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Terms & Conditions

Legal Disclaimer & Limitation of Liability for Fresh Produce

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1. Nature of Perishable Agricultural Goods

All mangoes and fresh fruits sold on Desikaart are natural, live agricultural products.

  • Natural Variations: The Customer acknowledges that characteristics such as skin color, minor external blemishes, size variations, and weight changes due to natural moisture loss during air transit are normal. Desikaart guarantees the quality of the inner fruit flesh but does not warrant cosmetic perfection of the outer skin.

  • Ripening Process: Mangoes are shipped in a semi-firm or green state to survive air travel. The successful ripening of the fruit is highly dependent on ambient home conditions (temperature, humidity, storage method). Desikaart cannot be held legally liable for fruit that fails to ripen properly, rots, or over-ripens due to improper handling, refrigeration of green fruit, or storage conditions maintained by the Customer.

 

2. Importation, Customs, and Force Majeure

Our fresh fruits are imported from India via weekly air freight.

  • Flight and Customs Delays: While we strive to meet all estimated delivery schedules, Desikaart relies on third-party commercial airlines, customs officials, and European Union phytosanitary border control inspections. Desikaart shall not be held liable for any direct or indirect losses, delivery delays, or order cancellations resulting from airline disruptions, weather delays, or mandatory customs/biosecurity holds beyond our reasonable control (Force Majeure). In the event of a total cargo loss due to these factors, Desikaart's maximum liability is limited to a full refund of the purchase price.

 

3. Courier Transit and Customer Delivery Responsibilities

Due to the highly perishable nature of fresh mangoes, precise delivery execution is critical.

  • First Delivery Attempt: The Customer bears full legal and financial responsibility for ensuring that a designated recipient is present at the delivery address to receive the parcel on the first delivery attempt by the courier network.

  • Exclusion of Liability for Missed Deliveries: Desikaart expressly disclaims all liability, and will offer no refunds or replacements, for fruit spoilage, rot, or thermal damage resulting from:

    1. A missed first delivery attempt.

    2. The courier leaving the package unattended at the doorstep, in a parcel locker, or in direct sunlight per the Customer’s pre-arranged "safe place" delivery preferences.

    3. Incorrect or incomplete shipping address details provided by the Customer at checkout.

 

4. Mandatory 24-Hour Damage Reporting Window

In exception to standard European e-commerce return rules for non-perishable goods, fresh produce is exempt from the standard 14-day statutory right of withdrawal.

  • Claims Threshold: Any claims regarding severely bruised, rotten, or structurally damaged fruit must be submitted to Desikaart Customer Support via email within twenty-four (24) hours of the courier’s timestamped delivery.

  • Evidentiary Requirements: Every claim must be accompanied by the order number and clear, unaltered photographic evidence showing both the damaged fruit and the original shipping label attached to the outer box. Failure to report damages within this strict 24-hour window constitutes absolute acceptance of the goods, and all subsequent claims will be contractually waived.

 

5. Maximum Limitation of Liability

To the maximum extent permitted by applicable European consumer law, Desikaart's total cumulative liability to the Customer for any claim, breach, or loss arising out of an order shall not exceed the exact monetary amount actually paid by the Customer for the specific box of fruit in question. Desikaart shall under no circumstances be liable for any indirect, incidental, or consequential damages (including, but not limited to, loss of personal presentation, event catering disruptions, or emotional distress).

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