TERMS & CONDITIONS

INTRODUCTION

This website, www.kimbulakitchen.com (“Site”) is operated by Kimbula Kithul Lanka (Private) Limited a company registered under the Companies Act No. 07 of 2007 of Sri Lanka and bearing Registration No PV 212576 and is an online marketplace which sells products manufactured by us, seasonal products and/or any other product we choose to periodically offer to the customers around the world. Throughout the site, the terms “we”, “us” and “our” refer to Kimbula Kithul Lanka (Private) Limited while the terms. “You” and “your” refers to any person accessing and/or using the Site.

By visiting the Site and/or purchasing products displayed in the Site, you engage us in provision of our services and agree to be bound by the following terms and conditions (“Terms & Conditions”).

Please read these Terms & Conditions carefully before accessing or using the Site. If you do not agree to be bound by the Terms & Conditions, please do not access or use the Site.

We reserve the right to change, modify, add or remove all or any part of the Terms & Conditions at any time without prior notice. Changes will be immediately effective as and when such changes are posted on the Site with no other notice of such change provided to you.

It is your responsibility to check this page periodically for changes.

Your continued use of the Site following the posting of changes to the Terms & Conditions constitutes your acceptance of such changes.

CONDITIONS OF SALE

CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE

This section deals with conditions relating to the sale of products on the Site.

THE CONTRACT

Your order placed through the Site is an offer to purchase the product(s) displayed on the Site.

When you place an order to purchase a product, any message that appears on the Site during or after the order is mere acknowledgement of receipt of the order, does not serve as the acceptance of the offer made by you and in no way implies the confirmation of your order.

The acceptance of your order is made when payment is received. An email is then also issued to the email address provided by you provided during the order process, confirming the order. If for some reason it is found afterwards that we cannot accept the order, you will be notified of this matter and a refund will be issued via Stripe or sent via Bank Transfer within 30 days.

When placing the order, we indicate an approximate timeline for the processing of your order. We are constantly committed to make every reasonable effort to ensure that the indicative timeline is met.

However, such indication does not guarantee actual delivery would take place within the said timeline as delivery and related services are dependent on third party service providers and factors beyond our control.

We retain the right to cancel any order at its sole discretion prior to dispatch, without stating any reason, for any reason whatsoever and such cancellation will be informed to you via email.

In case of such cancellation(s), any payments made shall be refunded to you within 30 days.

PLACING THE ORDERS

You agree to provide current, complete and accurate personal information when the order is made through the Site.

PRICING AND PAYMENTS

All prices are listed in Great Britain Pounds (GBP) and are inclusive of all applicable taxes and other charges until the products are delivered to the Final Destinations.

All product pricing is subject to change at any time without notice, at our sole discretion.

We have equipped the Site with a fully secured payment gateway in collaboration with Stripe (Payment Partner). The Payment Partner has been chosen prioritizing your security and ease of access. Stripe will be operated through a UK Bank Account bank. VISA, Mastercard and American Express are accepted as the mode of payment. You also have the option to pay via Direct Bank Transfer to our UK Account at your discretion.

We shall not be held responsible for any trouble shoot or malfunctioning of payment gateway which arises due to the facts beyond our control.

AVAILABILITY AND PROCESSING ORDERS

We may, at our sole discretion, limit or cancel quantities purchased per person, per geographical area or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address.

All products which appear on the Site are subject to availability. Orders placed through the Site will be processed on the first come first serve basis.

In the event that the product is not available or the required quantity is not available at the time of processing your order, we reserve the right to cancel the order or make changes to the order and estimated timeline for delivery, as the case may be.

You will be informed by email regarding the same. The order will only be processed if the revised terms are confirmed by you via email.

We reserve the right to refuse the order any time prior to the issue of confirmation email due to any reason such as shortage of products.

In order to avoid any misuse of electronic payment cards/ systems or any frauds related to the same or verification of information for internal purposes, we reserve the right to obtain validation of your payment details before confirming the order and to verify the personal information you shared with us.

For the purpose of verification, we may request you for further information via email. The absence of response to such a request within the timeline will automatically cancel the order provided via email.

We reserve the right to cancel an order for which we suspect of being carried out using any fraudulent banking instruments without prior notice or any subsequent legal liability.

DISPATCH AND DELIVERY

The products will be dispatched and delivered to the country in which you are residing via Royal Mail or courier services.

Delivery will be made to the address specified by you (“Final Destination”).

Carriage of products via sea to the relevant port of your country, handling of products after it reaches the port of your country, storage and delivery of the same to the Final Destination will be done by third parties (“Delivery Partners”).

Our Delivery Partners are only involved in transportation and handling of products based on the orders placed by you and instructions provided by us. Hence, liability for any defects of the Products or any breach of warranties and representation in relation to the Products shall not extend to the Delivery Partners.

RETURNS

We accept returns only within 30 days of dispatch.

Return due to spoilage

In the event of the products being spoilt, owing to circumstances beyond our control (in the course of shipping or delivery), you are required to inform the same to us via email, within 03 days from the date of delivery of the products. You may request a replacement or refund. Based on your request, we will make arrangements to attempt to deliver a replacement within 14 days or refund the funds within 30 days.

In such an instance, the cost of return including postage to us would be borne by us.

Other returns

With respect for returns except for spoilage, the product should be unopened (safety seal unbroken) and must contain all the content including the labelling and booklet.

It must be returned in the same condition in which it was delivered to you – ideally safely secured in our protective box packaging, or otherwise protectively packed and secured by you for return without breakage.

Cost of return including postage to us must be borne by you and the original delivery charge will not be refunded in cases where you have simply changed your mind on the order.

A refund of the cost of the product will only be issued once the product is received and accepted by us.

EXCHANGE/REPLACEMENT or REFUND FOR BREAKAGE

Exchange/Replacement in case of breakage can

For breakages caused during transit to Final Destination, you are required to photograph and inform the state on which the product was received within 1 day (24hrs) of receipt for a replacement (with free postal) or refund. Please email your breakage details to kimbulakithul@gmail.com, Subject: Breakage

We will not accept claims following later examination of the product. As our product is packed with sustainable non-plastic packaging, therefore if there is breakage it will likely to show via leakage stains on the box.

CANCELLATION

If you desire to cancel an order, you must send us an email to our email address kimbulakithul@gmail.com within 2 days of placing the order. Funds already paid for such an order will be refunded to you within reasonable time (we will aim to refund within 30 days). For avoidance of doubt, any request for cancellation after 2 days will not be accepted.

Any request for exception to the above may be communicated but will only be considered at our discretion.

TAXES AND OTHER CHARGES

The price indicated on the Site may include taxes, custom fees and any other charges that may apply at the port of destination. You acknowledge such inclusions and agree to bear such costs.

REPRESENTATIONS AND WARRANTIES

We hereby represent and warrant that;

We, as the seller have the right to sell the products offered for sale in this Site;

You will have and enjoy quiet possession of products, upon delivery of the product to the Final Destination;

The products are free from any encumbrance except which are made known to you at the time the contract is made; and

Products supplied in the Site will correspond with the description mentioned therein and reasonably fit for human consumption, subject to spoilage arising from circumstances reasonably beyond our control (i.e. in the course of shipping or delivery).

CONDITIONS OF USE OF WEBSITE AND SERVICES

PRIVACY

By using the Site, you acknowledge and consent that we will use your information in any jurisdiction we carry out its business activities and will process the same in accordance with the governing law and conditions set out below.

We collect or obtain personal information as and when those data are provided to us either by use of the Site, other communication in any means between you and us, in the course of our relationship with you.

We may collect personal information including, but not limited to, your title, name, gender, date of birth, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, payment card details or bank account details, submissions you make, information you provide us for subscription of information or services.

Your personal information shall only be used by us for the purpose of processing your order(s), any possible future claims and / or other purpose provided below, under the heading, “Other use of your information” and “Onward Transfer:.

You agree to transmit your personal information to our employees, officers, insurers, Professional advisors, other companies within the group, if any, our agents and subcontractors, our service providers (such as Delivery Partners, financial teams and research and marketing teams).

You agree that your personal information shall be stored, kept and/or maintained for any duration as specified under the applicable laws or determined by us.

You must only submit to us, information which is accurate and not misleading and you must keep such information up to date and inform us of changes and you warrant that submission of such information does not infringe the privacy of another person and you are not in breach of any provisions contained in law or any contractual agreement in relation to privacy or confidentiality.

You agree that the information that provided by you may be stored, processed in and transferred to or between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

Nothing contained in this section shall prevent us from disclosure of personal information in terms of the applicable laws, in the course of any legal proceedings irrespective of whether the same being initiated by us ,when required to do so by any governmental authorities in any relevant jurisdiction and/ or for prevention of any fraud, money laundering and/ or terrorism activities and mitigation of financial and/ or credit risks

The Site may contain hyperlinks and/or post of third parties and links to other sites or frames of other sites. We do not have any control over such sites or adverts and are not responsible for the privacy practices or content of those third parties sites, nor for any information submitted to or from such adverts, links or sites.

Other use of your information

We may use your personal information;

Our internal purposes linked to the provision of services; such as upgrading the Site, personalize the service or the Site, enhancing the Site and/or the services provided through the Site, identifying visitors of the Site, enable use of the Site/ services;

Research activities;

Send you information we think you may find useful or which you have requested from us, including information about our products and services, provided you have indicated that you have no objection on being contacted for these purposes;

Verifying compliance of Terms & Conditions; and/ or

Deal with any inquiries or complaints made in relation to the services/ products/ Site.

Onward Transfer – We May Disclose Your Information
Information We Share. We may share your information as described in this Privacy Policy (e.g., with our third-party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.

We Use Vendors and Service Providers. We may share information we receive from you with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Services. Some examples of third-party service providers who have access to your information include:

WooCommerce. We may share some of your information, including your Payment Information, with WooCommerce. This information is used to take and process orders that enables us to sell and deliver our products to you. For more information on WooCommerce’s privacy practices, please read its Privacy Policy at https://woocommerce.com/privacy%20policy/.

Stripe. We may share some of your information, including your Payment Information, with Stripe to fulfill the payments you provide to us. For more information on Stripe’s privacy practices, please read its Privacy Policy at https://stripe.com/gb/privacy.

Security Measures

We have in place appropriate technical and security measures including firewalls to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage or alteration to your information.

When we collect information through the Site, we collect your personal information on a secure server.

You are responsible for protecting your information against unauthorized access to your password and to your computer and servers. We will not in any event request to provide you password in any communication except at the point of accessing the service or your account through the Site. We are not responsible for any unauthorized access of your information from your end.

Cookies

Cookies are tiny text files which identify your computer to our server as a unique user when you visit certain pages on the Site and they are stored by your Internet browser on your computer’s hard drive. However, it does not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

Cookies can be used to recognize your Internet Protocol address, saving you time while you are on or want to enter the Site.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) which uses cookies, which are text files placed on your computer, to help the website analyze how users use the Site.

The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

Google will not associate your IP address with any other data held by Google.

By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

The acceptance of cookies is not a mandatory requirement for visiting the Site, however it may restrict use of the Site or certain features of the Site/ Services.

We only use cookies for your convenience in using the Site (for example to remember who you are when you want to amend your shopping cart without having to re-enter your email address) and not for obtaining or using any other information about you.

We may amend or update our privacy policy from time to time in line with the terms and conditions provided in clause H.

AVAILABILITY OF THE SITE

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free.

Your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.

RIGHT TO ACCESS THE SITE

We require that by accessing the Site, you confirm that you have attained the age of majority as per the local laws applicable to you or accessing the Site under the supervision of a parent or legal guardian so that you can form legally binding contracts.
We grant you a non-transferable, revocable and non-exclusive right to use the Site, in accordance with the Terms & Conditions, for the purposes of shopping for items as listed to be sold on the Site.

You are not permitted to download (excluding page caches) or modify the Site or any portion of it in any manner.

Right to use the Site does not include any collection and use of any product listed on the Site, descriptions, or prices, contents of the Site, any downloading or copying of account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools.

The Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any purpose without our express written consent, as applicable.

You shall not use to enclose any trademark, logo, any part of our name or other proprietary information (including images, text, page layout, or form) without our express written consent.

Any unauthorized use terminates the right to use the Site or any pending order, if any with no prior notice and may lead to legal action instituted against you.

You agree and undertake to refrain from performing restricted activities listed below, undertaking any of such activities will result in an immediate cancellation of services, inability to use our Site, posting reviews, placing orders or completion of any existing incomplete orders with us and in grave cases may also result in legal action.

Refusal to comply with the Terms & Conditions or any other guidelines and policies related to the use of the Site as available on the Site at all times.

Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.

Use the Site for unlawful or illegal purposes.

Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site or Services.

Interfere with another’s utilization and enjoyment of the Site;

Post, promote or transmit any prohibited materials as deemed illegal by the laws of Sri Lanka, through the Site; or

Use or upload, in any manner, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site;

Use the Site other than in conformance with the acceptable use policies of any connected computer networks, Terms & Conditions, any applicable Internet standards and any other applicable laws.

YOUR SUBMISSION

At our request or in your own accord, you may make reviews, comments, suggestions and queries, whether online, by email, by post or otherwise (collectively, ‘Submissions’).

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submission that you forward to us.

We are and shall be under no obligation to;
maintain any Submission in confidence;
indemnify any party for any Submission; and
respond or react in any form or style to any Submission.

We may, but have no obligation to, monitor, edit or remove content that we determine at our sole discretion are as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms & Conditions.

We may, but shall not be obligated to, remove or edit any Submissions without any notice.

You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or the Site.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions.

You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third- party.

Submissions or opinions expressed on the Site by the users of the products are those of the individual(s) posting such content and may not reflect our opinions.

You may anytime request to remove any of your Submissions or any part thereof (such as your name) which are publicly visible if you no longer wish to be publicly visible through the Site.

INTELLECTUAL PROPERTY

Our graphics, logos, page headers, button icons, scripts and service names mentioned in the Site and/ or on the product are our assets and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that criticizes or discredits us.

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.

The entire contents of the Site also are protected by copyright, trade mark, service mark, patent or other proprietary rights and laws as under applicable laws and international conventions.

INDEMNITY

You shall indemnify and hold harmless us, our affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms & Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release us, our affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the service providers and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

LOSSES

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

AMENDMENTS TO CONDITIONS

We reserve the right to make changes to the Site, its policies, the Terms & Conditions and any other publicly displayed condition, service or promise at any time. You will be subject to the policies and terms and conditions in force at the time you use/used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you, as the case may be).

SEVERABILITY

If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

FORCE MAJUERE

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms & Conditions or revoke any or all of your rights granted under the Terms & Conditions.

Upon any termination of the Terms & Conditions, you shall immediately cease all access to and use of the Site.

Any termination of this Terms & Conditions shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

GOVERNING LAW AND JURISDICTION

The Terms & Conditions and orders are governed by and construed in accordance with the laws of The Democratic Socialist Republic of Sri Lanka.

You agree to submit to the non exclusive jurisdiction of the courts of Sri Lanka having jurisdiction over the place on which our Registered Office is situated at the time of institution of legal proceedings.

CONTACT US

Our Principal place of business or the Registered Address is 639/23A Gunawardana Mawatha, Pita Kotte, Sri Lanka.

You may contact us using the postal address given above, through the Site, via email at kimbulakithul@gmail.com or via telephone +947744448314.