Terms and Conditions

These terms and conditions form the basis on which you can visit us and use our website and online store. Please read them carefully as they contain important information about your legal rights and responsibilities.

Overview

Welcome to Ganesha Wholefoods! The terms "we", "us" and "our" refer to Ganesha Wholefoods Ltd. Ganesha Wholefoods operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Our online store is powered by Shopify, which enables us to provide the Services to you.

This site is owned and operated by Ganesha Wholefoods Ltd, Ganesha Wholefoods, South Street, Axminster, Devon, EX13 5AD. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at info@ganeshawholefoods.co.uk or 01297 33957.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or Privacy Policy, you should not use or access our Services.

1. Access and Account

By agreeing to these Terms and Conditions, you confirm that you are of legal age to form a binding contract and that all information you provide is accurate, current and complete.

To use the Services, including accessing or browsing our online store or purchasing products, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign or licence your account to any other person.

2. Our Products

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and its settings and configuration.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction on a case-by-case basis. Any weights, dimensions and capacities given about goods are approximate only.

3. The Contract Between Us

When you place an order, you are making an offer to purchase. We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was placed.

4. Acknowledgement of Your Order

To enable us to process your order, you will need to provide us with your email address. We will notify you by email as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.

5. Ownership of Rights

All rights, including copyright, in this website are owned by or licensed to Ganesha Wholefoods. Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are protected by copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. Any use of this website or its contents, including copying or storing it in whole or in part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute, reproduce or repost anything on this website for any purpose.

Ganesha Wholefoods's names, logos, product and service names, designs and slogans are trademarks of Ganesha Wholefoods or its affiliates or licensors. You must not use such trademarks without our prior written permission.

6. Accuracy of Content

We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

7. Damage to Your Computer

We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.

8. Availability

All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by email or phone. You will have the option either to wait until the item is available from stock or to cancel your order.

9. Ordering Errors

You are able to correct errors on your order up to the point on which you click on "submit" during the ordering process.

10. Price and Billing

The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information. Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email and offer to sell you the goods at the price stated in the email, along with the period for which the offer or price remains valid.

You agree to provide current, complete and accurate purchase and payment information for all purchases made through our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

11. Payment Terms

We will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.

12. Delivery Charges

Delivery charges vary according to the type of goods ordered and are set out on our website.

13. Delivery

13.1 Our delivery charges are set out on our website.

13.2 Please note that we are only able to deliver to addresses within the United Kingdom, but excluding the Isle of Wight, the Isle of Man, the Scottish Isles, parts of Scotland, Northern Ireland and the Channel Isles.

13.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).

13.4 We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. All delivery times are estimates only and we are not responsible for delays caused by delivery carriers or events outside our control. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.

13.5 Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

14. Risk and Ownership

Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.

15. Cancellation Rights

15.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of goods mentioned in 15.3 below). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

15.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.

15.3 You cannot cancel your contract if the goods you have ordered are made to your specifications or are clearly personalised, if they are newspapers or magazines, or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.

15.4 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send them back to us at our contact address at your own cost and risk as soon as possible.

15.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

15.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation).

16. Cancellation by Us

16.1 We reserve the right not to process your order if:

16.1.1 We have insufficient stock to deliver the goods you have ordered;

16.1.2 We do not deliver to your area; or

16.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

16.2 If we do not process your order for the above reasons, we will notify you by email and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible, but in any event within 14 days.

17. If There Is a Problem with the Goods

17.1 If you have any questions or complaints about the goods please contact us at Ganesha Wholefoods, South Street, Axminster, Devon, EX13 5AD, telephone 01297 33957 or email info@ganeshawholefoods.co.uk.

17.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

17.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) allow us to collect them from you.

18. Liability

18.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 13), we will provide you with a full refund.

18.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.

18.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.

18.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

18.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.

19. Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable regulations, rules, laws or local ordinances;

(d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or any other person;

(e) to transmit false or misleading information;

(f) to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam or any other similar solicitation;

(g) to impersonate or attempt to impersonate any other person or entity; or

(h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Ganesha Wholefoods or users of the Services, or expose them to liability.

In addition, you agree not to: upload or transmit viruses or any other type of malicious code; reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; collect or track the personal information of others; spam, phish, pharm, pretext, spider, crawl or scrape; or interfere with or circumvent the security features of the Services or any related website. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

20. Optional Third-Party Tools

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of optional tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

21. Third-Party Links

Our Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources or content on any third-party websites.

22. Our Relationship with Shopify

Our online store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Ganesha Wholefoods. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Ganesha Wholefoods, including any injury, damage or loss resulting from purchased products and services.

23. Feedback and Reviews

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals or plans (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or in violation of these Terms.

You are solely responsible for any Feedback you make and its accuracy. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.

24. Privacy and Data

All personal information we collect through the Services is subject to our Privacy Policy. We will only use your personal information as set out in our privacy policy. Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information about your access to and use of the Services. Information you submit to the Services may be transmitted to and shared with Shopify and third parties in order to provide services to you.

25. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Ganesha Wholefoods, South Street, Axminster, Devon, EX13 5AD. All notices from us to you will be displayed on our website from time to time.

26. Changes to These Terms

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible. You can review the most current version of the Terms at any time on this page. We will notify you of any material changes in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

27. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

28. Termination

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Clauses relating to intellectual property, feedback, liability, indemnification and governing law will continue to apply following any termination.

29. Indemnification

You agree to indemnify, defend and hold harmless Ganesha Wholefoods, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

30. Waiver

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

31. Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

32. Third Party Rights

Nothing in this agreement is intended to, nor shall it confer any rights on a third party.

33. Law, Jurisdiction and Language

This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

34. Other Important Terms

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute to a certified alternative dispute resolution provider. Details of approved ADR providers in the UK can be found on the Chartered Trading Standards Institute (CTSI) website at www.tradingstandards.uk. We are not obliged to participate in alternative dispute resolution proceedings, but we will consider requests to do so on a case by case basis.

35. Contact Information

Questions about these Terms should be sent to us at:

Ganesha Wholefoods Ltd
Ganesha Wholefoods, South Street, Axminster, Devon, EX13 5AD
Telephone: 01297 33957
Email: info@ganeshawholefoods.co.uk

Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Ganesha Wholefoods, South Street, Axminster, Devon, EX13 5AD:

I/WE hereby give you notice that I/WE cancel MY/OUR contract for the sale of the following goods / for the supply of the following service:

Goods/service: ………………………………………………………………

Ordered on / Received on: ………………………………………………………………

Name of consumer(s): ………………………………………………………………

Address of consumer(s): ………………………………………………………………

Signature of consumer(s) (only if notified on paper): ………………………………………………………………

Date: ………………………………………………………………