Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website (www.indiangrocerystore.co.uk). If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, the User or Users (“you”) means any third party that accesses the Website and is not either (i) employed by Retail IQ Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Retail IQ Limited and accessing the Website in connection with the provision of such services.
By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of the company, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
You may, for your own personal, non-commercial use only, do the following - retrieve, display and view the Content on a computer screen
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of the company.
You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Use of Communications Facilities
When using site forms or any other system on the website you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit content that is intended to promote or incite violence;
- You must not impersonate other people, particularly employees and representatives of Indian Grocery Store or our affiliates; and
- You must not use our system for unauthorised mass-communication such as "spam" or "junk mail".
Additionally, you acknowledge that the company reserves the right to monitor any and all communications made to us or using our system.
To register on the Site you must be over eighteen years of age.
When registering with the Site your email address is essential for us to be able to supply you with important information such as order confirmations, and changes to the service. By registering with us, you accept that your email address may be used to supply you with such information.
You must ensure that the details provided by you on registration or at any time are correct and complete. Please inform us of any changes to your information by emailing us at firstname.lastname@example.org to ensure that our records are correct.
We may suspend or cancel your registration with immediate effect for any reasonable purposes, including but not limited to your breach of these terms and conditions.
You may cancel your registration at any time by informing us in writing via the email email@example.com. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify our customer support team by emailing firstname.lastname@example.org.
If Indian Grocery Store has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
Third Party Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of this company or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
Accessing Indian Grocery Store
Although likely a rare occurrence, there may be occasions when the Site is unavailable to you.
During which time we shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Site at any time or for any period.
We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Site and the content therein available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Site shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Site as a result of our service providers.
Goods, Pricing and Availability
Whilst every effort has been made to ensure that all graphical representations and descriptions of goods available from the Site correspond to the actual goods, We are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct goods, not different goods altogether.
We do our utmost to ensure that prices displayed on the site are correct and up to date. However, our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. In the instance where you have been incorrectly charged please email our Customer Support team at email@example.com with your name and order number and we will arrange for a correction to be applied to the payment method that was originally used at time of purchase.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.
No statement, description, warranty condition or recommendation contained in the website, price list, advertisement, communication or made verbally by any of the company’s agents or employees shall be construed to enlarge, vary or override in any way thereof any of these conditions.
Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the goods that you are purchasing.
In the event that prices are changed during the period between an order being placed for goods and us processing that order and taking payment, the company will do its utmost within reason to contact you prior to your order being processed with details of the new price. We are under no obligation to provide the product to you at the incorrect (lower) price. The company reserves the right to cancel any orders placed at that price and return in full any payment received.
All prices on the website do include any applicable VAT and reflect the current rate. Our VAT registration number is GB 350 2335 39.
No Reliance on Information
Although we believe everything on the Website is up to date and accurate, we can’t guarantee that it is.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date. We have no obligation to verify the content of such information or to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
Product Purchases and Payment
Product purchases can only be made through the online ordering facility on the website. The ordering facility and our communications to you in relation to any order or contract will be in the English language.
The ordering facility allows you to review your order and make any corrections before submitting it to us. For each product in which you click “add to cart” you are given the opportunity to review the quantity and cost of each item in your shopping cart when you choose to view your basket details by clicking the basket icon. You can change your order, or cancel the purchase of each of the products completely, at this stage, or at any time before clicking '<TBC>’. By submitting the order you confirm that you have made any corrections necessary to your order.
Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as stated below.
No order is accepted from you until... <test order required to complete copy>
Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute within seven days from receiving the product, in which case we will refund the full amount paid once the product has been returned to our nominated address at a cost to us. If we do not offer a substitute, we will remove the product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of products.
Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before order dispatch. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, before the order is dispatched. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before order dispatch. For any payments you have made for orders which have been properly cancelled, a credit will be applied to the original payment method used at the time of purchase.
We reserve the right to cancel purchases, for any reason prior to processing payment and dispatch.If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
You are entitled to cancel a payment for products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for re-credit to your card.
If you wish to purchase from the Site, you must ensure that we are provided with details of a valid payment method. We accept payments from PayPal, Visa, Mastercard and American Express debit and credit cards; please check your service provider for their usage terms and conditions.
Payments made to this site are done so through the Shopify Payments gateway. As part of the payment services provided by Shopify Payment, they will collect and process your Cardholder Data and in doing so they may transmit or possess the data outside ours or your jurisdiction, and it may be subject to disclosure as required by applicable law.
We reserve the right to suspend deliveries to you if we are refused authority from your card issuer for payment, or we reasonably believe that payment will be refused. You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in obtaining payments due from you that you have not made in accordance with your agreement with us as set out in these Terms and Conditions.
Returns and Cancellations of Orders
We want our customers to be satisfied with their products but understand that sometimes circumstances mean orders need to be cancelled or products returned. Full details on our Returns Policy and Cancellation Policy can be found on our website.
Limitation of liability
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractor; for fraud or fraudulent misrepresentation; for breach of your legal rights, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Rights Act 2015.
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for delays outside of our control. If our delivery of the products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but have not yet received.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, zombie apocalypse or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Insofar as is permitted by law, our only liability to you under these Terms and Conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this clause affects your statutory rights as a consumer.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Consumer Rights Act 2015, in the event that any of these Terms are found to be unlawful, invalid or otherwise unenforceable, that Term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This Term shall apply only within jurisdictions where a particular Term is illegal.
If we fail at any time to insist upon strict performance of any of your obligations under these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
We aim to resolve any complaints you may have as fast as possible. Once a complaint has been submitted to us in writing via firstname.lastname@example.org you will receive an acknowledgement of receipt within 48 hours. If we are unable to resolve a complaint that you make within eight weeks you can take your complaint to Retail ADR. This is an independent organisation specialising in providing an alternative dispute resolution service for consumers and retailers.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.