1. Introduction and Agreement
Welcome to BMK Eco Farms! These Terms and Conditions (“Terms”) govern your access to and use of our website located at bmkecofarms.com (the “Site”), including any content, functionality, and services offered on or through the Site, primarily the sale of natural pet treats, exotic fruits, and other farm products (“Products”).
Please read these Terms carefully before you start to use the Site. By accessing or using the Site, placing an order, or clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site.
2. Use of the Website
- Eligibility: By using this Site, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract.
- Account Security: If you create an account on our Site (e.g., via WordPress or Google Sign-in), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.
- Accuracy of Information: You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
- Prohibited Conduct: You agree not to use the Site for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Site in any way that could damage the Site, the services, or the general business of BMK Eco Farms.
3. Products and Services
- Product Descriptions: We strive to describe our Products accurately on the Site. Products include, but are not limited to, dehydrated pet treats (such as chicken jerky, organs, fish jerky), fresh exotic fruits (such as Dragon Fruit, Barhi Dates), and other farm goods (such as puffed larva aqua feed). As our Products are natural and often produced in batches based on our sustainable farming practices, please allow for slight variations in colour, size, shape, or texture. Such variations are inherent to natural products and do not constitute defects.
- Availability: All orders for Products are subject to availability. We reserve the right to discontinue any Product at any time for any reason.
- Pet Food Disclaimer: Our pet treats are intended for supplemental feeding only. Ensure fresh water is available for your pet at all times. Please consult with your veterinarian regarding your pet’s specific dietary needs, allergies, or health conditions before introducing new treats. While we use natural ingredients, individual pets may have sensitivities.
4. Pricing and Payment
- Pricing: Prices for our Products are subject to change without notice. All prices are listed in Indian Rupees (INR). Prices listed may or may not include applicable taxes like GST; this should be clearly indicated at checkout. (Action: Please clarify how GST is handled and state it clearly).
- Payment: We accept various payment methods through our secure payment gateway partner, Razorpay. You agree to provide current, complete, and accurate payment information. By submitting such information, you grant us the right to provide the information to Razorpay to facilitate the completion of your purchase.
- Security: We use SSL encryption and work with reputable payment processors like Razorpay to ensure transaction security, but we cannot guarantee absolute security.
5. Orders
- Order Process: Placing an item in your cart does not reserve it. An order is considered an offer to purchase. We may send you an email confirming receipt of your order, but this does not constitute acceptance.
- Order Acceptance: Order acceptance and the completion of the contract between you and us will occur upon our dispatch of the ordered Products, unless we have notified you that we do not accept your order, or you have cancelled it in accordance with our Cancellation Policy.
- Right to Refuse/Cancel: We reserve the right to refuse or cancel any order at our discretion, including but not limited to orders due to limitations on quantities available, inaccuracies or errors in product or pricing information, potential fraud, or inability to service the delivery pincode.
6. Shipping and Delivery
- We partner with Shiprocket for shipping services. Shipping times are estimates only and may vary.
- Shipping costs, if applicable, will be displayed at checkout. Please refer to our Shipping Policy [Link to Shipping Policy Page, if you have one] for more details.
- Risk of loss and title for items purchased pass to you upon our delivery to the carrier (Shiprocket).
7. Cancellation, Returns, and Refunds
- Please refer to our dedicated Cancellation and Refund Policy for detailed information on cancelling orders, our policy on returns (generally not accepted due to product nature), reporting damaged/incorrect items, requesting replacements, and conditions for refunds.
8. Intellectual Property
- All content included on the Site, such as text, graphics, logos (including BMK Eco Farms logo), images, audio clips, video, data compilations, and software, is the property of BMK Eco Farms or its content suppliers and protected by Indian and international copyright laws.
- You may not systematically extract or re-utilise parts of the contents of the Site without our express written consent. You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract substantial parts of this Site for re-utilisation without our express written consent.
9. Privacy Policy
- Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding your personal data.
10. Disclaimers
- Website Use: The Site is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties, expressed or implied, regarding the operation of the Site or the information, content, materials, or products included on the Site.
- Product Use: We are not liable for any damages resulting from the improper use, handling, storage, or consumption of our Products. It is the customer’s responsibility to ensure products are suitable for their intended use (e.g., pet treats for their specific pet). Consult professionals (like veterinarians for pet health) as needed. We make no guarantees regarding specific results from using our products.
11. Limitation of Liability
- To the fullest extent permissible by applicable law (Indian law), BMK Eco Farms, including its owners, directors, employees, or agents, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
- In no event shall our aggregate liability exceed the amount you paid to BMK Eco Farms for the specific product(s) giving rise to the claim.
12. Indemnification
- You agree to indemnify, defend, and hold harmless BMK Eco Farms and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
13. Governing Law and Dispute Resolution
- These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India, with specific reference to the laws applicable within the State of Andhra Pradesh, without giving effect to any choice or conflict of law provision or rule.
- Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Nellore, Andhra Pradesh. The language of arbitration shall be English. The decision of the arbitrator(s) shall be final and binding.
- Subject to the arbitration clause, the courts located in Nellore, Andhra Pradesh shall have jurisdiction over any disputes arising from these Terms.
14. Termination
- We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.
15. Age Requirement
- You must be at least 18 years old to make a purchase on our Site. By placing an order, you confirm that you meet this age requirement.
16. Modifications to Terms
- We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will post the updated Terms on this page and update the “Last Updated” date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. Please review this page periodically for updates.
17. Severability
- If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
18. Entire Agreement
- These Terms and our Privacy Policy constitute the sole and entire agreement between you and BMK Eco Farms regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
19. Contact Information
- If you have any questions about these Terms and Conditions, please contact us at: contact@bmkecofarms.com
Last Updated: 13 April, 2025