Terms of service


 

OVERVIEW

Welcome to Chamunda Nursery (“Chamunda Nursery”, “we”, “us”, “our”). Chamunda Nursery operates this online store and website, including all related information, content, features, tools, products and services, to provide you with an online shopping experience for plants and gardening products (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”), together with our other policies referred to here (including our Privacy Policy and Refund & Return Policy), describe your rights and responsibilities when you use the Services. By visiting, browsing or purchasing from Chamunda Nursery, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access the Services.

SECTION 1 – ACCESS AND ACCOUNT

By using the Services, you represent that you are at least the age of majority under the laws of your state or country (for most places in India, 18 years) and that you have given consent for any minor dependents using the Services on devices you own or manage.

To place orders, you may be required to provide information such as your name, email address, phone number, billing details and shipping address. You confirm that all information you provide is accurate, current and complete and that you have the right to provide it. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not share, sell or transfer your account to any other person.

SECTION 2 – OUR PRODUCTS

Chamunda Nursery sells live plants, pots, soil and potting mixes, fertilizers, gardening tools, seeds and related products. We make every reasonable effort to display accurate images and descriptions of our products. However:

  • Colours, sizes and appearances may vary slightly due to the natural character of plants and because of differences in device screens and settings.

  • Each live plant is unique; height, number of leaves, flowers and growth stage may differ from photos or reference images.

We do not guarantee that any product will look exactly the same as shown in photos or meet every personal expectation. All product descriptions and prices are subject to change at any time without notice. We may discontinue or limit quantities of any product at our sole discretion and may restrict sales to any person, region or jurisdiction where necessary.

SECTION 3 – ORDERS

When you place an order with Chamunda Nursery, you are making an offer to purchase the selected products. We reserve the right to accept or decline any order at our discretion, for reasons including but not limited to: product unavailability, errors in price or description, payment issues or suspected fraud. Your order is accepted only when we confirm it and successfully process your payment.

Please review your cart carefully before checkout. Once an order is placed, we may not be able to modify or cancel it if processing has started. In case an order is cancelled or not accepted, we will attempt to notify you using the email, phone number or billing address you provided and process any applicable refund.

All purchases are subject to our Refund & Return Policy, which forms part of these Terms. You confirm that your purchases are for personal or household use and not for resale or export.

SECTION 4 – PRICES, TAXES AND BILLING

All prices shown on our website are in [insert currency, e.g., INR] and are subject to change without notice. The price charged for your order is the price displayed at the time you place the order, as confirmed in your order confirmation email. Unless clearly stated, prices do not include any applicable taxes, shipping charges, COD fees, customs duties or other charges. These will be added at checkout where applicable.

Prices on our online store may differ from prices at any physical location or on other platforms where Chamunda Nursery products may be sold. We may periodically offer discounts, coupon codes or promotions, each governed by its own terms. If there is a conflict between promotion-specific terms and these Terms, the promotion terms will apply for that offer.

You agree to provide accurate and complete billing and payment information and to promptly update such information (including email address, phone number and payment details) as needed so that we can complete your transactions and contact you. By submitting payment details, you represent that you are authorized to use the payment method and that you will pay all charges incurred at the posted prices, including applicable taxes and shipping fees.

SECTION 5 – SHIPPING AND DELIVERY

We currently ship to the locations listed on our website or at checkout. Estimated delivery times provided on product pages or during checkout are only estimates and are not guaranteed. Delays may occur due to courier issues, weather, festivals, strikes or other circumstances beyond our control.

Once an order is handed over to the courier, ownership and risk of loss or damage pass to you, except where otherwise required by law. Chamunda Nursery is not responsible for delays caused by third‑party shipping partners, customs authorities or events outside our reasonable control. However, we will assist you in tracking shipments and coordinating with the courier where possible.

Please inspect your package on delivery and follow our Refund & Return Policy for reporting damage or issues within the specified time.

SECTION 6 – INTELLECTUAL PROPERTY

All content and materials available through the Services – including but not limited to the Chamunda Nursery name and logo, text, product descriptions, photos, graphics, icons, videos, audio clips, design and layout – are the property of Chamunda Nursery or its licensors and are protected by applicable intellectual property laws.

You may use the Services and view the content only for your personal, non‑commercial use. You may not copy, reproduce, distribute, modify, create derivative works, publicly display, publish, or otherwise exploit any content from the Services without our prior written permission, except as allowed under applicable law. No rights or licenses are granted to you in any trademarks, logos or other intellectual property owned by Chamunda Nursery, Shopify or any third party.

SECTION 7 – OPTIONAL TOOLS AND THIRD‑PARTY SERVICES

Our website may provide access to tools, apps or services operated by third parties (such as payment gateways, shipping providers, review platforms or social media widgets). These third‑party tools are provided “as is” and “as available” without any endorsement or warranty from us.

Your use of any such third‑party tools, websites or services is entirely at your own risk and is governed by the terms and privacy policies of those third parties. Chamunda Nursery is not responsible for any loss, damage or other liability arising from your use of third‑party tools or links.

SECTION 8 – RELATIONSHIP WITH SHOPIFY

Chamunda Nursery is powered by Shopify, which provides the e‑commerce platform that allows us to sell products and services to you. However, all sales and purchases through this store are solely between you and Chamunda Nursery.

By using the Services, you acknowledge that Shopify is not responsible for any issues arising from your orders, payments, deliveries or use of our products. You agree that any claims related to your purchases are to be brought against Chamunda Nursery, not Shopify.

SECTION 9 – PRIVACY

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use and protect your personal information. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy and acknowledge that certain information will also be processed by Shopify and other service providers in order to operate the store.

Please review both our Privacy Policy and Shopify’s privacy policy to understand how your data is handled.

SECTION 10 – FEEDBACK, REVIEWS AND USER CONTENT

If you submit any reviews, photos, ideas, suggestions, feedback or other content to us (collectively, “Feedback”), you grant Chamunda Nursery a worldwide, royalty‑free, perpetual license to use, reproduce, modify and display such Feedback for purposes such as improving and promoting our products and Services.

You confirm that you own or have all necessary rights to any Feedback you provide and that your content does not violate any law or rights of others. Chamunda Nursery may, but is not obligated to, monitor, edit or remove content that it considers inappropriate, offensive or in violation of these Terms. You are solely responsible for the accuracy and legality of any Feedback you submit.

SECTION 11 – ERRORS, ACCURACY AND AVAILABILITY

Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies or omissions, including about product descriptions, pricing, availability, shipping charges or offers. We reserve the right to correct any such errors, update information or cancel orders if any information is inaccurate at any time, including after an order has been submitted.

We do not undertake any obligation to update or clarify information except as required by law.

SECTION 12 – PROHIBITED USES

You may use the Services only for lawful purposes. You agree not to:

  • Use the Services for any illegal or unauthorized purpose.

  • Violate any applicable laws or regulations.

  • Infringe our intellectual property rights or those of others.

  • Harass, abuse, insult, harm, defame, intimidate or discriminate against any person.

  • Upload or transmit viruses, malware or any code that could affect the operation of the Services.

  • Attempt to gain unauthorized access to any part of the website, accounts or systems.

  • Use the Services to send spam or unsolicited messages.

We reserve the right to suspend or terminate your access to the Services if we believe you have violated these Terms or engaged in harmful or unlawful behaviour.

SECTION 13 – TERMINATION

We may, at any time and without prior notice, limit, suspend or terminate your access to the Services, in whole or in part, if we believe you have breached these Terms or if we decide to discontinue the Services. You will remain responsible for all charges incurred up to the date of termination.

Sections of these Terms that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification and Governing Law) will continue to apply.

SECTION 14 – DISCLAIMER OF WARRANTIES

The Services and all products offered through the website are provided on an “as is” and “as available” basis. While we try to keep information up to date and accurate, we do not guarantee that the Services will be uninterrupted, timely, secure or error‑free, or that product descriptions or other content are complete or current.

To the fullest extent permitted by law, Chamunda Nursery disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non‑infringement. You use the Services and purchase our products at your own risk.

SECTION 15 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, Chamunda Nursery and its owners, employees, partners and service providers shall not be liable for any indirect, incidental, special or consequential damages arising out of or related to your use of the Services or products, including but not limited to loss of profits, data, goodwill or other intangible losses.

Our total liability for any claim relating to the Services or our products will not exceed the amount you actually paid for the specific order giving rise to the claim. Some jurisdictions do not allow certain limitations of liability; in those cases, these limitations will apply only to the extent permitted by law.

SECTION 16 – INDEMNIFICATION

You agree to indemnify and hold harmless Chamunda Nursery and its owners, employees, partners and service providers from any loss, damage, claim or expense (including reasonable legal fees) arising out of your breach of these Terms or your violation of any law or rights of a third party.

SECTION 17 – SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable under applicable law, that provision will be enforced to the maximum extent