Terms and Conditions
These terms and conditions (together with the documents referred to within) (the “Terms”) apply to your use of the Swarna Spice Ltd website, trading as Praveen Kumar www.praveenkumar.com. By accessing this Website and/or placing an order for any of our products (“Products”) you agree to be bound by these Terms. Please read them carefully.
Certain areas of this Website are only open to you if you register, but using this Website indicates that you accept these terms regardless of whether or not you choose to register. If you do not agree to be bound by these Terms you may not use or access this Website.
This Website is owned and operated by Swarna Spice Limited; a company registered in Scotland whose registered office is at Unit 1&2. Food and Drinks Park, 1 Islay Place Perth PH1 3FU Scotland with Company Registration No. SC589856. The company will be referred to as (“We” or “Us”) throughout the Terms.
1. Our contract with you
- How we will accept your order: Acceptance of your order will take place once we have received full and clear confirmation of your payment, at which point a contract will come into existence between yourself and us.
- If we are unable to accept your order, we will inform you of this and you will not be charged for the Product. This may occur for several reasons, including the Product currently being out of stock; because of unexpected limits on our resources; or because we are unable to meet the delivery deadline you have selected.
- We only sell products to the UK mainland and our website is solely for the promotion of our Products in the UK mainland. Unfortunately, we do not accept orders from or deliver to, addresses outside the UK mainland.
2. Our Products
- Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the content, size or colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from any portrayed images.
- Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.
3. Your right to make changes
- If you wish to amend your Product order please contact us by 10am on the day of dispatch and we will let you know if this is possible. If it is possible to amend the order, we will let you know about any changes to the price of the product, the timing of delivery, or anything else which would be required as a result of your requested change. We will then ask you to confirm whether you wish to go ahead with the amended order. If we cannot make the requested amendment or the consequences of making any amendments are unacceptable to you, you may wish to end the contract. (see Clause 7 – Your rights to end the contract).
4. Minor changes to the Products:
- Minor changes to the Products: We may change the Product to reflect changes to relevant laws and any regulatory requirements from time to time, as and when required.
5. Providing the Products
- Delivery costs: The costs of delivery will be as displayed to you on our website at the time of purchasing.
- Delivery of Products: During the order process we will let you know the estimated timing of delivery. If the Products are one-off goods, we will deliver this to you on an agreed day of the week. Your order should arrive with you by 8 pm on the day following dispatch, however; you should note point 5.3.
- We are not responsible for any delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know, and we will endeavour to take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to discuss this further and if you wish to end the contract. If the contract is ended you will receive a refund for any Products you have paid for but not received.
- If you are not at home when the Product is delivered: If no one is available at your address to take delivery, we will attempt to leave the Products with a neighbour. If this is not possible, we will leave the Products on your doorstep (or any other safe place as indicated by you) and leave you a note informing you of where we have left the Products.
- Quality on delivery: The Products contain perishable frozen food. We have packaged the Products to remain frozen throughout the delivery process. The Products should remain frozen in their original packaging until the evening of the day of delivery. We make no guarantees regarding the quality of the frozen foods once the Product has been delivered. Minor defrosting is to be expected, however, if you are unhappy with the level of defrosting of your Products upon delivery, you must take a photo of the goods as soon as you notice their condition and send the photo to us. Products that have become unfrozen can still be used for up to 48 hours after delivery. They should not be refrozen.
- Your legal rights if we deliver goods late: If we miss the delivery deadline for any goods then you may treat the contract as at an end immediately if any of the following apply:
- we have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Please contact us to discuss the contract in the eventuality that the delivery deadline has been missed.
- When you become responsible for the goods: The Products will be your responsibility from the time we deliver the Product, either to the address you gave us, to a neighbour, or any other safe place you informed us of in accordance with Clause 5.4.
- Ownership of goods: You will take ownership of the Product once we have received payment in full and the Product has been delivered in accordance with Clause 5.4.
- Reasons we may suspend the supply of Products to you: We may have to suspend the supply of a Product in order to:
- deal with technical problems or make minor technical changes;
- update the Product to reflect any changes to relevant laws and any regulatory requirements; or
- make changes to the Product as requested by you or as notified by us to you (see Clause 3 and Clause 4).
- Your rights if we end the supply of Products: We will contact you in advance to tell you we will be suspending the supply of the Product unless the problem is urgent or as the result of an emergency. You may contact us to end the contract in accordance with Clause 6.
- We may also suspend the supply of the Products if you do not make full payment. We will not supply the Products to you until we have received payment in full. We will make attempts to take payment and subsequently deliver the Products to you until and unless you cancel the order with us.
6. Your right to end the contract
- You can end your contract with us at any time. It will not be possible for you to receive a refund for Products once they have been processed and packed for delivery. This is because the Products are perishable and can therefore not be resold after this point.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013): For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, please note that there is an exception to these rights where the goods sold are perishable, as is the case with these goods.
- When you don’t have the right to change your mind: You do not have a right to change your mind in respect of our food Products once they have been processed and packed for delivery.
- How long do I have to change my mind? You can change your mind any time up until we have processed and packed your goods for delivery.
7. How to cancel an order? (including if you have changed your mind)
- Please let us know if you would like to cancel the order with us. To do so, please let us know by doing one of the following:
- Email customer services at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Phone: You can call us on 01738 505111
- How we will refund you: If we ever need to provide you with a refund, we will make the refund by the initial method you used for payment.
8. Our rights to end the contract
- We reserve the right to end the contract if you breach any clause within these Terms. We may end the contract for a Product at any time by writing to you if:
- you do not make any payment to us when it is due and on any subsequent attempts by us to take payment;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products, for example, your address.
- You must compensate us if you breach the contract. If we end the contract in any of the situations set out above in Clause 8.1 we will refund any money you may have paid in advance for Products which have not yet been delivered. However, we reserve the right to deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract.
- We may withdraw the Product. We may write to you to let you know that we are going to stop providing the Product. We will let you know in advance if we cease to supply the Product and will refund any sums you have paid in advance for Products that have not been delivered.
9. If there is a problem with the product
- How to tell us about any issues with your Product: If you have any questions or complaints about the Product, then please do not hesitate to contact us. You can write to our customer service team at Unit 1&2. Food and Drinks Park,1 Islay Place Perth PH13FU Scotland, or alternatively you may email us at email@example.com.
10. Price and Payment
- Where to find the price for the Product: The price of the Product (inclusive of VAT – where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However, please see Clause 10.3 for information in the event that we discover an error in the price of the Product you order.
- We will contact you in the event that there are any changes in the rate of VAT payable. If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
- What happens if the initial price was incorrect: It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check all pricing before accepting your order. Where the Product’s correct price on the date that you ordered the Product is actually less than any price stated, we would charge you the lower amount. If the Product’s correct price at your order date is actually higher than the price stated to you, we will contact you for your instructions before we accept your order.
- We accept payment with all major credit and debit cards.
- You must make full payment for the Products before we dispatch them. We will charge your credit or debit card at the point we process the Products for dispatch to you.
11. Our responsibility for loss or damage suffered by you.
- 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 breaching 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 you and we knew it may occur.
- 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 subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match the 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; and supplied with reasonable skill and care, and for defective Products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the Products for domestic and private use otherwise we agreed to supply for business use and please refer business to the business team and conditions. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
- How we will use your personal information: We will use the personal information you provide to us:
- to supply the Products to you;
- to process your payment for the Products; and
- if you agreed to this during the order process, to give you information about similar Products that we (Swarna Spice Ltd) provide, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
13. Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within one month of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings: These terms are governed by Scottish law and you can bring legal proceedings in respect of the Products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the Products via the English or Scottish court systems. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or Scottish courts.