SAPODILLA GARDENS LLC: TERMS & CONDITIONS

  • Welcome to Sapodilla Gardens LLC. Please read and understand the Terms & Conditions (hereinafter referred to as “T&Cs”) outlined in these pages. By continuing with your interaction or transaction at www.sapodillagardens.com you agree to abide by these T&Cs.
  • Your use of the Sapodilla Gardens LLC website, services and tools are governed by the following T&Cs as applicable to the Sapodilla Gardens LLC including the applicable policies which are incorporated herein by way of reference. By mere use of the Sapodilla Gardens LLC website, You are entering into a legally binding contract with Sapodilla Gardens LLC. These terms and conditions including the policies constitute Your binding obligations with Sapodilla Gardens LLC.

For the purpose of these T&Cs, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer by providing data while registering as Registered User. The term “Sapodilla Gardens LLC“, “We“, “Us“, “Our” shall mean Sapodilla Gardens LLC.

When You use any of the services provided by Us, including but not limited to Product Reviews, Seller Reviews etc. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this T&Cs and shall be considered as part and parcel of this T&Cs. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. You shall ensure to review these T&Cs periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. By continuing to use the website You imply or expressly accept these T&Cs, You also accept and agree to be bound by Sapodilla Gardens LLC Policies including but not limited to Privacy Policy as amended from time to time.

  1. User Account, Password, and Security:

If You use the Website, You shall be responsible for maintaining the confidentiality of your User Name and Password and You shall be responsible for all activities that occur under your User Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership to the Website.

You agree to

    • immediately notify Sapodilla Gardens LLC of any unauthorized use / breach of your password or account and
    • ensure that you exit from your account at the end of each session.
  1. Services Offered:

Sapodilla Gardens LLC provides a number of items for sale through the Website. The items can be purchased through the Website through various methods of payments offered. The sale/purchase of these items shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found elsewhere on the Website and all of which are incorporated here by reference). In addition, these T&Cs may be further supplemented by item-specific conditions, which may be displayed with the said item.

Although we strive to keep our website free of misrepresentations or errors, Sapodilla Gardens LLC cannot guarantee that all item descriptions or other content on the Website is accurate, complete, reliable, current or error-free and assumes no liability in this regard.

  1. User Conduct and Rules on the Website:

You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:

    • A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
      • Users doesn’t reply to the payment verification mail sent by Sapodilla Gardens LLC
      • Users fails to produce adequate documents during the payment details verification
      • Misuse of another Users’s phone/email
      • Users uses invalid address, email and phone no.
      • Attempt to use multiple times a single-use voucher/coupon code
      • Use of a special voucher not tagged to the email ID used.
      • Users returns the wrong product
      • Users refuses to pay for an order
      • Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Sapodilla Gardens LLC
      • Users with a high return rate
      • Repeated request for refund for delivered order, as evidenced by the tracking number.
    • Sapodilla Gardens LLC may cancel any order that classify as ‘Bulk Orders’/’Fraud Orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Sapodilla Gardens LLC:
      • Products ordered are not for self-consumption but for commercial resale
      • Multiple orders placed for same product at the same address, depending on the product category.
      • Bulk quantity of the same product ordered
      • Invalid address given in order details
      • Any malpractice used to place the order
      • Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
      • Any order placed using a technological glitch/loophole.
    • You shall not use the Website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Sapodilla Gardens LLC.
    • You shall not use any false e-mail address, impersonate any person or entity, or otherwise mislead Sapodilla Gardens LLC by sharing multiple address and phone numbers or transacting with dishonest intentions.
    • We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Website, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Sapodilla Gardens LLC on the Website. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Website.
    • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
    • You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
    • You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
    • You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.
  1. Contents Posted on Website:

You may use information on the products and services purposely made available on the Website for downloading, provided that You

    • do not remove any proprietary notice language in all copies of such documents,
    • use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
    • make no modifications to any such information, and
    • do not make any additional representations or warranties relating to such documents.
  1. Privacy:

We take Your privacy as seriously as You do. We do not sell or rent Your Information to any third-party entity. We only use Your information to process and fulfill Your order and to get paid by financial institutions, and to occasionally inform you of our products.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement officers in the good faith that such disclosure is reasonably necessary to enforce our T&Cs or Privacy Policy

We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Sapodilla Gardens LLC, you are accepting and consenting to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using Sapodilla Gardens LLC.

    • Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:
      • Children under the age of 18: Use of the Website is available only to persons who can form legally binding contracts, i.e., adults over the age of 18. Persons who are minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Sapodilla Gardens LLC, such use or transaction may be made by your legal guardian or parents on the Website.
      • Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
      • Financial Information: credit/ debit card details including card number and expiration dates in encrypted form, details for net banking services and Wallet services. Our website uses industry standard SSL technology. Check for the image of a lock before you enter your financial institution information or proceed with your transaction.
      • Payment and Account Information: We save Your account history with us including (without limitation) all billing information and communications, payment history etc. to serve you better. Your transactions details may be preserved by Sapodilla Gardens LLC for purposes of tax or regulatory compliance.
      • Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Sapodilla Gardens LLC.
      • User IDs: Your usernames, passwords, email addresses, contacts, account and other security-related information used by you in relation to our Services.
    • Technical and functional management of the Website. When you use our Website, we may process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Website, resolve technical difficulties, and provide you with the correct and most up to date version of the Website.
    • Operational Use. We may use your information for suggesting products and / or to offer promotions. You may update your profiling information at any time on the Website. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Website.
    • Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law and (b) monitor your use of our Services in order to ensure your compliance with our T&Cs.
    • Note: However, as effective as encryption technologies are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Website is at your own risk. We recommend that you do not disclose your password to anyone.
    • Cookie Policy. A cookie is a small text file that we place on your mobile device to enable various features of Sapodilla Gardens LLC. “Cookies” are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. Whenever Sapodilla Gardens LLC uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and Sapodilla Gardens LLC in order to enable accurate measurement of traffic and usage. This includes but is not limited to the use of AMP Client IDs in Google Analytics for Accelerated Mobile Pages served by Google on Sapodilla Gardens LLC’s behalf.
  1. Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Sapodilla Gardens LLC does not warrant that: Website will be constantly available, or available at all or the information on Website is complete, true, accurate or non-misleading.

  1. Classification as an e-Commerce Website:

You agree, understand and acknowledge that Sapodilla Gardens LLC is an online website that enables you to purchase products listed on the Website at the price indicated therein at any time.

  1. Indemnity:

You shall indemnify and hold harmless Sapodilla Gardens LLC, its owner, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this T&Cs, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

  1. Trademark, Copyright and Restriction:

Website is controlled and operated by Sapodilla Gardens LLC and products are sold by us solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Sapodilla Gardens LLC or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

  1. Limitation of Liability:

In no event shall Sapodilla Gardens LLC be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

    • the use or the inability to use the Services or Products
    • unauthorized access to or alteration of the user’s transmissions or data
    • breach of condition, representations or warranties by the manufacturer of the Products
    • any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Sapodilla Gardens LLC shall not be held responsible for non-availability of the Sapodilla Gardens LLC during periodic maintenance operations or any unplanned suspension of access to the Sapodilla Gardens LLC. The User understands and agrees that any material and/or data downloaded at Sapodilla Gardens LLC is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Sapodilla Gardens LLC’s liability shall be limited to an amount equal to the Products purchased value bought by You. Sapodilla Gardens LLC shall not be liable for any dispute or disagreement between Users
  1. Termination:

Sapodilla Gardens LLC may suspend or terminate your use of the Sapodilla Gardens LLC or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Sapodilla Gardens LLC chooses to terminate them.

    • If You or Sapodilla Gardens LLC terminates your use of the Website or any Service, Sapodilla Gardens LLC may delete any content or other materials relating to your use of the Service and Sapodilla Gardens LLC will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Sapodilla Gardens LLC for purposes of tax or regulatory compliance.
    • Sapodilla Gardens LLC may unilaterally terminate Your account on any event as mentioned in the T&Cs. will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Sapodilla Gardens LLC.
    • If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Sapodilla Gardens LLC by sharing multiple address and phone numbers or transacting with malafide intentions then Sapodilla Gardens LLC reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
  1. Governing Laws:

These terms shall be governed by and constructed in accordance with the laws of the State of New Jersey Any disputes arising out of Your use of our website shall be subject to the exclusive jurisdiction of courts and other law enforcement entities of the State of New Jersey.

  1. Disclaimer:

You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Sapodilla Gardens LLC. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

 

E-mail verification policy

What is Sapodilla Gardens LLC’s E-mail verification policy?

We always strive hard to provide the best experience to our customers. Please ensure that the details you provide us are correct and complete and inform us immediately of any changes to the information that you provided while registering. Sapodilla Gardens LLC may at its discretion verify the provided email addresses to ensure important communication about orders and shipments are reaching our customers. Sapodilla Gardens LLC reserves the right to deactivate any account that has an email address with an invalid domain ID, no mail server, or no mailbox or fail the verification processes set by Sapodilla Gardens LLC.