Terms & Conditions

1. Acceptance of Terms

By accessing, browsing, or placing an order through the BioFresh Organic Grocery website or mobile application (collectively, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). These Terms constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Bio Agriculture Development Project Pvt. Ltd. (“BioFresh,” “we,” “us,” or “our”), a company registered in Nepal.

If you do not agree with any part of these Terms, you must discontinue use of the Platform immediately. We reserve the right to modify these Terms at any time. Continued use of the Platform following any changes constitutes your acceptance of the revised Terms. Material changes will be communicated via email or a prominent notice on the Platform.

2. Account Registration

To place orders on BioFresh, you must create an account by providing accurate, current, and complete information including your full name, email address, phone number, and delivery address. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to:

• Provide truthful and accurate registration information
• Keep your account credentials secure and not share them with third parties
• Notify us immediately if you suspect unauthorized access to your account
• Ensure you are at least 18 years of age or have parental consent to use the Platform
• Maintain only one active account per household unless approved by BioFresh

We reserve the right to suspend or terminate accounts that we reasonably believe contain false information, are being used fraudulently, or are in violation of these Terms.

3. Products & Ordering

3.1 Product Information

We make every effort to display product descriptions, images, nutritional information, ingredients, allergen warnings, organic certifications, and origin details as accurately as possible. However, product appearance, packaging, and specifications may vary due to seasonal availability, supplier changes, or natural variations inherent in organic produce. Product images are representative and actual items may differ slightly in colour, size, or presentation.

3.2 Order Placement

When you place an order through the Platform, you are making an offer to purchase the selected products. All orders are subject to acceptance by BioFresh. We will confirm acceptance by sending you an order confirmation via email or SMS. We reserve the right to decline or cancel any order at our discretion, including but not limited to cases of product unavailability, pricing errors, suspected fraud, or delivery limitations.

3.3 Product Availability

As an organic grocery platform sourcing directly from local farms, product availability is subject to seasonal variation, harvest conditions, and supply chain realities. We do not guarantee the availability of any specific product. If an ordered item becomes unavailable, we will notify you promptly and either suggest a suitable substitute or issue a refund for the unavailable item.

4. Pricing & Payment

4.1 Pricing

All prices displayed on the Platform are in Nepalese Rupees (NPR) and include applicable taxes unless stated otherwise. Prices for organic produce may fluctuate based on seasonal availability, farm-gate pricing, and market conditions. We reserve the right to change prices at any time without prior notice; however, price changes will not affect orders that have already been confirmed.

In the unlikely event of a pricing error, we will notify you before processing the order and give you the option to confirm the order at the corrected price or cancel it for a full refund.

4.2 Payment Methods

We accept the following payment methods:

• Credit and debit cards (Visa, MasterCard)
• Mobile wallets (eSewa, Khalti, IME Pay)
• Bank transfers
• Cash on delivery (within eligible delivery zones)
• BioFresh gift cards and store credit

All electronic payment transactions are processed through secure, PCI-compliant third-party payment gateways. BioFresh does not store your full card details on our servers. By providing payment information, you represent that you are authorized to use the selected payment method.

4.3 Promotional Offers & Coupons

Promotional offers, discount codes, and coupons are subject to their individual terms and conditions, including validity periods, minimum order values, and product exclusions. Offers cannot be combined unless explicitly stated. BioFresh reserves the right to withdraw or modify promotional offers at any time without prior notice.

5. Delivery

5.1 Delivery Areas & Schedule

BioFresh currently delivers within designated areas of the Kathmandu Valley and surrounding districts. Delivery availability, schedules, and cut-off times are displayed during the checkout process based on your delivery address. Same-day delivery is available for orders placed before 11:00 AM within eligible zones, subject to product availability and operational capacity.

5.2 Delivery Charges

Delivery charges are calculated based on your delivery address, order weight, and the selected delivery window. Free delivery may be offered for orders exceeding a minimum value threshold, which is displayed on the Platform. Delivery fees are non-refundable unless the delivery failure was caused by BioFresh.

5.3 Receiving Deliveries

You or an authorized person must be present at the delivery address to receive the order. If no one is available and the delivery cannot be completed, a redelivery charge may apply. Perishable items that cannot be delivered due to your unavailability may not be eligible for a refund. Please inspect your order upon delivery and report any issues within 2 hours of receipt.

6. Organic Certification & Quality

BioFresh is committed to offering products that meet recognized organic farming standards. Products listed as “Organic” on our Platform are sourced from farms and suppliers that hold valid organic certifications from nationally or internationally recognized certification bodies. We maintain traceability records for our organic supply chain and conduct regular audits of our partner farms.

While we take all reasonable measures to ensure organic integrity throughout our supply chain, we rely on the representations and certifications of our supplier partners. BioFresh’s quality assurance team reviews certification documents, conducts periodic farm visits, and performs random quality checks. Any concerns regarding organic certification or product quality should be reported to our customer service team immediately.

7. Returns, Refunds & Cancellations

7.1 Cancellations

You may cancel an order before it has been dispatched from our facility. Once an order is marked as “Out for Delivery,” cancellations are no longer possible. To cancel an order, use the cancellation option in your account dashboard or contact our customer support team.

7.2 Returns

Due to the perishable nature of our products, returns are accepted only in the following circumstances:

• Damaged or defective products upon delivery
• Incorrect items received (wrong product or quantity)
• Products past their expiry or best-before date at the time of delivery
• Products that do not match the description on the Platform in a material way

Return requests must be submitted within 24 hours of delivery with photographic evidence of the issue. Non-perishable items in sealed, unused condition may be returned within 7 days of delivery.

7.3 Refunds

Approved refunds will be processed within 7-10 business days to the original payment method. For cash-on-delivery orders, refunds will be issued as BioFresh store credit unless you request a bank transfer. Partial refunds may be issued when only a portion of your order is affected.

8. Membership & Loyalty Programme

BioFresh may offer membership tiers, loyalty rewards, referral programmes, and gift cards (“Membership Benefits”). Participation in these programmes is subject to separate programme-specific terms, which will be provided at the time of enrollment.

Reward points, credits, and promotional balances have no cash value and cannot be transferred, sold, or exchanged outside the BioFresh Platform. BioFresh reserves the right to modify, suspend, or discontinue any Membership Benefits with reasonable notice. Abuse of loyalty programmes, including creating multiple accounts to exploit referral rewards, may result in account suspension and forfeiture of accumulated benefits.

9. Intellectual Property

All content on the Platform — including but not limited to text, graphics, logos, product images, illustrations, icons, the BioFresh brand name, page layouts, software, and underlying code — is the property of Bio Agriculture Development Project Pvt. Ltd. or its content suppliers and is protected by applicable intellectual property laws of Nepal and international treaties.

You may not reproduce, distribute, modify, display, perform, create derivative works from, republish, download, store, transmit, or commercially exploit any content from the Platform without our prior written consent. Limited, non-commercial use such as sharing a product page link with a friend or printing a recipe for personal use is permitted. All recipe content, blog articles, and farm stories published on BioFresh remain the intellectual property of BioFresh and our contributors.

10. User Conduct

When using the Platform, you agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable local, national, or international law
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Submit false, misleading, or fraudulent reviews, ratings, or feedback
• Attempt to gain unauthorized access to any part of the Platform, other user accounts, or systems connected to the Platform
• Use automated means (bots, scrapers, spiders) to access, monitor, or extract data from the Platform
• Interfere with or disrupt the Platform’s infrastructure, servers, or networks
• Engage in price manipulation, including placing and cancelling orders to artificially affect product availability or pricing

11. Limitation of Liability

To the maximum extent permitted by applicable law, BioFresh, its directors, officers, employees, agents, partners, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or relating to your use of the Platform, including but not limited to:

• Loss of profits, revenue, data, or anticipated savings
• Personal injury or health issues resulting from the consumption of products purchased through the Platform (beyond the scope of applicable consumer protection law)
• Service interruptions, delays, or failures caused by circumstances beyond our reasonable control, including natural disasters, strikes, government actions, or internet service disruptions
• Errors or inaccuracies in product information provided by third-party suppliers

Our total liability for any claim arising from the use of the Platform shall not exceed the total amount paid by you for the order giving rise to the claim. This limitation does not exclude or restrict liability for fraud, gross negligence, or any liability that cannot be legally excluded.

12. Privacy & Data Protection

Your privacy is important to us. The collection, use, storage, and protection of your personal information is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Platform, you consent to the data practices described in our Privacy Policy.

We implement appropriate technical and organisational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.

13. Third-Party Links & Services

The Platform may contain links to third-party websites, services, or content that are not owned or controlled by BioFresh, including payment gateways, social media platforms, and partner farm websites. We are not responsible for the content, accuracy, privacy practices, or availability of any third-party site. The inclusion of any link does not imply endorsement by BioFresh. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

14. Force Majeure

BioFresh shall not be held liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, epidemics or pandemics, government restrictions, supply chain disruptions, extreme weather events affecting farm output, transportation strikes, civil unrest, or power outages. In such events, BioFresh will use reasonable efforts to resume service as soon as practicable and will communicate expected delays to affected customers.

15. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Nepal. Any disputes arising from or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Kathmandu, Nepal.

Before initiating any legal proceedings, both parties agree to attempt resolution through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue mediation or arbitration in accordance with the Arbitration Act of Nepal, before resorting to litigation.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

17. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, Shipping Policy, and any programme-specific terms for Membership Benefits, constitute the entire agreement between you and BioFresh regarding your use of the Platform. These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether electronic, oral, or written, between you and BioFresh.