PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This Agreement contains all of the terms and conditions between owners of Mangozz.com and you (“User”) and governs the use of the services offered at the mangozz.com web site (the “Site”). By using any resources or information on the Site, User agrees that (I) User has read this Agreement and understands all of its contents and (II) User accepts all the terms and conditions in the Agreement. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of this User Agreement. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
TERMS AND CONDITIONS
Mangozz.com imports mangoes from India, Pakistan, Australia, Thailand, Mexico, Peru, Ecuador and Brazil. In doing so, it follows the USDA mandated process required for processing the fruit and importing it. With this understanding the user agrees with the following terms and conditions. User agrees not to hold owners of mangozz.com liable for any misinterpretation of content and sale opportunities provided on the Site.
Online Transactions: Once User has accepted the terms of the advice or service and payment has been made to mangozz.com, there is a binding contract implicit between the User and owners of mangozz.com. Mangozz.com reserves the right to suspend privileges to any User not adhering to the policies of the Site.
Billing and Payment Policy: Users are obligated to pay when they place the order. When paying by credit card, the amount is credited to the users account when they place the order. User can cancel an order within 24 hours without penalty only if the order is not scheduled for shipping within 24 hours of placement. Cancellation for any reason results in an automatic cancellation charge of 20% of the order price. When a season pass is cancelled, the already delivered boxes are credited at the cost of an equivalent individual unbundled box. Shipping and Handling charges are non-refundable in any circumstance.
Guarantees and Disclaimers:
If a User is not reasonably satisfied with the quality of the mango on receipt of the product, the user will provide feedback to mangozz.com by email. As part of feedback, the user will have to provide the details of the grievance. Mangozz.com guarantees that the box mangoes contained in the box are authentic varieties and satisfy all USDA inspection requirements specified for the product. Mangozz.com also guarantees that the mangoes will be shipped to the user in a manner that they are not damaged during shipping.
However, mango is a perishable fruit and as with any perishable product, the quality of each individual fruit varies, so mangozz.com cannot guarantee that each fruit will taste the same. Using all its expertise, mangozz.com tries to provide the best possible fruit to its customers in a manner that maximizes favorable conditions for ripening. Once the fruit has been delivered, mangozz.com will not be in control of the fruit conditions, so it cannot take any responsibility for the subsequent care and development of the fruit.
Customer/user agrees that the maximum liability of mangozz.com or its holding companies in any case is not more than half the amount charged for the cost of the fruit shipped in the box. Also, mangozz.com or its holding companies are not responsible for the disappointment caused by receiving product that does not conform to the expectations of the receiver of the product. Also, unless explicitly stated, all the potential delivery dates are only to be used as guidelines and not as a guaranteed by service dates. The mango season and shift sometimes quite drastically due to many enviornmentat and logistical factors and mangozz.com reserves the right to schedule delivery as required. May times, the supply chain situation is not clear till the last minute, so advance communication cannot be given. Once the season starts, mangozz.com is focused on shipping the product as and when it becomes available in the best possible condition for that period of time. Since this is not a manufactured product, the quality also varies. No guarantees are provided for the conditions encountered inside the fruit on account of envionmental and logistical inconsitencies. Product is shipped As-Is. However, mangozz.com resolves on its own to ship the product in good shape so that when the product is received and the box is opened, the product is in visually good shape. Any damage during transit can be claimed for a refund within 24 hours of arrival by submitting a photo of the damaged fruit. Superficial sap marks are not considered to be rotting of the fruit.
Mangozz.com is not responsible for hereditary conditions of the fruit such as Spongy Tissue in the Alphonso mango, which is considered to be in the dna of the fruit. Mangozz.com is also not responsible for any natural conditions inherent in the fruit as with every produce item. However, mangozz.com will use all the tools at its disposable to try and filter out such fruit before it is shipped.
Mangozz.com will make every effort to fulfill every order as stated and from the stated shipment. However, the delivery depends upon the supply of the fruit. If there is a delay in the supply, the delivery will be delayed accordingly. Mangozz.com is not responsible for delay of an order on account of any such delays. In such cases, Mangozz.com will deliver the fruit when it receives it. If a customer wishes to cancel an order due to delay in the shipment, they can place a request to mangozz.com. However, mangozz.com is not obligated to refund the full amount and any refunds will be at the discretion of mangozz.com. In some cases, although the shipment is delayed, mangozz.com has already planned for the shipment and cancellation will not be allowed. These orders will be shipped when they arrive. If the customer does not wish to receive them, the full price of the shipment will still be charged. In some cases, if an order is not shipped due to cancellation, a cancellation fee of 20% will be charged.
Customer assumes the responsibility to receive the fruit promptly. If the customer fails to check the mailbox or the front porch in a timely fashion and the product spoils, mangozz.com will not be responsible for it. Tracking information is sent to the email used for billing via our partners, endicia.com or through fedex.com or ups.com. It is the customer’s responsibility to add zzmango.com, mangozz.com, ups.com, endicia.com, usps.com and fedex.com in their safe recipients list. In case the tracking information goes to spam or if the customer has specified an incorrect email for receipt of information, mangozz.com will not be responsible for ensuring that the customer has registered the shipping of the product. If the customer has moved, the customer should make good arrangements to receive the product at the given address. If a request has been made to change the address, a written acknowledgement from mangozz.com must to received to ensure that the change has been made and the product shipping address can be changed. In many cases, once the product is being processed, the shipping address cannot be changed. If a product spoils or is not received or is returned on account of any of the above conditions, mangozz.com is not liable for refunding any of the money charged for the product.
Non-receipt of Product
In case the mango variety ordered is not received for any reason or there are supply issues with a particular variety of mango, mangozz.com reserves the right to replace the chosen variety with an available variety which is in season or which is received. Mangozz.com will try to make all efforts to get the ordered variety in all available regions where the fruit grows and if a replacement has to be made, we will try to substitute with a known variety from the same or adjacent region, wherever possible. Mangozz.com will make every effort to inform the customers of this development and can email their preference from the known varieties available. Customers can also request a cancellation of their order. Mangozz.com will try its best to accommodate all requests within its limitations and at its discretion. If mangozz.com is unable to deliver any mango to the customer in a season, it will refund the customer the entire amount of the shipment. If a customer wishes to only receive a particular variety and would like to cancel their order if the variety is not available, they should interact with mangozz.com and place a written request. They should also receive a written reply from Mangozz.com stating that their request has been accepted.
Season Passes
Season Pass customers are our valued customers and Mangozz.com takes pride in serving them. Season Passes offer a substantial discount over the regular price in return for predictability of demand and the customers undertaking to ride the uncertainty of the mango season with us. All season pass shipments will be shipped out in the same year the order is placed. If you are not available during certain weeks, please make arrangements for someone to receive the shipment. Mangozz.com is not obligated to accommodate the schedule of the customer. If the season is altered or cut short for any reason, mangozz.com can prepone, postpone or club together multiple shipments and fulfill its obligations to ship fruit paid for in the season pass.
No requests for refunds or change of mind will be entertained after a shipment has been shipped. Shipping is not refundable in any situation. All promotions and sales are final and sold As-Is including free or reduced shipping offers. A shipping charge is incurred on all such shipments, which is paid by mangozz.com as a part of the promotion. If a refund is offered for a Free Shipping offer, equivalent shipping will be deducted from any refund that is given out.
REFUND TIMELINES
If mangozz.com is unable to ship an order as per the above terms and conditions within a calendar year, customer will have an option to either postpone the order to the following year or switch to an available variety or ask for a full refund for the order. Mangozz.com processes all refunds offered during a calendar year by the END OF THE YEAR (December 31)- all checks/refunds are completed by January 15th of the following year. In case a refund has been missed for any reason, the user can contact support with the refund request details by email – the support team will verify and process any such refund within 2 weeks. No refunds for a previous year will be issued after January 31st of the following year.
All Customer care requests should be filed online after registering at mangozz.com. Mangozz.com considers customer care as very important, and considers all such requests on their merits. In all such cases, the user agrees to abide by the decision of mangozz.com which shall be final. All refund requests should be sent to refunds@44.206.236.196.
CONFIDENTIALITY OF COMMUNICATION
All communication made with mangozz.com in the due course of executing business is confidential information and cannot be shared publicly without the written consent of mangozz.com. If any reviews are to be posted anywhere, they must be accurate and must be complete and without any malicious misrepresentations or intent. If the issue being posted has been resolved, it is the responsibility of the complainant to update the review with this information. Failure to do so will constitute a malicious intent to deliberately defame and cause harm to the company and is liable to be prosecuted to the full extent of the law. If a representation is deliberately made with malicious intent to misrepresent and twist the facts, the person making this representation is liable for the consequences to the full extent of the law. Whereas we do respect the right to be able to express their views freely, we do take exception to postings made with utter disregard to the Terms and Conditions agreed upon at the time the order is placed. Anonymous, incomplete and misrepresented posts made on social media are liable to be pursued to the full extent of the law. If information has to serve common good, it has to be truthful, accurate and made in good faith. If a consumer deliberately engages with the company with a malicious intent to malign the good name of the company, or knowingly engages in such activity for any reason by making false claims, the person is liable to be prosecuted under the full extent of the law. Any communication made with mangozz.com, oral or written can be saved for training and/or for resolving issues of business expediency. This communication cannot be shared by the user on any public platform without getting a written approval from mangozz.com.
INCORRECT SHIPPING ADDRESS
Home delivery If a User chooses Home Delivery, the product will be delivered to the shipping address specified when user places the order. Once the order is placed, the shipping address cannot be changed- if however the shipping address is incorrect, the user can make corrections to the address before the order has shipped out. If the address specified is incorrect and the delivery is not possible, mangozz.com reserves the right to destroy the shipment- in such a case, no refund will be made either for the product or the shipping.
The user will be charged for destroying the product or for delivering it to another location as deemed fit by mangozz.com. The user will be responsible for coordinating the delivery with the shipping service and ensuring that there is someone at home to receive the delivery. In case the shipping service leaves the delivery at the doorstep, the user will be responsible for ensuring that it is picked up and secured properly immediately on arrival. Mangozz.com will not be liable for any damage to the product which arises from the product having been left unsecured. Any problems with the delivery will have to be sorted out between the delivery company and the user. Mangozz.com is not liable in any way for this process- mangozz.com will however take any input given by the user regarding the shipping company into consideration while delivering the next shipment to the user. The user should inspect the product on delivery and if unsatisfied, immediately inform the delivery service and mangozz.com by email. Once the product has been delivered, it is considered as accepted by the user- mangozz.com will not entertain any complaints later about the product condition.
Mangozz.com reserves the right to make an exception under extraordinary conditions not covered above. In all issues of contention, the decision by Mangozz.com will be final.
In-Store Pickup
In-store pickup is not being offered at this time.
Eligibility
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the services offered on this Site in accordance with all terms and conditions herein. Our services are available only to individuals who can enter into legally binding contracts under the law. Without limiting the foregoing, our services are not available to minors. User hereby agrees to supervise usage by, and be responsible for the actions of any minors who use your computer and/or account to access mangozz.com. User should always supervise User’s children’s use of the Internet. If a child places an order as an adult and makes a payment with a credit card, the order will hold- mangozz.com is not obligated to treat such an order differently.
Prohibited Use
The Site and services contained herein may be used to educate yourself about mangoes and to purchase mangoes and mango products from mangozz.com. No person may use this Site to recruit, solicit, or contact in any form Users for employment or contracting for a business not affiliated with mangozz.com without written permission from the owners of mangozz.com. Mangozz.com is however not liable for the authenticity or the correctness for content contained on the website and users must exercise judgment and verification for all such facts. The site also contains views and materials provided by users of the site and mangozz.com does not claim any responsibility for the authenticity of the information provided by third parties. User also gives up the rights to any information that he/she posts on this website- mangozz.com can use this information in any manner that it deems fit.
User Account, Password and Security
User is entirely responsible for maintaining the confidentiality of any password and account number provided by mangozz.com for accessing the Site, and is fully responsible for all activities that occur under User’s password or account. User agrees to immediately notify mangozz.com of any unauthorized use of User’s password or account or any other breach of security. mangozz.com will not be liable for any loss that you may incur as a result of someone else using User’s password or account, either with or without your knowledge. However, you could be held liable for losses incurred by mangozz.com or another party due to someone else using User’s account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Mangozz.com also does not assume any liability if the website is hacked and the data is stolen. If such an occurance has happened, it is the customer’s responsibility to immediately provide all information related to the incident so that mangozz.com can take corrective action in a timely fashion.
OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of The JP Group Inc. and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Mangozz.com hereby grants User a personal, revocable, non-perpetual, non-exclusive, non-assignable and non-transferable license to use the Site provided that User does not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of mangozz.com. Use of mangozz.com and/or its licensors’ Material is only permitted with mangozz.com’s express written permission. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, mangozz.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. mangozz.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with mangozz.com in asserting any available defenses.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. mangozz.com is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, mangozz.com, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY mangozz.com OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall mangozz.com’s aggregate liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by User to mangozz.com, if any, in the twelve (12) month period prior to any dispute.
User agrees not to hold mangozz.com, mangozz.com’s agents and employees, officers, directors, or participants in mangozz.com affiliate Service liable for any advice or services delivered which originated through the Site or was otherwise provided by an affiliate/agent and releases all such persons from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with such disputes.
MISCELLANEOUS
This Agreement will become effective immediately upon any use by User of the Site and shall remain effective unless terminated by either party as provided hereunder. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. Either party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. mangozz.com may terminate this Agreement immediately without notice for any breach by User of this Agreement or any applicable policy of mangozz.com as posted on the Site from time to time. Furthermore, mangozz.com may terminate this agreement without notice to User by terminating the rights of User to use the Site. In the event of termination or expiration, the following sections shall survive: Ownership of Intellectual Property; Indemnification; Disclaimer and Limitation of Liability; Miscellaneous and Privacy Policy and Copyright Notice. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Illinois applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of Kane. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
PRIVACY POLICY AND COPYRIGHT NOTICE
Mangozz.com’s Privacy Policy located on the Site, as modified by Mangozz.com from time to time, shall govern any disclosure or use of User’s personal information. Mangozz.com’s Copyright Notice is also located on the Site and shall govern the use of the intellectual property of third parties on the Site. The terms of the Privacy Policy and the Copyright Notice are hereby incorporated by reference and you are hereby bound by such terms when using this Site.
Mangozz.com Responsibilities
Mangozz.com will be responsible for checking the accuracy of mangozz.com’s billing and payment processing for online transactions.