TERMS AND CONDITIONS

Welcome to www.padmamnursery.com!

These terms and conditions outline the rules and regulations for the use of Padmam Nursery's Website, located at www.padmamnursery.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use www.padmamnursery.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of INDIA. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing www.padmamnursery.com, you agreed to use cookies in agreement with the Padmam Nursery's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Padmam Nursery and/or its licensors own the intellectual property rights for all material on www.padmamnursery.com. All intellectual property rights are reserved. You may access this from www.padmamnursery.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from padmamnursery.com
Sell, rent or sub-license material from padmamnursery.com
Reproduce, duplicate or copy material from padmamnursery.com
Redistribute content from padmamnursery.com

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Padmam Nursery does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Padmam Nursery,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Padmam Nursery shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Padmam Nursery reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Padmam Nursery a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Padmam Nursery; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Padmam Nursery. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Padmam Nursery's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Your purchase of products, terms and compensation

www.padmamnursery.com is an online sales platform of plants and allied products, which are sourced from different vendors with dedication and devotions. However, Plants are lives and has difference in their performance, growth and yields of their flowering and fruiting at customer place, may be due to external climatic conditions, weather, quality of water, soil, manure, watering system, exposure to light and sudden change in climate and other plant maintenance and hence we cannot hold our self responsible and cannot be disputed upon.

we take utmost care in cleaning,carefully packing and dispatching to customer point with dedication and devotion packed with love and affection and The actual size, shape, height, width, color, age and other specification will vary from plant to plant of same species or with same varieties and we cannot be charged or blamed since plants are not manufactured and we only sourcing from plant growers.

please note that, plants are identified by qualified and or experienced people involved in handling and packing for shipments. However we advice the buyers to specify and match the botanical name ( multiple sub species also available in each and every species ) with plant photos with the help of botanist before placing orders. Under no circumstances change or replacement of species dispatched is allowed or accepted. IT is the responsibility of the buyer to specify the sub species and botanical name for correct identification of plants which they want to buy and not by vernacular name.

www.padmamnursery.com cannot be held responsible for the yield of the plants sold or the pre germination balls for growth, sustainability, fruiting and or for flowering they produce as a matter of right or as a claim and the company can not assure or guarantee or warranty for any fruits or flowers or the time duration it takes for growth or maturity and so on.

www.padmamnursery.com uses different forums in promoting its products sold online, by displaying pictures with flowers and fruits are only for representation and for promotional purpose only and original plant varies may be in all aspects and no two plant of same variety are alike and also may vary and cannot be disputed upon.

The promotional and other offers used by www.padmamnursery.com is absolute discretion of the management and may vary from time to time and cannot be questioned or disputed.

You have to abide by the terms of company updated and changed from time to time and to strictly follow the advice and guidelines such as unpacking, planting and care, watering and other tips for better and lovely planting experience of our customers,

All necessary care , affection and systems followed in dispatching the plants to customers keeping in mind that we ship "life" and not just plants, however any loss during transit, damage etc., will be compensated considering the merit of the case and is the discretion of the management as follows

a). We give excellent care in packaging and our responsibility ceases at FOB point of logistic origin place, and any compensation or refund is only to the cost of purchased plant subject to maximum of Rupees 50/- INR per order or shipment for Indian buyers and Rupees 100/- INR for Global ( INTERNATIONAL ) buyers, as maximum, irrespective of any type of plant or cost of plant they spent for buying the plant or plants at the time of ordering, as compensation . It is the responsibility of buyer to cover the damages and loss of goods purchased during transit through necessary insurance and are advised as precaution. The responsibility of Transit loss or damages are the scope of buyer only, and hence they are advised to do all necessary insurance to protect their interest and cost.

our scope of delivery and responsibility ceases at FOB point at chennai or the origin point of shipping. The complimentary facilitation of arranging prepaid delivery mode to customer place of delivery, is only a promotional offer, and which cannot be claimed or disputed as a matter of right of buyer, and hence the necessary protection of goods against all odds including theft, damages during transit, has to be covered by necessary insurance by the buyer only.

b) We cannot accept any change or exchange of plants or products, Return of plants / products.

c) No compensation for mismatch of color/size/ shape/ variety or even height etc., and management is always there to resolve the issues of genuine and right and unintentional customers of us.

d) No compensation is granted for any promotional offers announced by padmamnursery.com except for unintended and genuine buyers decided by case to case basis and is absolute discretion of management to protect the interest of serious and genuine buyers.

You are instructed to follow all advices and forward the picture of unpacked plants immediately on receipt of plants recorded with in 2 hours, with time and date and beyond which your claims cannot be admitted for assessment.

e) Once your order is confirmed by payment, cancellation or refund of order is not permissible.

Your payment is the confirmation of your acceptance to all of our terms and conditions through any forum like website, individual chats and in social media ordering.

The fulfillment of orders of www.padmamnursery.com ceases with the arrival of plants to your point of delivery or to the courier hub and is of equal responsibility of customers to take delivery of plants immediately on arrival in order to save the life of plants. Please note that the facility of prepaid delivery to the customer point is only a promotional offer, and is the part of promotion & marketing activity of the company, and is not the matter of right of buyer and hence which cannot be questioned and or disputed and is the absolute discretion of management to extend the facility or deny to any buyer, of its choice without siting what so ever the reason maybe.

f) Facility to view, interact and procure at and through our website www.padmamnursery.com at various languages including regional, national and International languages of our customer choice, and we at www.padmamnursery.com depend on third part service provider who actually provide the facility to various people through their browsers and we at www.padmamnursery.com can not vouch for its accuracy, convertibility, conveyability, communicability and its meaning of the content of the website in multiple language and its text and messages. we stand by our site display in English only. Incase of any clarity please reach customer care by chat for clarification and authenticity of it.

Allergic warning

www.padmamnursery.com cannot be held responsible and free from all liabilities, all or any charges and compensation either directly or indirectly, partly or fully, for the immediate or later date repercussions , for use of any fruits or use of any parts or flowers for its allergic or ill or harmful or adverse effect may arise due to touch or by smelling or by direct or indirect consumption or contact, either to the buyer or to anybody who is sensitive or allergic to or may be suddenly developing allergic or its effects or damages directly or indirectly, immediately clinically visible or not, or direct or indirect cause of any developments, at later date.

www.padmamnursery.com advises to its customers to execute their precautions before handling plants, as may advised by their family physicians.

SPECIAL NOTE TO INTERNATIONAL BUYERS
1. You are automatically agree to the terms and conditions updated from time to time in the website by placing an order at the website order placement and also any orders directly or indirectly through other forums like whatsapp, facebook or any other social platform in operation at the moment or may be in operation at future date for placing orders.

2. Any order acceptance, rejection, first accepting and subsequent rejection due to non availability of plant ordered, or request for change of plant due to so many reasons including government restrictions, or may be due to what so ever reasons are absolute discretion of the company and is not subject to dispute and or questioned or rejection or cancellation of orders.

3. UNDER NO CIRCUMSTANCES CHARGEBACK IS PERMITED OR ALLOWED or CANCELLATION OF ORDERS PERMITED, once orders are placed and confirmed by payment.

4. The product is LIVE PLANTS and it is normally understood that the company has no hold on shipping process involved and the delay or any other circumstances involved before the plants are delivered to customer place, and hence the actual state of the plants delivered may vary due to some extraordinary situations for which company cannot be held responsible or charged. However based on the photos shared by the buyers within 2 hours of receipt, company will evaluate the individual case, and may take appropriate action may include, to provide replacement or as suitable benefits to buyers, to protect the business interest of the company and to protect the buyers interest to keep the belief upright as " SATHYAMEVA JEYATHEY " meaning as ( " THE VICTORY TO THE TRUTH ") on case to case basis only.

5. It is well known to every buyer that, company spends in the process of shipping, not only on the cost of the plant and packing & labour, but also to fetch proper government certifications, local transportation and towards promotional OR business offers, at the time of order, and overseas shipping cost and proper processing and clearance charges at different stages.

6. Please note that the product we sell are at uniform price worldwide ( global pricing ) , and any additional charges collected changing from time to time, is actually spent, for shipping process documentation, and for obtaining various level certification and clearance at various departments only.

7. All prices quoted / collected, are on and at FOB price up to Chennai port, only and the shipping and other charges documentation charges paid by the global buyers as the case may be, may subject to change from time to time, and is used only for providing best service to our intended buyers for their convenience only. you are advised to make your own insurance to protect your interest. and your cost of importing may be, to coverup the loss during the process of importing plants from us.

8. www.padmamnursery.com has no hold, responsibility and will not be liable for any import charges, duties and taxes, charges spent towards permits and other charges in importing plants, and your country regulations and you are advised to check your government norms before placing orders and confirmation by payment.

9. www.padmamnursery.com cannot be held responsible for the delayed delivery of shipments to the destination port and or the delayed delivery to customer and the impact on perishability and life of plants shipped either direct or indirect and cannot be disputed and company holds no liability and free from all such charges and impacts maybe arising in such situations.

www.padmamnursery.com responsibility ceases at Chennai port the origin FOB port.

10. In the event of plant destruction by the authorities at the importing country, the responsibility and charges involved has to be bourn by the importer only. and www.padmamnursery.com can not be held responsible and no refund of any form will be paid by the company and indemnify itself free from all such liabilities, damages and charges may arise due to such situations.

11. Misbehave / Misconduct / Verbal abuse

It will be viewed very seriously the offensive behavior of customer with the coordinator of company person, staff and other members during the process of sale and after. Necessary legal proceedings will be initiated against the buyer and withholding of his order and delivery and necessary case filing against the buyer for damages and mental harassments.

12. All terms and conditions are applicable to all buyers including bulk and lot buying and or other direct buyers, walk-in buyers through www.padmamnursery.com and or its associate wings or divisions.

REFUND & RETURN POLICY FOR GLOBAL BUYERS:

7. Please note that at no circumstances company WILL MAKE ANY REFUND AS CASH, OR OTHER FORM OF REFUND OR ALLOW AS CHARGEBACK.

8. The products / services are sold or rendered as the case may be are Governed by THE SECTIONS OF IPC ( INDIAN PENAL CODE ) and any dispute is subject to MADRAS HIGH COURT ONLY.

9. WE LIMIT OUR LIABILITY AT ANY CIRCUSTANCE AND MAXIMUM REFUND VALUE PER ORDER WILL BE INR 100/- ONLY, per order or shipment .

10. ANY DISPUTE ARBIDRATION IS ONLY @ CHENNAI , TAMILNADU, INDIA.

Any dispute is subject to Chennai jurisdiction only.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.