📜 TERMS & CONDITIONS
PRAKASH TRADE CORP
www.prakshtradecorp.comLast Updated: August 2026
Effective Date: August 2026
1. INTRODUCTION & ACCEPTANCE
Welcome to www.prakshtradecorp.com (hereinafter referred to as the "Website"), owned and operated by Prakash Trade Corp (hereinafter referred to as "Company," "we," "us," or "our").
These Terms & Conditions ("Terms," "T&C," or "Agreement") constitute a legally binding agreement between:
Prakash Trade Corp (the "Company" / "Seller" / "Exporter")
AND You (the "User" / "Visitor" / "Buyer" / "Client" / "Importer")
By accessing, browsing, or using this Website in any manner, you acknowledge that:
- You have read, understood, and agree to be bound by these Terms & Conditions
- You have read and agree to our Privacy Policy
- You are legally competent to enter into binding agreements
- You accept these Terms on behalf of yourself and/or your organization
2. DEFINITIONS
For the purpose of these Terms & Conditions, the following definitions shall apply:
| Term | Definition |
|---|---|
| "Website" | www.prakshtradecorp.com, including all pages, content, and services therein |
| "Company" / "We" / "Us" | Prakash Trade Corp, a Private Merchant Export Company registered in India |
| "User" / "You" / "Buyer" | Any individual, company, or entity accessing the Website or engaging with our services |
| "Products" | All goods offered for export by the Company, including but not limited to Organic Cane Jaggery, Leather Products, and other items |
| "Services" | Export services, trade facilitation, sourcing, and related business activities offered by the Company |
| "Order" | A confirmed purchase request placed by the Buyer for Products |
| "Proforma Invoice (PI)" | A preliminary invoice issued by the Company detailing product specifications, pricing, and terms |
| "Incoterms" | International Commercial Terms as published by the International Chamber of Commerce (ICC), Incoterms® 2020 |
| "FOB" | Free on Board — Seller delivers goods to the port of shipment |
| "CIF" | Cost, Insurance & Freight — Seller bears cost, insurance, and freight to destination port |
| "CFR" | Cost and Freight — Seller bears cost and freight to destination port |
| "MOQ" | Minimum Order Quantity |
| "BL" / "B/L" | Bill of Lading — document of title for shipped goods |
| "LC" | Letter of Credit — a bank guarantee instrument for international trade |
| "T/T" | Telegraphic Transfer — wire transfer payment |
| "PI" | Proforma Invoice |
| "CI" | Commercial Invoice |
| "COO" | Certificate of Origin |
| "Phytosanitary Certificate" | Plant health certificate issued by the exporting country's authority |
3. ABOUT THE COMPANY
Certifications & Registrations
| Certification | Status |
|---|---|
| APEDA (Agricultural & Processed Food Products Export Development Authority) | ✅ Registered |
| IEC (Import Export Code — DGFT, Govt. of India) | ✅ Licensed |
| MSME (Micro, Small & Medium Enterprise) | ✅ Registered |
| FSSAI (Food Safety & Standards Authority of India) | ✅ Licensed |
| GST (Goods & Services Tax) | ✅ Registered & Compliant |
4. ELIGIBILITY
By using this Website and/or placing an order with us, you represent and warrant that:
- You are at least 18 years of age (or the age of legal majority in your jurisdiction)
- You have the legal capacity and authority to enter into a binding contract
- If acting on behalf of a company or organization, you have the proper authorization to bind that entity to these Terms
- You are not located in any country subject to international trade sanctions or embargoes that would prohibit this transaction
- You will provide accurate, current, and complete information in all communications and transactions
- You are not prohibited by any applicable law from engaging in import/export trade activities
5. USE OF WEBSITE
5.1 Permitted Use
This Website is provided for the following purposes:
- Learning about Prakash Trade Corp and our products/services
- Viewing product information and specifications
- Submitting business inquiries and contact requests
- Requesting quotations and product samples
- Initiating and managing export orders
5.2 Prohibited Use
You agree NOT to:
- Use the Website for any unlawful, fraudulent, or harmful purpose
- Attempt to gain unauthorized access to any part of the Website, its servers, or connected systems
- Use any automated tools, bots, scrapers, or crawlers to extract data from the Website without our written permission
- Copy, reproduce, distribute, or republish any content from the Website without prior written consent
- Impersonate any person or entity or misrepresent your affiliation
- Upload or transmit any viruses, malware, or harmful code
- Interfere with or disrupt the functionality, security, or performance of the Website
- Use the Website to collect personal data of other users
- Post or transmit any defamatory, obscene, offensive, or threatening content
- Use our product images, descriptions, or any Website content for competitive purposes without written permission
- Engage in any activity that could damage our reputation or business interests
5.3 Website Availability
We strive to keep the Website available 24/7 but do not guarantee uninterrupted access.
We may temporarily suspend the Website for maintenance, updates, or security reasons without prior notice.
We are not liable for any loss or damage caused by Website downtime or unavailability.
6. PRODUCTS & SERVICES
6.1 Product Categories
Prakash Trade Corp offers the following product categories for export:
| Category | Products |
|---|---|
| 🌾 Agro Products | Organic Cane Jaggery (Blocks, Powder, Cubes, Specialty Variants), and other agricultural products |
| 🐄 Leather Products | Finished leather goods, leather accessories, ethically sourced leather products |
| 📦 Wide Range of Products | Diverse export-quality Indian goods across multiple categories |
6.2 Product Availability
- All products listed on the Website are subject to availability
- We reserve the right to discontinue, modify, or limit any product without prior notice
- Product availability may vary based on season, harvest cycles, market conditions, and other factors
- Listing of products on the Website does not constitute a binding offer to sell
6.3 Product Specifications
Product specifications (including weight, dimensions, color, texture, composition, and packaging) provided on the Website are approximate and indicative.
Actual products may vary slightly from images and descriptions due to the natural characteristics of organic and agricultural products.
For exact specifications, please request a detailed Product Specification Sheet via email.
6.4 Merchant Exporter Disclaimer
Prakash Trade Corp operates as a Merchant Exporter.
We source products from verified and trusted manufacturers, farmers, and suppliers across India.
While we conduct thorough quality checks and due diligence, the manufacturing process is carried out by our sourcing partners.
We take full responsibility for the quality of goods shipped to our buyers, as per the agreed specifications.
7. PRODUCT DESCRIPTIONS & ACCURACY
We make every effort to ensure that product descriptions, images, specifications, and other information on the Website are accurate, complete, and up-to-date.
However, we do not warrant that all information is entirely error-free, complete, or current at all times.
Photographs of products are for illustrative purposes only and may not perfectly represent the actual product, especially for natural/organic products like jaggery.
In case of any discrepancy between the Website description and the actual product specifications provided in a Proforma Invoice or Contract, the Proforma Invoice / Contract shall prevail.
We reserve the right to correct any errors in product descriptions, pricing, or other content at any time without liability.
8. PRICING & PAYMENT
8.1 Pricing
| Aspect | Details |
|---|---|
| Currency | Prices quoted in USD ($) for international buyers, or INR (₹) for domestic inquiries, or as mutually agreed |
| Price Basis | Prices quoted on FOB / CIF / CFR / Ex-Works basis as per Incoterms® 2020 |
| Price Validity | All quoted prices are valid for the period specified in the Proforma Invoice (typically 7-15 days unless otherwise stated) |
| Price Fluctuation | Prices of agricultural commodities (including jaggery) are subject to market fluctuations and may change without prior notice |
| Taxes & Duties | Export prices are generally exempt from GST (zero-rated under Indian GST law). Import duties, customs charges, and local taxes in the destination country are the Buyer's responsibility |
| Shipping & Freight | Included in CIF/CFR prices; separate for FOB/Ex-Works prices |
8.2 Payment Terms
| Payment Method | Details |
|---|---|
| Advance Payment (T/T) | Full or partial advance via Telegraphic Transfer (Wire Transfer) to our designated bank account |
| Letter of Credit (LC) | Irrevocable, Confirmed Letter of Credit at sight, from a recognized international bank |
| Advance + Balance | Typically 30-50% advance before production, balance before/upon shipment |
| Other Terms | As mutually agreed and documented in the Proforma Invoice / Sales Contract |
8.3 Payment Conditions
- All payments must be made in the agreed currency to the Company's designated bank account
- Bank charges of the remitting bank are borne by the Buyer; bank charges of the receiving bank are borne by the Seller
- Payment is considered received only upon realization of funds in our bank account
- In case of LC payments, the LC must be opened at least 15-20 days before the expected shipment date
- Late payments may result in order delays, cancellation, or additional charges
- We do not accept payments via personal accounts, cryptocurrency, or unverified payment channels
9. ORDER PROCESS & CONFIRMATION
9.1 How to Place an Order
| Step | Action |
|---|---|
| Step 1 | Submit an inquiry via Website, Email, or WhatsApp |
| Step 2 | Receive a detailed Proforma Invoice (PI) with product specifications, pricing, quantity, payment terms, and delivery timeline |
| Step 3 | Review, negotiate (if needed), and confirm the Proforma Invoice |
| Step 4 | Make payment as per the agreed terms |
| Step 5 | Company begins order processing, quality checks, and packaging |
| Step 6 | Pre-shipment inspection (if applicable or requested) |
| Step 7 | Shipment and sharing of shipping documents |
| Step 8 | Delivery at the agreed destination |
9.2 Order Confirmation
An order is considered confirmed only upon:
- Written acceptance of the Proforma Invoice by the Buyer (via email or signed copy)
- Receipt of agreed advance payment (if applicable)
- Opening of Letter of Credit (if LC terms agreed)
The Company reserves the right to accept or decline any order at its sole discretion.
9.3 Order Modification
Modifications to a confirmed order (quantity, specifications, packaging, delivery schedule) are subject to:
- Written request by the Buyer
- Feasibility assessment by the Company
- Mutual agreement on revised terms and pricing
- Any additional costs arising from modifications shall be borne by the Buyer
10. EXPORT TERMS & INCOTERMS
10.1 Applicable Incoterms
All export transactions are governed by Incoterms® 2020 as published by the International Chamber of Commerce (ICC). The applicable Incoterm will be specified in each Proforma Invoice / Sales Contract.
| Incoterm | Description | Risk Transfer Point |
|---|---|---|
| EXW (Ex Works) | Buyer collects goods from seller's premises | At seller's premises |
| FOB (Free on Board) | Seller delivers goods on board the vessel at the port of shipment | When goods are on board the vessel |
| CFR (Cost & Freight) | Seller pays freight to destination port; risk transfers at port of shipment | When goods are on board the vessel at port of shipment |
| CIF (Cost, Insurance & Freight) | Seller pays freight + insurance to destination port; risk transfers at port of shipment | When goods are on board the vessel at port of shipment |
10.2 Default Terms
Unless otherwise agreed in writing, the default export term is FOB Indian Port (typically FOB Nhava Sheva / FOB Mundra / FOB Delhi ICD, as applicable).
The specific port of loading will be mentioned in the Proforma Invoice.
10.3 Buyer's Responsibilities Under Incoterms
Depending on the agreed Incoterm, the Buyer may be responsible for:
- 📦 Import customs clearance and duties in the destination country
- 🚢 Freight charges (under FOB/EXW terms)
- 🛡️ Marine insurance (under FOB/CFR terms)
- 🏗️ Unloading and inland transportation at destination
- 📋 Import licenses, permits, and regulatory compliance in the buyer's country
11. MINIMUM ORDER QUANTITY (MOQ)
| Product Category | Indicative MOQ |
|---|---|
| 🌾 Organic Cane Jaggery | As discussed per inquiry (typically starts from 1 MT for bulk exports) |
| 🐄 Leather Products | As discussed per inquiry |
| 📦 Other Products | As discussed per inquiry |
MOQs are indicative and negotiable based on the product, packaging, and destination.
For trial orders, lower quantities may be considered on a case-by-case basis.
Final MOQ will be confirmed in the Proforma Invoice.
12. SAMPLES
| Aspect | Details |
|---|---|
| Sample Availability | Available for most products upon request |
| Sample Cost | Samples may be provided free of charge or at a nominal cost, depending on the product |
| Courier Charges | International courier/shipping charges for samples are borne by the Buyer (typically via DHL, FedEx, or buyer's courier account) |
| Sample Lead Time | 3-7 business days for preparation + shipping transit time |
| Sample Approval | Buyer must provide written sample approval before bulk production/shipment |
Sending of samples does not constitute a commitment to place or accept a bulk order.
Bulk production specifications will match the approved sample unless otherwise agreed in writing.
13. CUSTOM PACKAGING & PRIVATE LABELING
We offer custom packaging and private labeling services for our export products:
| Service | Details |
|---|---|
| Custom Packaging | Available in buyer-specified sizes, materials, and formats |
| Private Labeling | Buyer's brand name, logo, and design on product packaging |
| Design Requirements | Buyer to provide print-ready artwork in high-resolution format (AI, PDF, PNG, CDR) |
| Regulatory Labeling | We ensure compliance with destination country's labeling and food safety regulations |
| MOQ for Custom Orders | May be higher than standard MOQ due to packaging customization |
| Lead Time | Additional 5-10 business days for custom packaging production |
| Cost | Custom packaging/labeling costs will be quoted separately and included in the Proforma Invoice |
All custom packaging designs must be approved in writing by the Buyer before production.
The Company is not responsible for errors in buyer-provided artwork, text, or design files.
Intellectual property rights of buyer-provided branding remain with the Buyer.
14. SHIPPING & DELIVERY
14.1 Shipping Methods
| Method | Typical Use |
|---|---|
| Sea Freight (FCL/LCL) | Bulk orders — Full Container Load (FCL) or Less than Container Load (LCL) |
| Air Freight | Urgent or small-quantity shipments |
| Courier (DHL/FedEx/UPS) | Samples and small parcels |
| Multimodal Transport | Combination of sea, air, and land transport as needed |
14.2 Shipping Ports
Primary Ports: Nhava Sheva (JNPT, Mumbai), Mundra Port, Delhi ICD (Tughlakabad/Patparganj)
Other Ports: As per product origin and buyer requirements
14.3 Delivery Timelines
| Stage | Estimated Timeline |
|---|---|
| Order Processing & Production | 7-15 business days (after order confirmation & payment) |
| Quality Inspection & Packaging | 3-5 business days |
| Customs Clearance (India) | 2-5 business days |
| Sea Freight Transit | 15-45 days (depending on destination) |
| Air Freight Transit | 3-7 days (depending on destination) |
14.4 Shipping Documents
The following documents will be provided (as applicable) with each shipment:
| # | Document |
|---|---|
| 1 | Commercial Invoice (CI) |
| 2 | Packing List |
| 3 | Bill of Lading (B/L) or Air Waybill (AWB) |
| 4 | Certificate of Origin (COO) |
| 5 | Phytosanitary Certificate (for agro products) |
| 6 | FSSAI / Health Certificate (for food products) |
| 7 | Fumigation Certificate (if required) |
| 8 | Quality/Lab Analysis Report (if requested) |
| 9 | Insurance Certificate (for CIF shipments) |
| 10 | GST Invoice / Shipping Bill |
| 11 | Any additional documents as required by the buyer's country regulations |
14.5 Risk of Loss
Risk of loss or damage to goods transfers to the Buyer as per the agreed Incoterm.
Under FOB terms: Risk transfers when goods pass the ship's rail at the Indian port.
Under CIF/CFR terms: Risk transfers at the port of shipment (not destination).
The Company is not liable for loss, damage, or delay occurring after the risk transfer point.
15. INSPECTION & QUALITY ASSURANCE
15.1 Our Quality Commitment
All products undergo rigorous quality checks before shipment.
Quality parameters include physical appearance, weight, moisture content, purity, packaging integrity, and compliance with agreed specifications.
For food products (jaggery), we ensure compliance with FSSAI standards and destination country food safety regulations.
15.2 Pre-Shipment Inspection
| Aspect | Details |
|---|---|
| Internal Inspection | Conducted by our quality team before every shipment — Standard |
| Third-Party Inspection | Available upon Buyer's request (e.g., SGS, Bureau Veritas, Intertek) |
| Inspection Costs | Internal inspection: included in price. Third-party inspection: Buyer's expense unless otherwise agreed |
| Inspection Certificate | Provided upon request |
15.3 Buyer's Inspection at Destination
The Buyer must inspect goods within 7 business days of receipt at the destination.
Any claims regarding quantity shortages, visible damage, or non-conformity must be raised in writing within 7 business days of delivery.
16. CERTIFICATIONS & COMPLIANCE
16.1 Regulatory Compliance
Prakash Trade Corp complies with all applicable Indian laws and regulations governing export activities, including:
| Regulation / Authority | Compliance |
|---|---|
| DGFT | Directorate General of Foreign Trade — IEC, export licensing, and foreign trade policy |
| APEDA | Agricultural & Processed Food Products Export Development Authority — agricultural product exports |
| FSSAI | Food Safety & Standards Authority of India — food product safety and standards |
| GST | Goods & Services Tax — export taxation and documentation |
| Customs Act | Indian Customs regulations and procedures |
| FEMA | Foreign Exchange Management Act — foreign currency transactions |
| Legal Metrology | Packaging and labeling requirements |
16.2 Destination Country Compliance
The Buyer is responsible for ensuring that imported products comply with all applicable laws and regulations in the destination country, including:
- Import licenses and permits
- Product registration requirements
- Food safety and labeling regulations
- Customs duties and import taxes
- Quarantine and phytosanitary requirements
- Local packaging and labeling standards
16.3 Certification Documents
Copies of relevant certifications can be provided upon request, subject to confidentiality and commercial considerations.
17. CANCELLATION & MODIFICATION OF ORDERS
17.1 Buyer Cancellation
| Stage | Cancellation Terms |
|---|---|
| Before Production Starts | Full refund of advance payment minus any documented costs already incurred |
| During Production | Cancellation subject to costs incurred for raw materials, production, packaging, and other expenses |
| After Production Completion | Cancellation generally not permitted; Buyer liable for full order value |
| After Shipment | Cancellation not permitted; Buyer must accept delivery |
17.2 Company Cancellation
We reserve the right to cancel an order if:
- Payment is not received within the agreed timeframe
- Buyer provides false or misleading information
- Buyer violates applicable laws or sanctions
- Product becomes unavailable due to circumstances beyond our control
- Force Majeure event prevents fulfillment
In such cases, we will refund any advance payment received, less any documented costs already incurred.
17.3 Order Modification
Changes to confirmed orders must be requested in writing and are subject to:
- Feasibility and availability
- Revised pricing, if applicable
- Revised delivery timeline
- Written confirmation from both parties
18. RETURNS, REFUNDS & CLAIMS
18.1 No-Return Policy for Export Goods
Due to the nature of international trade and food/agricultural products:
However, claims may be considered in cases of:
- Significant quality defects attributable to the Company
- Short shipment or quantity discrepancy
- Wrong product or specification delivered
- Damaged goods due to inadequate packaging (if attributable to the Company)
18.2 Claim Procedure
To file a claim, the Buyer must:
- Notify us in writing within 7 business days of delivery
- Provide clear photographs/videos of the damaged or defective goods
- Provide the Commercial Invoice number, shipment details, and description of the issue
- Allow our team to inspect or investigate the claim
- Provide any additional documentation reasonably requested
18.3 Claim Resolution
If a claim is found to be valid and attributable to the Company, we may, at our discretion:
- Replace the defective/damaged goods in the next shipment
- Provide a credit note against a future order
- Issue a partial or full refund, depending on the severity of the issue
The Company's decision regarding the appropriate remedy shall be final, subject to applicable law.
18.4 Claims Exclusions
Claims will NOT be accepted for:
- Normal variations in natural/agricultural products (color, texture, minor weight variation)
- Damage caused by improper handling, storage, or transportation after risk transfer
- Damage caused by the Buyer's negligence or misuse
- Failure to comply with storage instructions
- Claims raised after the 7-business-day period
- Force Majeure events
18.5 Refund Process
Approved refunds will be processed within 15-30 business days after claim resolution.
Refunds will be made to the original payment method.
Bank charges, currency conversion fees, and other transaction costs may be deducted from the refund.
19. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control ("Force Majeure Event").
Force Majeure Events Include:
- 🌪️ Natural disasters (earthquake, flood, cyclone, tsunami, etc.)
- 🦠 Pandemics, epidemics, or public health emergencies
- ⚔️ War, armed conflict, terrorism, civil unrest
- 🚢 Port closures, strikes, labor disputes, shipping disruptions
- 🏛️ Government actions, sanctions, embargoes, export/import restrictions
- ⚡ Power outages, telecommunications failures, cyberattacks
- 📉 Severe market disruptions or supply chain failures
- 🔥 Fire, explosion, or industrial accidents
- 🚛 Transportation disruptions beyond our control
Effect of Force Majeure
- The affected party shall notify the other party as soon as reasonably practicable
- Performance obligations shall be suspended for the duration of the Force Majeure Event
- Neither party shall be liable for damages arising from such delay or non-performance
- If the Force Majeure Event continues for more than 60 days, either party may terminate the affected order without liability
20. INTELLECTUAL PROPERTY RIGHTS
20.1 Company Intellectual Property
All content on this Website, including:
- Company name, logo, and trademarks
- Website design, layout, and graphics
- Product photographs and images
- Product descriptions and specifications
- Text, articles, blogs, and other written content
- Videos, audio, and multimedia content
- Software, code, and functionality
are owned by, licensed to, or otherwise lawfully used by Prakash Trade Corp and are protected by applicable Indian and international intellectual property laws.
- Copy, reproduce, or republish our content without written permission
- Modify or create derivative works from our content
- Use our trademarks or branding without authorization
- Use our content for commercial purposes without permission
- Remove copyright or proprietary notices
20.2 Buyer Intellectual Property
If you provide us with your trademarks, logos, designs, or other intellectual property for custom packaging/private labeling:
- You retain ownership of your intellectual property
- You grant us a limited, non-exclusive license to use your IP solely for fulfilling your order
- You represent that you have the legal right to provide and use such IP
- You agree to indemnify us against claims arising from unauthorized use of third-party IP provided by you
20.3 Product Designs & Specifications
Custom product designs, formulations, packaging designs, and specifications developed exclusively for a Buyer may be subject to separate intellectual property agreements.
20.4 Infringement Claims
If you believe any content on our Website infringes your intellectual property rights, please contact us at:
Email: prakshtradecorp@gmail.com
Subject: "IP Infringement Notice"
Please provide details of the alleged infringement and proof of ownership.
21. CONFIDENTIALITY
21.1 Confidential Information
During the course of our business relationship, either party may receive confidential information from the other party, including but not limited to:
- Business plans, strategies, and financial information
- Customer and supplier information
- Pricing, quotations, and commercial terms
- Product formulations, specifications, and manufacturing processes
- Trade secrets and proprietary information
- Technical information and know-how
- Any information marked or reasonably understood to be confidential
21.2 Confidentiality Obligations
Each party agrees to:
- Keep confidential information strictly confidential
- Use confidential information only for the purpose for which it was disclosed
- Not disclose confidential information to third parties without prior written consent
- Take reasonable measures to protect confidential information from unauthorized access or disclosure
21.3 Exceptions
Confidentiality obligations do not apply to information that:
- Is or becomes publicly available through no breach of these Terms
- Was already lawfully known to the receiving party before disclosure
- Is independently developed without use of the confidential information
- Is required to be disclosed by law, regulation, or court order
21.4 Duration
Confidentiality obligations shall survive termination of the business relationship for a period of 3 years or as otherwise agreed in writing.
22. USER CONDUCT & PROHIBITED ACTIVITIES
You agree to use the Website and our services only for lawful purposes and in accordance with these Terms.
Prohibited Activities
You shall NOT:
- Violate any applicable local, national, or international law or regulation
- Engage in fraud, money laundering, or other financial crimes
- Attempt to circumvent export controls, sanctions, or trade restrictions
- Use the Website to facilitate illegal imports or exports
- Provide false, misleading, or fraudulent information
- Infringe the intellectual property rights of others
- Harass, threaten, or abuse Company employees or representatives
- Submit malicious code, viruses, or other harmful content
- Attempt to gain unauthorized access to our systems or data
- Interfere with the Website's operation or security
- Use automated systems to scrape, crawl, or extract Website data without permission
- Engage in activities that could damage our reputation or business
Consequences of Violation
If you violate these Terms, we may:
- Immediately terminate your access to the Website
- Cancel any pending orders
- Withhold or cancel refunds (where legally permitted)
- Pursue legal action
- Report illegal activities to relevant authorities
23. THIRD-PARTY LINKS
Our Website may contain links to third-party websites, services, or platforms, including:
- Trade platforms
- Social media platforms
- Payment gateways
- Logistics and shipping providers
- Government and regulatory websites
- Industry associations and resources
These links are provided for your convenience only.
- Endorse or guarantee third-party websites
- Control or have responsibility for third-party content
- Guarantee the accuracy or reliability of third-party information
- Accept liability for transactions or interactions with third parties
You access third-party websites at your own risk and should review their respective terms and privacy policies.
24. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability
- Warranties of fitness for a particular purpose
- Warranties of title
- Warranties of non-infringement
- Warranties regarding accuracy or completeness of information
- Warranties of uninterrupted or error-free Website operation
- Warranties regarding the quality, suitability, or fitness of products for the Buyer's specific purpose (unless expressly agreed in writing)
Product-Specific Disclaimer
For agricultural and natural products (including Organic Cane Jaggery):
- Natural variations in color, texture, taste, and appearance are normal
- Product specifications may vary within reasonable industry standards
- We do not guarantee that products will meet specific preferences or expectations beyond the agreed specifications
25. LIMITATION OF LIABILITY
25.1 General Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRAKASH TRADE CORP SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, business, or anticipated savings
- Loss of data or information
- Loss of business opportunities
- Reputational damage
- Any damages arising from delays beyond our control
25.2 Maximum Liability
Our total aggregate liability for any claim arising from or related to these Terms or any transaction shall not exceed:
25.3 Exceptions
The limitations above do not apply to:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Willful misconduct
- Liability that cannot legally be excluded under applicable law
25.4 Force Majeure
We are not liable for any failure or delay caused by Force Majeure Events as defined in Section 19.
26. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Prakash Trade Corp, its directors, officers, employees, agents, suppliers, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your breach of these Terms & Conditions
- Your violation of any applicable law or regulation
- Your infringement of any third-party intellectual property rights
- Your misuse of the Website or our services
- Any false, misleading, or fraudulent information provided by you
- Your violation of export/import regulations or sanctions
- Any claims arising from your products, branding, or specifications provided to us
This indemnification obligation shall survive termination of these Terms.
27. PRIVACY POLICY
Your privacy is important to us.
Our collection, use, storage, and processing of your personal data is governed by our Privacy Policy , which forms an integral part of these Terms.
By using our Website, you consent to the collection and processing of your personal data as described in the Privacy Policy.
Please review our Privacy Policy for detailed information about:
- What personal data we collect
- How we use your data
- How we protect your data
- Your data protection rights
- Cookies and tracking technologies
- International data transfers
- Data retention periods
28. COMMUNICATION & CONSENT
28.1 Electronic Communication
By using our Website and providing your contact information, you consent to receive communications from us via:
- Phone calls
- SMS
- Website notifications
28.2 Types of Communication
| Communication Type | Consent Required |
|---|---|
| Transactional (Order confirmations, invoices, shipping updates) | No — necessary for order fulfillment |
| Business Communication (Quotations, product information) | Consent / Legitimate Interest |
| Marketing (Promotions, newsletters, offers) | Explicit opt-in consent |
28.3 Opt-Out
You can opt out of marketing communications at any time:
- Click the "Unsubscribe" link in emails
- Email prakshtradecorp@gmail.com with "Unsubscribe" in the subject
- Reply "STOP" to WhatsApp marketing messages
Opting out of marketing does not affect transactional or legally required communications.
28.4 Recording of Communications
For quality assurance, training, and dispute resolution, we may record or retain:
- Phone calls
- WhatsApp conversations
- Email communications
- Video calls
We will notify you where legally required before recording communications.
29. ANTI-BRIBERY & ANTI-CORRUPTION
Prakash Trade Corp maintains a strict zero-tolerance policy toward bribery and corruption.
We Do Not Permit:
- Offering or accepting bribes
- Facilitation payments
- Kickbacks or secret commissions
- Improper gifts or entertainment
- Payments to government officials to expedite routine processes
- Any other form of corrupt payment
Compliance
All employees, agents, suppliers, and business partners are expected to comply with applicable anti-corruption laws, including:
- Prevention of Corruption Act, 1988 (India)
- Foreign Corrupt Practices Act (FCPA) (where applicable)
- UK Bribery Act 2010 (where applicable)
- Local anti-corruption laws in relevant jurisdictions
Reporting
Suspected violations should be reported immediately to:
We will investigate all reports confidentially and take appropriate action.
30. SANCTIONS & EXPORT CONTROLS
30.1 Compliance with Sanctions
We comply with applicable international trade sanctions and export control regulations.
We will not knowingly conduct transactions with:
- Individuals or entities on applicable sanctions lists
- Countries subject to comprehensive trade embargoes
- Entities involved in terrorism, weapons proliferation, or other prohibited activities
30.2 Buyer's Representations
By placing an order, you represent and warrant that:
- You are not a sanctioned person or entity
- You are not acting on behalf of a sanctioned person or entity
- The products will not be used for any prohibited end-use
- The products will not be re-exported to sanctioned countries or entities
- You will comply with all applicable export control laws
30.3 Screening
We reserve the right to:
- Conduct due diligence and sanctions screening on Buyers and transactions
- Request additional information or documentation
- Refuse or cancel orders that may violate sanctions or export controls
- Report suspicious transactions to relevant authorities where legally required
30.4 Consequences of Violation
If we determine that a transaction violates applicable sanctions or export control laws, we may:
- Immediately suspend or terminate the transaction
- Withhold or cancel shipment
- Retain funds to the extent permitted by law
- Report the matter to relevant authorities
- Take any other legally appropriate action
31. SEVERABILITY
If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable by a court or competent authority:
- That provision shall be modified to the minimum extent necessary to make it valid and enforceable, or
- If modification is not possible, the provision shall be severed from these Terms
The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions.
32. WAIVER
No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of the Company.
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
A waiver of any particular breach shall not constitute a waiver of any subsequent breach.
33. ENTIRE AGREEMENT
These Terms & Conditions, together with:
- Our Privacy Policy
- Any Proforma Invoice
- Sales Contracts
- Purchase Orders
- Other written agreements between the parties
constitute the entire agreement between you and Prakash Trade Corp regarding the subject matter hereof.
These Terms supersede all prior agreements, understandings, representations, and communications, whether written or oral, regarding the same subject matter.
34. ASSIGNMENT
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights and obligations under these Terms to:
- An affiliate or subsidiary
- A successor entity in connection with a merger, acquisition, or sale of assets
- Any other entity with reasonable notice to you
Any prohibited assignment shall be null and void.
35. AMENDMENTS
We reserve the right to modify or update these Terms & Conditions at any time.
Changes will be effective when posted on the Website with an updated "Last Updated" date.
For material changes that significantly affect your rights or obligations, we will provide reasonable notice through:
- Website notification
- Email (where we have your contact information)
- Other appropriate communication channels
Your continued use of the Website or our services after changes are posted constitutes acceptance of the modified Terms.
If you do not agree to the modified Terms, you must discontinue use of the Website and our services.
36. GOVERNING LAW & JURISDICTION
36.1 Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of India.
The following Indian laws shall apply, as applicable:
- Indian Contract Act, 1872
- Sale of Goods Act, 1930
- Foreign Exchange Management Act (FEMA), 1999
- Foreign Trade (Development and Regulation) Act, 1992
- Information Technology Act, 2000
- Digital Personal Data Protection Act, 2023
- Consumer Protection Act, 2019 (where applicable)
36.2 Jurisdiction
Subject to the Dispute Resolution provisions below, the courts of New Delhi, India shall have exclusive jurisdiction over any disputes arising from or related to these Terms.
36.3 International Buyers
For international transactions, the parties may agree to additional jurisdiction or arbitration provisions in the Proforma Invoice or Sales Contract.
In case of conflict between these Terms and a signed Sales Contract, the Sales Contract shall prevail.
37. DISPUTE RESOLUTION
37.1 Good Faith Negotiation
In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the dispute through good-faith negotiation.
Either party may initiate negotiations by providing written notice to the other party describing the dispute.
37.2 Mediation
If the dispute cannot be resolved through negotiation within 30 days, the parties may mutually agree to mediation before pursuing arbitration or litigation.
37.3 Arbitration
For international transactions where the Proforma Invoice or Sales Contract specifies arbitration:
- Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 (India)
- Seat of Arbitration: New Delhi, India
- Language: English
- Number of Arbitrators: One (unless otherwise agreed)
- Appointment: As mutually agreed by the parties or in accordance with applicable law
37.4 Court Proceedings
If arbitration is not applicable or is not agreed upon, disputes shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.
38. GRIEVANCE REDRESSAL
If you have any complaint or grievance regarding:
- Our products or services
- These Terms & Conditions
- Our Website or business practices
- Privacy or data protection
- Any other matter related to your interaction with Prakash Trade Corp
Please contact our Grievance Officer:
Grievance Resolution Process
- Acknowledgment: We will acknowledge your grievance within 48 hours
- Investigation: We will investigate the matter and may request additional information
- Resolution: We will provide a response within 30 days
- Escalation: If you are unsatisfied, you may pursue legal remedies as provided under applicable law
39. CONTACT INFORMATION
For questions, inquiries, orders, or any other communication regarding these Terms & Conditions, please contact us:
