Terms and Conditions

You are requested to read through the general terms and conditions that apply to all usage or transactions on The Soul of India website. Each time you place an order or give us an assignment you need to confirm you have read, understood, and accepted these terms and conditions. Delivery will only take place in accordance with these terms and conditions. Exceptions to our delivery and payment conditions are only granted with our express written permission. Offers are not binding.

Prices and VAT
The wholesale prices for dealers displayed on the website are FOB Mundra (Mumbai). Transport by sea container have to be paid by the purchaser and must adhere to the terms and conditions of the transport company used. The Transport costs and the product costs can be adjusted at any time. Price changes will apply from the time of publication on the website and will obviously not apply to already existing orders. As The Soul of India is located in India will remain captive in India to pay 18% GST. All other countries do not have to pay VAT, but maybe have to pay some import tax (Duty and taxes) that apply in the country of delivery. The percentage of import tax therefore is dependent on the type of product and the country of delivery. Because we are dealing with products out of a developing country the import tax is in most of the cases 0%. For more information about payment of Import taxes and/or duties you must contact your local government tax office or collector of customs.
Product prices on the website can be changed by The Soul of India whenever this is necessary. This will be done in a standard period of three months. By printing the product catalogue from the website the buyer must be aware of the validation date of the catalogue to avoid unnecessary problems.

Delivery
Delivery of purchased goods to buyers will take place between 60 and 120 days. Production starts after we have received at least 50% payment of the performa invoice on our Indian bank account. From here the delivery time also starts. Delivery may differ from the originally stated delivery times depending on supply of materials and production time. The Soul of India keep in contact with purchasers in case of delay due to situations beyond our control (Strikes, etc.)

When The Soul of India, for any reason, fails to deliver, the purchaser will be informed immediately. The monies received will be reimbursed within 14 days.

In any case of late delivery The Soul of India will not accept responsibility for any claims for compensation from the purchaser, nor will it accept the sales contract to be declared void. The only exception would be in the instance of deliberate misconduct or gross negligence by The Soul of India.The Goods remain the responsibility of The Soul of India until delivery by the transport company to the purchaser.

Be aware that almost all the products are handmade and the delivered product can differ a bit from the product we show on the website. Little differences can be; colours, measurements, pictures or embroidery work. More people are working on the same products and that’s why each product has a personal touch. It makes the product also more unique.

Payment
Payments need to be done in Euro by using the payment methods mentioned in the invoice. It is possible to send the buyer an invoice in USD, but the Euro will always be the main currency. We use 50% in advance payment and 50% after the products are on transport to the customer (Bill of Lading). After the original documents have reached the buyer the rest 50% payment of the invoice needs to paid directly.

Images
All images, drawings, illustrations, data concerning weights, dimensions, colours, and etcetera incorporated in price lists and folders, are only indicative and cannot be applicable for any compensation and/or dissolution. All designs, images, and etcetera made by and on behalf of The Soul of India, remain property of The Soul of India and cannot be copied, multiplied, nor to be displayed to third parties, or used in any way without explicit written permission.

Guarantee
The Soul of India site ensures that the delivered products meet the specifications listed on the website. We have no guarantee scheme.If within 5 days after delivery that the products do not meet your requirements, please write to The Soul of India about this.As already indicated earlier, we are working with handmade items and the item delivered may differ slightly from the image on the website. The Soul of India cannot be held liable in this case and the risk is borne by the purchaser. Visible defects must be communicated to The Soul of India within 5 days after delivery, preferably with photograph. When The Soul of India is informed on time with regard to any complaint/defect the item will be repaired or, if not possible, be replaced. All complaints will be solved in a reasonable time. When the purchaser is entirely dissatisfied it is possible to completely annul the purchase. This is only possible however through extensive consultation between The Soul of India and the purchaser. The purchaser is responsible for the cost of returning the goods provided, in either case with regard to separation and annulment of purchase.The purchase amount upon cancellation will be paid as a credit on The Soul of India account of the buyer. In addition you get a compensation of The Soul of India for the return costs of the purchased product. This amount is automatically added to your account amount. The height of this amount is determined by The Soul of India and this cannot be negotiated.

The purchaser cannot appeal the Guarantee provisions if;

  •  The purchaser has neglected to notify the Soul of India within the stipulated period with regard to any claim for compensation.
  •  The purchaser has effected modifications to the item delivered. This includes any repairs made to any items purchased from The Soul of India, not undertaken by The Soul of India.
  •  In case of neglect, careless use, dampness, or other external events.
  • The product is used for unsuitable purposes.
  •  When the purchaser has treated the complaint in any other inappropriate manner.

The article must be complete, in original packaging with sales receipt to be returned.

When the purchaser does not comply with any obligations to The Soul of India in the correct and stated manner the guarantee does not apply to the purchase.

Non Impute shortcomings
If the conditions of the contract cannot be complied with, after the contract has been created due to circumstances that cannot be foreseen at the time (For example “Acts of God”) The Soul of India is exempt from any liability.Unforeseen events or circumstances can be, for example; strikes, sudden government restrictions, delays in supply, export prohibitions, riots, war, transport failures, import obstructions, Supplier failures, and or actions of manufacturers producing for The Soul of India. This also includes actions of assistants, instances of staff illness, failures of assistance or transport methods, exclusions or other labour impairments and events that are not reasonably insurable by The Soul of India.In the case of unforeseen circumstances, The Soul of India reserves the right to suspend the contract partially or in its entirety. The Soul of India also reserves the right to alter the conditions and terms of the contract so that execution remains possible in unusual circumstances. The Soul of India cannot be fined or held liable for any compensation payments. The Soul of India reserves the right of payment for any work already undertaken and costs incurred for such work.

The Soul of India has no authority of suspension if compliance proves temporarily or permanently impossible or continues longer than three months. In these cases the contract agreement can be declared null and void by the most reasonable party without consumer entitlement to compensation for any loss or damage

Liability Restrictions
Neither The Soul of India nor any contracted third parties being used for the implementation of any contract are responsible for any damages or loss resulting from or relating to the contract. This includes the purchaser or any third party involved in the execution of the contract that suffers loss or damage in any direct or indirect manner.

Notwithstanding previous issues The Soul of India is not responsible for;

  •  Interim adjustment of prices and/or transport costs
  • Non-delivery or late delivery
  • Information provided in leaflets, catalogues, publicity materials, tenders, etcetera.
  • Unforeseen circumstances (Acts of God)
  •  The purchaser or a third party repairing delivered goods or when adaptations have been made to the goods after delivery.
  • When the goods are used for other than their intended purpose, or in a an unprofessional manner
  •  The possessions of third parties which are located at The Soul of India’s premises for repairs, storage, or for any other reason.

Remaining Conditions
In the case of specified conditions within the general terms and condition losing their function partially or in their entirety, this will have no consequences for the validity of the remaining conditions of the general terms and conditions.

The purchaser of goods from The Soul of India gives permission for registration and use of their personal details, in the context of Dutch law covered by The Personal Registration Act. The Soul of India has obtained the permission to store personal data for its own use within normal business functions of the company.

Applicability
These conditions and the agreements to which they apply are governed by Dutch law if the tenders, orders, and/or supplies from and/or in the Netherlands are performed respectively.Taking into account article 100 of The Code of Civil Legal Proceedings, all disputes arising from or relating to an agreement made between The Soul of India , and its Customer, will by exemption by tried by the appropriate judicial authority in Hoorn. This provision reserves the right for The Soul of India to bring any dispute before the appropriate judicial authority in the place of residence of the Customer.