The Nutrio market platform is not for the use to a persons who is minor i.e. under the age of 18 (Eighteen). By accepting the T&Cs or by otherwise using the Nutrio Marketplace, you declare that you have completed 18 years of age or above. You declare that you have the right, authority and eligibility to enter into this Agreement legally and abide by all the T&Cs as part of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. In the event of any violation we reserve the right to suspend you and you shall be responsible for consequences arising thereof.
Marketplace Terms and Conditions:
The T&Cs set out below are applicable to and binding on you in conjunction with the general T&Cs. Even if such term or condition is not specifically enlighten herein below shall be binding which are regulated for proper functioning of services.
Nutrio provides online marketplace services, where merchandises are displayed their products online by the various registered merchants hereinafter referred to as Merchants for sale and you can purchase the same on the Marketplace Terms as well as T&Cs in general. The actual contract for sale is directly between the Merchant and you. Nutrio provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. Nutrio may help and facilitate the resolution of disputes through various modes. Nutrio has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. Nutrio does not take ownership of product at any point of time during any transaction between buyer and Merchant or seller any of the goods offered to sell. Nor does Nutrio, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:
- Facilitator: Nutrio makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. Nutrio is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
- Delivery: Nutrio may offer delivery services through its logistics/courier partners available time to time.
- Warranty: Nutrio is not a warrantor of the products/ services being offered on the nutrio.in by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that Nutrio gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are advised to take care before purchasing such products or availing such services.
- Offered price: The price of products offered on the nutria is MRP, retail price, sale price, and discounted price as offered by our Merchant partner. Nutrio does not either directly or indirectly influence the price of the products offered by the Merchant partner. Nutrio is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Nutrio Marketplace. Nutrio is just a platform that facilitates sales for its Merchant partners. Nutrio will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
i) Cancellation by Nutrio Marketplace: There may be certain orders that nutria Marketplace’s Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, problems identified by Nutrio Marketplace credit and fraud avoidance department or due to any major technical snag. Nutrio Marketplace 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 or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Nutrio Marketplace.
ii) Cancellation by the customer: In case of requests for order cancellations, Nutrio Marketplace reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Nutrio Platform receives a cancellation notice and the order has not been processed/ approved by Nutrio, Nutrio Platform shall cancel the order and refund the entire amount to you instantly. Nutrio Platform will not be able to cancel orders that have already been partially or fully processed. Nutrio Platform has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by Nutrio Marketplace and accept Nutrio Marketplace decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, refund shall be made subject to the return process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.
- Bulk order: Nutrio Platform reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Nutrio Marketplace as per certain criteria. Any Nutrio Marketplace promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with any of the below mentioned criteria, which includes but is not limited to:
a. Products ordered are not for self-consumption but for commercial resale;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
Promo codes shall be subject to specific terms and conditions, from time to time, and Nutrio Marketplace may disallow usage which breaches such terms and conditions.
- Delivery of the Product: Your shipping address and pin code will be verified with the database of Nutrio Platform for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by our logistics partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Nutrio Platform, in such cases Nutrio Platform will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, Nutrio Platform would endeavor to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses. Products shall be delivered by the Courier Partner at the address given by the customer while making the purchase and Nutrio Platform shall be not be held responsible in case the address shared was incorrect.
- Return Policy
a. In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.
b. Upon receiving your complaint, Nutrio Platform shall verify the authenticity and the nature of the complaint. If Nutrio Platform is convinced that the complaint is genuine, Nutrio Platform will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, Nutrio Platform reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Nutrio Platform in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and Nutrio Platform shall not in any manner be held liable for the same.
c. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, Nutrio Platform requests you to refuse to accept delivery and inform Nutrio Platform at the earliest. The return process of the product may be restricted by Nutrio Platform depending on the nature and category of the product.
d. In order to return any products sold through the Nutrio Platform Platform, you are required to comply with the following conditions:
i. For non-damaged/ non-defective product, you shall be allowed to return the product within the time frame displayed on website at the time of purchase;
ii. Please notify Nutrio Platform of receipt of damaged/ defective product within 48-hours of delivery to you. If you are unable to do so within 48-hours, Nutrio Platform E- commerce/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
iii. Nutrio Platform will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Nutrio Platformis unable to do so, Nutrio Platform will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Nutrio Platform;
iv. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.;
v. Nutrio Platform offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize Nutrio Platform to place the return shipping costs on your invoice;
vi. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
vii. The returned products are subject to verification and checks by Nutrio Platform in order to determine the legitimacy of the complaint/ return;
viii. In the event the return of a product is duly accepted by Nutrio Platform, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, as adjusted with any credits/discount/offers, will be refunded to you. Refund will be processed based on the mode of payment and Nutrio Platform will credit your refunds directly into Nutrio Platform Wallet account/source of payment. Refunds will be subject to the following:
a. Orders paid online will be refunded instantly through the Nutrio Platform Wallet/source of payment;
b. For Cash on Delivery payments also the amount will be refunded into your Nutrio Platform Wallet/source of payment;
c. You can trigger a request in your Nutrio Platform Wallet to transfer the money from your Nutrio Platform Wallet to your bank account, subject to any applicable terms. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy. If for any reasons, amounts cannot be returned to your wallet, they will be returned through other modes, subject to you providing the necessary information and cooperation, to Nutrio Platform.
ix. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Nutrio Platform.
- Acceptance: By accepting the Marketplace Terms here and the T&Cs in general, you accept that Nutrio Platform may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the Nutrio Platform Marketplace Service/Nutrio Platform or to any such number/e-mail address replaced and informed by you subsequently.
- Content: Content on the Nutrio Platform is displayed on “AS IS” basis, in the form received from the Merchants. While Nutrio Platformtries to offer reliable data, Nutrio Platform cannot promise that the catalogues will always be accurate and up-to- date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
- Limitation of liability and waiver: In no event, Nutrio Platform or its affiliates will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement/T&C; (ii) the Nutrio Platform Marketplace Services, the Nutrio Platform or any reference site/app/platform/service; or (iii) your use or inability to use the Nutrio Platform Marketplace Services, the Nutrio Platform(including any and all materials) or any reference sites/app/platform/service, even if Nutrio Platform or a Nutrio Platform authorized representative has been advised of the possibility of such damages. In no event, Nutrio Platform or any of its affiliates will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the Nutrio Platform Marketplace Services, the Nutrio Platformor any reference site/app/platform/service; or (iii) your use or inability to use the Nutrio Platform Marketplace Services, the Nutrio Platform(including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with Nutrio Platform, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Nutrio Platform Marketplace Service or the Nutrio Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees Five Thousand only), whichever is less. You acknowledge and agree that Nutrio Platform has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Nutrio Platform, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Nutrio Platform. Nutrio Platform would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Nutrio Platform’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, and the Marketplace Terms.
- Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any Nutrio Platform Marketplace Service or the Nutrio Platform Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Nutrio Platform may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Nutrio Platform in accordance with the Act. The seat of the arbitration shall be Hyderabad , Telangana state and the language of this arbitration shall be English. Either you or Nutrio Platform may seek any interim or preliminary relief from a court of competent jurisdiction in Hyderabad necessary to protect the rights or the property belonging to you or Nutrio Platform(or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Nutrio Platform may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Nutrio Platform. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
- Jurisdiction: Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Nutrio Platform must be resolved by a court having jurisdiction in Hyderabad, Telangana State, India. You agree to submit to the personal jurisdiction of the courts located within Hyderabad, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
*Quick Response (“QR”) Code based sales through Merchant’s
1. Order processing mechanism:
i. Customer physically visiting the Store will choose the product and scan the QR code through ‘Nutrio Platform Mall’ mobile application to initiate the sale transaction.
ii. Customer shall apply the promo code as displayed to the Customer on Nutrio Platform mobile application upon his/her choice of this payment method, on the Platform and on successful application of the same, the Customer will get a pick up code.
iii. Merchant shall confirm the pick up code with the Customer.
iv. Merchant shall physically deliver the product to the Customer by hand together with invoice. There will be no role of Nutrio Platform or any courier partner.
2. Customer shall have the option of making the payments for such products through wallet/Payment Gateway/Cash.
3. Merchant shall complete the sale transaction upto full satisfaction of the customer and Nutrio Platform shall not be liable or responsible at all.
4. In cases of sales through QR code, products will be non-returnable, non- cancelable through Nutrio Platform and all Customer’s concerns/queries/disputes like non- delivery/return/refund/replacement/repair/exchange/warranty/guarantee/us age etc. shall be resolved by the Merchant directly with the Customer. Nutrio Platform shall not be held liable in any case.
5. It shall be the responsibility of the Merchant to make the Customer aware of its various applicable policies like return/ refund/ replacement/ repair/ exchange/ warranty/ guarantee/ usage etc. and also to make the same as part of the invoice.
NOTE: Nutrio Platform reserves the right to modify these T&Cs from time to time, with or without notice of the same. Hence, you are requested to keep yourself updated for any change in T&Cs.