com immediately of any unauthorized use of your account or any other breach of security. biofreshherbals.com reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
8. Pricing Information in case of sale by biofreshherbals.com
We strive to provide you with the best prices possible on products and/or services you buy from biofreshherbals.com, however, biofreshherbals.com does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to biofreshherbals.com’s pricing policy and the prices shall be determined only at biofreshherbals.com’s sole discretion.
While biofreshherbals.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, biofreshherbals.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. biofreshherbals.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that biofreshherbals.com accepts your order the same shall be debited to your credit card account. The payment may be processed prior to biofreshherbals.com’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the Customer(s) under the Cash on Delivery (“COD”) option.
9. Cancellation by biofreshherbals.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by biofreshherbals.com).
10. Cancellations by the Customer
In case of requests for order cancellations, biofreshherbals.com reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. biofreshherbals.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by biofreshherbals.com and accept biofreshherbals.com's decision regarding the cancellation. In the event of cancellation of order by the customer biofreshherbals.com shall not refund the voucher, if any used against such order.
11. Fraudulent /Declined Transactions
Our fraud detection team constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and biofreshherbals.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. biofreshherbals.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, biofreshherbals.com reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, biofreshherbals.com shall owe no liability for any refunds. The user can view all vouchers issued to them under the “My Basket” section after making selection of the minimum purchase value.
12. Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on biofreshherbals.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to biofreshherbals.com. Further the said information will not be utilized and shared by biofreshherbals.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. biofreshherbals.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
13. Submitted Content
biofreshherbals.com does not claim ownership of any materials you make available through the Site. At biofreshherbals.com’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant biofreshherbals.com a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
14. Disclaimer of Warranty
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY biofreshherbals.com. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISED AGAINST RESPECTIVE MANUFACTURER/SUPPLIER AND NOT biofreshherbals.com IN ANY CASE WHATSOEVER. biofreshherbals.com DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN biofreshherbals.com, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL biofreshherbals.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT biofreshherbals.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF biofreshherbals.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, SALE AND SUPPLY OF GOODS CONTENT OR ANY RELATED/UNRELATED SERVICES AND OTHER SERVICES OFFERED ON THE WEBSITE FROM TIME TO TIME.
You agree to indemnify and hold biofreshherbals.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party.
17. Electronic Communication
When you use the Site or send emails to biofreshherbals.com, you are communicating with biofreshherbals.com electronically. You consent to receive communications from biofreshherbals.com electronically. biofreshherbals.com will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
18. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. biofreshherbals.com is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, biofreshherbals.com may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. (ii) Advertisements or solicitations of any kind. (iii) Impersonate others or provide any kind of false information. (iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references. (v) Messages by non-spokesperson employees of biofreshherbals.com purporting to speak on behalf of biofreshherbals.com or containing confidential information or expressing opinions concerning biofreshherbals.com. (vi) Messages that offer unauthorized downloads of any copyrighted or private information. (vii) Multiple messages placed within individual folders by the same user restating the same point. (viii) Chain letters of any kind. (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using biofreshherbals.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because biofreshherbals.com has no control over such sites and resources, you acknowledge and agree that biofreshherbals.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that biofreshherbals.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
20. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
21. Modifications and Notification of Changes
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of biofreshherbals.com and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of biofreshherbals.com or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. User hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The price of our merchandise is inclusive of the VAT. The vat charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. biofreshherbals.com reserves the right to collect taxes for shipping charges wherever applicable.
27. Duration of Sale
Each sale shall last from 24 to 72 hours only and the time of beginning of the sale is 1100 hours IST. Therefore, it is the customer’s responsibility to login earlier if they want to avail better products or styles because biofreshherbals.com sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be given and we will alert you only when an item is sold out.
24. Returns and Exchange
You acknowledge that these terms of returns and exchange are limited to direct sale by biofreshherbals.com to you and that these terms of returns and exchange are not available in case of a sale by third party and invoice which shall be governed by the terms of such sale. biofreshherbals.com may accept returns on apparel and footwear for account credit only. For this purpose biofreshherbals.com must receive the merchandise within 14 days from the date it was shipped to you. Items must be unused, unworn, unwashed and undamaged by you. Goods will be returned only if they are returned in their original packaging, including: hangers, poly bags, hang tags on garments, shoe boxes, dust bags, eye glass cases and gift boxes. No returns, refunds or exchanges will be accepted on Accessories, Beauty and Fragrances, Home Décor, Handbags, Hosiery, Intimates, Jewellery, Leather Goods, Swimwear, Sunglasses, Vintage, Wallets and Watches as these items are for final sale only. We do not provide refund on any goods sold. Goods once sold can only be exchanged for replacement or a store credit if they meet our terms and conditions. Since we keep limited inventory and do not always have all sizes available and under such circumstances the amount paid by you can be used by you whenever you shop with us next time. All conditions applicable to return of goods shall also apply to exchange of goods. To return an item, the customer must write to us at email@example.com, a prompt response is assured to such mails. Alternatively, the customer may even call at our customer care number +9810031722 which remains open 10am-7pm IST On all 7 DAYS. If you are not satisfied with the product received by you for any reason you may have the option to exchange and at the sole discretion of biofreshherbals.com receive a refund. biofreshherbals.com is not liable for any damages caused to the Product during transit.
Our terms and conditions pertaining to returns and exchange can be accessed through the following link and we hereby assume that the same has been read and agreed by you.
biofreshherbals.com endeavours but does not guarantee to deliver the products to customers within 3-4 weeks from the day of close of sale depending upon the shipping location. biofreshherbals.com works with different type of suppliers (Manufacturers, distributors, importers etc.) and the delivery time to customers is subject to delivery of products from supplier to biofreshherbals.com. Other factors include delay in delivery through the courier partner, transporters’ strike etc. biofreshherbals.com reserves the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if biofreshherbals.com fails to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, biofreshherbals.com may at its discretion charge you for the additional shipping cost. Our terms and conditions pertaining to the delivery of the Products can be accessed through the following link and we hereby assume that the same has been read and agreed by you.
Further, biofreshherbals.com may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following: (i) unavailability of the relevant product; (ii) failure of the concerned manufacturer/supplier/importer to deliver relevant product to biofreshherbals.com; (iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and (iv) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages, monetary compensation, redeemable vouchers and/or store credits.
In case biofreshherbals.com is unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Customer(s) under the Cash on Delivery ("COD") option.
26. Termination and Survival of Terms after Agreement Ends
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time biofreshherbals.com may offer special promotional offers which may or may not apply to your biofreshherbals.com account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by biofreshherbals.com. This T&C and the relationship between you and biofreshherbals.com will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. The failure of biofreshherbals.com to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. biofreshherbals.com does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and biofreshherbals.com and governs your use of the Site, superseding any prior agreements between you and biofreshherbals.com with respect to the Site.