Terms of service

 

TERMS AND CONDITIONS FOR

SAKTHISARAVANA INC.

 

Last Updated: January 22, 2026

 

1.               This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. 

These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system. 

By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.

You may not order or obtain products or services from this website if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this website or any of this website's contents, products or services by applicable law.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through https://sakthisaravana.ca/(the "Site"). These Terms are subject to change by SakthiSaravana Inc. (referred to as the “Company”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on this Site. You should review these Terms before purchasing any product or services that are available through the Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms and Conditions of Use that apply generally to the use of our Site. You should also carefully review our Site’s Privacy Policy before placing an order for products or services through this Site (see Section 12).

2.               About The Company and Business Model

            We are an organic food distributor that partners with independent organic farms and producers. We act as a distributor and logistics provider, facilitating the sale, handling, and delivery of organic food products ordered by you through our website.

We do not grow, manufacture, or process most products ourselves unless expressly stated.

3.               Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Due to our tight fulfillment and delivery schedules, as described in our FAQ, all orders are final once placed. We are unable to accept changes, modifications, or cancellations after an order has been submitted.

4.               Accounts, Prices and Payment Terms.

(a)             You agree to provide accurate, complete, and current Information (as defined in our Privacy Policy), when placing an order or maintaining an account. We rely on this information to process, fulfill, and deliver your order, and we are not responsible for delays, non-delivery, or losses resulting from inaccurate or incomplete Information provided by you. If you create an account, you are solely responsible for maintaining the confidentiality and security of your account credentials, including your password, and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use or suspected security breach.

(b)             All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(c)             You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

(d)             Our Site is hosted on Shopify, and we use Shopify and third-party Shopify applications for: (a) account creation and login, (b) payment and checkout, (c) order management, and (d) customer communications.  Your use of our services and the Site is also subject to Shopify’s own terms, privacy policies, and security practices.  All payments are securely processed through Shopify payment service provider. Please review Shopify Pay terms and conditions here.  We are not responsible for outages, data issues, or failures caused by Shopify or third-party apps. 

5.               Shipments; Delivery; Title and Risk of Loss.

(a)             We will arrange for shipment of the products to you. You will pay all shipping and handling charges in advance unless otherwise specified in the order confirmation.

(b)             Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

(c)             We are not responsible for spoilage due to delayed receipt upon delivery (unattended deliveries), incorrect delivery information provided by you, theft or damage after delivery. Delivery is deemed complete, and title and risk of loss transfer to you, when products are delivered to the address or location you provide, whether or not you are present to accept delivery.

6.               Returns and Refunds. Due to the perishable nature of organic food products, all sales are final, except as expressly stated below.

We may offer a refund or replacement only if all of the following conditions are met:

(a)   The issue is reported within 2 hours of delivery

(b)   Clear photographic evidence is provided. Photos must clearly show the affected product, including original packaging when possible, and be taken within the 2- hours of delivery. Failure to provide adequate photographic evidence may result in denial of the claim

(c)   The product is shown to be: (i) Damaged on arrival, or (ii) Spoiled at the time of delivery, or (iii) Incorrectly fulfilled (wrong item)

Claims submitted after the 2-hour window cannot be accepted.

We do not issue refunds or replacements for:

(a)    Normal variation in size, color, or appearance of organic products

(b)    Spoilage due to (i) Delayed receipt, (ii) Improper storage after delivery, or (iii) your handling of the products

(c)    Weather-related delays or conditions beyond our control (including heat, cold, storms, or transit disruptions)

(d)    Preference-based reasons (taste, texture, appearance expectations)

(e)    Claims made after 2-hour from delivery. 

While we take reasonable steps to protect products during transit, we are not responsible for spoilage or quality degradation caused by extreme weather conditions, delivery delays due to weather or Force Majeure Events (see section 14), or conditions at the delivery location after drop-off.

If a claim is approved, we may, at our sole discretion: (a) issue a refund to the original payment method, (b) provide a store credit, or (c) arrange a replacement delivery (subject to availability)

Replacements may be for the same product or a comparable item of equal value (see Section 7 for more details). Refunds or replacements apply only to the affected item, not the entire order. We reserve the right to limit or deny refunds for excessive or suspicious claims. We do not accept physical returns of perishable food items

To Submit a Claim contact us at: support@sakthisaravana.com

7.               Weights and Product Substitutions/ Replacement

Due to the natural variability of fresh organic produce, all weights, sizes, and quantities are approximate and may vary from order to order. Minor variations in weight or appearance do not constitute a defect or error.

From time to time, a specific product may become unavailable due to seasonal conditions, supply constraints, or farm availability. In such cases, we reserve the right to substitute the unavailable item with a comparable organic product of equal or greater value, unless you have indicated otherwise at the time of ordering

8.               Food Safety Disclaimer

            While we take reasonable steps to ensure proper handling, storage, and transportation of food products, we do not guarantee that products are free from allergens, contaminants, or foodborne pathogens. Cross-contamination and secondary contamination may occur, even when best practices are followed.  

You acknowledge and agree that consumption of food products carries inherent risks and that you are responsible for reviewing ingredient information. You should consult a healthcare professional if you have allergies, sensitivities, or medical conditions.

Our products are represented as “organic” based on information provided by farms and suppliers. Certification status may vary by product and jurisdiction. We do not independently certify products unless explicitly stated.

9.               Warranty and Other Disclaimers.

(a)             We act solely as a distributor of fresh and perishable organic food products sourced from independent farms and suppliers. We do not grow, manufacture, or process most products offered on our Site unless expressly stated. The availability of any product through our Site does not constitute an endorsement, certification, or guarantee beyond the representations provided by the supplying farm or producer. Except as expressly set out in our Refund & Return Policy, we make no warranties or conditions with respect to the quality, shelf life, fitness, freshness, or longevity of any product. Any representations regarding organic status, origin, or production practices are based on information provided by third-party farms and suppliers.

(b)             ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; (C) REGARDING SHELF LIFE, FRESHNESS, OR STORAGE PERFORMANCE; OR (D) ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, WHETHER EXPRESS OR IMPLIED BY LAW, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE CONSUMER PROTECTION LEGISLATION.

(c)             SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS. TO THE EXTENT SUCH WARRANTIES OR CONDITIONS CANNOT BE DISCLAIMED, THEY ARE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

(d)             YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR: (A) ANY BREACH OF WARRANTY OR CONDITION RELATED TO PRODUCTS SUPPLIED BY THIRD-PARTY FARMS OR PRODUCERS; (B)NATURAL DETERIORATION, SPOILAGE, OR QUALITY VARIATION IN PERISHABLE PRODUCTS; OR (C) ANY LOSS, DAMAGE, OR CLAIM ARISING FROM THE PRODUCTION, HANDLING, OR REPRESENTATIONS OF THIRD-PARTY SUPPLIERS, EXCEPT AS EXPRESSLY REQUIRED BY LAW OR AS SET OUT IN OUR REFUND & RETURN POLICY UNDER SECTION 6 OF THESE TERMS.

10.            Limitation of Liability.  

 

(a)             IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

(b)             OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. THIS LIMITATION APPLIES TO ALL CLAIMS, INCLUDING THOSE RELATING TO PRODUCT QUALITY, SPOILAGE, DELIVERY ISSUES, OR REPRESENTATIONS MADE BY THIRD-PARTY FARMS OR SUPPLIERS.

(c)             The limitation of liability set forth in Section 10(b) shall not apply to (i) liability resulting from our gross negligence or willful misconduct, and (ii) death or bodily injury resulting from our acts or omissions.

11.            Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Ontario as specified in our Q&A.

12.            Privacy. We respect your privacy and are committed to protecting it. Our Website Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

13.            Stewardship Impact Commitment. We maintain an internal sustainability and land-stewardship commitment under which we allocate approximately 6% of our gross revenue toward environmental, agricultural, and land-based initiatives aligned with our mission. This commitment represents a corporate sustainability practice, not a charitable solicitation or customer donation. Purchases made through our Website are not charitable contributions and are not eligible for tax receipts.

14.            Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of the obligations set out in these Terms (except for any of your obligations to make payments to us hereunder), when and to the extent such party's (the "Impacted Party") failure or delay is caused by or results from acts beyond the Impacted Party's control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms; [and] (f) national or regional emergency; and (g) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (h) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within five (5) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of five (5) consecutive days following written notice given by it under this Section 14, either party may thereafter terminate the purchase or sale made in accordance with these Terms upon five (5) days' written notice.

15.            Governing Law. These Terms and your use of the Website are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree that any dispute arising out of or relating to these Terms or the Website shall be brought exclusively in the courts located in Ontario, and you irrevocably submit to the jurisdiction of such courts.

16.            Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the Site, including, but not limited to, your user submissions, third-party sites, any use of the Site’s content, services, and products other than as expressly authorized in these Terms.

17.            No Reliance. The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Site.

18.            No Waivers.  No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

19.            Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

20.            Entire Agreement. These Terms, our Privacy Policy and all third party applicable policies including Shopify’s, constitute the sole and entire agreement between you and us regarding the your use of the Site and our services, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

21.            Notice. All other feedback, comments, requests for technical support, and other communications relating to the Site and the use of our services should be directed to support@sakthisaravana.com.