These terms and conditions, read together with our Privacy Policy apply to your usage and purchase of products from our website kamdhenumart.uk. Please read these terms and conditions carefully in their entirety, before you use the website or order any product through it.

If you do not accept these terms and conditions, you should neither use the website, nor order any product through it.

I. Definitions

  1. Consumer: A person buying our products for personal use and not for any business purpose
  2. Perishable: any product which has a “use by”, “best before” or “BBE” date stamped on the product which expires 6 weeks or less from the date of delivery.

II. Terms of Use

1. Personal Details

You may refer to our Privacy Policy to what personal details we collect from you and how we protect and use the same. You agree that any personal information you provide to us, whether through the website or otherwise, will be accurate and up to date.

2. Access

You may access most areas of our website without registering your details with us. However, you shall need to register for an account in order to place an order. You are responsible for making all necessary arrangements to access our website. We grant you access to our website on a non-permanent basis. We may change the arrangements for access to, deny access to, close or suspend our website partially or completely, or any of the products and/or services offered on our website, at any time, for any period of time, and for any reason without informing you beforehand and without any liability towards you.

We do not guarantee uninterrupted and/or reliable access to our website and make no guarantees as to its operation, functionality or otherwise.

3. Protection of Content

Please ensure confidentiality of your user name, password and any other information relevant to your access to our website and/or the creation of an account. You must not share this information with anyone (except where you have registered on behalf of somebody else in which case you may disclose the information to them only). We are either the owner or the licensee of all intellectual property rights and data on our website and in material published on it, including the “look and feel”. These rights are protected legally around the globe.

4. Accuracy

The information contained on our website has been published in good faith and we do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out-of-date due to human error and/or circumstances beyond our control. Our Terms and Conditions of Sale explain your rights in relation to any price changes or errors on our website or any product which you have received that do not match the description on our website.

Where product information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected product(s), or if your order has already been accepted, not to supply the affected product(s) to you. We shall notify you if this is the case and shall not charge you for the product.

Any review and/or opinion present on our website are for information only and should not be construed as recommendation or advice.

5. Usage

A. Permissible Usage

You may:

  • use our website only for lawful purposes and in accordance with these Terms of Use;
  • print or download/save a copy of any page of our website for your personal reference;
  • download/save (and print, if required) any information we expressly make available for download on our website, a reasonable number of times for your personal reference.

B. Non-permissible Usage

You must not:

  • copy, scrape, distribute, reproduce or modify any material printed or downloaded from our website;
  • use any illustrations, photographs, video or audio sequences or any graphics from our website separately from any accompanying text, or remove any indications of ownership – where there is no indication of ownership you must acknowledge us (and any identified contributor) as the author of the content;
  • post or publish any copy of content which originates from our website on any networked computer, or make any statement or undertake any action which could result in liability for us;
  • use our website to carry out or assist any unlawful or criminal activity;
  • use our website to receive, access or transmit material which is defamatory, obscene, offensive or sexually explicit or which contains or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • use our website in any way that infringes any third party’s intellectual property rights or data protection or privacy rights and or breaches any contractual duty or duty of confidence;
  • use our website to threaten or harass or cause annoyance to or inconvenience or needless anxiety or upset or harm or embarrass any person;
  • use our website to impersonate any person, or to mis-represent your identity or affiliation with any person;
  • use the whole or part of our website or its content for any commercial or money-making purpose without having our written consent to do so beforehand;
  • access parts of our website that are not intended for public or your use;
  • access or monitor our website or any of its content other than using the website’s navigational structure or for any purpose other than expressly permitted in our Terms of Use;
  • do anything which places an unreasonably large load on our website and/or its supporting computer systems;
  • attempt to disrupt or interfere with our website in any way or with another person’s use of our website, or use our website as a means of disrupting or interfering with other websites;
  • probe, scan or test the vulnerability of our website or any network connected to it;
  • wilfully corrupt any data, documents or material available on our website or insert or knowingly or recklessly transmit or distribute a virus into our network and computer systems so as to cause harm to our website, us or other users or which is likely to bring our website or us into disrepute;
  • reproduce, duplicate, copy scrape, or re-sell any part of our website in contravention of the provisions of these Terms of Use;
  • access without authority, interfere with, damage or disrupt any equipment, network or software on which our website is stored or which is used or owned by our website or that of a third party; or
  • assist, encourage or permit any other person to do any of the acts described above.

All the above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worm, trojan, virus, malware, unauthorised, malicious or harmful code or other harmful software. Some of the acts described above may be considered to be criminal acts under the Computer Misuse Act 1990.

6. Computer Viruses

We will try to ensure that our website is free of viruses. However, due to the inherent risks associated with using the Internet we cannot guarantee that it is. It is your responsibility to protect your computer against viruses and ensure that you log off after using our website.

7. Breach of Terms of Use

If we feel that you have breached these Terms of Use, we may take such action as we consider appropriate in the circumstances, including, but not limited to all or any of the following actions:

  • close our website;
  • temporarily or permanently prevent you from using our website;
  • issue a warning to you;
  • initiate legal proceedings against you (and may seek reimbursement of all costs, if any and all losses, damages, liabilities, expenses and costs incurred by us as a result of your breach of this policy on an indemnity (pound for pound) basis;
  • require that you return or destroy copies of materials you have made in breach of our Terms of Use;
  • disclose such information to law enforcement authorities as we feel is necessary.

8. Linking To and From Our Website

A. Linking To Our Website

  • You may create links to our website, provided that you:
  • only create links from websites owned by you;
  • create the link in a way that is fair and legal and does not damage our reputation or take advantage of it;
  • do not suggest any form of association, approval or endorsement on our part where none exists, or which implies that any of the content of our website is your own or licensed to you, or which otherwise amounts to framing.

We reserve the right to withdraw linking permission at any time without notice and to employ such measures as are necessary to remove any linking or framing to our website.

B. Linking From Our Website

Our website may from time to time contain details of products or services or websites of advertisers, affiliates and others we feel may be of interest to you. Such details are provided for your convenience only and are not endorsed by us.

Such products or services or websites are not under our control and we are not responsible for their content and/or quality. If you have any query about such products or services or websites, you should contact the operators directly. We recommend that you always check the concerned website and/or service provider’s terms and conditions before you use them.

III. Terms and Conditions of Sale

1. Geographical Area

  1. Our website is intended for use by consumers resident in England, Guernsey, Isle of Man, Jersey, Scotland and Wales. We are unable to accept orders from persons resident in any other country. We reserve the right to reject or cancel your order if we reasonably think that you are buying our products for business purposes.

2. Personal Details

  1. You will need to register with us to order our products. You will also need to enter certain details during the checkout process.
  2. You will be asked to enter information such as your name, age, address and telephone number. You are responsible for ensuring that all of the information you provide to us is true and accurate.
  3. To ensure that your credit, debit or charge card is not being used without your consent and to verify that you are over 18 years of age (see our “Age Restrictions” section below) we may carry out certain identity, credit and fraud checks, including validating the name, age and address and other personal information that you give to us during the registration and checkout processes/stages. We may use certain third party databases to do so. We reserve the right to change our checks from time to time.
  4. If any problem arises from these checks, we shall attempt to contact you (using the contact details you have provided), to discuss this and request additional details, ,e.g. proof of age, identity or other information to be sent to us via e-mail (e.g. photo ID such as a driving licence or passport). We reserve the right to reject or cancel an order at our discretion at any time if we consider that our checks have not been satisfied in full.
  5. We think it is important that you know exactly what personal details we collect from you and how we look after and use them. This issue is very important to us, so we have set out full details in our privacy policy.
  6. You are responsible for maintaining the confidentiality of your username, password and any other information relevant to your access to our website.

3. Age Restriction

  1. We shall not sell products to persons under the age of 18 years.
  2. We are an ethical retailer and are committed to upholding both our legal and social obligations as a retailer of products. To achieve this position, we have a number of control checks throughout our purchase and delivery process, e.g. we may ask you to confirm your date of birth when you place an order with us, verify who you say you are through personal identity checks and we will only deliver to somebody who is, in our reasonable opinion, aged 18 years or over. Accordingly, when delivering products, if the person accepting the delivery appears to be under the age of 25 years, we shall request a photo ID (such as a driving licence or passport) to prove that they are over the age of 18 years.
  3. We follow a “Challenge 25” policy for the purchase of alcohol and other age restricted products such as knives, DVDs and aerosols. Accordingly, when delivering age restricted products, if the person accepting your delivery appears to be under the age of 25 years, we shall request a photo ID (such as a driving licence or passport) to prove that they are over the age of 18 years and can lawfully purchase such products.
  4. It is your responsibility to ensure that the person accepting delivery is over 18 years and can demonstrate this to us if challenged. If we are not satisfied that the person accepting delivery is over the age of 18 years, then we may not hand over your delivery. At our discretion, we may remove the age restricted products and hand over the remainder of your delivery.

4. Status

  1. By placing an order with us, you confirm that:
    1. You are a consumer and are not purchasing our products for any business purposes;
    2. You are at least 18 years old; and
    3. You are a resident of the geographical area that we serve.

5. Contract

A. Formation

  1. The technical steps required to create a contract between you and us for the delivery of products are as follows:
    1. You must select the products you wish to order and then proceed to checkout.
    2. You will be guided through the checkout process by a series of instructions. If you want to correct any error you have made, you can use the website and/or browser’s functionality to go back and remove individual products from your order or empty your trolley and start again.
    3. You place an order on our website by clicking the “Purchase” button at the end of the checkout process.
    4. We shall send you an automated message which will be shown to you on our website immediately after you have placed your order. This is not an acceptance of your order because we will have to carry out stock and identity checks first.
    5. We shall then send you a confirmation e-mail to confirm that your order is being processed by us. This is also not an acceptance of your order.
    6. Finally, we shall send you an e-mail receipt for your order confirming the products for delivery, including any substitutes. At this point, we have accepted your order and a binding contract is formed between you and us.
  2. The contract will be concluded in English.
  3. The details of your contract will be held by us. If you require any information about orders you have placed with us, you can either log-in to your account or contact Customer Services.

B. Amending

  1. You may amend or cancel your order at any time before your order is picked for shipping.
  2. Orders are usually picked for shipping the next working day after you have placed your order.
  3. Please see our “Cancellation, Refunds and Returns” section for further information about cancelling your order after this cut-off time.
  4. Any items added before this cut-off time will automatically form part of your order.

6. Delivery

  1. We shall deliver to the address specified by you when you register with us. If you need to change your delivery address, you can do so at any time through your Account settings feature on our website. You must do so if you move home so that we can deliver to the correct address. We may restrict deliveries in certain areas or remove certain areas from our delivery schedule altogether but we shall always make this clear to you during our checkout process. Any restriction on deliveries of this type will not affect any existing orders.
  2. It is your responsibility to ensure that someone is available at your delivery address to receive the delivery. We may require someone to sign for your order on delivery. That person must also satisfy all of our proof of age requirements (see our “Age Restrictions” section above).
  3. We may request that the person taking delivery of your order provides us with identification to help us confirm they have your authorisation to accept delivery of your order. This may include asking to see an item of your photographic identification (such as a passport or driving licence) and/or the bank card which was used to make payment.
  4. If nobody is at home when we attempt delivery, or the person at home is unable to satisfy our identification requirements or age requirements, we shall try to contact you to rearrange the delivery.
  5. For reasons of security and food safety, we shall not leave your order unattended at your address. We shall not normally agree to leave your order with anyone at another address (for example, a neighbour). If we do agree to do so in exceptional cases, this is done at your own risk and we shall not be responsible for any loss you may incur as a result, for example, theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
  6. If your order is returned because of something within your control (e.g., if there is nobody at your delivery address to receive the order, or if the person there cannot satisfy our proof of age requirements) we are entitled to charge you for the delivery charge for that returned delivery and the price of the perishable items contained in it.
  7. If you provide us with an incorrect delivery address and your order is signed for by someone else we shall not be responsible for any loss you may incur as a result, e.g. theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
  8. Deliveries are limited to 1 delivery per day per account.
  9. Products are sold by us subject to availability and prevailing market conditions. We may limit the quantities of products (particularly those on special offer) delivered to any one customer if in our opinion the quantity ordered may jeopardise availability for other customers. If we do so, or if products you order are not available to us, we may offer a reasonable substitute. We shall identify each substitute item to you on delivery and give you the opportunity to accept or reject each one at that time. If you reject a substitute we shall not charge you for it and will return it at our own cost. If you accept a substitute this may affect the price you pay for your order. (See our “Prices” section).
  10. You should check your order in full promptly on delivery. If your delivery is incomplete or includes products that you have not ordered, you must notify Customer Services promptly. We shall not charge you for any product that you have not received or that you did not order except accepted substitutes.

7. Prices and Product Information

  1. All of our product prices are inclusive of VAT.
  2. The price of the products and our delivery charges will normally be as quoted on our website as at the time you use them. There are some exceptions to this position however, as set out below.
  3. If your delivery is subject to a delivery charge, it will be shown to you as a separate charge on our delivery booking page before you confirm your order. Our delivery charges may be dependent upon a variety of factors including the value of your order, the total weight of the products included in your order, the date and time of your delivery and your delivery address, and may vary from time to time.
  4. We stock a large number of products and it is possible that, despite our best efforts, some of the products listed on our website may be priced incorrectly. If a product’s correct price is less than our stated price, we shall charge the lower amount. If a product’s correct price is higher than our stated price, we shall notify you before we deliver that product to you. You can choose whether you want to accept or reject the relevant product. If you reject the product we shall not charge you for it and shall refund any amount that may already have been charged.

8. Order Amendments

If you amend your order after placing it with us, you will be charged as follows:

  1. If you add a new product which was not in your original order, we shall charge the price in force for that product at the time you amend your order.
  2. If you add more of a product that was in your original order, we shall charge the price in force for that product at the time you amend your order.
  3. Any discount, offer or voucher which may have been applied when you placed your original order, may have expired and in that case will no longer apply if you make any amendment to your order.

9. Substitute Products

  1. If you accept a substitute product that we offer in place of a product ordered by you, we shall charge you the price applicable at the time we pick your order.

10. Minimum Order Value

  1. We usually require your total order (including any amendments) to equal or exceed £25, excluding delivery charges. Otherwise we may not accept your order, or cancel your order.

11 Product Information

  1. The product information contained on our website has been published in good faith and we shall do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected products, or if your order has already been accepted, not to supply the affected products to you. We shall notify you if this is the case and shall not charge you and/or shall refund any sum already charged/paid.
  2. Colours and appearances of products on computer, tablet or mobile device screens may vary slightly and may not accurately reflect actual products delivered. Product specifications may change from time to time which means that, if the specification has changed in the meantime, the information displayed on our website when you place an order may not reflect the product you receive. If you think that the product you have received does not match its description, then you can reject it in accordance with our Cancellation, Returns and Refunds policy.

12. Payments

  1. All payments will be taken at the time of placing the order. Payment for all products must be by credit, debit or charge card. We also accept payment using vouchers that we make available to you electronically for use on our website. We do not accept any other form of payment.

13. Discounts and Offers

  1. We may offer discounts and offers from time-to-time at our sole discretion, e.g. “Buy One Get One Free” offers or special deals. All discounts and offers are subject to the relevant products being available to us and in stock when we pick your order for delivery. We reserve the right to amend or terminate any discount or offer at any time without notice (but this will not affect any orders that we have already accepted, as set out in theses Terms and Conditions.
  2. Discounts and Offers will normally be made in the form of codes to be used against your order with us. Only one code can be used per order, and cannot be used in conjunction with any other discount or offer. All such codes are case sensitive.
  3. We shall always stipulate an expiry date for a discount or offer, which may be linked to the date of acceptance or delivery of an order. In such cases, to qualify your order must be accepted before the relevant expiry date.

14. Cancellation, Refunds, and Returns Policy

A. Cancellation

i. Changing Your Mind
  1. You may amend or cancel your order before the cut-off time stated as part of these Terms and Conditions.
  2. You may not cancel your order of perishable products after this cut-off time except where you reject them for being defective, unwanted substitutes or we have made a pricing error. Should you wish to cancel your whole order after this cut-off time, we shall charge you for the full price of the perishable products contained in your order.
  3. If you want to cancel your order of non-perishable products, in whole or in part, after this cut-off time, you must notify Customer Services in writing within 14 days from the day after your order has been delivered, as instructed by you.
  4. If you have not yet paid for such cancelled non-perishable products, then we shall not charge you for these. If we have taken payment for it, we shall provide a full refund of the price you paid for the cancelled products and any applicable standard delivery charges. We shall process the refund due to you within 14 days from the date we receive the returned non-perishable goods or from the date you provide us with proof that the non-perishable products have been returned to us (whichever is earlier).
ii. Defective Products
  1. We are under a legal duty to supply products that are in conformity with this contract and each product is sold subject to its product description which can be found on the relevant page for that product.
  2. If you think that any product you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then in the first instance please contact Customer Services who will do their best to assist you. We reserve the right to ask you to send us reasonable evidence of any product affected by such issues.
  3. We shall refund to you the cost of any product affected by such issues. To receive a refund of an affected perishable product, you must notify us of any such issues before the expiry of the “use by”, “best before” or “BBE” date stamped on the product.
  4. The guarantees provided above are in addition to your legal rights in relation to products that are defective, faulty or not as described. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards office.
  5. Where we provide you with a refund, we shall usually refund any money received from you using the same method originally used by you to pay for your purchase.

B. Returns

i. Changing Your Mind
  1. You must return any cancelled product to us as soon as reasonably practicable and, in any event, within 14 days of notifying us of the cancellation. In these circumstances, you must pay the costs of returning the cancelled products to us.
ii. Defective
  1. To return defective products to us, please contact Customer Services who may at our discretion arrange for one of our couriers to come and collect the products from you. If you return a defective product to us, any refund we make will include your reasonable cost of returning the defective goods to us (not exceeding the amount that we would have incurred, had we completed the same action).
  2. You are under a legal obligation to take reasonable care of the products to be returned whilst they are in your possession. If you fail to do so, we may have a right of action against you for compensation or to reduce the amount of any refund to you. Where possible, we ask that you please return the products in their original packaging. Where this is not possible, please ensure that the products are packaged securely to help ensure that they reach us safely and in good condition.

15. Liability

  1. If we fail to comply with these Terms and Conditions, we shall only be liable to you for the purchase price of the products and other losses that you suffer as a result of our failure to comply which are a foreseeable consequence of such failure.
  2. Nothing in these terms and conditions excludes or limits our liability for:
    1. Death or personal injury caused by our negligence;
    2. Fraud or fraudulent mis-representation caused by your negligence;
    3. Liability which may not be limited or excluded by section 31 (1) Consumer Rights Act 2015;
    4. Defective products under the Consumer Protection Act 1987; or
    5. Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
  3. We only supply the products for domestic and private use. 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.

IV. General/Common Provisions

1. Force Majure

  1. Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are beyond your or our reasonable control (as applicable).

2. Rights and Obligations

  1. Nothing under the contract shall give rights to any person who is not a party to it (whether under the Contracts (Rights of Third Parties) Act 1999) or otherwise.

3. Revision and Updates

  1. We may revise our Terms of Use from time to time. You should regularly check for changes we make to these Terms of Use. If you do not agree with them, you should stop using our website.

4. Legal Jurisdiction

  1. All aspects of the contract formed between us shall be governed by English Law and bound by the jurisdiction of the English courts. In some circumstances the laws belonging to where you are domiciled may apply and the courts where you are domiciled may have jurisdiction.

5. About Us

  1. kamdhenumart.uk is operated by Sabaratnam Kugananthan.
  2. You may contact us as follows:
    1. By Post:
      • kamdhenumart.uk
        c/o Jaffna Stores
        181 Cambridge Street
        Aylesbury HP20 1BQ.
    2. By E-mail:
      • help@kamdhenumart.uk
    3. By Phone:
      • 01296 790171