TERMS AND CONDITIONS OF SALE
1. OUR CONTRACT WITH YOU
This terms and conditions (Terms) set out the terms and conditions upon which we (Maha Impex PVT LTD) shall supply goods to you, the customer (Customer).
These Terms apply to all the goods listed on our website, https://www.mahacart.co.uk/. Please read them carefully before you submit your order to us. By placing an order on our website, and entering a contract, you agree that you shall be bound by these Terms.
https://www.mahacart.co.uk/ is a site operated by Maha Impex PVT LTD which is a company registered in United Kingdom. These Terms tell you who we are, how we will provide the products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
We process details of your order and in accordance with these Terms. We will send you details of your order and reference these Terms via email after you have placed an order and we have accepted the order. We will assign an order number to you and inform you of this number upon the confirmation of your order. It will help us if you can reference this number whenever you contact us about your order.
Nothing on our website is intended to constitute a contractual offer to you. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending of a dispatch email to you, indicating that your order has been fulfilled and is on its way to you.
2. CUSTOMER REQUIREMENTS
Individuals under the age of 18 may use this website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
These Terms only applicable to consumers and do not apply to business customers. If you are a business customer, please contact us via the website.
If goods are being ordered from outside of the UK, import duties and taxes may be incurred before your goods reach you. We are not responsible for these charges and we shall not make any calculations or estimates in this regard, which you agree to carry out/be responsible for. We recommend that you contact your local customs authorities for further details on costs and procedures. As the purchaser of the goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported. Please also be aware that goods may be inspected on arrival at port for customs purposes and Red Rickshaw cannot guarantee that the packaging of your goods will be free from signs of tampering.
3. INTELLECTUAL PROPERTY
Subject to the paragraph below dealing with third party intellectual property rights, all content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the exclusive property of Maha Impex PVT LTD, our affiliates or other relevant third parties. You may not reproduce, copy, distribute, store , download or in any other fashion reuse material from the website unless otherwise indicated on the website or unless we have given you permission to do so.
Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks, moral rights, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. You may not reproduce, copy, distribute, store or in any other fashion reuse such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.
4. LINKS TO OTHER WEBSITES
This website may contain links to other sites. Unless expressly stated, these sites are not under our or our affiliate’s control. 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.
5. COMMUNICATION TOOLS
In order to purchase goods on this website and to use the similar facilities you are required to create an account which will contain certain personal details and payment Information which may vary based upon your use of the website and we may not require payment information until you wish to make a purchase. By registering an account for this service you represent and warrant that i. all information you submit is accurate and true, ii. you have permission to submit payment Information where permission may be required and iii. you will keep this information accurate and up-to-date.
Your creation of an account is further affirmation of your representation and warranty. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.
Your email address is essential in order 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 not share your account details with anyone particularly your username and password. We accept no liability for any losses or damages incurred because of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser and it is your responsibility to keep your password secure. If you have reason to believe that your account details have been obtained by another without consent, you should contact us immediately to suspend your account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled up until the point that they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Red Rickshaw accepts no liability or responsibility and you should make contact with the carrier detailed in the purchase Information.
7. TERMINATION AND CANCELLATION
We reserve the right to Decline a new customer registration or suspend or terminate a customer’s account at any time and at our sole discretion and/ or terminate your access to all or part of this service with or without notice.
Either we or you may terminate your account. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons. If we terminate your account, any current or pending purchases on your account will be cancelled and will not be dispatched. 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. If you terminate your account, any non-dispatched purchases will be cancelled, and you will be refunded any monies paid in relation to those purchases.
8. GOODS, PRICING, AVAILABILITY
Whilst every effort has been made to ensure that all graphical representations and descriptions of goods available from us 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.
All pricing information on the website is correct at the time of going online, however prices at the time of ordering are guide prices. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly. Our site contains many goods, and it is always possible that, despite our best efforts, some of the goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you.
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 the seller shall be subject to correction without any liability on the part of the seller. No statement, description, warranty condition or recommendation contained in the website, price list, advertisement, communication or made verbally by any of the agents or employees of the seller 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. We provide no warranty or guarantee that the goods you wish to purchase will be available. Stock indications are not provided on the website.
In the event that prices are changed during the period between an order being placed for goods and Red Rickshaw processing that order and taking payment, you will be contacted 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 VAT and reflect the current rate.
Delivery will be made to the address specified by the customer when completing the online order form. The costs of delivery will be as displayed to you on our website.
We will notify you by way of email when your goods are to be dispatched to you. Your order will be fulfilled by the delivery date set out in the dispatch confirmation email or, if no delivery date is specified, then within a reasonable time of the date of the dispatch confirmation, unless there are exceptional circumstances. We will deliver the products ordered to the delivery address supplied by you.
10. RETURNS AND CANCELLATION POLICY
We aim to always provide quality goods. On occasion however, goods may need to be returned. If you receive goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 24 hours to arrange collection and return. We are not responsible for paying shipment costs for postal deliveries. You will be given the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the goods. Refunds and replacements will be issued upon our receipt of the returned goods.
If any perishable goods you have purchased have faults when they are delivered to you, you should contact us within 12 hours to arrange collection and return. Goods must be returned in their original condition with all packaging. Upon receipt of the returned goods, the price of the goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the goods. Under the Consumer Rights Act 2015, perishable goods are not entitled to the statutory 30-day right to reject. The time limit of such goods is limited in instances where the goods are perishable and is therefore determined by how long it is reasonable to have expected the goods to last, for example ‘use by date’. This example is not limited.
If the goods you ordered are not perishable, here is a summary of your key legal rights for faulty goods in accordance with the Consumer Rights Act 2015. From the date of purchase of your goods your legal rights entitle you to the following:
i. up to 30 days after: if your goods are faulty, then you can get an immediate refund.
ii. up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
iii. up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to us within 24 hours and arrange collection and return. Upon receipt of the returned goods, the price of the goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the goods.
if the goods have been dispatched or delivered, but you have changed your mind, please give written notice of your wish to return the goods to us within 14 working days of receipt. You will not be entitled to this cancellation period should the item be something that deteriorates quickly, has a limited expiration date or is frozen food. These non-refundable goods are defined under the term “perishable food and drink.” For health and hygiene reasons the following items sealed for protection reasons will be deemed as used if unwrapped: Personal grooming products e.g. hair accessories and styling products, shavers, waxing kits, electric toothbrushes etc, and will therefore be unable to be returned if not in their original unused condition. Cancellation will be accepted only upon customers’ written consent. We would request you to send the products back to our warehouse as soon as you can after the cancellation. The consumer has a duty of care for the products during the cancellation period. You are responsible for paying shipment costs if goods are returned for this reason.
If you change your mind, goods that are not regarded as perishable and are not faulty should be returned in a re-saleable condition in their original packaging within the appropriate 14 days.
If you wish to return goods to us for any of the above reasons, please write to us at firstname.lastname@example.org
To the extent permitted by law we reserve the right to exercise discretion with respect to any returns under Terms.11. PRIVACY
We make no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our services. No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or acting or inaction of any kind.
13. CHANGES TO THE TERMS
We reserve the right to change the website, its content, or these Terms at any time without notice to you.
14. WEBSITE AVAILABILITY
This website service is provided on an “as is” basis. We give no warranty that the service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. We accept no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
15. 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.
16. EVENTS OUTSIDE OF OUR CONTROL
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), strikes, lock-outs or other industrial action, pandemics, 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, and 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 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 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 and shall not affect the validity and enforceability of the remaining terms.
No delay in our exercise any right or remedy contained herein, this shall be construed as a waiver of that right or remedy.
18. ORDER OF TERMS
In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
All notices / communications must be sent to us either by post to our premises (see address above) or by email to email@example.com. Such notice will be deemed received on the day of sending if the email is sent on a business day and on the next business day if the email is sent on a weekend or public holiday.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision will to that extent be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
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.
We aim to resolve any complaints you may have within a timescale of fourteen working days where possible. If you have a complaint or wish to contact us, please email us at firstname.lastname@example.org
22. GOVERNING LAW AND JURISDICTION
The English courts will have exclusive jurisdiction over any claim arising from or related to these Terms and English law shall govern the interpretation of these Terms.