Welcome to Ekhayaonline.com (the “Website”). The website is operated by Ekhaya Online Limited, a limited company registered in England & Wales under Company number 12930452. It’s registered offices is at 85 Great Portland Street, First Floor, London, England, W1W 7LT
Listed on the page are the terms and conditions which apply to your interactions with us, including interactions through mobile applications, as well as your purchase of the items listed on the Website (Products). Please read carefully before proceeding as by using the Website or placing an order you are agreeing to be bound by them. “Terms and conditions” includes all documents referred to on this page and any others referred to in them.
Last modified October 2020. These terms and conditions may be modified from time to time, should this happen they will be posted on the website. The changes will not apply retrospectively unless you agree to them.
You should print and save a copy of these terms and conditions.
If you do not agree to these terms and conditions, please do not use the website or buy products from it.
PERSONAL INFORMATION WE COLLECT
When you visit the Website, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Website, and information about how you interact with the Website. This automatically collected information is referred to as “Device Information”.
We collect Device Information using the following technologies:
– “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
– “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Website we collect certain information from you, including your name, billing address, shipping address,, email address, and phone number. Payment information (your debit and credit numbers) are collected by Paypal or Stripe. We will not hold your debit and credit numbers. Paypal is a company operating a worldwide online payments system that supports online money transfers. For more information visit www.paypal.com.
Stripe is a company that has a an infrastructure to accept payments online. Please visit www.stripe.com for more information.
Information we collect from you (name, billing address, shipping address, email, phone number) we refer to as “Order Information”.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfil any orders placed through the Website (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
– Communicate with you;
– Screen our orders for potential risk or fraud; and
– When in line with the preferences you have shared with us, provide you with information, advertising or special offers relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Website (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
We sometimes use your device information to remind you of products you’ve browsed using targeted adverts on sites such as Facebook.
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use PayPal or Stripe to process your payment information.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Unless stated otherwise, all content on the website is presented for your private, personal and non commercial use
We have the right to change or take down the Website and anything on it without notice and without liability to you or any third party. Any changes made will apply to any new sessions you start on the Website after the changes are made, or one hour after the changes are made (whichever is sooner). Continued use of the website shall be deemed your acceptance of the changes.
None of the products or content in this website are offered to anyone or any country where providing them may be prohibited by law. By using the Website, or by creating an account with us, you represent to us that you are legally entitled to use the Website and its Products and services and contents. We rely on this representation in order to provide you with access to, and us of the Website and its content.
HOW WE COMMUNICATE WITH YOU.
We will communicate with you via the email/phone that you provide us. We may need to phone you in order to verify recipients address information. We will communicate with the recipients of the goods via text message or telephone them. It is your responsibility to ensure that all the numbers given to us are correct.
By using the Website you agree to these means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with legal requirements , that such communication is in writing. This does not affect your legal rights.
Terms and Conditions of Sale
Please read all of these terms and conditions carefully before you order any products because by ordering, you agree to be bound by them.
If you do not accept these terms and conditions, you should not order any products from us.
You should print and save a copy of these terms and conditions for your future reference.
Our website is only intended for use by consumers; that means people who want to buy our products for personal use and not for any business purposes. We reserve the right to reject or cancel your order if we reasonably think that you are buying our products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this first.
Your Personal Details
. You will also need to enter certain details during the “checkout” process.
You will be asked to enter information such as your name, address and telephone number. You will be required to enter name address and telephone numbers of recipient. We would like to have more than one contact number if possible for the recipient. You are responsible for ensuring that all of the information you provide to us is true and accurate.
You are responsible for keeping confidential your username, password and any other information relevant to your access to our website.
We will not sell products to people under the age of 18.
It is your responsibility to ensure that the person accepting delivery is over 18 and can demonstrate this to us if challenged. If we are not satisfied that the person accepting delivery is over the age of 18, then we may not hand over your delivery. At our discretion, we may remove age restricted products and hand over the remainder of your delivery.
By placing an order with us, you are confirming to us that:
- you are a consumer and are not purchasing our products for any business purposes and
- you are at least 18 years old;
How is the Contract Formed Between You and Us?
Forming the contract
The technical steps required to create a contract between you and us for the delivery of products are as follows:
- You must select the products you wish to order and, default delivery date will be in two days time, however you have the option to choose a delivery date and then go to our “checkout”.
- You will be guided through the “checkout” process by a series of instructions. If you want to correct any errors you have made, you can use our functionality to go back and remove individual products from your order or empty your trolley and start again.
- You place an order on our website and our mobile app by clicking the “Purchase Order” button at the end of the “checkout” process.
- We will send you an automated message which will be shown to you on our website and This is not an acceptance of your order because we will have to carry out stock and identity checks first.
- We will then send you a confirmation email to confirm that your order is being processed by us. Again, this is not acceptance of your order.
- Finally, we will send you an email 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.
The contract will be concluded in English.
The details of your contract will be held by us. If you require any information about orders you have placed with us, you can contact Customer Services.
We will confirm your booked delivery date with your recipient. We will endeavour to contact the recipient of the goods prior to delivery.
We will do our best to deliver your order to you in accordance with your booked delivery day. However, we cannot always guarantee that we will do so due to factors beyond our reasonable control. If that is the case we will try to contact you as soon as we are able to and also contact the recipient in order to reschedule your date.
We will deliver to the address specified by you when you buy the goods.
We will contact the recipient and make arrangements about delivery. It is the recipients responsibility to ensure that there someone available to receive the goods. If there is no one at the property when we try to deliver,, the goods will be returned to the office and the recipient will have to come to pick up the goods from the office. We may require someone to sign for your order on delivery.
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.
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 will try to contact you by telephone. If we cannot do so, we will leave notice of attempted delivery and will try to contact you to rearrange the delivery.
For reasons of security and food safety, we will not leave your order unattended at your address. We will 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 will not be responsible for any losses 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.
If your order is returned because we failed to deliver it to your delivery address within the date we agreed, where we manage to make contact with you and recipient and agree a revised delivery date and timeslot, we will redeliver your order to you at no additional cost.
If your order is returned because of something within your control or recipients control (for example, if there is nobody at the delivery address within your booked timeslot to receive the order, or if the person there refuses to accept the goods) we are entitled to charge you for the delivery charge for that returned delivery and the price of the perishable items contained in it. (For an explanation of what we mean by “perishable” – please see our “Cancellation, Refunds and Returns Policy” section).
If you provide us with an incorrect delivery address and your order is signed for by someone else we cannot be responsible for any losses 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.
Products are sold by us subject to availability and prevailing market conditions
You should check your order in full promptly on delivery. If your delivery is incomplete please notify us via Customer Services. . We will not charge you for any products that you have not received or that you did not order.
Prices and Product Information
All of our product prices are as stated on the Website.
The price of the products and our delivery charges will normally be as quoted on our website .
Delivery charge is shown as a separate charge and will be shown at checkout. We have one delivery charge per address. If you are sending to another address, you will be charged another delivery charge.
Minimum order values
Our minimum order value is the £20 basket.
The product information contained on our website has been published in good faith and we will 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 will notify you if this is the case and will not charge you for the product.
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
All payments will be taken within two days of delivery. Payment for all products must be by credit, debit or charge card. Authority for payment will be requested from your card issuer when you place your order with us. This is done by “reserving” an amount of money against the card you have used for payment.
The amount which is reserved is not spent by you until we “debit” your card with the full price of your order after delivery, but will not be available to be used for payment to other parties. At the time payment is debited, the “reservation” will be cancelled, and replaced by the debited amount. In some cases, your card issuer may treat the final payment on delivery as a separate transaction to the “reservation”. In the event that this occurs, the “reservation” will be cancelled, and the amount originally “reserved” will be released by your card issuer in line with your card issuer’s timescales.
If the order is cancelled, either by you or by us, then the “reservation” will be cancelled within 7 days of the order being cancelled, and the funds “reserved” will be released by your card issuer in line with your card issuer’s timescales.
Please note that the process of releasing the “reservation” is beyond the control of Ekhayaonline and is dealt with by your card issuer. If you have any queries about this process, please contact your card issuer..
We reserve the right to terminate our contract with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. We will attempt to contact you if this is the case.
You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining full payment from you in the event a failed payment occurs. This may include an administration charge of up to £20. We reserve the right at any time after a failed payment has occurred to ask a debt collection agency to assist in collecting payment from you.
Discounts and Offers
We may offer discounts and offers from time to time at our discretion, for example “get a free drink with your basket”. 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 How is the Contract Formed Between You and Us?
We will 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 or delivered before the relevant expiry date.
Cancellation, Refunds, and Returns Policy
I’ve changed my mind and want to cancel
You may amend or cancel your order before the cut-off time we provide to you for doing so. (See our “How is the contract formed between you and us?” section above for full details).
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 in certain Should you wish to cancel your whole order after this cut-off time, we may charge you for the full price of the perishable products contained in your order.
The products you sent to me were defective
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.
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.
We will refund to you the cost of any product affected by such issues. To receive a refund of an affected perishable product though, you must notify us of any such issues within a week of receiving the items. The guarantees provided above are in addition to your legal rights in relation to products that are defective, faulty or not as described.
Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Returning Products Where They Are Defective
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 cost of returning the defective goods to us (up to a reasonable amount).
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.
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.
Nothing in these terms and conditions excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- liability which may not be limited or excluded by section 31 (1) Consumer Rights Act 2015;
- defective products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
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.
Neither we nor you will be responsible if we are unable to perform our obligations under the contract due to events which are genuinely beyond your or our reasonable control (as applicable).
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.
We revise our terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that a contract is formed between you and us (as set out above).
f you have a complaint, or would like to bring a matter to our attention, please contact our Customer Services team in the first instance.
If you have any questions or complaints, please contact our Customer Services team on 02039250391 between the hours of 9.00 am to 5.00 pm (British Standard Time ) Monday to Friday.