Terms of Service

1. Who We Are

We're proud to be FSSAI registered and committed to providing you with the highest quality, preservative-free, handcrafted snacks that honor ancient nutritional wisdom.

2. Who Can Order (Age Requirement)

You must be at least 18 years old to place orders with us.

By placing an order, you confirm that:

• You are 18 years or older
• You have the legal capacity to enter into binding contracts under the Indian Contract Act, 1872
• All information you provide is accurate and truthful

If you're between 13-18 years old, you may browse our website but can only place orders with the involvement and explicit consent of a parent or legal guardian who agrees to be bound by these Terms.

3. Our Products (What Makes Us Special)

We handcraft every single product in small batches using:

• Ancient ingredients: Dates, nuts, ghee, sesame seeds
• Zero artificial preservatives
• No trans fats
• No artificial sweeteners
• Traditional recipes with modern nutrition

Our current product range includes:

• Power Bites (Energy balls with dates, nuts & ghee)
• Royal Bites (Premium nut-based energy snacks)
• Peanut-Sesame Delights (Protein-rich traditional treats)
• Butter Cookies (Handmade with real butter)
• Roasted & Salted Cashews (Lightly roasted, perfectly salted)

Pricing: ₹299 - ₹399 per product (All prices in INR)

Note: Product availability, flavors, and pricing are subject to change. We'll always display current offerings on our website and order forms.

4. How to Order (The Manual Touch)

Our ordering process reflects our artisanal approach:

1. Place Your Order: Fill out our Tally order form with your details and product selection
2. We Review: Our team manually reviews every order during business hours
3. Confirmation: You'll receive order confirmation via WhatsApp/Email within 24-48 hours
4. Payment Request: We'll send you payment details and amount
5. You Pay: Complete payment within 24-48 hours of receiving payment request
6. We Prepare: Once payment is verified, we start handcrafting your order
7. Delivery: Your fresh products are delivered in 5–7 days

Business Hours:
Monday - Saturday: 10:00 AM - 7:00 PM IST
Sunday: Closed
We observe all national holidays.

Orders received outside business hours will be processed on the next business day. Response time for queries: 24-48 hours on business days.

5. Order Acceptance & Rejection

We reserve the right to accept or decline any order at our discretion.

We may decline orders if:

• Product is out of stock
• Delivery location is outside our serviceable area
• Incomplete or incorrect information provided
• Previous payment issues with your account
• Suspected fraudulent activity
• Order quantity exceeds our production capacity

If we decline your order, we'll notify you promptly and no payment will be charged. If payment was already made, we'll refund the full amount within 5-10 business days.

6. Pricing & Payment Terms

Pricing

• All prices displayed are in Indian Rupees (INR)
• Prices include manufacturing and packaging costs
• Delivery charges are additional and will be communicated before order confirmation
• GST: We are currently not registered under GST due to our sales volume. Prices are inclusive of all taxes.
• Prices are subject to change without notice, but orders confirmed at a specific price will honor that price

Payment Process

We follow a post-order payment collection model:

1. Payment Timeline: Payment must be completed within 24-48 hours of receiving our payment request. The exact deadline will be clearly stated in the payment message.
2. Payment Methods Accepted:
   • UPI (Preferred)
   • Bank Transfer/NEFT/RTGS
   • Payment links (when provided)
3. Payment Verification: Payment verification typically takes 2-4 hours during business hours. Share your payment screenshot/transaction ID immediately after payment to expedite verification.
4. Production Begins: Order preparation begins only after payment is received and verified.
5. Non-Payment: Orders for which payment is not received within the specified period shall be automatically cancelled without advance notice. You'll need to place a fresh order.
6. Advance Payment for Bulk Orders: For orders above ₹2,000 or customized hampers, 50% advance payment is required to confirm the order. Balance payment must be made before dispatch. Advance payment is non-refundable once production begins.

7. Delivery Terms (Fresh & Made-to-Order)

What Makes Our Delivery Special

Every order is made fresh, just for you. Because we use zero preservatives and no artificial chemicals, we prepare your order only after you place it. This ensures maximum freshness and shelf life.

Processing & Delivery Timeline

• Delivery Time: Delivered in 5–7 days from payment confirmation
• Special Cases: Remote pin codes, courier delays, or public holidays may add an additional 3–5 business days

Note: We make reasonable efforts to dispatch orders within this timeframe but do not guarantee exact delivery dates due to the handmade nature of our products and factors beyond our control (weather, courier delays, festivals, etc.).

Delivery Areas

Currently, we deliver across India through courier partners. Delivery charges vary by location and will be communicated during order confirmation.

Handmade Product Disclaimer

Product images on our website are for representation purposes only and may not reflect exact product appearance.

Delivery Responsibilities

Your Responsibilities:

• Provide accurate delivery address and contact number
• Be available to receive delivery during courier operating hours
• Check products immediately upon delivery
• Refrigerate products as per storage instructions
• Store in airtight containers in cool, dry places away from sunlight

Our Responsibilities:

• Use appropriate packaging to maintain freshness
• Partner with reliable courier services
• Provide tracking details once dispatched
• Ensure products have minimum 15-20 days shelf life at delivery

Delivery Disclaimers:

• We cannot guarantee temperature maintenance beyond reasonable transit times
• Transit time typically does not exceed 48-72 hours
• Claims for transit damage must be made within 4 hours of delivery with photographic evidence
• Products must be inspected at the time of delivery; refusal to inspect waives claims

8. Returns, Refunds & Cancellations

What You Need to Know About Returns

Due to the perishable nature of our handmade, preservative-free food products and food safety regulations, the following items are NON-RETURNABLE once delivered:

• ✗ All food products with broken seals or opened packaging
• ✗ Products where packaging integrity has been compromised
• ✗ Products consumed partially or fully
• ✗ Custom-made products or personalized hampers
• ✗ Products where customer preference or taste is the reason

We will not accept returns based on:

• "I don't like the taste"
• "It's not what I expected"
• "I ordered too much"
• "I changed my mind"

When You CAN Request Return/Replacement

You may request a return, replacement, or refund within 24 hours of delivery if:

• ✓ Product is damaged, defective, or spoiled at delivery
• ✓ Incorrect product delivered
• ✓ Packaging is tampered with or damaged
• ✓ Product is expired or will expire within 3 days
• ✓ Product does not meet FSSAI safety standards
• ✓ Quantity mismatch (short delivery)
• ✓ Product contains foreign objects or contamination

How to Report Issues

Time is critical for perishable products. Follow these steps:

1. Report Immediately: Contact us within 24 hours of delivery at [email protected] or WhatsApp +91 8910725854
2. Provide Evidence:
   • Clear photographs of the product showing defects
   • Video of unpacking (if possible)
   • Photographs of packaging and shipping label
   • Batch number/MFG date visible on package
3. Preserve Product: DO NOT consume or dispose of the product until complaint is resolved
4. Await Response: We'll review and respond within 24-48 hours

Late claims will not be entertained. After 24 hours, we cannot verify the condition of perishable products.

Resolution Options

For approved claims, we offer:

• Full Refund: Refund to original payment method (processed within 5-10 business days)
• Replacement: Similar product shipped at no additional cost
• Store Credit: Credit for future purchases (valid for 3 months)

Shipping charges are non-refundable unless the product delivered was defective, incorrect, or damaged.

Order Cancellation

Before Order Confirmation: You may cancel your order anytime before we send order confirmation. No charges apply.

After Confirmation, Before Payment: You may cancel without penalty before making payment. Order will be automatically cancelled if payment isn't received within 24-48 hours.

After Payment, Before Production: Cancellations possible with 25% cancellation fee to cover administrative costs. Refund processed within 5-10 business days.

After Production Begins: Orders cannot be cancelled once we've started preparing your handmade products. All sales are final at this stage.

9. Food Safety & Product Information

Our FSSAI Compliance

We are registered with the Food Safety and Standards Authority of India:

• FSSAI License Number: 22825041000300
• Registered Address: Radiant Twins Enterprise, 6/2 Sashi Sekhar Bose Road, Kolkata, West Bengal - 700025

All our products comply with standards prescribed under the Food Safety and Standards Act, 2006 and related regulations.

Product Warranties

We warrant that:

• All products comply with FSSAI standards
• Products are free from defects in materials when properly stored
• Products are fit for human consumption when used before expiry date
• Products are stored and transported in hygienic conditions
• All ingredients are clearly listed on packaging

EXCEPT AS EXPRESSLY PROVIDED ABOVE, ALL PRODUCTS ARE PROVIDED 'AS IS' WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Allergen Information & Disclaimers

Storage & Shelf Life

• Storage Instructions are printed on each product package
• Shelf Life varies by product (typically 7-21 days)
• Best Before Date is clearly marked on packaging
• Products should be stored in airtight containers in cool, dry places
• Refrigeration recommended for products containing ghee or dairy
• Consume within 2-3 days of opening for best quality

The Company is not liable for product deterioration resulting from improper storage by the customer.

10. Limitation of Liability (When Things Go Wrong)

What We're Responsible For

We take our responsibility seriously, but we also need to be realistic about what we can and cannot control.

TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW:

The Company's entire liability under these Terms is limited to the amount paid by you for the specific product giving rise to the claim (not exceeding ₹500 per incident).

We are NOT liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from product use or inability to use products
• Allergic reactions when allergen information was provided
• Product deterioration due to improper storage by customer
• Delivery delays caused by courier partners or force majeure events
• Damages resulting from customer's failure to follow storage/consumption instructions
• Any damages beyond the product replacement value

Important Exceptions (What We CAN'T Exclude)

Notwithstanding the above limitations, this limitation DOES NOT apply to:

1. Personal injury or death caused by our negligence
2. Damages arising from fraud or fraudulent misrepresentation
3. Any other liability that cannot be excluded under the Consumer Protection Act, 2019
4. Violations of food safety standards under Food Safety and Standards Act, 2006
5. Any rights that cannot be lawfully excluded

Force Majeure (Events Beyond Our Control)

We shall not be held liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:

• Natural disasters (floods, earthquakes, pandemics)
• Government actions, restrictions, or lockdowns
• Strikes, labor disputes
• War, terrorism, civil unrest
• Supplier failures or raw material shortages
• Internet, power, or telecommunications failures
• Acts of God

In such events, our performance obligations will be suspended for the duration of the event.

11. Intellectual Property Rights (Who Owns What)

Our Stuff

All content on dietswad.in belongs to us or our licensors:

This includes (but is not limited to):

• Diet Swad brand name, logo, and taglines
• Product names, recipes, and formulations
• Website design, layout, and graphics
• Product photography and images
• Written content, blog posts, and descriptions
• Videos, social media content
• Nutritional information presentations
• Packaging designs

You may NOT:

• Copy, reproduce, or distribute our content
• Use our brand name or logo without permission
• Reverse engineer our recipes
• Use our content for commercial purposes
• Claim our content as your own
• Modify or create derivative works

You MAY:

• Share our social media posts (with proper credit)
• Link to our website
• Review our products (honestly!)
• Share product photos you've taken (tag us @dietswad!)

Your Stuff

When you submit reviews, testimonials, photos, or other content to us:

• You retain ownership of your content
• You grant us a worldwide, royalty-free license to use, reproduce, modify, and display your content for marketing purposes
• You confirm you have rights to share the content
• You confirm the content doesn't violate anyone else's rights

We may use customer reviews, photos, and testimonials on our website, social media, and marketing materials. If you don't want us to use your content, please let us know!

12. Your Account & Responsibilities

Account Security

If you create an account with us:

• You're responsible for maintaining confidentiality of your login credentials
• You're responsible for all activities conducted through your account
• You must immediately notify us of any unauthorized access
• Providing false information regarding age or identity is a material breach

Prohibited Uses

You agree NOT to:

1. Fraudulent Activities:

• Place orders with no intention to pay
• Use stolen payment information
• Provide false delivery addresses
• Make false quality claims to obtain refunds

2. Misuse of Platform:

• Attempt to hack or compromise our systems
• Use automated bots or scripts
• Overload our servers with requests
• Bypass any security measures

3. Harmful Conduct:

• Harass our staff or delivery partners
• Post defamatory or harmful content about us
• Violate any applicable laws or regulations
• Infringe on intellectual property rights

4. Commercial Misuse:

• Resell our products without authorization
• Use our products for commercial purposes without agreement
• Bulk purchase for unauthorized distribution

Violation of these terms may result in:

• Immediate order cancellation
• Account suspension or termination
• Forfeiture of advance payments
• Blacklisting from future orders
• Legal action if applicable

13. Privacy & Data Protection

How We Handle Your Information

Your privacy matters to us. We collect and use your personal information in accordance with:

• Digital Personal Data Protection Act (DPDP), 2023
• Information Technology Act, 2000
• Our Privacy Policy (available at dietswad.in/privacy-policy)

Information We Collect:

• Name, phone number, email address
• Delivery address
• Order history and preferences
• Payment information (processed securely)

How We Use It:

• Process and fulfill your orders
• Communicate about orders and delivery
• Send promotional offers (with your consent)
• Improve our products and services
• Comply with legal obligations

Your Rights:

• Access your personal data
• Correct inaccurate information
• Request data deletion
• Withdraw marketing consent anytime
• File complaints with authorities

Marketing Communications: By placing an order, you consent to receive SMS, WhatsApp messages, and emails about your order. For promotional communications, we'll seek separate explicit consent. You can opt out anytime.

For detailed privacy information, please read our Privacy Policy.

14. Grievance Redressal (When You Need Help)

How to Reach Us

We're here to help! For any issues, questions, or complaints:

Resolution Process

1. Contact Us: Reach out with your order number and issue details
2. We Investigate: We'll review your complaint within 24-48 hours
3. Resolution Proposed: We'll offer a fair solution
4. Implementation: Approved resolutions executed within 5-10 business days

We aim to resolve all complaints amicably and fairly.

15. Dispute Resolution & Governing Law

When We Can't Agree (Hopefully Rare!)

Governing Law: These Terms shall be governed by and construed in accordance with the laws of India, including:

• Indian Contract Act, 1872
• Consumer Protection Act, 2019
• Food Safety and Standards Act, 2006
• Information Technology Act, 2000
• Digital Personal Data Protection Act, 2023

Jurisdiction: Courts at Kolkata, West Bengal, India shall have exclusive jurisdiction, subject to the provisions below.

Your Consumer Rights (Can't Be Waived)

Nothing in these Terms affects your statutory rights under the Consumer Protection Act, 2019:

You have the right to approach Consumer Dispute Redressal Forums:

• District Forum: Claims up to ₹1 crore
• State Commission: Claims between ₹1 crore to ₹10 crores
• National Commission: Claims exceeding ₹10 crores

File complaints online: https://edaakhil.nic.in
Time Limit: Within 2 years of cause of action

Arbitration (For Faster Resolution)

For disputes not involving consumer forum claims, we prefer arbitration:

• Arbitration: Conducted by a sole arbitrator
• Rules: Arbitration and Conciliation Act, 1996
• Seat: Kolkata, West Bengal, India
• Language: English or Hindi
• Award: Final and binding on both parties

Small Claims Exception: Disputes involving ₹50,000 or less may be resolved in small causes courts at your option.

16. General Terms (The Fine Print)

Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Diet Swad regarding use of our services.

Amendments

We may update these Terms from time to time. Material changes will be notified via email or website notice. Continued use after changes constitutes acceptance of modified Terms.

Last Updated Date will always be displayed at the top of this page.

Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force and effect.

Waiver

Our failure to enforce any right or provision doesn't constitute a waiver of that right or provision.

Assignment

You cannot transfer or assign your rights under these Terms without our written consent. We may assign our rights to any successor or affiliated entity.

No Partnership

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and us.

Language

These Terms are written in English. Any translations are for convenience only. In case of conflicts, the English version prevails.

Contact for Terms Questions

For any questions about these Terms of Service, contact us at [email protected].