TERMS & CONDITIONS

1. Introduction

Welcome to Winfresh.in (Winfresh Commodities Inc) website/company (“Company”, “we”, “our '', “us”)!

These Terms of Products and services (“Terms”, “Terms of Products and services”) govern your use of our website located at Winfresh.in (together or individually “Products and services”) operated by Winfresh Commodities Inc.

Our Privacy Policy also governs your use of our Products and services and explains how we collect, safeguard and disclose information that results from your use of our web pages.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Products and services, but please let us know by emailing at customercare@winfresh.in (customer care) so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Products and services.

2. Communications

By using our Products and services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at customercare@winfresh.in

3. Purchases

If you wish to purchase any product or products and services made available through Products and services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party products and services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or products and services availability, errors in the description or price of the product or products and services, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Products and services may be governed by rules that are separate from these Terms of Products and services. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Products and services, Promotion rules will apply.

5. Refunds/Return

Applicable products are returnable within the applicable return window if you’ve received them in a condition that is physically damaged, has missing parts or accessories, defective or different from their description on the product detail page on Winfresh.in.

Return will be processed only if:

it is determined that the product was not damaged while in your possession;

the product is not different from what was shipped to you;

the product is returned in original condition (with brand’s/manufacturer's box, MRP tag intact, user manual, warranty card and all the accessories therein).

Products may not be eligible for return in some cases, including cases of buyer's remorse such as incorrect model or colour of product ordered or incorrect product ordered.

Products marked as "non-returnable" on the product detail page cannot be returned.

No additional information is required to return an eligible order unless otherwise noted in the category specific policy.

Products may be eligible for replacement only if the same seller has the exact same item in stock.

If the replacement request is placed and the seller does not have the exact same product in stock, a refund may be issued to you as per return guidelines.

Note: If you've received a non-returnable product in a damaged/defective condition, you can contact us within 2 days from the delivery of the product.

What are the conditions for Free Replacement?

Items within return window and in stock (exact same item) with same seller are eligible for free replacement. The free replacement order will be shipped through standard shipping once the original order is returned. Free replacements can be requested if the following conditions apply:

• Item received is physically damaged;

• Item received has missing parts or accessories;

• Item received is different from their description on the product detail page on Winfresh.in; or

• Item received is defective/does not work properly.

Note:

• A free replacement cannot be created for an item which was returned and replaced once earlier.

• If the item has missing parts or accessories, you may try to contact the manufacturer for assistance. Manufacturer contact information can usually be found on the item packaging or in the paperwork included with the item or in manufacturer website

• If your item is not eligible for free replacement due to any reason, you can always return it for a refund.

Products on Winfresh.in will have return/replacement option:

Subject to return/replacement policy provided on the product description, the user will be allowed to replace an already purchased product, if the said product is eligible for return/replacement.

The user will be eligible to return the specific product for reasons other than the product being wrong or damaged.

The user will be eligible for return/replacement of the product if the product received is defective, damaged, wrong or incomplete due to seller’s fault or if the user has received the wrong product.

Return Reason Category

Actual Return Reason

Wrong Product

Wrong Size Delivered

Same product in different colour

Completely different product from the product shown

Defective Product

Product is dirty or with stains

Product is broken

Product is torn

Received incomplete product

Part of the product is missing

Less quantity than ordered

What are the return guidelines?

Prior to creating a return or exchange request on the platform, buyer shall ensure that, the product:

• Must be in its original condition with all the packaging including brand/manufacturer’s box/packaging, tags, warranty cards and other accessories intact;

• must not be damaged in your possession;

• must be unused, unwashed, unsoiled, without any stains and with non-tampered quality check seals/return tags/warranty seals (wherever applicable).

• must not be used or altered;

• must be the same product that was delivered to you; and

• must be returned within the return window specified against a product on the product detail page.

Further, name/ image/ brand/ serial number/ article number/ bar code of the returned product should match the records of Winfresh.in. Any additional conditions provided in the product details against each product shall be applicable as well. Further:

• Your address and the item that you may wish to return must be eligible for return.

• If the return is not eligible for pickup, a return option will not be available.

• Once the return is received, you will be provided with a refund or exchange, as requested.

• No return, replacement or exchange shall be accepted if warranty card, if any, is missing while return, replacement or exchange of product. The products available on the Platform are usually replaceable as per the terms of the manufacturer’s manual that may vary from product to product. However, specific details in relation to each product are mentioned in the product description.

However, replacement or exchange is subject to stock availability and subject to your address being products and serviceable for replacement or exchange.

The replacement or exchange request must be raised within the return window period specified on the product detail page.

Shipping

How does the delivery process work?

Products are meticulously inspected once our system processes your order to ensure they are in great condition. After they pass through the final round of quality check, they are packed and handed over to our trusted delivery partner. Our delivery partners will then deliver the package to you as soon as possible. They will contact you to rectify the issue if they are unable to reach your stated address or at a convenient time.

How are items packaged?

We package our products in boxes, which are covered in a plastic layer. Each individual product is packaged in bubble wrap while fragile items are safely secured with additional bubble wrap.

We pride ourselves on the quality of our packaging.

Buyers

Winfresh.in will display their products on marketplace at wholesale rates

where suppliers, retailers, wholesalers, manufacturers and consumers will be able to purchase products at discount rates based on their quantity.

All pricing of the products displayed on the website are inclusive of GST.

A registered business buyer can also avail left off under GST as per Law.

All the information provided by the buyers should be valid and true.

6. Content

Content found on or through these Products and services are the property of Winfresh Commodities Inc company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

7. Prohibited Uses

You may use Products and services only for lawful purposes and in accordance with Terms. You agree not to use Products and services:

• In any way that violates any applicable national or international law or regulation.

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Products and services, or which, as determined by us, may harm or offend Company or users of Products and services or expose them to liability.

Additionally, you agree not to:

• Use Products and services in any manner that could disable, overburden, damage, or impair Products and services or interfere with any other party’s use of Products and services, including their ability to engage in real time activities through Products and services.

• Use any robot, spider, or other automatic device, process, or means to access Products and services for any purpose, including monitoring or copying any of the material on Products and services.

• Use any manual process to monitor or copy any of the material on Products and services or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of Products and services.

• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Products and services, the server on which Products and services is stored, or any server, computer, or database connected to Products and services.

• Attack Products and services via a denial-of-products and services attack or a distributed denial-of-products and services attack.

• Take any action that may damage or falsify Company ratings.

• Otherwise attempt to interfere with the proper working of Products and services.

8. Analytics

We may use third-party Products and services Providers to monitor and analyze the use of our Products and services.

9. No Use By Minors

Products and services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Products and services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Products and services.

10. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Products and services.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Products and services or a third-party products and services. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse products and services, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

11. Intellectual Property

Products and services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Winfresh Commodities Inc company and its licensors. Products and services is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or products and services without the prior written consent of Winfresh Commodities Inc company.

12. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Products and services infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to customercare@winfresh.in, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Products and services on your copyright.

13. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• identification of the URL or other specific location on Products and services where the material that you claim is infringing is located;

• your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at customercare@winfresh.in.

14. Error Reporting and Feedback

You may provide us either directly at customercare@winfresh.in or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Products and services (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

15. Links To Other Websites

Our Products and services may contain links to third party web sites or products and services that are not owned or controlled by Winfresh Commodities Inc company.

Winfresh Commodities Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or products and services. We do not warrant the offerings of any of these entities/individuals or their websites. For example, the outlined Terms of Use have been created using PolicyMaker.io, a free web application for generating high-quality legal documents. Policy Maker’s Terms and Conditions generator is an easy-to-use free tool for creating an excellent standard Terms of Products and services template for a website, blog, e-commerce store or app.

You Acknowledge and Agree That Company Shall Not Be Responsible or Liable, Directly Or Indirectly, For Any Damage Or Loss Caused Or Alleged To Be Caused By Or In Connection With Use Of Or Reliance On Any Such Content, Goods Or Products and services Available On Or Through Any Such Third Party Web Sites Or Products and services.

We Strongly Advise You To Read The Terms Of Products and services And Privacy Policies Of Any Third Party Web Sites Or Products and services That You Visit.

16. Disclaimer Of Warranty

These Products and services Are Provided by Company on An “As Is” And “As Available” Basis. Company Makes No Representations or Warranties Of Any Kind, Express Or Implied, As To The Operation Of Their Products and services, Or The Information, Content Or Materials Included Therein. You Expressly Agree That Your Use Of These Products and services, Their Content, And Any Products and services Or

Items Obtained From Us Is At Your Sole Risk.

Neither Company Nor Any Person Associated With Company Makes Any Warranty Or Representation With Respect To The Completeness, Security, Reliability, Quality, Accuracy, Or Availability Of The Products and services. Without Limiting The Foregoing, Neither Company Nor Anyone Associated With Company Represents Or Warrants That The Products and services, Their Content, Or Any Products and services Or Items Obtained Through The Products and services Will Be Accurate, Reliable, Error-Free, Or Uninterrupted, That Defects Will Be Corrected, That The Products and services Or The Server That Makes It Available Are Free Of Viruses Or Other Harmful Components Or That The Products and services Or Any Products and services Or Items Obtained Through The Products and services Will Otherwise Meet Your Needs Or Expectations. Company Hereby Disclaims All Warranties Of Any Kind, Whether Express Or Implied, Statutory, Or Otherwise, Including But Not Limited To Any Warranties Of Merchantability, Non-Infringement, And Fitness For Particular Purpose.

The Foregoing Does Not Affect Any Warranties Which Cannot Be Excluded Or Limited Under Applicable Law.

DISCLAIMER: The Company is not the Manufacturer of any product available on this website. All Guarantees/Warranties in respect of manufacturing Defect/Claim/Action shall rely upon the respective Manufacturer.

17. Limitation Of Liability

Except As Prohibited By Law, You Will Hold Us And Our Officers, Directors, Employees, And Agents Harmless For Any Indirect, Punitive, Special, Incidental, Or Consequential Damage, However It Arises (Including Attorneys’ Fees And All Related Costs And Expenses Of Litigation And Arbitration, Or At Trial Or On Appeal, If Any, Whether Or Not Litigation Or Arbitration Is Instituted), Whether In An Action Of Contract, Negligence, Or Other Tortious Action, Or Arising Out Of Or In Connection With This Agreement, Including Without Limitation Any Claim For Personal Injury Or Property Damage, Arising From This Agreement And Any Violation By You Of Any Federal, State, Or Local Laws, Statutes, Rules, Or Regulations, Even If Company Has Been Previously Advised Of The Possibility Of Such Damage. Except As Prohibited By Law, If There Is Liability Found On The Part Of The Company, It Will Be Limited To The Amount Paid For The Products And/Or Products and services, And Under No Circumstances Will There Be Consequential Or Punitive Damages. Some States Do Not Allow The Exclusion Or Limitation Of Punitive, Incidental Or Consequential Damages, So The Prior Limitation Or Exclusion May Not Apply To You.

18. Termination

We may terminate or suspend your account and bar access to Products and services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using Products and services.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

19. Governing Law

These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Products and services and supersede and replace any prior agreements we might have had between us regarding Products and services.

20. Changes To Products and services

We reserve the right to withdraw or amend our Products and services, and any products and services or material we provide via Products and services, in our sole discretion without notice. We will not be liable if for any reason all or any part of Products and services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Products and services, or the entire Products and services, to users, including registered users.

21. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Products and services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Products and services.

22. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of 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 Terms will continue in full force and effect.

23. Acknowledgement

BY USING PRODUCTS AND SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF PRODUCTS AND SERVICES AND AGREE TO BE BOUND BY THEM.

24. Contact Us

Please send your feedback, comments, requests for technical support by email: ecommerce@winfresh.in