Terms and Conditions

Welcome to our website avtgardenia.com, the online shopping cart introduced by M/s L J International Ltd. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governing avtgardenia.com relationship with you in relation to this website. If you do not agree to these terms of use please do not use the Site.

Your access

You can access the Site in the following ways:

  • By visiting the Site as a guest
  • By registering through the Site as a member

As a guest or as a registered member accessing the site is free. Keep your account for your personal use only. You may not authorise others to use your account or attempt to use another member’s account without first obtaining their consent. You must not assign or otherwise transfer your account to any other person or entity.

Objectionable content

If, as a legally affected party, you have any concern or objection as to the content hosted on this website or its or its intellectual property rights please feel free to contact Avtgardenia (Website : avtgardenia.com). Upon receiving your complaint, we shall immediately take steps to evaluate and address your right and your complaint in order to promptly redress the same. If the content is found to be objectionable and violates your legal right or that of an affected party, Avtgardenia (Website : avtgardenia.com) will take down the content. Following this procedure, you will have no cause of action against Avtgardenia (Website : avtgardenia.com) or its Directors in any court of law or forum.

Information you submit

If you ever have a requirement to register with the Site, you warrant that you will:

  • Make available all the information required to complete the registration forms on the Site;
  • Ensure that the information is accurate and up to date;
  • Only post information and content that is relevant to the members of the Site & be fully responsible for all use of your account as well as for any actions that take place using your account.

Restrictions on your use of the Site

You agree that you will not post any content on the Site, transmit any content to others, communicate any content, provide links to any content, or otherwise engage in any activity on the Site or through the Services that:

  • Impersonates or otherwise misrepresents affiliation, connection or association with, any person or entity
  • Discloses any personal or confidential information of any person or organisation without first obtaining their consent or
  • Solicits another person’s personal information for commercial or unlawful purposes
  • Solicits or requests personal information from anyone under the age of 18 or solicit passwords for unlawful purposes
  • Contains any material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data)
  • Promotes racism, bigotry, hatred or physical harm against any group or individual
  • Promotes or enables illegal or unlawful activities
  • Is intended to harass, annoy, threaten or intimidate any other members or other people or organisations
  • Is defamatory, inaccurate, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
  • Is deliberately misleading or fraudulent
  • Contains others’ copyrighted content without first obtaining their consent
  • Interferes or disrupts networks connected to the site or attempts to interfere with the proper functioning of the site.
  • Contains any material which may infringe or violate any third party’s rights.

Security

You agree that you are responsible for keeping your screen name and password for your account secret. You acknowledge that Avtgardenia (Website : avtgardenia.com) is not responsible for third party access to your account that results from sharing by you or the theft or misappropriation of your screen name and password. Avtgardenia (Website : avtgardenia.com) reserves the right to suspend your access to the Site or terminate your account if Avtgardenia (Website : avtgardenia.com) suspects an unauthorised person is attempting to access it.

Reporting

Avtgardenia (Website : avtgardenia.com) should be immediately informed about: (i) any violation of these terms of use by others (including but not limited to other members) of which you become aware; and (ii) any known or suspected unauthorised access to your account.

Risks of using the Site & Services

When using the Site and the Services, you assume all risks & understand that Avtgardenia (Website : avtgardenia.com) makes no guarantees or warranties, either express or implied, regarding individuals you meet or confront through the Site or as to the conduct of such individuals.

Avtgardenia (Website : avtgardenia.com)’s proprietary rights

You acknowledge and agree that the copyright and other intellectual property rights in the Site and the content provided as part of the Services belongs to Avtgardenia (Website : avtgardenia.com), M/s L j International Ltd, its directors, partners and affiliates. No rights are granted to you, whatsoever, in respect of the Site or the content provided as part of the Services. Any violation of our rights will be visited with severe penalty and claims for damages.

Disclaimer of warranties

This section will apply to the maximum extent permitted by applicable law.

AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) will provide the Services with reasonable skill and care, and except as expressly provided in these terms of use but does not make or grant (and hereby excludes) any warranties, representations, conditions or terms of any kind, whether express, implied, statutory or otherwise with respect to the Services or the Site (including all information contained therein), including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.

There is no guarantee that your use of the Site will be secure, uninterrupted, always available, and error-free or will meet your requirements or that any defects in the Site will be corrected. AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) disclaims liability for, and no warranty, representation, condition or other term is made with respect to, the connectivity and availability of the Site.

Under no circumstances will AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, provided through the Services, or transmitted to or by any members.

Liability

To the maximum extent permitted by law, in no event will AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) be liable for any direct, indirect or consequential loss or damage arising out of or relating, directly or indirectly, to the use or inability to use the Site or Services, including, without limitation, loss of income or revenue, loss of corruption of data or programs, loss of goodwill and loss of anticipated savings, even if AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) knows or has been advised of the possibility of such loss arising.

Indemnity

You agree to indemnify AVTGARDENIA (WEBSITE : AVTGARDENIA.COM), M/s L J International Ltd., its officers, directors, employees, agents and third parties for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (i) your use of or inability to use the Site or Services, (ii) any content or information posted by you, (iii) your violation of these terms of use or your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules or regulations.

AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to provide AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) with full co-operation if AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) chooses to exercise this right.
Information about you and your visits to the Site

AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) processes information about you in accordance with its privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

Links to and from other sites

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Term and termination

These terms of use will become effective from the point at which you click the URL to enter our Website and use the Site or the Services (or where you expressly accept these terms of use by registering with AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) and will remain in full force and effect unless terminated hereunder.

Your subscription, if any granted, will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current non-promotional subscription rate.

Either AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) or you may terminate your user account at any time and for any reason by following procedures to unsubscribe for the services if any availed off. AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) reserves the right to suspend immediately or terminate your access to any of the Services, without notice, for any reason. AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) also reserves the right to remove your account information or data from the Site and any other records at any time at its sole discretion. If your access to any of the Services is suspended due to the breach of these terms of use, you agree that all fees, if any, then paid to AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) by you will be non-refundable and all outstanding or pending payments will immediately be due. Following any termination of your use of the Services, AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) reserves the right to send a notice explaining such termination to other members you have contacted through the Site.

Changes to these terms of use

AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) may revise these terms of use at any time by amending this page. As a user, you are expected to check this page from time to time to take notice of any changes AVTGARDENIA (WEBSITE : AVTGARDENIA.COM) makes, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Site.

Jurisdiction and applicable law

These terms of use and the documents referred to in them shall be governed and construed in accordance with INDIAN law. Any disputes relating to these terms of use, the documents referred to in them or the Site or the Services will be subject to the exclusive jurisdiction of the courts in Kochi, Kerala, INDIA.

Privacy Policy

We at Avtgardenia (Website : avtgardenia.com) are committed to protecting and respecting your privacy as a browser to our website.

When you click on our webpage you agree to be bound by this policy as updated from time to time. So please read this document first and take a print out of the same for future purposes.

This policy will tell you about:

  • Who we are
  • What data we collect
  • What we do with this data
  • Where we store this data
  • How long we store your data for
  • Steps taken to keep data safe
  • Our Cookie policy
  • Third Party Links
  • Our right to amend our policy

1. Who we are:

Avtgardenia (Website : avtgardenia.com) is the online store of M/s L J International Ltd, that ensures ease of buying plants for domestic use within India. The avtgardenia (Website : avtgardenia.com) store has a wide ranging collection of plants.

2. The information we collect about you:

When you use our website, we may collect and process different types of information about you like name, address, telephone, email address and any other information you submit when you create a profile and sign up to our Services.

We automatically identify your location according to the IP address assigned to your computer machine or mobile device by your Internet Service Provider, and mobile location data.

3. How we use your information

The data we collect from you is used for the following core purposes:

  • To administer your browsing activity with us (including notifying you of any announcements, updates, special offers or services, should you consent to this)
  • To help us improve the structure, layout and usability of the Services
  • To allow you to participate in any future interactive features of the Services (including the features that require the mobile phone number)
  • To help personalise your repeat visits and usage of the Services
  • To provide you with information on products or services or news and offers that you request from us (see below under ‘Marketing’ for more information)
  • To notify you about changes to our service or the functionality of the Site
  • To carry out market analysis and research
  • To ensure that you are complying with the terms and conditions of use and to comply with our statutory and regulatory obligations

We may be required by law e.g. through potential or actual litigation, court order, public or governmental authorities, or rules and regulations within or out with your country of residence to disclose all or part of your information to third parties. We may also deem it necessary to make such a disclosure in the event of an issue of national security, law enforcement or other such similar situations as we deem necessary including, for example, allegations of alleged infringement of copyright, trademarks or other third parties’ rights by users. We share your personal information with our partner service providers in order to provide their Services to you including those parties who assist us with information processing, credit and payment processing, fulfilment of your subscription order, managing and hosting data, conducting consumer research etc. These disclosures relate to providing our Services, improving our Services and delivering targeted advertising to you. We do not provide your contact details to third parties for direct marketing by them to you.

If you have consented to receive marketing communications from third parties, your data may be passed on to such third parties as we enter into data sharing agreements with, from time to time, for marketing purposes. We cannot be held liable for the content of the third party’s communications or products/services they are promoting. If you have provided this consent, but change your mind, you can opt-out at any time (see below). Please be advised that you will also require to contact the individual third parties who have been marketing to you if you wish to stop receiving their communications directly.

4.Where we store your data

The personal data that we collect from you may be transferred to, and stored in reliable servers. We will take all steps reasonably necessary to ensure that your data is kept secure and in accordance with this privacy policy.

5. How long we keep your data for

We only store data for as long as it is necessary to provide products and Services to you and others, with information typically being held until you cancel your membership.

6. Keeping your data secure

Any transmission of information via the internet is not completely secure. We will do our best to protect your personal data but cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will take security measures to try to prevent unauthorised access.

7.Our cookie policy

We implement Cookies in our Avtgardenia (Website : avtgardenia.com) website and we may collect information about your computer or mobile device by using Cookies. They are small text files that are placed on your computer by websites that you visit and provide statistical data to us, that does not identify you personally but an tell us a lot about your browsing habits to tailor your user experience to suit your needs. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. If you use our site you are consenting to the use of Cookies.

8. Links to other third party websites

The Avtgardenia (Website : avtgardenia.com) website may, from time to time, contain links to and from the websites of our third party networks, advertisers and affiliates. Please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

9. Our rights to amend this policy

Avtgardenia (Website : avtgardenia.com) reserves the exclusive rights to regularly review and make changes to its privacy policy which will be published in this page. We encourage you to regularly review our privacy policy to make sure you are always aware of the changes

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

Lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by You and between “Bank/s”, or Any payment issues arising out of the transaction, or Decline of transaction for any other reason/s.

All payments made against the purchases/services/subscriptions on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

  1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal contractual obligations between Buyer/Subscriber and Seller and payment facility is merely used by the Buyer/Subscriber and Seller to facilitate the completion of the Transaction.
  2. You have specifically authorized Avtgardenia (Website : avtgardenia.com), M/s L J Internationl Ltd or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price to and from other Users in respect of transactions through Payment Facility. Your relationship with Avtgardenia (Website : avtgardenia.com) is on a principal to principal basis and by accepting these Terms of Use you agree that Avtgardenia (Website : avtgardenia.com) is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Avtgardenia (Website : avtgardenia.com) that are paid for by using the Payment Facility. Avtgardenia (Website : avtgardenia.com) does not guarantee the identity of any User nor does it ensure that a Buyer/Subscriber or a Seller will complete a transaction.
  3. You understand, accept and agree that the payment facility provided by Avtgardenia (Website : avtgardenia.com) is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Avtgardenia (Website : avtgardenia.com) Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Avtgardenia (Website : avtgardenia.com) is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

  4. Payment Facility for Buyers:

    • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Transaction Price through your issuing Bank to the Seller using Payment Facility.
    • You, as a Buyer may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
    • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make you ineligible for a refund.
    • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence you may not be entitled to a refund in respect of the Transactions for those products and /or services.
    • Refund, if any, shall be made at the same issuing Bank from where Transaction Price was received.
    • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
    • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
    • Refund shall be conditional and shall be with recourse available to Avtgardenia (Website : avtgardenia.com) in case of any misuse by Buyer.
    • Refund shall be subject to Buyer complying with Policies.
  6. Avtgardenia (Website : avtgardenia.com) reserves the right to impose limits on the number of Transactions or Transaction Price which Avtgardenia (Website : avtgardenia.com) may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  7. Avtgardenia (Website : avtgardenia.com) reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Avtgardenia (Website : avtgardenia.com) or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  8. Avtgardenia (Website : avtgardenia.com) may do such checks as it deems fit before approving the receipt of/Buyer’s commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Avtgardenia (Website : avtgardenia.com). As a result of such check if Avtgardenia (Website : avtgardenia.com) is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyer/Subscribers commitment to pay Transaction Price.
  9. The Buyer acknowledge that Avtgardenia (Website : avtgardenia.com) or M/s L J International Ltd. will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/ Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Avtgardenia (Website : avtgardenia.com).

  10. Compliance with Laws:

  11. Buyer shall comply with all the applicable laws of INDIA for using Payment Facility and Avtgardenia (Website : avtgardenia.com) Website.

  12. Buyer’s arrangement with Issuing Bank:

  13. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

Delivery policy

Consignments will be shipped to the customer by Speed postparcel/Courier whichever is available. We cannot assure door delivery for all orders which will be subject to the delivery location. Avtgardenia (Website : avtgardenia.com) will not be responsiblefor the damage of plants due to delay of collecting the parcel from post office/delivery office or delay due to door closing at the time of delivery or change in postal address registered and no such claims shall not be accepted thereof.
Please ensure your address mentioned for delivery is correct for speed and secure delivery.

Return & Shipping Policy

Avtgardenia (Website: avtgardenia.com) wants to ensure our customers have a hassle-free shopping experience, where you can make purchases confidently. Avtgardenia (Website : avtgardenia.com) has a comprehensive return policy which is tailored to protect our customers.

Return Policy

Live Plants arehighly perishable, and hence have limitations in providing replacements. Therefore we do not offer any replacement or refundable in normal circumstance. If the plant reaches you in damaged condition, you can return it to M/s L J International Ltd, but no claim regarding quality, quantity or description of the products supplied shall be accepted by us unless the Customer notifies us with details of any deficiencies within 24 hours of receipt/purchase of the products by the Customer. Also the customer has to send indicative images of the product by email at the customer care email ID in case he/she is claiming that the product is damaged or is not meeting the description.

The buyer recognizes and agrees that plants may be degraded, damaged, or killed by heat, cold, lack of water, exposure to direct harsh sunlight or chemical, improper handling or careless transportation and recognizes that after delivery all these factors are beyond the company’s control. No claim regarding quality, quantity or description of the plants supplied shall be accepted by us unless the Buyer notifies us with details of any deficiencies within 24 hours of receipt/purchase of the plants by the Buyer. The plants should be returned in its actual condition at the time of delivery. The plants will be recalled then and the exchange will be shipped to you the sooner.

Cancellations of orders will be considered only if the request is made within 24 hours of placing an order. However cancellation requests will not be considered if the orders have been processed by us and the plants are prepared for despatch from our nursery.

Shipping Policy

All plants will be carefully packed and shipped to avoid any form of damage through speed post or the logistic partners mentioned on the website. The plants will be shipped once the requested plant is in stock with Avtgardenia (Website : avtgardenia.com) . When the package arrives depends upon your location and the carrier but the estimated time of delivery is within 4-7 working days for all domestic orders. If the package is not received with 4-7 working days, you should immediately contact us through email to track your package and help you tracing the package in case of delay in the transit.

Shipping Rates

Shipping charges are based on the actual weight or volumetric weight whichever is higher. Avtgardenia (Website : avtgardenia.com) shipping charges include cost to ship with tracking numbers and our cost to box and pack and the carrier charge for truck and fuel. Avtgardenia (Website : avtgardenia.com) absorbs routine extra fees when the cost escalation occur and the charge being calculated by the website for shipping quoted in the shopping cart is the charge the customer shall be paid regardless.