Welcome to Berrieswala. These Terms of Service ("Terms") govern your use of berrieswala.in (the "Site") and any purchase you make from us.

By using this Site or placing an order, you agree to these Terms. If you don't agree, please don't use the Site.

1. Who we are

The Site is operated by [Full Legal Entity Name], a [sole proprietorship / private limited company] registered in India, trading as Berrieswala.

Registered address: Unit 4, Kotla Fruit Market, Shimla, Himachal Pradesh 171001, India GSTIN: [] FSSAI Licence No.: [] Email: hello@berrieswala.in Phone: +91 98765 43210

Throughout these Terms, "we", "us", and "our" refer to Berrieswala. "You" refers to the user or customer.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a contract under the Indian Contract Act, 1872, to place an order. By ordering, you confirm that you meet these conditions and that the information you provide is accurate and complete.

We do not knowingly sell to minors. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

3. Your account

You can shop as a guest or create an account. If you create one:

• Keep your password confidential and don't share your login
• You're responsible for all activity under your account
• Tell us immediately at hello@berrieswala.in if you suspect unauthorised use
• Provide accurate information and keep it current

We may suspend or terminate an account that we reasonably believe has been used fraudulently, to abuse discount codes or refund policies, or in breach of these Terms.

4. Products, harvest variation, and availability

4.1 Fruit is a natural product

Our berries are grown, not manufactured. Size, colour, sweetness, firmness, and appearance vary between harvests, varieties, and seasons. Photographs on the Site are representative and taken from real harvests, but the fruit you receive will not be identical to the images.

Variation of this kind is a characteristic of fresh produce, not a defect, and is not grounds for a refund. Fruit that arrives spoiled, crushed, or unfit to eat is covered — see our Return & Refund Policy.

4.2 Availability is not guaranteed

We list products based on expected harvest. Weather, yield, and pest pressure can reduce or eliminate availability at short notice. Listing a product on the Site is not a guarantee that we can supply it.

If we cannot fulfil your order in whole or in part, we will contact you and either offer a substitute of equal or greater value with your consent, or cancel the affected items and refund you in full. We will not substitute without asking you first.

4.3 Weights and quantities

Weights are approximate and given net at the time of packing. Fresh produce loses a small amount of moisture in transit; minor weight variation of up to [5]% is normal and not a shortfall.

5. Food safety, allergens, and health

• All products are prepared and packed under our FSSAI licence in accordance with applicable food safety law.
• Some products are processed in a facility that also handles [nuts, seeds, dairy, gluten]. If you have a serious allergy, read the packaging carefully and contact us before ordering. We cannot guarantee an entirely allergen-free environment.
• Ingredients, nutritional information, and "best before" dates are printed on the packaging. Where the Site and the packaging differ, the packaging is authoritative.
• Store products as directed on the label. Fresh berries must be refrigerated on arrival.
• Nothing on the Site, in our marketing, or on our social media is medical or nutritional advice. Statements about the benefits of berries are general in nature and are not claims to treat, cure, or prevent any condition. Consult a qualified professional about your own diet or health.

6. Orders and contract formation

An order placed through the Site is an offer to buy, not a completed contract. The contract is formed only when we send you a dispatch confirmation. An order confirmation email acknowledges receipt; it does not oblige us to supply.

We may decline or cancel an order, in whole or in part, where:

• The product is unavailable or the harvest has fallen short
• There is a pricing or listing error (see Section 7)
• Your address is outside our serviceable area for that product
• Payment fails, is reversed, or is flagged as fraudulent
• We reasonably suspect resale without authorisation, discount abuse, or a pattern of unfounded refund claims
• Delivery would be unsafe or impossible in the conditions

If we cancel after taking payment, we refund you in full.

7. Pricing and payment

• All prices are in Indian Rupees (₹) and are inclusive of GST unless stated otherwise. GST is shown on your invoice.
• Prices exclude shipping, which is calculated at checkout. See our Shipping Policy.
• Prices change with the season. Fresh produce pricing moves with harvest and market conditions. The price that applies is the one displayed at the time you place your order.

Pricing errors

Despite our best efforts, items are occasionally mispriced. If a product's correct price is higher than the price shown, we will contact you before dispatch and give you the choice of paying the correct price or cancelling for a full refund. We are not obliged to supply at an incorrect price, even after an order confirmation.

Payment

We accept [UPI, credit and debit cards, net banking, wallets, and Cash on Delivery where available]. Payments are processed by [Razorpay / Shopify Payments], and we do not store your full card or UPI credentials — see our Privacy Policy.

You confirm that any payment method you use is lawfully yours to use. Orders are dispatched only after payment is authorised, or after COD is confirmed.

8. Shipping, returns, and refunds

The following policies form part of these Terms:

• Shipping Policy — dispatch schedules, serviceable zones, cold-chain handling, delays
• Return & Refund Policy — freshness guarantee, claim windows, refund timelines
• Privacy Policy — how we handle your personal data

Please read them. Where they address a specific issue in more detail, they take precedence over these general Terms.

9. Promotions, discount codes, and gift cards

• Discount codes are single-use per customer unless stated otherwise, cannot be combined unless we say so, have no cash value, and may be withdrawn at any time
• Promotions are subject to any additional terms published with them
• Gift cards are non-refundable and cannot be exchanged for cash, except where required by law
• We may cancel orders and void codes where we reasonably believe a code has been obtained or used fraudulently, shared publicly against its terms, or used through multiple accounts to circumvent limits

10. Intellectual property

All content on the Site — including our name, logo, product photography, orchard imagery, copy, packaging design, and graphics — is owned by or licensed to Berrieswala and protected by Indian and international intellectual property law.

You may view, download, and print content for your own personal, non-commercial use. You may not reproduce our photography or copy for commercial purposes, use our brand name or marks without written permission, sell our products under another brand, or scrape the Site for data or to train machine learning models.

Sharing our posts and tagging us on social media is welcome and encouraged.

Your content

If you submit a review, photo, or comment, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display it in our marketing, on the Site, and on social media, with attribution to your display name or handle. You confirm the content is yours to share and isn't unlawful, defamatory, or infringing. We may remove any submitted content at our discretion.

11. Acceptable use

You agree not to use the Site to:

• Break any law, or infringe anyone's rights
• Transmit malware, viruses, or harmful code
• Scrape, spider, or harvest data by automated means
• Interfere with, overload, or attempt to gain unauthorised access to the Site or its security
• Submit false information, impersonate anyone, or place fraudulent orders
• Harass, abuse, threaten, or discriminate against our staff, delivery partners, or other customers
• Resell our products commercially without a wholesale agreement

We may restrict or terminate your access for breach of this section.

12. Third-party links and services

The Site contains links to third-party sites and services, including payment gateways, couriers, and social media platforms. We don't control them and aren't responsible for their content, policies, or practices. Your dealings with third parties are between you and them.

13. Disclaimers

The Site and its content are provided "as is" and "as available". We don't warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components, or that descriptions, images, or other content are complete, accurate, or current.

We may modify, suspend, or discontinue any part of the Site, or any product, at any time without notice.

14. Limitation of liability

To the maximum extent permitted by law:

• Our total liability arising from any order is limited to the amount you paid for that order, including shipping
• We are not liable for indirect, incidental, or consequential loss, including loss of profit, business, or opportunity
• We are not liable for loss arising from your failure to store products as directed, your consumption of a product despite a stated allergen warning, delivery failure caused by an incorrect address or unavailability, or events beyond our reasonable control (Section 15)

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited. Your statutory rights under the Consumer Protection Act, 2019 are unaffected.

15. Force majeure

We are not liable for delay or failure to perform caused by events beyond our reasonable control, including crop failure, extreme weather, landslides, floods, snowfall, earthquakes, fire, epidemic or pandemic, strikes, bandhs, curfews, civil unrest, war, government action, courier or airline network failure, power outages, or internet and payment gateway disruption.

Where such an event prevents us fulfilling your order, we will notify you and refund you in full.

16. Indemnity

You agree to indemnify and hold harmless Berrieswala, its owners, employees, and partners from any claim, loss, liability, or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right.

17. Governing law and disputes

These Terms are governed by the laws of India. Subject to the paragraph below, the courts at Shimla, Himachal Pradesh have exclusive jurisdiction.

Please contact us first. Most problems are resolved in a single email. Write to hello@berrieswala.in and we'll respond within one business day. If we can't resolve it, you may escalate to our Grievance Officer (details in our Privacy Policy), or to the National Consumer Helpline on 1915 or at consumerhelpline.gov.in.

Nothing here prevents you from bringing a complaint before a consumer forum with jurisdiction where you reside, as permitted under the Consumer Protection Act, 2019.

18. General

• Severability: if any provision is found unenforceable, the rest remains in effect
• No waiver: our failure to enforce a provision isn't a waiver of it
• Entire agreement: these Terms, together with the policies referenced in Section 8, are the entire agreement between us
• Assignment: you may not transfer your rights under these Terms; we may assign ours on a business transfer or restructuring
• Language: these Terms are in English; any translation is for convenience only

19. Changes to these Terms

We may update these Terms at any time by posting a revised version on this page with a new "Last updated" date. The Terms in force when you place your order are the ones that apply to that order. Continued use of the Site after changes means you accept them.

20. Contact us

Email: hello@berrieswala.in — we reply within one business day Phone / WhatsApp: +91 98765 43210 — Mon–Sat, 10am – 6pm IST Address: Unit 4, Kotla Fruit Market, Shimla, Himachal Pradesh 171001, India Instagram: @berrieswala

Berrieswala — fresh from the Himalayan orchards.