Terms and Conditions

NOTE: THESE TERMS AND CONDITIONS OF SALE CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER, THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH TOKITA SEED INDIA PRIVATE LIMITED ("TSI", "WE" OR "US"). YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

1. Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered. The Website only sells products to individuals who can purchase with a credit card/debit card or bank account. If you are under eighteen (18), you may only purchase products using the Website with the involvement and supervision of a parent or guardian.

TSI reserves the right to cancel orders at its discretion including without limitation if your payment is rejected or otherwise cannot be processed. If we cancel an order, it will be without charge to you. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto.

2. Privacy

Please review our Privacy Policy, which also governs your visit to the Website to understand how TSI uses your information.

3. Our Contract

When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation Email is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've shipped the product to you (the "Shipping Confirmation E-mail"). Your contract is with Tokita Seed India Private Limited. We will retain the title in the products until full payment has been made by you and has been received by TSI. TSI reserves the right to hold any orders after the Shipping Confirmation E-mail has been sent out for internal review. In the event that TSI is unable to supply the products in your order due to stock availability, the order will be cancelled and a refund processed.

If you place a pre-order for a product, your order will be confirmed as set out above and payment will be taken upon shipment. Your Order Confirmation Email will advise when you can expect to receive the pre-ordered product. Please note that if you order available products with the pre-ordered product, your entire order will be shipped once the pre-ordered product becomes available.

TSI reserves the right to hold any orders prior to shipping for security review. TSI only delivers its products to the locations listed on the Website. We regret that we cannot ship to any place outside the Indian States. To place an order for shipment outside of the Indian States, you will need to access the area of the Website specific to your shipment country via the Menu tab. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.

4. Deliveries

We will endeavor to deliver all products you have ordered within the time period specified on your Order Confirmation Email.

All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Shipping Confirmation Email but your products have not arrived within the time specified in the Shipping Confirmation Email, please contact us, and we will take all reasonable steps to assist you. Note that during exceptionally busy periods or when the weather is particularly inclement, please allow an additional day before raising a query.

If your order has not been received within our specified timescales as further set out below, in the first instance please check with your local courier delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us, and we will do our best to assist.

5. Returns

You can only use the following process to return TSI products which have been purchased directly through this Website.

If for any reason you are not happy with your TSI products, please follow our returns procedure so that we can assist you in the exchange or refund of your order. Our return procedure does not affect your statutory rights.

6. Discrepancies

If there are any discrepancies with your order, you must notify us within seven (7) working days of receipt. If you have been shipped the incorrect goods then please do accept our apologies. Any replacements will be sent to you at no extra cost to yourself.

7. Pricing and Availability

All prices are quoted in INR and are exclusive of any applicable taxes. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable. Despite our best efforts, a small number of the products on the Website may be mispriced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.

8. Limitation of Liability

TSI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ORDERS MADE VIA THE WEBSITE OR ARISING FROM USE OF THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

9. Electronic Communications

When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10.Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to these Terms and Conditions of Sale at any time. Your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

11. Events Beyond Our Reasonable Control

TSI will not be held responsible for any delay or failure to comply with our obligations under these Terms and Conditions of Sale if the delay or failure arises from any cause that is beyond our reasonable control. This condition does not affect your statutory rights.

12. Waiver

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation, or in the same situation at a different time, where you breach these conditions.

13. Governing Law and Jurisdiction

Any disputes relating to any purchase by you on the Website of any products and these Terms and Conditions of Sale will be governed by and construed in accordance with the laws of the India. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts in India.

14. Resale

You may purchase products from the Website for personal use only and not for resale. If you would like to be contacted with regard to becoming an official TSI reseller, please send your business contact details to TSI and a member of our sales team will be in contact with you shortly.

15. Color Disclaimer

We have made every effort to accurately represent the products on the Website. However, as colors vary between monitors and operating systems, we cannot guarantee that the colors that appear on your screen accurately reflect the actual colors of products.

16. Legal Statement

Tokita Seed India and Tokita Seed logos are trademarks of Tokita Seed CO, Ltd.