Terms of sale

1.1These terms apply to every sale of The Composta products by Nutrify Private Limited (CIN U01611HR2026PTC145559), 1st Floor, Plot No. B & B1, Vanijya Nikunj, Enkay Centre, Udyog Vihar Phase 5, Gurugram, Haryana 122016, India ("we", "us"), for delivery within India, whether you are an individual (a "consumer") or a business. They apply together with your written quotation and our Terms of use. Sales for delivery outside India are governed by our Export terms instead.

1.2In these terms "Goods" means the vermicompost and other products in your quotation; "Quotation" means our written price offer; "Order" means a contract made under the clause "Making an order"; "Bulk order" means an order of 100 kg or more; "Buyer" or "you" means the person or business who accepts a Quotation; and "consumer" has the meaning it has in the Consumer Protection Act, 2019, which generally covers an individual who buys goods for their own use and not for resale or a commercial purpose.

1.3A Bulk order is a size of order, not a type of buyer. If you are a consumer, for example a farmer or gardener buying for your own land, the protections for consumers in these terms apply to you even on a Bulk order. If a term in your Quotation differs from these terms for that Order, the Quotation prevails, but never to take away a right that the law gives a consumer.

2.1We do not publish prices. When you ask, we send a written Quotation. It states the packs and quantities, the price, the delivery charge, the taxes, the payment terms and the modes of payment, the dispatch estimate and the latest delivery date, and the country of origin of the Goods (India). It also tells you where to find our return, refund, exchange, warranty and grievance terms, which are in these terms, our Shipping & returns policy, our Cancellation & refund policy and our Grievance redressal policy.

2.2The Quotation is valid for 15 days unless it says otherwise. Within that time we may withdraw it before you accept it, for example if it contains a clear error. A Quotation we withdraw does not bind either of us, and we will not hold you to an acceptance of it.

2.3If you are a consumer, the Quotation shows one total price for the Goods and their delivery, inclusive of all taxes, and we do not charge you more than the maximum retail price printed on the pack. The delivery charge is a fixed amount stated in the Quotation. It does not rise after you accept, and we add no other charge to the Order afterwards unless you ask for a change and accept a new Quotation for it.

2.4If you are a business, the prices for Bulk orders are exclusive of GST, which the Quotation shows separately at the rate in force, together with the total payable. The delivery charge in the Quotation is also a fixed amount unless the Quotation says clearly that it depends on something that cannot be known when we quote, and in that case it says what.

2.5The minimum for a Bulk order is 100 kg. Pallet and truck loads are quoted for the quantity and the destination.

3.1An Order is made when you accept the Quotation in writing (by email or WhatsApp is enough) and we have received the payment the Quotation asks for. We then confirm the Order, and a dispatch estimate, in writing. Where we have agreed credit terms with you in writing, the Order is made when you accept the Quotation and payment is due as agreed.

3.2A contract made by exchange of emails or WhatsApp messages is valid and enforceable, as the Information Technology Act, 2000 recognises. We treat only a clear written acceptance as acceptance. Silence, or a box ticked for you, is not.

3.3We may decline a request, or an acceptance that arrives after the Quotation has expired, and we will tell you promptly if we do. If we decline after you have paid, we refund what you paid in full. Nothing on the website, and nothing in your quote list or a quote request, is a contract.

4.1You pay the price and taxes in the Quotation. Payment details are sent with the Quotation, never on the website. Payment is by bank transfer, UPI or card, as the Quotation states. We do not collect card details on our website.

4.2Payment is due in advance for retail orders and for new Bulk buyers. Credit terms can be agreed in writing for regular accounts, and apply only as written. We will confirm the payment details by phone if you ask; please do so before sending a large payment, and never act on a change of our bank details that reaches you only by email.

4.3We issue a tax invoice or a bill of supply for every sale, as GST law requires for that sale.

5.1Retail packs are sent by courier and usually arrive in 2 to 7 working days. Bulk orders are dispatched within 5 to 10 working days of the Order being confirmed and payment received; larger volumes are scheduled with you. These are estimates, and the Quotation gives the latest delivery date that applies to your Order. Our Shipping & returns policy has the detail.

5.2Delivery is included in the Quotation at the fixed amount it states. A Bulk order may be collected ex-works from our unit instead, at the place the Quotation names, if the Quotation says so.

5.3You must make sure someone is available to accept delivery at the address you gave. If delivery fails because the address was wrong or incomplete or because no one was available, we will tell you the cost of redelivery as a fixed amount before we redeliver, and you may choose not to have the Goods redelivered, in which case we refund what you paid for the Goods less that cost.

6.1If we do not deliver by the latest delivery date in the Quotation, you may cancel the Order for the Goods not yet delivered, by telling us in writing. We then refund everything you have paid for those Goods, including the delivery charge, to the method you paid with, within 7 working days of your cancellation.

6.2This right does not apply to the extent that the delay was caused by an event beyond our control (see the clause on those events) or by you, for example a wrong address or a failed delivery attempt. It is in addition to your other rights under the law.

7.1The risk of loss or damage passes to you when the Goods are delivered to the address in the Order, or, if you collect them or arrange your own carrier, when we hand them over.

7.2Ownership of the Goods passes to you when we have received payment in full.

8.1Please check the Goods on arrival. If a pack is torn, leaking, damaged, short or not what you ordered, take photos or a short video before you open or move it, and tell us in writing, with your Order reference, within 48 hours of delivery for retail packs or within 7 days for Bulk orders.

8.2Those periods are for damage in transit and shortage that you can see on arrival. They do not limit your rights. A defect that you could not see on arrival, such as a quality problem in the Goods, can be reported within a reasonable time after you find it, and a consumer can also complain to a consumer commission within the time the Consumer Protection Act, 2019 allows, which is two years from when the cause of the complaint arose.

8.3If Goods are defective, damaged, short, wrong, or not as described in the Quotation or on the pack, we will take them back and, as you prefer, replace them or refund you in full for them, including their share of the delivery charge, at no cost to you. If you are a business, we replace the affected Goods or credit you for them, and refund you if we cannot replace them. Our Cancellation & refund policy explains how refunds are paid.

8.4A claim for Goods that have been used, opened (other than to check them) or stored badly may be declined if the problem arose from that use or storage, but we will always consider it fairly, and this does not apply to a defect that was in the Goods when we sent them.

9.1We make vermicompost from cow dung, plant waste and earthworms only, and we describe it as it is. It is a natural product, so colour, texture and moisture vary a little from batch to batch. It is made in India and supplied in the pack sizes in your Quotation. Our Product information and safe-use notice explains what it is and how to store, handle and use it.

9.2We will supply Goods that match their description and are fit for use as a soil amendment. Results depend on your soil, crop, climate and care, and we cannot guarantee a particular yield or outcome. The Goods carry no separate warranty beyond this and your rights under the law and these terms.

10.1A sample lets you check the product before you commit to a larger order. It is not part of any later Order. If there is a courier charge for a sample, we tell you the amount before we send it.

11.1You can cancel an Order before it is dispatched. Our Cancellation & refund policy and Shipping & returns policy set out the details, including any charge that applies when you cancel, and form part of these terms. We do not charge a consumer more on cancellation than the law allows.

11.2Opened or used packs cannot be returned for a change of mind. That never affects your right to a replacement or refund for Goods that are defective, damaged, wrong, not as described or late.

12.1If you are a trade buyer who resells, you are responsible for holding any authorisation or registration that the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985 or state law requires of a dealer. In most states that is done by a Memorandum of Intimation to the state's Notified Authority, unless the state has exempted the seller. You are also responsible for keeping the packs and their labels intact, for storing them properly, and for making no claim about the Goods beyond what we have made. You must not sell Goods that have been relabelled, repacked or that are not of the standard the law requires. You may not use our name, logo or drawings without our written permission.

13.1Neither of us is liable for a delay or failure caused by events outside our reasonable control, such as floods, severe weather, strikes, road or port closures, epidemics or government action. We will tell you promptly and agree a new schedule. If you are a consumer and the new date does not suit you, you may cancel the affected Order and we will refund what you have paid for Goods not delivered. In any case, if the delay lasts more than 60 days either of us may cancel the affected Order, and we will refund what you have paid for Goods not delivered.

14.1If you are a business, our total liability to you for any claim arising from an Order is limited to the price you paid for the Goods affected, and we are not liable for indirect or consequential loss, such as loss of crop, profit or business, to the extent the law allows.

14.2If you are a consumer, nothing in these terms limits your rights or remedies under the Consumer Protection Act, 2019, including for a defect or deficiency, an unfair contract term, or the liability of a manufacturer or seller for a defective product or for inadequate instructions or warnings. Our exclusion of indirect or consequential loss, such as loss of crop, applies to a consumer only to the extent the law allows.

14.3Nothing in these terms excludes or limits our liability for fraud, for death or personal injury caused by our negligence, or for anything else that cannot be limited by law, or affects your rights under the Sale of Goods Act, 1930 or any other law.

15.1We sell for delivery outside India to businesses, such as importers and distributors, under our Export terms. We do not sell to consumers for delivery outside India, and we may decline a quote request from an individual for personal use abroad. A business that wants goods delivered outside India should ask for a quotation under our Export terms, which also explain who is responsible for the import permits that some countries require.

16.1We use the details in your quote request, enquiry and order to prepare your Quotation, to make and deliver your Order, to keep our records and to answer your questions. Our Privacy policy says how we handle them, what we share with the services we use and what rights you have.

17.1These terms, your Quotation and the policies they refer to are the whole agreement for the Order. We may change these terms for future Orders; the version in force on the day we confirm your Order applies to it. If part of these terms is invalid, the rest continues. You may not transfer your rights under an Order without our written consent.

17.2Notices to us go to contact@thecomposta.com or 1st Floor, Plot No. B & B1, Vanijya Nikunj, Enkay Centre, Udyog Vihar Phase 5, Gurugram, Haryana 122016, India; notices to you go to the email address or phone number you gave us.

18.1If something goes wrong, write to our Grievance Officer at support@thecomposta.com. We acknowledge a complaint within 48 hours and aim to resolve it within one month. Our Grievance redressal policy has the Grievance Officer's details and the other places you can take a complaint, such as the National Consumer Helpline.

19.1These terms and every Order are governed by the laws of India. If a dispute arises, please first write to our Grievance Officer so that we can try to resolve it under our Grievance redressal policy. If we cannot, the courts at Gurugram, Haryana have jurisdiction.

19.2If you are a consumer, you do not have to use our complaints process first, and you may bring a complaint before any consumer commission with jurisdiction under the Consumer Protection Act, 2019, including online through e-Jagriti. We do not ask a consumer to settle a dispute by arbitration.