Terms of Service

Terms of Service — By The Mountain


Introduction

This website www.bythemountain.com ("Site") is operated by RawNectary Private Limited ("RawNectary", "By The Mountain", "we", "us", "our"), a company incorporated under the laws of India.

By accessing or using this Site, placing an order, or otherwise availing our services, you ("you", "your", "customer") agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Site.

We reserve the right to update these Terms at any time by posting changes to this page. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to sell our products to you.

1. Eligibility

By using this Site, you represent that you are at least 18 years of age, or are using the Site under the supervision of a parent or guardian.

2. Products

We sell cold-pressed juices and related orchard-to-table beverage products under the By The Mountain brand. Product descriptions, images, weights, and nutritional information are provided in good faith and are as accurate as reasonably possible; minor variations (natural fruit variation, batch differences) may occur.

Prices are listed in INR and are subject to change without notice. We reserve the right to limit quantities, refuse orders, or discontinue any product at our discretion.

3. Orders and Payment

Orders may be placed via the Site and paid for via prepaid online payment or Cash on Delivery (COD), where available for your location.

All products and prices displayed on the Site constitute an invitation to offer, not a binding offer by us. Your order constitutes your offer to purchase, which we may accept or reject in whole or in part, at our discretion. Our acceptance of your order takes effect only upon dispatch of the product(s) ordered — not upon order confirmation or payment. Where an order contains multiple items and only some are dispatched, that portion is deemed accepted; the remainder continues to be treated as an open offer, which we may accept or decline separately.

We reserve the right to cancel or refuse any order, including for reasons such as: product unavailability, errors in pricing or product information, suspected fraudulent activity, or delivery outside our serviceable areas.

Pricing errors: While we take care to ensure prices and product information are accurate, typographical or technical errors may occasionally occur. If a product is listed at an incorrect price or with incorrect information due to such an error, we reserve the right to either contact you for further instructions or cancel the order and notify you, at any point before the product has been dispatched. If payment has already been processed for a cancelled order, the amount will be refunded in accordance with our Refund Policy.

For COD orders, we reserve the right to require confirmation (call/WhatsApp/email) before dispatch, and to restrict COD availability for certain pin codes or order values.

Card/payment fraud: You confirm that any payment method used to place an order is lawfully owned and used by you. Payment information is collected and processed directly by our payment gateway provider; we do not store your full card or banking details. We are not liable for losses arising from fraudulent or unauthorized use of a payment method by a third party, and reserve the right to take appropriate action, including cancellation of the order, where fraud is suspected.

4. Delivery

Estimated delivery timelines are provided at checkout and are not guaranteed. Delays may occur due to logistics, weather (particularly relevant given our origin in the Kashmir Valley), courier constraints, or circumstances beyond our control.

Given the perishable nature of our products, please ensure someone is available to receive the order at the stated address within the expected delivery window.

5. Communications & Marketing Consent

By providing your phone number, email address, or other contact details at checkout, on the Site, or through any other touchpoint (including an incomplete/abandoned checkout), you consent to us:

Storing this information in our customer relationship management (CRM) system;
Contacting you via email, SMS, or WhatsApp regarding your order, delivery updates, and customer support;
With your consent (or where permitted under applicable law), sending you promotional and marketing communications, including offers, new product updates, and abandoned-cart reminders.

You may opt out of marketing communications at any time by replying "STOP" / "UNSUBSCRIBE" to any such message, or by emailing us at hello@bythemountain.com. Opting out of marketing communications does not affect transactional communications related to an active order.

Our full data practices are described in our Privacy Policy.

6. Returns, Replacements & Refunds

All returns, replacements, and refunds are governed by our Refund Policy, which forms part of these Terms.

7. Health-Related Information

Any information on the Site regarding ingredients, nutritional content, or potential health benefits of our products is provided for general informational purposes only and is not intended as, and should not be substituted for, medical advice from a qualified doctor or healthcare professional. Statements about our products have not been evaluated by any drug regulatory authority and are not intended to diagnose, treat, cure, or prevent any disease. Individual results may vary. If you have a medical condition, allergy, or are pregnant or nursing, please consult a healthcare professional before consuming our products. Please read product labels carefully prior to use.

8. Intellectual Property

All content on this Site — including but not limited to the By The Mountain name, logo, product photography, packaging design, and written content — is the property of RawNectary Private Limited and may not be reproduced, copied, or used without our express written permission.

9. Prohibited Uses

You agree not to use the Site: for any unlawful purpose; to transmit viruses or malicious code; to scrape, crawl, or harvest data from the Site without permission; to submit false or misleading information; or to interfere with the security or operation of the Site.

10. Third-Party Services

The Site may use third-party services for hosting (Shopify), payments (payment gateway providers), analytics (e.g. Google Analytics), and advertising (e.g. Meta). We are not responsible for the practices of these third parties beyond our instructions to them, and encourage you to review their respective terms and privacy policies.

11. Disclaimer of Warranties; Limitation of Liability

The Site and Services are provided "as is" and "as available." We do not warrant that the Site will be uninterrupted or error-free. To the maximum extent permitted by applicable law, RawNectary Private Limited, its directors, officers, and employees shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Site or products, except in cases of proven defect covered under our Refund Policy.

12. Indemnification

You agree to indemnify and hold harmless RawNectary Private Limited and its officers, directors, employees, and agents from any claim arising out of your breach of these Terms or violation of any law or third-party right.

13. Governing Law & Jurisdiction

These Terms shall be governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts at Srinagar, J&K..

14. Grievance Officer

In accordance with the Information Technology Act, 2000 and rules made thereunder, and the Consumer Protection (E-Commerce) Rules, 2020, the details of our Grievance Officer are:

Name: Hazin Mir Email: Address: info@rawnectary.com Response time: We will acknowledge grievances within 48 hours and aim to resolve them within 30 days.

15. Contact Us

Email: hello@bythemountain.com Phone: +91 84918889888