TERMS, CONDITIONS, AND WEBSITE USAGE AGREEMENT
Welcome to Earth & Ember Spices!
This website www.earthemberspices.com is owned and operated by Company, operating under the brand name Earth & Ember Spices. These Terms and Conditions (“Terms”) govern your use of our Website, any online account creation, and the purchase, supply, or sale of our products – spices, spice blends, Whole spices & seeds and related commodities (collectively, “Products”) from the Company by any buyer, customer, visitor, or user (“User”, “Buyer”, “you”, or “your”).
By accessing this Website, registering an account, or placing an order, you unconditionally agree to be legally bound by these Terms.
- WEBSITE OWNERSHIP, CONTENT USAGE & INTELLECTUAL PROPERTY
- Ownership & Permitted Use: All text, graphics, photographs, product images, trademarks, logos, packaging designs, and computer code on this Website are owned by, controlled by, or licensed to Earth & Ember Spices (“Company”) and are protected under applicable intellectual property laws. Website content is provided for informational purposes. You may access and use the Website for lawful personal, non-commercial purposes only. Any unauthorised reproduction, distribution, modification, or commercial use of the Website content is prohibited without the Company’s prior written consent, except as permitted by applicable law.
- Copyright & Trademarks: All materials on this Website are protected under the Copyright Act, 1957, and applicable Indian trademark laws. No content may be copied, reproduced, modified, distributed, published, or used commercially, or incorporated into any other work or website, without the prior written consent of Earth & Ember Spices, except as permitted under applicable law.
- IP Enforcement & Termination: Any unauthorised use, reproduction, or infringement of the Company’s intellectual property rights is strictly prohibited. Earth & Ember Spices reserves the right, to the extent permitted by applicable law, to suspend or terminate Website access, restrict account privileges, and initiate appropriate legal proceedings against any User found to have infringed such rights or violated applicable intellectual property laws.
- Third-Party Links: This Website may contain links to independent third-party websites for convenience and informational purposes. Earth & Ember Spices does not control or endorse such websites and shall not be responsible for their content, availability, accuracy, security, or privacy practices. Access to such websites is at the User’s own discretion and risk.
- USER-GENERATED CONTENT & TRANSMISSION
- Ownership of Communications: Any communication, feedback, suggestions, product reviews, or materials you post or submit through this Website shall automatically become the exclusive property of the Company.
- Rights to Use Content: The Company reserves the right to use, reproduce, modify, and publish such user-submitted content for any purpose whatsoever (including marketing, testimonials, or product developments) without compensation to you.
- Third-Party Infringement: By submitting content, you warrant that the material is your own original creation and does not infringe upon the intellectual property, privacy, or proprietary rights of any third party.
- Personal Data Privacy: While communications become the property of the Company, any personal data shared within those communications will be handled securely as per the Privacy Policy. The Company will not share, sell, trade, or rent your personal data to third parties for unknown reasons.
- LEGAL COMPLIANCE & PRODUCT DISCLAIMERS
- Regulatory Compliance: Earth & Ember Spices shall ensure that its food Products are manufactured, processed, packaged, labelled, and marketed in accordance with applicable food safety laws and regulations in India, including the requirements of the Food Safety and Standards Authority of India (FSSAI), under FSSAI Licence/Registration No. 11226998000590, as applicable.
- Agricultural & Natural Variations: Spices are natural agricultural commodities. You acknowledge that minor variations in colour, aroma, flavour profile, moisture content, or particle size are intrinsic to natural crops and shall not be deemed as product defects or grounds for order rejection.
- Image Illustrative Purpose: All product images displayed on the Website or e-store are for illustrative and representational purposes only. Final packaging design or physical appearance may slightly vary.
- Storage and Preservation Responsibilities: Spices must be stored in a cool, dry, dark place inside airtight containers. The Company explicitly disclaims liability for product degradation, insect infestation, mold, or spoilage resulting from improper storage, handling, or exposure to environmental factors post-delivery.
- Allergen Cautionary Notice: Our processing facility handles multiple food ingredients. Products may contain traces or have been processed alongside potential allergens. The Buyer assumes full responsibility for checking allergen compatibility prior to consumption. Customers with severe food sensitivities are advised to review product ingredients carefully before consumption.
- ORDERS, PAYMENTS, & BANKING LIABILITIES
- Payment Warranties: When purchasing through our e-store, you represent and warrant that:
- (i) Any credit, debit, or banking information you supply is completely true and accurate.
- (ii) Charges incurred by you will be honoured by your credit card company or banking institution.
- (iii) You will pay the charges incurred by you at the posted prices, including all applicable shipping fees and taxes.
- Price Fluctuations & GST: All prices are listed in Indian Rupees (INR) and are subject to revision without prior notice to account for seasonal crop volatility. Applicable Goods and Services Tax (GST)will be calculated at prevailing government rates and billed additionally at checkout.
- Transaction Decline & Banking Limits: The Company, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by the cardholder with their acquiring bank.
- Order Discretion: We reserve the right to cancel or refuse any order due to sudden stock stockouts, crop failures, typographical pricing errors, or regional delivery route restrictions.
- SHIPPING, DELIVERY, AND MANDATORY UNBOXING
- Delivery Estimates: Any delivery timelines or transit schedules provided by the Company are estimates only. The Company is not financially liable for delays caused by third-party logistics partners, regulatory checkpoints, or adverse weather.
- Perishable Food Policy: Due to strict food safety, hygiene, and public health regulations, all sales of spices and food products are final. The Company does not accept returns or exchanges for opened or untampered packages.
- Mandatory Inspection & Unboxing Video: The Buyer must inspect the package immediately upon arrival. Any claims regarding transit damages, leakages, shortages, or incorrect product variants must be reported within 48 hours of delivery. To process any replacement or refund claim, you must provide an unaltered, continuous unboxing video from start to finish alongside clear photos of the shipping label.
- INDEMNIFICATION & LIMITATION OF LIABILITY
- User Indemnity: You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, employees, agents, and representatives from any and all third-party claims, liabilities, damages, costs, and expenses (including legal fees) arising from your breach of these Terms, misuse of the Website, or infringement of intellectual property.
- Cap on Financial Liability: To the maximum extent permitted under applicable law, the cumulative financial liability of the Company for any product issue, breach of contract, or negligence shall strictly be capped at the exact invoice amount paid by the Buyer for that specific disputed order.
- GENERAL AMENDMENTS, SPECIFIC TERMS, & JURISDICTION
- Specific Campaign Terms: The Website may run specific event terms of use from time to time (e.g., registration rules, competitions, festive contests, and discount campaigns). By participating in those parts of the site, you agree to those campaign-specific terms. In case of a conflict between these general Terms and specific campaign terms, the specific terms shall prevail.
- Legal Notice Updates: The Company reserves the right to change, correct, or modify these Terms at any time without prior notice. It is your responsibility to review this page periodically to check for updates.
- Governing Law & Jurisdiction: These terms are governed by the laws of India. Any dispute arising from your purchase or use of the Website shall first be attempted to be resolved amicably. If mutual consultation fails, courts located in Bengaluru, Karnataka shall have exclusive jurisdiction over all legal proceedings.
Thank You for Being Part of Our Journey!
At Earth & Ember Spices, every spice tells a story, every flavour carries a tradition, and every order is a promise of quality and authenticity. Thank you for trusting us to bring the warmth of authentic Indian flavours to your kitchen. Your support inspires us to keep our roots strong and our flavours extraordinary.
Earth & Ember Spices — Where Earth Meets Extraordinary Flavour.