Terms and Conditions
By accessing and using this online shop, you hereby agree to be bound by the following terms and conditions including all the policies mentioned hereunder (hereinafter referred to as the “Terms & Conditions”). In case you do not accept to be bound by these Terms & Conditions, you may not use this Online Shop including any services provided hereunder.
1. The Online Shop
1.1. This online shop accessible on https://shop.agria.mu (hereinafter referred to as the “Online Shop”) is owned and operated by AGRIA Limited, a company having its registered office at No 5, President John Kennedy Street, Port Louis and bearing Business Registration Number C06000033 (hereinafter referred to as “the Company”).
1.2. The Terms & Conditions apply to any person visiting the Online Shop, submitting any order and/or purchasing any products from the Online Shop (hereinafter referred as “you” or “the Customer”).
1.4. The Company reserves the right to amend these Terms & Conditions at any time at its sole discretion. You are recommended to read and acknowledge these Terms & Conditions each time you access the Online Shop.
2. Capacity to contract
2.1. You must be at least 18 years old to place any order and/or register with the Online Shop. You warrant that you have the required age and legal capacity to enter into and be bound by a contract to make any online purchase on the Online Shop.
3. Registration and Login
3.1. You are free to browse and place any order on the Online Shop without registration. Registration is optional.
3.2. On registration, you shall be required to provide certain personal details. A password shall be automatically generated and communicated via email. Your username shall be your email address. You hereby agree to keep at all times your password safe and confidential. You shall be fully responsible for all activities that occur under your account and/or through the use of your password. In case you forget or lose your password, the password can be reset online. You are recommended to use all precaution with automatic sign-in. You must immediately notify the Company of any unauthorised use of your username and/or password or any other breach of security.
4.1. On the Online Shop, the Company offers ready-made vegetable baskets and other products (hereinafter referred to as “the Products”). The Products are produced by the Company following good agricultural practices and smart agriculture principles. The pictures of the Products on the Online Shop are non-contractual.
4.2. The prices of the Products on the Online Shop include the delivery fee and any applicable value added tax (VAT). The Company reserves the right to modify the prices at any time but guarantees that the price applicable will be the one at the time of the submission of order.
5.1. To place an order, you shall provide the following details: name, surname, email address, phone number, postal address, any additional information. You are solely responsible for the correctness and accuracy of all information provided.
5.2. There is no minimum order requirement, unless expressly provided otherwise.
5.3. A confirmation of your order shall be sent by email with your order number and details of payment.
5.4. Products are subject to availability and prevailing market conditions. The Company may limit the quantities of the Products to be ordered per customer if in its opinion, the quantity ordered may jeopardise the availability for other customers. In the event of non-availability of the Products ordered, the Company will offer a reasonable substitute.
5.5. The Products sold are not exchangeable and non-refundable. The Products are perishable and shall be adequately stored in a dry, clean and cool place.
6.1. All payment shall made in advance by bank transfer. The bank details of the Company shall be communicated to you in the order confirmation email.
6.2. When proceeding with the bank transfer, you shall include the “order number” in the transaction reference.
6.3. A receipt of payment shall be sent by email.
7.1. The delivery of the Products shall be effected within 2 days (excluding weekends and public holidays) as from the date of receipt of the payment and at the delivery address specified in the order. The delivery company shall contact you directly to confirm the delivery date and time.
7.2. Should the Company not be in a position to deliver your order within the given time-frame, the Company shall contact you immediately and inform you when the delivery shall take place.
7.3. If no person is at the specified address or you are unreachable by phone when the delivery is attempted, the Products shall be retained by the Company. The Company shall then re-arrange delivery and an additional delivery fee may apply. On re-delivery, the Company shall delivery the Products ordered as is and does not warrant the freshness of the Products.
8. Amendment and Cancellation of Orders
8.1. Orders can only be amended or cancelled by calling the Customer Support Team on (230) 623 5068 or sending an email on email@example.com within 24 hours from submitting the order.
9. Privacy and Personal Data
9.1. The Company undertakes to ensure that your personal data are protected and to treat your personal data in compliance with the Data Protection Act 2017 and any applicable laws.
9.4. The Company may further use and process your personal data to allow you to place an order on the Online Shop, to process your order, to create a user account, to answer your requests, to communicate with you, to advertise, to improve and enhance the Online Shop and to personalise your future shopping experience.
9.5. The Company uses the services of third-party providers to perform the services of the Online Shop. The Company may share your relevant personal data with these authorised third party to perform these tasks on the Company’s behalf. Transfers of your personal data to the Company’s service providers are in accordance with the existing legislation and are subject to an adequate level of data security.
11.1. By registering and accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from the Company. You can at any time request to unsubscribe from receiving any promotional advertisement.
12. Warranty and Liability
12.1. The Company makes no warranty that:
(i) the Online Shop will meet your requirements;
(ii) the Online Shop will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code; and
(iii) the quality of the Products, information or other material purchased or obtained through the Online Shop will meet your expectations.
12.2. The Company shall not be liable for the unavailability of the Online Shop and/or the Products.
12.3. The Company shall not be deemed to be in breach of the Terms and Conditions as a result of any delay in the performance or failure to perform its obligations in the event such a failure or delay is due to any cause or circumstance beyond its reasonable control, including but not limited to, fire, flood, cyclone, epidemic/pandemic, strikes, riot, road accident, disruption of energy supply, breakdown of equipment or any other act that constitutes a force majeure.
12.4. Whilst the Company takes reasonable precautions in its operations of the Online Shop, neither the Company nor its directors, shareholders, representatives, employees or officers shall assume any responsibility and be liable for any damages to or for viruses that may infect your computer equipment or other property on account of your access to, use of, browsing, or download of any material from the Online Shop.
12.5. The Company shall use its best efforts to screen or edit all the content available from the Online Shop to ensure that there is no illegal, defamatory or obscene content. You are encouraged to inform the Company of any content on the Online Shop that may be offensive or illegal. You hereby agree to hold the Company harmless from any claims arising thereof.
12.6. The Company shall not be held liable for any direct, indirect, incidental or consequential damages (including but not limited to any loss of profits, loss of revenue, loss of operation time, or loss of information or data) sustained by you as a result of your use of or inability to use the Online Shop.
13.1. You agree to indemnify, defend and hold harmless the Company and any of the Company’s parents, subsidiary, the directors, the shareholders, the employees, the representatives and agents, harmless from any claim (including reasonable legal fees) made by any third party due to or arising out of your breach of the Terms and Conditions.
14. Use and Access
14.1. You undertake to use the Online Shop ethically. You are strictly prohibited from using the Online Shop for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.
14.2. You may only download, view and print the material found on the Online Shop for your own personal use and for non-commercial purposes. You may not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Online Shop.
14.3. The Company may, at its sole discretion, amend, suspend, withdraw or discontinue any aspect, feature, Products or information contained on the Online Shop. The Company may also impose limits on certain features and services or restrict your access to any or all the material of the Online Shop without notice or liability.
15. Intellectual Property Rights
15.1. All the content on the Online Shop, including but not limited to, trademark, patent, photographs, images, texts, graphics, icons, designs, logos, style names, slogans, (whether registered or unregistered) are owned by, licensed to the Company. The Company retains all rights associated with it. The re-publication or distribution of any content available on the Online Shop including by framing or similar means is prohibited.
15.2. The Company name and logo are trademarks of Company, and may not be copied, imitated or used, in whole or in part, without prior written permission.
16.1. Any customer complaints should be addressed to the Customer Support Team on (230) 623 5068 or at firstname.lastname@example.org
17. Modifications of the Terms and Conditions
17.1. The Terms & Conditions shall be effective as from the date on which they are published on the Online Shop. The Company reserves the right, at its sole discretion, to update, amend or replace any part of the Terms and Conditions. Any such amendments shall come into effect immediately and automatically.
17.2. The Company also reserves the right, in its sole discretion, to cease the operation of the Online Shop at any time and terminate the Terms and Conditions, with no liability or recourse to you.
18.1. If any term or provision of the Terms and Conditions is held to be illegal or unenforceable, the validity or enforceability of the remaining terms and provisions of the Terms and Conditions shall not be affected.
19. Governing Law
19.1. The Online Shop is hosted, controlled and operated from the Republic of Mauritius. The parties agree that these Terms & Conditions shall be governed by, construed and interpreted in accordance with the laws of Mauritius.
20.1. In the event of any claim, complaint or dispute arising out of or in connection with your use of the Online Shop, it shall be referred to the Customer Support Team on (230) 623 5068. Both parties undertake to first use all reasonable endeavours to amicably resolve all claims, complaints or disputes, failure of which all disputes shall be submitted to the exclusive jurisdiction of the courts of Mauritius.