These are the terms and conditions (“T&C”) on which Wellnessayuint (“we”, “us” and “our”) supplies products (“Products”) and services (“Services”) to its customers (“you” and “your”). We reserve the right to update these T&C from time to time. Updated T&C will be displayed at https://wellnessayu.in/index.php/terms-and-conditions/and the Contract (as defined below) includes the T&C as in force at the time the Contract is formed. You agree to check that site from time to time and acknowledge and agree that you have been made aware of such updates and agree to be bound by them.
1 WHOLE AGREEMENT
1.1 The contract between us and you is wholly documented by the purchase order for the Products and Services (“Order”), our invoice for the Products and Services (“Invoice”) and these T&C (the “Contract”) (save that any terms and conditions contained within the Order shall not form part of the Contract).
1.2 The Contract constitutes the whole of the agreement between you and us. All of the agreements and understandings between you and us are set out in the Contract and they supersede all prior agreements, understandings and statements, whether written or oral. Without limiting the generality of the foregoing, these T&C prevail over any terms and conditions contained in your Order or otherwise communicated, displayed or referenced by you and you agree that any such terms and conditions shall be of no legal force or effect.
2 ORDER AND ACCEPTANCE
2.1 The Order shall set forth at a minimum, the quantities, requested delivery date and shipping instructions with respect to each delivery of the Products and Services. All Orders constitute binding commitments by you with respect to the Products and Service ordered and are subject to acceptance by us (which may be declined in our absolute discretion). Subject to available production capacity, we will use our commercially reasonable efforts to fulfil all accepted Orders.
2.2 You have 3 days from receipt of Products and Services to notify us in writing if the Products and Services are not in accordance with the Order, otherwise you will be taken to have accepted the Products and Services and your liability to pay for them.
3 PRICE
The price charged for Products and Services (“Price”) will be as set out in a Current Quotation given to you for the Products and Services; or, if no Current Quotation has been provided, as set out in our current price list. The Price will be set out in the Order and / or Invoice.
4 PAYMENT AND INTEREST
4.1 Unless otherwise agreed, all amounts owing to us on account of Products and Services supplied on credit are due and payable by the last working day of the month following despatch of Invoice to you.
4.2 All payments to us must be made without set-off, deduction or counterclaim.
4.3 If any payment is not made by the due date then (without prejudice to any other rights we have under law) we will be entitled to:
(a) Cancel or suspend any further delivery of Products and Services to you under any other order; and
(b) Charge interest (calculated daily and compounding monthly) on the overdue amount at the rate of 2% per month.
4.4 You must pay to us all costs and expenses incurred or which will be incurred by us in respect of any action for recovery of monies or repossession of Products, including but not limited to mercantile agent’s fees, solicitor’s fees (on an indemnity basis), fees of other legal advisers and other parties acting on behalf of us.
5 DELIVERY & RISK
5.1 Delivery of Products must be taken within 7 days of notification that they are ready for delivery. In the event that you fail to take delivery within seven days, you shall pay to us all storage handling and other associated costs arising from your failure to take delivery.
5.2 If after 14 days of such notification you have not taken delivery of the Products, we may at our discretion cancel the Order by giving written notice to you and seek damages from you for all losses we have and will sustain as a direct and indirect consequence of your failure to take delivery.
5.3 The Products shall be at your risk from the date of notification from us that the Products are ready for delivery.