Terms & Conditions

funutritionstore.com ('Website') is an online service owned, operated and managed by Kerni Fitness Private Limited ('Fitness Universe' or 'we' or 'us'). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time ('User Agreement'), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at info@funutritionstore.com. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.

Ownership of rights:

Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of Fitness Universe. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by Kerni Fitness Private Limited or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.

Accuracy of content and invitation to offer:

We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of GST. Services however are listed exclusive of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of Fitness Universe prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.

General Terms of Use:

  • Being eligible to use and by using the website/ transacting on the Website or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;

  • User is hereby authorized to use the website for lawful purpose and for the purposes as mentioned under the policies of the Fitness Universe and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;

  • Fitness Universe strives to provide best prices possible on products and services to users buying or availing from the Website. However, Fitness Universe does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the Fitness Universe;

  • Fitness Universe has a network of vendors and reserves the right to pass on the orders to any of the vendor for fulfillment.

  • The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;

  • All offers on Products shall be for limited stocks and are for limited period(s). Fitness Universe may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;

  • A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Fitness Universe;

  • We don't run the promotions that prompt users to initiate a purchase, or other commitment without first providing all relevant information and without obtaining the user's explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;

  • All products sold on funutritionstore.com through our sellers are genuine. 

  • In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer;

  • Fitness Universe may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. Fitness Universe decision of cancellation of order shall be final and Fitness Universe shall not be liable for such cancellation(s) whatsoever;

  • Expected delivery time as mentioned on website may vary than the usual time of delivery;

  • Fitness Universe strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Fitness Universe may, at its discretion, either contact User for instructions or cancel the User's order and will notify the User about such cancellation;

  • Fitness Universe shall have right to modify the price of a product or service any time, without any prior information.

  • Cancellation by Fitness Universe: There may be certain orders that Fitness Universe is unable to accept and must cancel. Fitness Universe reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User's order includes, without limitation, non-availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Fitness Universe credit and fraud avoidance department;

  • Fitness Universe may also require additional verifications or information before accepting any order. Fitness Universe will contact the User if all or any portion of User's order is cancelled or if additional information is required to accept the User's order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User's credit card account;

  • Cancellation by the User: In case of requests for order cancellations, Fitness Universe, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if Fitness Universe receives a cancellation notice and the order has not been processed/ approved by Fitness Universe, Fitness Universe shall cancel the order and refund the entire amount to User within a reasonable period of time;

  • Fitness Universe will not be able to cancel orders that have already been processed, it is pertinent to note that the Fitness Universe has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the Fitness Universe is acceptable to User and User shall not create any dispute on the decision taken by Fitness Universe on cancellation;

  • Fitness Universe reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Fitness Universe as per certain criteria. Fitness Universe Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:

    1. Products ordered are not for self-consumption but for commercial resale;

    2. Multiple orders placed for same product at the same address;

    3. Bulk quantity of the same product ordered;

    4. Invalid address given in order details;

    5. Any malpractice used to place the order.

  • Fitness Universe Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;

  • Limitation of Liability: Under no circumstances Fitness Universe's liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;

  • These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only.

 

Usage Restrictions:

You shall not use the Website for any of the following purposes:

  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

  • Gaining unauthorized access to other computer / network systems.

  • Interfering with any other person's use or enjoyment of the Website.

  • Breaching any applicable laws.

  • Interfering or disrupting networks or websites connected to the Website.

  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that

  • belongs to another person and to which you do not have any right to;

  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

  • harm minors in any way;

  • infringes any patent, trademark, copyright or other proprietary rights;

  • violates any law for the time being in force;

  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  • impersonate another person;

  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;

  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

You are also prohibited from:

  • violating or attempting to violate the integrity or security of the Website or its content;

  • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;

  • intentionally submitting on the Website any incomplete, false or inaccurate information;

  • making any unsolicited communications to other users of the Website;

  • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

  • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

  • copying or duplicating in any manner any of the content on the Website or other information available from the Website;

  • framing or hotlinking or deep linking any content on the Website.

 

Quantity Restrictions:

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.

 

Pricing Information:

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice.

 

Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.

Refusal of service:

We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.

Promotional Communications:

"We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the "unsubscribe" link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service".

Financial Details:

You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.

Communication:

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.

Website feedback, user comments and user generated content:

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark:

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us . Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The Fitness Universe names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fitness Universe or licensed to Fitness Universe. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of Fitness Universe or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of Fitness Universe and is also protected by Indian and international copyright. We don't offer any Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another

Objectionable Material:

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Entire Agreement:

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Contact Information:

If any User has any grievance, comment, question or suggestion regarding any of our Product/Services, please contact our Grievance Officer , who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:

  • Sending a letter marked to the attention of Ms. Shruti Kerni, Kerni Fitness Private Limited, 53/A Patoli Magotrian Jammu, J&K 180007 India; or

  • Sending an email to shruti@funutritionstore.com

For any more information, please feel free to contact us.