Home Terms Of Sale

Terms Of Sale

These Terms of Sale (“Terms”) constitute a legally binding agreement between you (“User” or “Customer”) and Fogger (“Company”, “we”, “our”, or “us”) and are an electronic record under the provisions of the Information Technology Act, 2000 and applicable rules made thereunder.

By accessing or using the website www.foggerstore.in (“Website”), you agree to be bound by these Terms.

The Website is operated as a direct-to-consumer (“D2C”) ecommerce platform through which the Company offers and sells products (“Products”) directly to Users.

1. Acceptance of Terms

These Terms govern your access to and use of the Website and purchase of Products.

If you do not agree with these Terms, please do not use the Website.

By continuing to use the Website, you agree to be bound by:

these Terms of Sale,
the Privacy Policy,
Return & Refund Policy,
and other policies published on the Website.

2. Nature of Transaction

The Website is operated by the Company as a D2C ecommerce platform.

All Products are sold directly by the Company to Users.

The Company shall be responsible for:

order processing,
payment facilitation,
delivery coordination,
customer support,
returns, refunds, and replacements.

The Company may engage third-party service providers for logistics, payment processing, and operational support.

The transaction remains directly between the Company and the User.

3. Product Information & Pricing

All prices are listed in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise.
Product prices, offers, and availability are subject to change without prior notice.
The Company reserves the right to cancel orders in case of pricing errors, incorrect product information, or technical issues.
Product images are for representation purposes only. Minor variations may occur.
The Company may refuse or limit orders at its discretion, including cases involving bulk purchases or suspected misuse.

4. Payments

Payments on the Website are processed through authorized third-party payment gateways.

Users agree to provide accurate and lawful payment information.

The Company shall not be liable for:

unauthorized transactions,
payment failures caused by banks or payment providers,
fraudulent use of payment instruments.

However, the Company will provide reasonable assistance in resolving payment-related concerns.

5. Shipping & Delivery

Delivery timelines are estimated and may vary due to operational or logistical reasons.
The Company will make commercially reasonable efforts to deliver Products on time.
Delivery services are currently limited to serviceable locations within India.
Risk and ownership of Products pass to the User upon successful delivery.

The Company shall not be liable for delays or non-delivery caused by:

logistics constraints,
force majeure events,
incorrect address details,
delays caused by third-party courier partners.

Orders may be cancelled where delivery is not feasible.

6. Returns, Refunds & Replacement

Eligibility Criteria

Users may request a replacement or refund only in the following cases:

damaged product received,
defective product received,
wrong item delivered,
expired or spoiled product received,
empty package received.

Claim Conditions

To submit a valid claim:

The issue must be reported within 5 days of delivery.
Clear photo or video proof must be provided.
Products should remain unused and in original packaging where applicable.
Claims are subject to review and verification.

Important Notes

Products cannot be refused at the time of delivery solely on return eligibility grounds.
Customers must accept and pay for the order as placed.
Requests raised after 5 days may be rejected.
Orders once shipped cannot usually be cancelled.

Refund & Replacement Process

Claims are generally reviewed within a reasonable timeframe.
Reverse pickup may be arranged where applicable.
Approved refunds or replacements are processed after verification and quality checks.

Refund Modes

Prepaid Orders: Refund to original payment method
COD Orders: Refund via bank transfer or UPI

For refund support:

Email: care@foggerstore.in

7. User Obligations

Users agree to:

provide accurate information,
comply with applicable laws,
avoid fraudulent activities,
use the Website responsibly.

Users shall not:

misuse the Website,
attempt unauthorized access,
disrupt Website operations,
abuse promotional offers,
upload harmful or unlawful content.

Violation may result in suspension or termination of access.

8. Cancellation & Fraud Prevention

The Company reserves the right to cancel or refuse orders in cases including:

suspected fraud,
pricing errors,
misuse of offers,
unauthorized payment methods,
incomplete or false information.

Refunds for cancelled prepaid orders shall be processed to the original payment source within reasonable timelines.

The Company may suspend or terminate accounts involved in suspicious or unlawful activities.

9. Prohibited Use

Users shall not:

a. engage in fraudulent transactions;

b. use false identities or credentials;

c. misuse promotional schemes;

d. violate applicable laws;

e. attempt unauthorized access to systems;

f. interfere with Website functionality;

g. upload harmful, defamatory, or unlawful content.

Violations may lead to legal action and account termination.

10. Limitation of Liability

To the maximum extent permitted under applicable law:

The Company shall not be liable for indirect, incidental, or consequential damages.
Total liability shall not exceed the value of the relevant order.

The Company shall not be liable for losses arising due to:

misuse of the Website,
incorrect information provided by the User,
third-party failures,
events beyond reasonable control.

11. Force Majeure

The Company shall not be liable for delays or failure caused by events beyond reasonable control, including:

natural disasters,
pandemics,
strikes,
government actions,
war,
utility or logistics failures.

11A. Disclaimer of Warranties

All Products and services are provided on an “as is” and “as available” basis without warranties of any kind except as expressly stated on the Website.

The Company disclaims implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

11B. Indemnity

Users agree to indemnify and hold harmless the Company, affiliates, employees, and agents against claims, liabilities, damages, losses, or expenses arising from:

breach of these Terms,
misuse of the Website or Products,
violation of laws or third-party rights.

12. Governing Law & Jurisdiction

These Terms shall be governed by the laws of India.

Subject to applicable law, courts located in Bhubaneswar, Odisha shall have exclusive jurisdiction over disputes arising from these Terms or Website use.

13. Modification of Terms

The Company reserves the right to modify or update these Terms at any time.

Updated Terms will be posted on the Website and continued use of the Website shall constitute acceptance of the revised Terms.

14. Intellectual Property

All Website content including trademarks, logos, graphics, text, product images, designs, videos, and software is owned by or licensed to the Company and protected under applicable intellectual property laws.

Users shall not reproduce, distribute, modify, or exploit Website content without prior written permission.