TERMS OF SALE

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Products (as defined below) are sold by Us to consumers/customers and/or users through this website (“Customers” or “Consumers” or “You”), www.Allibhavan.com (“AB Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Products from the AB Site. You will be required to read and accept these Terms of Sale when ordering Products. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Products through the AB Site. These Terms of Sale, as well as any and all Contracts, are in the English language only.

The following documents may also apply to your use of Our AB Site:

1. Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Products, as explained in Clause 8;
“Food Products” means the food including drinks products sold by Us through AB Site;
“Products” means Food Products and Other Products including Services sold by US through AB Site;
“Other Products” means goods other than Food Products such as equipment, tool, accessories, etc sold by US through AB Site;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation) including delivery and/or collection service;
“Order” means your order for Products;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“Store/Warehouse” Alli Bhavan, 11-15 Market Place, Bexleyheath DA6 7DZ.
“We/Us/Our” means LSA Retail Telscombe Ltd , a company registered in England under 10465246, whose registered address is 95 St Dunstan Hill, Cheam, Surrey SM1 2LW and whose main trading address of 11-15 Market Place, Bexleyheath DA6 7DZ for Alli Bhavan supermarket store.
2. Information About Us

Our AB Site, www.Allibhavan.com, is owned and operated by LSA Retail Telscombe Ltd , a limited company registered in England under 10465246, whose registered address is 95 St Dunstan Hill, Cheam, Surrey SM1 2LW and whose main trading address of 11-15 Market Place, Bexleyheath DA6 7DZ for Alli Bhavan supermarket store.

3. Access to and Use of AB Site

Access to AB Site is free of charge.It is your responsibility to make any and all arrangements necessary in order to access AB Site.

4. Age Restrictions

Consumers may only purchase Products through AB Site if they are at least 18 years of age.

5. Business Customers

These Terms of Sale apply to consumers only and do not apply to customers purchasing Products in the course of business.

6. International Customers

Please note that We currently only deliver within the United Kingdom.

7. Products, Pricing and Availability

We make all reasonable efforts to ensure that all descriptions and graphical representations of Products available from Us correspond to the actual Products that you will receive. Please note, however, the following:Images of Products are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays, lighting conditions, and the fact that foodstuffs will naturally vary in appearance;

Food Products

Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Food Products, not to different Food Products altogether. Please refer to Clause 11 if you receive incorrect Food Products (i.e. Food Products that are not as described).For certain Food Product listed on Our AB Site, we provide descriptions to include list of major ingredients and we may also indicate where a Food product is suitable for vegetarian and/or vegan. We normally state if any Food Product contains (or may contain) any of the following which may cause allergies or intolerances. However, Food Product which does not contain such indication of any of the following may have one or more of those ingredients. So please note we cannot guarantee that they will be 100% free of such ingredients:

Other Products

Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods, not to different Other Products. If you receive Other Products that are not as described, please refer to Clause 12.

Minor changes may be made to certain Other Products from time to time. This may happen between you placing your Order and the Other Products being dispatched. Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues. Minor changes will not change the main characteristics of the Other Products and will not affect your use of those Other Products.

Services

Please note that sub-Clause 7.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.Our Services are those described at Our AB Site, which mainly includes arranging delivery, logistics, packing, packaging and arranging collection of the Products.

Availability

We cannot guarantee that all Products will always be available. Where stock indications are provided on AB Site may not be accurate.We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Where availability indications are provided on Our AB Site may not be taken into account orders that have been placed by other customers during your visit to Our AB Site.

Pricing

We make all reasonable efforts to ensure that all prices shown on Our AB Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 7.23 regarding VAT, however).All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We  will contact you by call and/or in writing by text message and/or e-mail to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Products at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this  case until you respond. If We do not receive a response from you  within seven (7) days, We will treat your Order as cancelled and notify you of this by a call to you and/or in writing by text message and/or e-mail to you.

8. Orders – How Contracts Are Formed

AB Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will make Our reasonable effort to contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

9. Payment

Payment for Products, related delivery charges and other charges (where applicable) must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Products.We accept the online payments as detailed and indicated on Our AB Site.

10. Delivery, Collection, Risk and Ownership

All Products purchased through AB Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 16).If We are unable to deliver the Products on the delivery date, the following will apply:If no one is available at your delivery address to receive the Products and the Products cannot be posted through your letterbox, We will leave a delivery note (or will inform you by call or e-mail) explaining how to rearrange delivery or where to collect the Products;

  1. If you do not collect the Products or rearrange delivery within two (2) days, We will contact you to ask you how you wish to proceed. If We cannot contact you or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Products. If this happens, you will not be refunded the purchase price of the Products and its delivery charges.
  2. In the unlikely event that We fail to deliver the Products within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:
    1. We have refused to deliver your Products; or
    2. In light of all relevant circumstances, delivery within that time period was essential; or
    3. You told Us when ordering the Products that delivery within that time period was essential.
  3. If you do not wish to cancel under sub-Clause 10.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
  4. You may cancel all or part of your Order under sub-Clauses 10.3 or 10.4 provided that separating the Products in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Products (excluding their delivery charges) will be refunded to you within 30 days. Please note that if any cancelled Products are delivered to you, you must return them to Us or arrange with Us for their collection. In either case, You will bear the cost of returning the cancelled Products.
  5. Delivery shall be deemed complete and the responsibility for the Products will pass to you once We have delivered the Products to the address including, where relevant, any alternative address you have provided.
  6. Ownership of the Products passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
  7. Any refunds due under this Clause 10 will be made using the same payment method that you used when ordering the Products unless you specifically request and if such method is agreed by US at our sole discretion then We make a refund using a different method

We advise customers to open their parcel as soon as they receive it. All fresh vegetables, fresh food and/or fresh meat/fish should be stored in a refrigerator and any frozen items should be put into a freezer upon delivery. If you are not happy with any item, please get in touch with US through our customer service as detailed at Our AB Site within 24 hours of receiving the parcel. Please note that photo proof is needed for any quality complaints.

  1. You may be requested to sign for accepting the delivery.
  2. If you have selected Our collection services during your Order as guided by Our AB Site, We will then make the necessary arrangement at Our Store for your to collect your Products in parcels/packages. We will then dispatch the Products to you when you visit Our Store for collection as advised by us at the time your Order through Our AB Site and you will be requested to produce you Order Number for our staff to dispatch your parcel/packages to you.
11. Problems with the Food Products, Return and Refunds

We provide goods that are of reasonable quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences).

  1. If any Food Products you have purchased do not comply as stated above and, for example, are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Food Products, please contact Us at the customer service contact details provided at Our AB Site as soon as reasonably possible and in any event within one day to inform Us of the problem, and to arrange for a refund or replacement.
  2. Please note that you will not be eligible to claim under this Clause 11 if We informed you of the fault(s), damage or other problems with the Food Products before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Food Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Food Products for that purpose; or  if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Food Products to Us under this Clause 11 merely because you have changed your mind.  Please refer to Clause 12 for more details.
  3. To return Food Products to Us for any reason under this Clause 11, please visit the relevant pages of return procedures at Our AB Site <<insert link>>. If you return by post, then you will be fully responsible for the costs of returning Food Products under this Clause 11.
  4. Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
  5. Any and all refunds issued under this Clause 11 will exclude all delivery costs paid by you when the Food Products were originally purchased.
  6. Refunds under this Clause 11 will be made using the same payment method that you used when ordering the Food Products unless you specifically request and if we agree such alternative method at Our sole discretion We then make a refund using a different method as agreed.
  7. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  8. Subject to Clause 14.3, you will not be entitled to this cancellation period should the item being considered for return be something that deteriorates quickly, has a limited expiration date or is frozen food. These non-refundable food items are defined under the term “perishable food and drink”.
12. Faulty, Damaged, or Incorrect Other Goods, Return and Refunds
  1. All Other Products are sold through Our AB Site in accordance with the Consumer Rights Act 2015 and your rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website. Nothing in these Terms of Sale will affect your legal rights.
  2. All Other Good shall be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
    1. Beginning on the day that you receive the Other Products (and ownership of them) you have a 30 calendar day right to reject  them and to receive a full refund if they do not conform as stated above.
    2. If you do not wish to reject the Other Products, or if the 30 calendar  day rejection period has expired, you may request a repair of the Other Products or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Other Products. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
    3. If, after a repair or replacement, the Other Products still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Other Products at a reduced price, or to reject them in exchange for a refund.
    4. If you exercise the final right to reject the goods more than six months after you have received the Other Products (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Other Products.
    5. Within a period of six years after you have received the Other Products (and ownership of them), if the Other Products do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Other Products, you must prove that the defect or non-conformity existed at the time of delivery.
  3. Please note that you will not be eligible to claim under this Clause 12 if:
    1. We informed you of the problem(s) with the Other Products before you purchased them or you had the opportunity to examine them before purchase or use and the problem(s) should have been obvious to you; or
    2. You have caused the problem(s) yourself, for example, through misuse or intentional or negligence or careless damage; or
    3. You have purchased the Other Products for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Other Products for that purpose; or
    4. The problem(s) is/are the result of normal wear and tear; or
    5. You have changed your mind (please refer to Clause 14).
  4. If you exercise your legal right to reject the Other Products, you must return them to Us.
  5. To return Other Products to Us for any reason under this Clause 12, please visit the relevant pages of return procedures at Our AB Site www.Allibhavan.com. If you return by post, then you will be fully responsible for the costs of returning Food Products under this Clause 12.
  6. Any and all refunds issued under this Clause 12 will exclude all delivery costs paid by you when the Other Products were originally purchased.
  7. For health and hygiene reasons, some of Our Other Products items are sealed for protection reasons will be deemed as used if unwrapped, such as personal grooming products e.g. hair accessories and styling products, shavers, waxing kits, electric toothbrushes etc, will therefore be unable to be returned if not in their original unused condition.

 

13. Problems with the Services

We always use reasonable endeavours to ensure that Our Services shall meet the level of the quality as described at Our AB Site (including but not limited to deliveries, packing, packaging, logistics, arranging collection of the Products). If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via Our customer service and the contact details of Our customer service are detailed at Our AB Site.

  1. We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
  2. We will not charge you for remedying problems under this Clause 13 where the problems have been caused by Us, any of Our agents or sub-contractors.. If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action,
  3. sub-Clause 7.12 will apply and We may charge you for the remedial work.
14. Cancellations

You may cancel an Order (and receive a full refund of any sums already paid) within 24 hours from your successful payment for the Order but any event before we dispatch your Products. Orders cannot be cancelled after this time or once they have been dispatched.

In each case, providing Us with your name, address, email address, telephone number, and Order Number.

Please note that, due to the perishable nature of the Food Products that we sell, you will not have a right to cancel under the 14 day “cooling-off” period given to consumers under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may cancel after receiving Food Products if there is a problem with them, as set out in Clause 11, but you cannot cancel merely because you have changed your mind.

  1. Any refunds due under this Clause 14 will be issued to you within 14 calendar days of the day on which you inform Us that you wish to cancel your Order.
  2. Refunds under this Clause 14 will be made using the same payment method that you used when ordering the Products unless you specifically request and if we agree such alternative method at our sole discretion We then make a refund using a different method as agreed.
15. Our Liability to Consumers/Customers

We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

  1. We only supply products for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable  to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
  2. Pursuant to the Clause 15.5, Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  3. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

 

We are a retailer of the Products and we therefore shall not be liable nor responsible for death or personal injury or damage to property arising out of, or in connection with, the use of the Products or any defects in the Products (only to the extent that such defects are attributable to the acts or omissions of Ours) as these liabilities and responsibilities shall be held by the relevant manufactures of the relevant Products.

16.  Events Outside of Our Control (Force Majeure)

We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. If any event described under this Clause 16 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

  1. We will inform you as soon as is reasonably possible;
  2. We will take all reasonable steps to minimise the delay;
  3. To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
  4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Products as necessary;
  5. If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any  refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled;
  6. If an event outside of Our control occurs and continues for more than 14 days and you wish to cancel the Contract as  a result, you may do so in any way you wish. If you would prefer to contact Us directly to cancel, please use the following details:
    1. Telephone: 0208 303 3261;
    2. Email: CS@AlliBhavan.com;
    3. Post: Customer Service, Alli Bhavan, 11-15 Market Place, Bexleyheath DA6 7DZ;

In each case, providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.

17. Communication and Contact Details

If you wish to contact Us with general questions or complaints, you may contact Us by telephone at <<insert telephone number>>, by email at INFO@AlliBhavan.com, or by post at Helpdesk, Alli Bhavan, 11-15 Market Place, Bexleyheath DA6 7DZ.

  1. For matters relating to the Products or your Order, please contact Us by telephone at <<insert number>>, by email at CS@AlliBhavan.com, or by post at Customer Service, Alli Bhavan, 11-15 Market Place, Bexleyheath DA6 7DZ.
  2. For matters relating to cancellations or return or refunds, please contact Us by telephone at <<insert telephone number>>, by email at CS@AlliBhavan.com, by post at Customer Service, Alli Bhavan, 11-15 Market Place, Bexleyheath DA6 7DZ, or refer to the relevant Clauses above.
18. Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. All complaints are handled in accordance with Our complaints handling policy and procedure, which shall be made available on request. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

  1. In writing, addressed to Online Store Manager, 11-15 Market Place, Bexleyheath DA6 7DZ;
  2. By email, addressed to Online Store Manager at CS@AlliBhavan.com;
  3. Using Our complaints form made available at Our AB Site;
  4. By contacting Us by telephone on <<insert telephone number>>.
19. How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy, available from www.Allibhavan.com and Our Cookie Policy, available from www.Allibhavan.com.

20. Other Important Terms
21.  Law and Jurisdiction
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