Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALES AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH RICH INDIA BAZAAR PTY LTD. ("INDIA BAZAAR"), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

Important information:

This Sale Agreement is a legal contract between the Customer and “INDIA BAZAAR”. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "INDIA BAZAAR" shall relate to Herbs & Spices Pty Ltd and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and INDIA BAZAAR relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by INDIA BAZAAR. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting INDIA BAZAAR at the address provided below.
In the event of any conflict between the terms and conditions stated on any purchase order, if any and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Legal Capacity

The law states that a minor cannot enter into contracts. By making an on-line purchase the Customer accepts these terms & conditions and acknowledges to be over the age of eighteen (18) years and enters into a legal contract with INDIA BAZAAR.
Should INDIA BAZAAR suffer any loss or damage, as a result of a transaction entered into by a minor, INDIA BAZAAR reserves the right to seek compensation and legal action for such losses from the parents or guardians of the minor who caused the order to be placed.

Governing Law

This agreement and any sales hereunder shall be governed by the laws of the State of New South Wales. The customer consents to the jurisdiction of any court of competent jurisdiction for purposes of any suit, action or proceeding arising out of this sale agreement.

Title; Risk of Loss

Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified or the payment for the goods is unsuccessful for any reason. Loss or damage that occurs during shipping by a carrier selected by INDIA BAZAAR is INDIA BAZAAR's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to intellectual property in any product will remain with the relevant manufacturer(s).

Export Sales

If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the Australia. Any and all liability is only for the products purchased.

General Legal Disclaimer

INDIA BAZAAR hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by INDIA BAZAAR in no way affects the terms of the manufacturer's warranty, if any.

The Customers acknowledges and agrees:
INDIA BAZAAR, RICH INDIA BAZAAR PTY LTD., and their affiliates are retailers of products produced both locally and abroad, and are not the manufactures of said products. All manufacturer’s warranty and guarantee, must be directed the manufacturer and not the retailer.

Third-Party Product

All products sold by INDIA BAZAAR are third party products and are subject to the warranties and representations of the applicable manufacturers. Accordingly, INDIA BAZAAR makes no representation or warranty with respect to the quality of products sold or its fitness for purpose.

Product Information:

All products listed on INDIA BAZAAR website are described to the best of our abilities and the specifications reflect the information that has been provided to us. All care is taken to ensure this information is correct, but we cannot eliminate the possibility of human error.

Pricing and Information Disclaimer

All pricing subject to change. For all prices, products and offers, INDIA BAZAAR reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
Whist INDIA BAZAAR uses reasonable efforts to include accurate and up-to-date information on the Site, INDIA BAZAAR makes no warranties or representations as to the Site's accuracy. INDIA BAZAAR assumes no liability or responsibility for any errors or omissions in the content on the Site.

Disclaimer – Credit Card

INDIA BAZAAR does not take responsibility or liability for direct or indirect damages & consequential losses suffered by use of fraudulent or unauthorised credit cards. INDIA BAZAAR does not take responsibility or liability for direct or indirect damages & consequential losses associated with damage to goods occurring during delivery. The Customer shall contact INDIA BAZAAR to make a shipping claim and INDIA BAZAAR shall resolve the complaint with the transit insurer.
By accepting these terms and conditions, the Customer acknowledges that s/he has sufficient notice of this disclaimer, s/he has entered into this transaction and accepted this disclaimer of his or her own free will.
INDIA BAZAAR does not store credit card information, irrespective of collection medium. When using internet payment facility, the Customer is passed to the secured bank site to enter their credit card details. At no time is INDIA BAZAAR notified of the credit card details.

Credit Card Fraud

At INDIA BAZAAR, we take we take online fraud very seriously and our primary goal is to ensure our many valued Customers are assured that transacting with us is a secure, safe and easy procedure.
INDIA BAZAAR employs a third party credit card processing company that employs the latest in Secure Sockets Layer (SSL) technology. They ensure the highest form of encryption possible and this protects your details as they travel over the internet.
Their secure server software (SSL) is the industry standard and among the best software available today for secure e-commerce transactions. It encrypts all of your personal information, including credit card number, name and address, so that it cannot be read as the information travels over the Internet.
INDIA BAZAAR will not enter into any transaction on suspicion of use of fraudulent or unauthorized credit card. This includes suspension and cancellation of the transaction and/or prevention delivery of goods which are the subject of a suspected illegal transaction. INDIA BAZAAR will take reasonable action to notify relevant authorities and providing all information pertaining to the transaction to facilitate prosecution of the offender.

Payments:

Limitation of Liability

INDIA BAZAAR will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. INDIA BAZAAR will not be liable for products or services not being available for use or for lost or corrupted data or software. The Customer agrees that for any liability related to the purchase of products or services, INDIA BAZAAR is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.

Arbitration

Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), INDIA BAZAAR's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Commercial Arbitration Act 1984 NSW. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Delivery

The terms of this clause apply where you select to have your goods delivered to your nominated address.
The delivery address must be an address within Australia and cannot be freight forwarding location. Delivery cannot be made to two locations. (E.g. splitting your order and delivering to two separate location.)
On acceptance of your order by India Bazaar, your order will be dispatched within 7 business days of the date you place your order. If we cannot dispatch your order within 7days we will notify you of the reason why your order was not dispatched. Such notice well be sent by email or phone which ever method is convenient to India Bazaar.
All deliveries are made to the address as nominated by you, during business hours only and you will be required to be available in person to receive the delivery. If you are not available at the time of the delivery the delivery contractor can leave the parcel at your door if you instruct in writing.
If you instruct us to leave the parcel at your door such instruction must be given in writing prior to the date of delivery. No responsibility will be taken by us if the parcel is reported as missing after the delivery if confirmation of delivery of the parcel has been provided to us by the delivery contractor.
Otherwise if you are not present at the time of the delivery then delivery contractor will not leave your order at the address. In such event your Order charges paid for original delivery may be forfeited, a restocking fee of $20 will be applied. Furthermore in instances of perishable items a replacement charge will apply.

India Bazaar Return Policy

INDIA BAZAAR has a return goods policy in accordance with New South Wales Consumer Laws and subject to Manufactures Warranty
Change of Mind
Please choose carefully as refunds are not provided if you have simply changed your mind, you have made a wrong selection or found a cheaper item elsewhere.

CONTACT INDIA BAZAAR
By Phone: 02 9635 8935
By Email: infor@indiabazaar.com.au
By Mail: PO Box 9332, Harris Park NSW 2150.
In Person: 100 Wigram Street Harris Park NSW 2150.