Terms and Conditions

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO PURCHASES MADE ON THIS WEBSITE.  PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS [OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH OMANGOES LLC OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (“Terms”) apply to the purchase and sale of products through Omangoes.com (“Site”) and are subject to change by Omangoes LLC without prior written notice at any time, in our sole discretion.  Any changes will be in effect as of the “Last Updated Date” referenced on the site.  You should review these terms prior to purchasing any products that are available through this site.  Your continued use of this site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These terms are an integral part of the Website Terms of Use that apply generally to the use of our site.  You should also carefully review our Privacy Policy before placing an order for products or services through this site.

Order Acceptance and Cancellation Policy

You agree that your order is an offer to buy, under these Terms, the products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

You are aware that once you place an order, our farmer members harvest the fruits to process your orders. Once harvested, fruits have a limited shelf life. Hence, as a policy, orders once placed and paid for will not be canceled. We may, at our sole discretion, consider postponement of your order, provided we get your update soon enough and operationally we are in a position to do so.

Orders may be canceled within 3 hours of order placement by sending an email to support@omangoes.com.

Prices and Payment Terms

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

From time-to-time we may offer promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept credit cards, debit cards, UPI and Pay On Delivery to make payment for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Shipments; Delivery; Risk of Loss Policy

We will arrange for shipment of the products to you.  You will pay all shipping and handling charges specified during the ordering process.  These charges are reimbursement for the costs we incur in the processing handling, packing, shipping, and delivery of your order. 

Your package will arrive in 10-15 business days. Orders are processed on the same business day or the next business day. Orders that cannot be shipped within that time frame will go to backorder and will be shipped at the next available opportunity.

Risk of Loss passes to you upon transfer of the products to the shipping carrier.

Please ask about your fruit shipping status or cancel your order by email at support@omangoes.com. You also have the option of contacting us for tracking on WhatsApp on this number +91 9209003434.

Returns, Replacement, and Refunds

omangos.com is operated by a private company selling farm produce which are perishable products which cannot be stored beyond a certain time limit. Hence any return is bound to kill the quality of the product.  For that reason, we do not accept returns.

We make every effort to only pack the best fruits for shipment to our customers.  We are committed to providing the best mangoes available, but it is always possible that the fruit may be impacted by weather or the growing process.  Our employees check every fruit before it goes into the box but cannot guarantee the quality of the innards of the fruit despite best efforts.

Being bound by the perishable nature of the product, we cannot offer any replacements.

Please note that Devgad Alphonso Mangoes are not supposed to be kept in the be refrigerator for reasons explained here. Mangoes will go bad if kept in the refrigerator and we will not be liable for refunds or replacements if you keep the mangoes in the refrigerator and they go bad.

In the event we are not able to process your order from our end, due to absence of stock, end of season, no possible shipment methods, or any other reason, we will cancel the order from our end issue a refund. The refund will be for the amount you have paid us. Wherever possible, the refund will be given to the same payment source which the payment was made from. If that is not possible, a refund will be issued to a bank account, the details of which will be asked from the email id which was used to place the order. The refunds will be remitted to your accounts within the respective amount of time informed by the payment bank.

For Your Notice

An important point to note is that the quoted weights mentioned are the weights of the fruit while grading. The fruits are graded while they are green and are packed while they are still green or semi-ripe. The weight of mangoes may reduce by the time the fruits ripen, during transit and also due to moisture loss if the weather is dry.

Shipment

The mangoes that we send to you are delivered by third-party courier companies. When we dispatch mangoes to you, they are no longer under our control. You understand that they should reach you as soon as possible for them to remain their best. We send you a ‘shipped’ update as soon as they are taken over by the courier company and it is your responsibility to ensure that you or someone be present at the given address to receive the box. Neither of us, nor the courier company will be liable for damages caused because you were unavailable, did not answer the call, or requested a later date for delivery. You understand that mangoes are perishables and delaying delivery is likely to hasten their perishability.

As explained above, mangoes have a very short shelf life and should be consumed in that time frame. We are not liable for any requests for refunds and replacements, after the end of shelf life.

Warranty and Disclaimers

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall only apply to the extent permitted by law.

Goods Not for Resale or Export

You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, www.omangoes.com, governs the processing of all personal data collected from you in connection with your purchase of products through the Site.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.

Dispute Resolution and Binding Arbitration

YOU AND OMANGOES LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM]. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR Omangoes LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Assignment; No Waivers or Third-Party Beneficiaries

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Omangoes LLC

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

To You
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us
To give us notice under these Terms, you must contact us as follows: (i) by email to support@omangoes.com or (ii) by personal delivery, overnight courier, or registered or certified mail to Omangoes LLC, 241 International Parkway, Suite 210, Flower Mound, TX  75028.  We may update the email address or facility address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.