Terms and conditions

THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011 AND CONSUMER PROTECTION (E COMMERCE RULES) 2020. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN THE PREMIUM BASKET AND USER. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN THE PREMIUM BASKET AND USER FOR PRODUCTS THROUGH PLATFORM https://thepremiumbasket.com IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY THE PREMIUM BASKET.

1. INTRODUCTION

Welcome to https://thepremiumbasket.com, the official website of The Premium Basket — a brand owned and operated by Zi Jibla Ventures Private Limited, a company duly incorporated under the Companies Act, 2013. The Premium Basket offers a curated range of premium dry fruits and gourmet confectioneries tailored to the needs of individuals and corporations alike. “The Premium Basket” is a registered trademark, and all rights are reserved under applicable laws of India. Any reference to The Premium Basket shall, unless repugnant to the context, include its successors and assigns.

If You (“You/Yourself/ Guest”) continue to browse and use this Platform, You are agreeing to comply with and be bound by these terms and conditions for the use of the Platform (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern Platform’s relationship with You. If You disagree with any part of these Terms of Use, You may not use this Platform.

2. DEFINITIONS

1. “Defective Products” include;
   • expired or not as per the description of the Product as posted on the Platform or;
   • defective or damaged or not suitable for use or;
   • Wrong Product.
2. “The Premium Basket”; “us”; “we”; “our” shall mean, The Premium Basket , Private Limited Company in India , having its business premises at A-604, Blossom Apartment, Raheja Complex,Near Patri, Kalyan City, Kalyan, Thane- 421301, Maharashtra
3. Product(s)” shall mean different categories of dry fruits available on the Platform. Products include without limitation:
   • Natural Dry Fruits – These require no processing and are sold as is.
   • Salted Nuts: These undergo minimal processing, including roasting, salting, and seasoning.
   • Gourmet Dry Fruits: This category includes a variety of processed products, such as:
     • Seasoned Nuts
     • Dragees (coated confectioneries)
     • Flavored Makhana (fox nuts)
     • Nut Butters made from premium nuts.
4. “Platform” shall mean https://thepremiumbasket.com/ owned, operated and managed by us.
5. “Users” or “You” or “Your” or “Yourself”” shall mean customers who wish to purchase the Products through the Platform.

3. USE OF PLATFORM

1. Use of Platform is subject to these Terms of Use, Privacy Policy and any other policies and conditions that may be notified on the Platform.
2. For Users, there is no fee to access the Platform If You wish to purchase any products available on the Platform, You can do that by merely adding that Product to your cart and by completing the payment procedure.
3. You understand and acknowledge that it is Your responsibility to read and understand all information as well as details about each Product before You proceed to purchase the same.
4. You shall mention your Personal Information including without limitation your full name, address for the delivery, contact number and email ID while placing your order.
5. Before executing payment procedure on Platform, You shall ensure that, You fill in correct data for receiving particular Products as per your requirement. In case of any wrong information or data is provided, You may not be able to receive appropriate Products or on the appropriate address and You shall be solely liable at Your cost for replacement.
6. Once you click on add to cart, You shall be directed to the payment gateway option for making the payment as per the terms and condition specified therein. On making the necessary payment, You shall receive confirmation email/SMS/WhatsApp as may be applicable stating details of Products for which you have placed an order.
7. We may share notification of our upcoming offers on Platform, other social media platforms, and also notify you through emails, WhatsApp and message or any other mode of communication.

4. PRODUCT DESCRIPTION

Through this Platform, we provide Products to Users as mentioned below:

1. Products related to natural dry fruits including:
   • Almonds- American plain, American salted, Iran Mamra
   • Cashew- cashews plain and cashews salted
   • Raisins
   • Anjeer
   • Pistachio- Pistachio salted, Pistachio kernel
   • Walnut
   • Apricot
   • Dates- Mabroom dates, Adjwa dates, Medjool dates
   • Mixed Nuts- salted trio, plain trio, wholesome six
2. Products related to Seasoned Dry fruits including
   • Hickory BBQ
   • American Ranch
   • Pondi pepper
3. Products related to Dragees including:
   • Milk chocolate coffee
   • Milk chocolate hazelnut
   • Valencia orange
4. Products related to Makhanas including:
   • Pink Himalayan sea salt
   • Black salt and cayenne
   • Butter toffee
5. Products related to nut butter including:
   • Almonds
   • Pistachio
   • Cashew
6. We may expand or reduce the range of Products offered by us on the Platform
7. Any recommendation made to You on the Platform during the course of Your use of the Platform is purely for informational purposes and for Your convenience and does not amount to verification or endorsement of the Products by Platform or any of its associates in any manner. Recommendations are not binding on You and are based on a variety of personal factors, including but not limited to user choices, user review, ratings, user testimonials, past performance of Products and experience of Users. Platform shall not be responsible in case your requirements are not satisfied after purchase of the Products.
8. You can rate Products on usage. However, You shall not give any comments or remarks maliciously and not to use derogatory or defamatory language.
9. We may share information regarding new arrivals through emails, WhatsApp or SMS.
10. You understand, acknowledge and agree that Platform shall raise an invoice to you and you shall pay the same amount to Platform as directed.

5. MODE OF PAYMENT

1. Following payment mechanism shall be available on the Platform:
   • Net Banking
   • Credit/Debit Cards
   • UPI
   • Wallet services (e.g., Paytm, Google Pay)
   • Cash on Delivery (COD)
2. User agrees to make payment with the help of payment gateway or by any other mode as mentioned above from time to time. Users agree to abide by and adhere to the terms and conditions of payment gateway providers. Platform shall display prices of the Products and Users liability regarding GST or any other tax as applicable from time to time.
3. The payments shall be secured as per permissible remittance mechanism and payment gateways. The User understands and acknowledges that Platform undertakes utmost care to provide a secure online payment system, however, it is susceptible to hacking, virus attacks, malfunction. The User undertakes all payments subject to own risk and volition. The Platform shall not be liable for any loss or damage that occurred to you due to any such malfunction, errors and/or unscrupulous activities.

6. RETURN & REFUND POLICY

7. SHIPPING POLICY

8. DELIVERY

1. Platform is responsible for facilitating and co-ordinate/assist the delivery of the Products as per order placed and accepted by the Platform. The delivery shall be facilitated by the authorized delivery partner of the Platform.
2. Force Majeure: The timelines related to delivery are mentioned under our Shipping Policy and may get affected in case of occurrence of Force Majeure Evet as defined below and under these circumstances Platform shall not be held liable for delay in delivery of Products to the Users.
   “Force Majeure Event” shall include without limitation acts of nature, forces, or causes such as internet failures, computer equipment failures, telecommunication equipment failures, shortage of personnel, machinery breakdown, strikes, government regulations, epidemics, lockdown, lockouts, floods, storms, electrical failure, civil disturbances, riots, or any other reason beyond the reasonable control of the Platform.

9. CUSTOMER SUPPORT

1. In case You have any complaint related to the Product or use of the Platform, You can email us on customercare@thepremiumbasket.com.
2. In case you notice any Content, which is inappropriate, offensive, indecent or objectionable with respect to religious values, culture, caste, nationality, beliefs You shall email to us on customercare@thepremiumbasket.com.
3. Details of the grievance officer will be provided by The Premium Basket on the Platform, who shall endeavor to address Your complaints within forty-eight (48) hours and redress complaints within one (1) month of date of receipt of complaint.

10. CHANGE IN TERMS

Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products (or any part thereof) available on the Platform with or without notice. Further, the Platform reserves the right to change these Terms of Use at any time. The platform will provide a notification or pop up in case of any changes in Terms of Use and any other Policy. You are responsible for reviewing the Terms of Use on a periodical basis. Continued use of the Platform after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any Policy or practice of ours in operating the Platform or any Content available through the Platform, is to exercise discontinuation of usage of Platform.

11. CONTENT AVAILABLE

We follow ethical business practices and intend to provide the content which is authorized, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that are shared by Users or any other content provider (collectively, the “Content”) which You may have access to as part of the Platform, or through Your use of this Platform. Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Platform on customercare@thepremiumbasket.com. After registering the complaint, Platform will take appropriate legal actions against such incidence including removal of such Content.

12. CONTENT SUPPLIED BY YOU

1. You represent, warrant, and agree that no content or details shared by You with Platform (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
2. You grant us a personal, limited, revocable, non-transferable and non-exclusive right to use Your Content and details including but not limited to blogs, comments, video, audio, trademarks, Product marks, logos etc. submitted by You, You also grant us the right (i) to display Your Content and details on the Platform (ii) promote or distribute it for the access of other customers.
3. You agree that You are solely responsible for Your Content made available by You through the Platform including but not limited to any liabilities arising out of any third-party infringement claims.
4. We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.

13.  PROHIBITED CONDUCT

You agree not to engage in any of the following activities:

1. Violating laws and rights: You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation: You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
3. Disruption: You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Products on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others: You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platform; and You may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission to do so through the Platform.
5. Impersonation or unauthorized access: You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another’s account or personal information; and You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.

14. DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that the use of the Platform is entirely at Your own risk and that the Platform and the Products therein are provided on an “as is” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, The Premium Basket, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Platform and your use thereof.

Platform further disclaims that:

1. Platform intentionally does not provide any Product that may be harmful for the Users however, if a particular User is allergic to a particular Product, Platform shall not be held liable for the same in whatsoever manner and User shall carefully read the Product description before the purchase.
2. The Products are sourced from trusted and well-established wholesale suppliers with whom we have cultivated strong, long-standing relationships. These suppliers are carefully selected to ensure their quality and sourcing standards align with our commitment to excellence, allowing us to deliver premium products to Users. In spite of this, the Platform makes no warranties about the specific taste, texture, or other subjective qualities of the dry fruits.
3. The Platform is not liable for damage or deterioration during shipping or storage, unless caused by negligence attributable to the Platform.
4. Platform has made reasonable efforts to display the photos/images of the Products as accurately as possible however, Product color, size, shape may differ from the image due to photographic lighting, photographic angle, Your monitor setting and other relevant factors. You understand and acknowledge that change in color, size, shape will not be considered as Defective Product and Platform shall not be liable for the return or exchange for the same.

We may occasionally for brief periods suspend the operations of the Platform for maintenance, updates or support work as we may deem appropriate. We are not liable for any inconvenience, loss or damage that may be caused to you during such periods of suspension.

We shall not be responsible for any:

1. Content shared on the Platform from third party;
2. errors, mistakes, or inaccuracies of content;
3. personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Platform;
4. any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
5. any interruption or cessation of transmission to or from the Platform;
6. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or;
7. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via Platform. Platform does not warrant, endorse, guarantee, or assume responsibility for any Product advertised or offered through the Platform or any hyperlinked platform or featured in any banner or other advertising.

15. LIMITATION OF LIABILITY

In no event shall The Premium Basket, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if The Premium Basket has been advised of the possibility of such damages), resulting from any aspect of Your use of the Platform or purchase of the Products, including without limitation whether the damages arise from use or misuse of the Platform, from inability to use the Platform, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of Products or rendered through or advertised in connection with the Platform or any links on the Platforms, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or any links on the Platforms. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that The Premium Basket shall not be liable for user details or content or defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with You.

In any event, the total aggregate liability of Platform to You under any applicable law whatsoever for all loss or damage arising out of access to the Platform shall be limited to the amount of disputed Product purchased by You through the Platform.

16. INDEMNIFICATION

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Details and Content that You submit or transmit for the Products (ii) Your violation of any rights of any other person in connection with the Platform, (iii) infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of this Terms of Use, (v) any breach of applicable law and regulation (vi) any representation and warranties made in relation to the Products and (vi) transactions (present and subsequent) between You and the Users.

17. PRIVACY POLICY

The Platform is committed to responsibly handling the information and data we collect through the Platform in compliance with our Privacy Policy. Please refer to our Privacy Policy. The data provided by the Users shall be kept with the administrator of the Platform and may be used subject to terms of Privacy Policy.

18. OWNERSHIP OF INTELLECTUAL PROPERTY

The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by the firm and its affiliates, subsidiaries, licensors, Users as the case may be. The Platform respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of The Premium Basket.

If You believe that the Platform contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Products infringes a copyright, You may notify us at customercare@thepremiumbasket.com with the details.

All materials on this Platform, including but not limited to audio, images, software, text, icons and such like (the “Platform Content”), are protected by copyright under the copyright laws. You cannot use the Platform Content, except as specified herein. Users are not allowed to use the Platform Content for any purpose other than specifically permitted herein. In case of violation of copyright laws, You shall be liable under Section 51 of Copyright Act, 1957 or any other such regulations from time to time.

The Premium Basket is the trademark filed for registration by Al Juyushi Foods LLP. There may be proprietary logos, Product marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting You any license to utilize those proprietary logos, Product marks, or trademarks. Any unauthorized use of Platform Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

19. TERMINATION

If You wish to terminate this Agreement, You may immediately stop accessing or using this Platform. Your right to access and use the Platform terminates automatically upon Your material breach of any of the terms of these Terms of Use. Platform reserves the right to modify or discontinue Your Account at any time for any material breach of the obligations under these Terms of Use.

Survival: The disclaimer of warranties, the limitation of liability, Indemnity and the jurisdiction and applicable law provisions shall survive any termination.

20. MISCELLANEOUS TERMS

1. Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Thane and the courts in Thane, Maharashtra shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
2. No waiver: The Platform’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.
3. Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
4. No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and the Platform as a result of these Terms of Use or from Your use of the Platform or listing.
5. Entire Agreement: These Terms of Use and Privacy Policy constitute the entire agreement between You and the Platform and supersede any and all prior communications and/or agreements between You and the Platform relating to this subject matter.