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Terms & Conditions

Last Updated: 14 March 2017

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by us through this website, AsianDukan. Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from Our site. You will be required to read and accept these Terms and Conditions when ordering Goods. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods through Our Site. These Terms and Conditions, as well as any and all Contracts are in the English language only.

Information About Us

Our site, AsianDukan, is operated by Patel Brothers whose registered address is 187-189 Upper Tooting Road, London, SW17 7TG.

1. Access to and Use of Our Site

1.1 Access to Our Site is free of charge and in accordance with these conditions and any orders placed in accordance with these conditions.

1.2 Your use of the site is subject to these conditions. By using the site, you will be deemed to have accepted and agreed to be bound by these conditions.

2. Our Rights

2.1 We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.

2.2 We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

2.3 We may make changes to our conditions from time to time and update accordingly.

2.4 Protect our Intellectual Property rights, including:

2.4.1 All Copy Right, Trademarks and all Intellectual Property rights which form part of this website shall remain our property.

2.4.2 You agree not to copy, reproduce, publish, display or recreate any part of our website, unless you have our authorisation.

2.5 If you have found to be in breach of clause 2.4, we reserve the right to claim damages against you.

3. Goods, Pricing and Availability

3.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:

3.2.1 Images of Goods 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 and lighting conditions. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.

3.2.2 Packaging colours may vary in colour from size to size.

3.2.3 Product manufactures may time to time change packaging and ingredients, without notice, we will however try to keep all updated images and information of all the products we sell through our website.

3.2 Where appropriate, you may be required to select the required size and quantity of the Goods that you are purchasing.

3.3 We neither represent nor warrant that Goods will be available. Stock indications are not provided on Our Site. We will however inform you by email of this and when you may receive the goods.

3.4 We make all reasonable efforts to ensure that all prices shown on Our 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. All pricing information is reviewed and updated every day.

3.5 All prices are checked by us when We process your Order. In the unlikely event that we have shown incorrect pricing information, please note the following:

3.5.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within 3 working days, We will treat your Order as cancelled and notify you of the same in writing.

3.5.2 In the event that the price of Goods you have ordered changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

3.6 All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Delivery charges are not included in the price of Goods on Our Site. For more information on delivery charges, please refer to Delivery Options. Delivery options and related charges will be presented to you as part of the order process.

4. Orders

4.1 Our Site will guide you through the ordering process. Before submitting your Order to Us 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.

4.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you a Dispatch Confirmation by email. Only once we have sent you a Dispatch Confirmation will there be a legally binding Contract between us and you.

4.3 Our maximum delivery weight will not be more than 30kg, which is Parcel Force agreed limit per parcel. Total goods and products allowance therefore will be 27kg allowing 3kg for the use of packaging.

4.4 If any order succeeds 27kg, further delivery charges for a second parcel will be applied at checkout.

4.5 Dispatch Confirmations shall contain the following information:

4.5.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

4.5.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges.

4.5.3 If we, for any reason, do not accept or cannot fulfil your Order, you will be notified by email. If we have taken payment any such sums will be refunded to you as soon as possible and in any event within 5 working days.

5. Payment

5.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.

5.2 We do not hold any payment information on our sites, you will be directed to either PayPal or PaymentSense (Debit/Credit Cards or American Express)

5.3 Once you have completed payment, goods will only be dispatched when the funds are cleared.

5.4 In case of a refund, we will issue the refund to the same payment method.

6. Delivery, Risk and Ownership

6.1 Our preferred method of transport is Parcel Force & Royal Mail

6.2 All Goods purchased through Our Site will normally be delivered within 3 working days of the date of Our Dispatch Confirmation unless otherwise agreed (subject to delays caused by events outside of Our control).

6.3 In the unlikely event that we fail to deliver the Goods within 14 calendar days of Our dispatch confirmation, if any of the following apply you may cancel your Order immediately:

6.3.1 We have refused to deliver your Goods; or

6.3.2 In light of all relevant circumstances, delivery within that time period was essential; or

6.3.3 You told Us when ordering the Goods that delivery within that time period was essential.

6.4 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 cancel your Order.

6.5 Delivery shall be deemed complete once We have delivered the Goods to the address including, where relevant, any alternative address provided in your Order.

6.6 The risk in the Goods shall remain with Us until they come into your physical possession.

7. Faulty, Damaged or Incorrect Goods

7.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information.

7.2 If any Goods you have purchased do not comply and, for example, have defects or are damaged when you receive them, or if you receive incorrect Goods, please contact Us with photo images, as soon as possible to inform Us of the defect, fault, damage or error, and to arrange for a refund or replacement.

7.3 Please note that you will not be eligible to claim if We informed you of the fault(s), damage or other problems with the Goods before your we send them out (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.

8. International Customers

8.1 If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.

8.2 We are not responsible for such charges and We undertake to make no calculations or estimates in this regard.

8.3 If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.

8.4 Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.

9. Cancelling and Returning Goods

9.1 If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.

9.2 If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.

9.3 If you wish to cancel and return goods, please contact us by email or phone. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and Services.

9.4 We will ask you to return the goods at your cost, please keep proof of posting. We will not be liable for goods that are either damaged or lost through transport.

9.5 If you have received faulty or damaged goods, please contact us within 24 hours of receiving the items, we will require photographic evidence to support your claim.

9.6 You can return goods (unopened) to us within 14 days of receipt. We will inspect the products, provide replacements or refund the purchase price less any handling charge.

9.7 Please note that you may lose your legal right to cancel in the following circumstances:

9.7.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;

9.7.2 Please ensure that you return Goods to Us no more than 14 calendar days of receipt of the goods.

9.8 Refunds will be issued to you within 48 hours of us receiving the goods

10. Guarantee

10.1 Where We are not the manufacturer of the Goods, the Goods are provided with a manufacturer’s guarantee and best before date. For further details and terms, please refer to the manufacturer’s guarantee labelling on the Goods.

10.2 The manufacturer’s guarantee exists in addition to your legal rights as a consumer (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose). More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

11. Our Liability to Consumers

11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions 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.

11.2 We only supply Goods for domestic and private use by consumers. We make no warranty or representation that the Goods 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.

11.3 Nothing in these Terms and Conditions 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.

11.4 Nothing in these Terms and Conditions 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.

12. Law and Jurisdiction

12.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

12.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

12.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Communication and Contact Details

If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0208 767 6338, by email at [email protected] post at 187-189 Upper Tooting Road, London, SW17 7TG.