Terms and Conditions

This page (together with the documents referred to on it) sets out the terms and conditions on which Vamaya will deliver to you the products (Products) listed on our website www.vamaya.co.uk (our site) via one of our ordering or subscription services (Services). Please read these terms and conditions carefully before ordering any Products from our site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. Please tick the checkbox in the shopping cart to accept these terms and conditions. Please note that ordering products or subscribing to our services from our site will be deemed as acceptance of these terms.

1. ABOUT US
1.1 We are Vamaya LTD, a Private Limited Company registered in the UK with Company number 120052701.
1.2 Vamaya operates the website www.vamaya.co.uk.
 
2. SERVICE AVAILABILITY
2.1 Vamaya's Services are only intended for people residing in England. We do not accept orders from individuals outside the Serviced Area.
 
3. YOUR STATUS
3.1 By placing an order through the Site, you warrant that:
- 3.1.1 you are legally capable of entering into binding contracts;
- 3.1.2 you are at least 18 years old; and
- 3.1.3 you are resident and/or require delivery to the Serviced Area.
 
4. YOUR ACCOUNT
4.1 You will be required to create an account on the Site before subscribing to the Services or placing an order, your username and password will be chosen by you. You are responsible for all actions taken under your chosen username and password.
4.2 By creating an account on the Site you warrant:
- 4.2.1 that all the details you provide are true, accurate, current and complete in all respects;
- 4.2.2 to only create one (1) account and to only use the Site using your own username and password;
- 4.2.3 not to disclose your password to anyone and to make every effort to keep your password safe;
- 4.2.4 to change your password immediately upon discovering that your account has been compromised; and
- 4.2.5 to notify us if you suspect someone has accessed your account without permission.
4.3 Vamaya reserves the right to terminate your account and to suspend or terminate your access to the Site immediately and without notice to you if:
- 4.3.1 you breach these Terms;
- 4.3.2 you are impersonating any other person or entity;
- 4.3.3 when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
- 4.3.4 Vamaya suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation to the Site.

5. ORDER PROCESS
5.1 After ordering or signing up for re-occurring subscription plan on the Site, you will receive an e-mail acknowledging that we have received your order. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and Vamaya will confirm such acceptance to you by sending you an e-mail confirmation that then product has been dispatched.
5.2 The contract between us (Contract) will only be formed after Vamaya have notified you that your product has been dispatched. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.  
5.3 The subscription plan to our Services consist of an initial charge followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation (pausing or cancelling the subscription).
5.4 By subscribing to our Subscription plan you are agreeing to pay recurring periodic subscriptions for an indefinite or defined time until cancellation by you or us. You can pause or cancel your subscription at any time, however you must do so by 10 PM Friday the week before your delivery. You will not be charged for pausing or cancelling your subscription. You can re-subscribe your paused subscription anytime but cannot re-subscribe your cancelled subscription. You will need to create a new order if you have previously cancelled your subscription. Pausing or cancelling your subscription is really simple. Just go to your subscriptions section, choose the subscription you want to pause or cancel, click on the Pause or cancel buttons within the subscription status panel.
5.5 Vamaya reserves the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
5.6 Unless otherwise indicated during the order process, payment can be made by any credit or debit card as identified on the order form.
5.7 Should a payment to Vamaya be requested to be returned by your bank, Vamaya reserve the right to charge you a fee for the returned payment.
5.8 When you pay for your order by card, you will be transferred to a 3rd party payment gateway provider 'Stripe' to carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and carrying out certain checks for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. By entering placing an order with us you are giving us permission to carrying out these checks.

6. CANCELLATION AND CONSUMER RIGHTS
6.1 By entering into these Terms you acknowledge that there is no automatic right to a refund where you wish to cancel your subscription for the Services.
6.2 Exemption - Pursuant to regulation 27(1)(c) of the Consumer Contracts (Information, deactivation and Additional Charges) Regulations 2013, contracts for the supply of goods are exempt from the right to withdrawal if those goods are liable to deteriorate or expire rapidly. For the avoidance of doubt, delivery Bags containing freshly prepared meals, juices and ingredients are exempt from the right to withdraw.
6.3 If you are unhappy with your Food for a legitimate reason such as:
- 6.3.1 missing Food; or
- 6.3.2 failure of Food to arrive. Vamaya MAY provide a refund or other compensation as appropriate as long as it can be shown that the meal you were charged for was not provided as it should have been. Any refunds or compensation will be provided at Vamaya's sole discretion.
 
7. AVAILABILITY AND DELIVERY
7.1 You are able to choose which days you want food to be delivered. Vamaya delivers your food as per the date you have chosen.
7.2 The Food will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
7.3 Delivery windows stated by Vamaya are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver your meals at any point on the day of delivery set out in the dispatch confirmation. This will in no way form part of the Contract and failure to deliver at such time will not constitute breach of these Terms. For the avoidance of any doubt, where the meals are delivered in accordance with your instructions and subsequently goes missing:
- 7.3.1 this will be regarded as a successful delivery.
7.4 It is accepted that anyone at the delivery address is entitled to accept delivery, unless you have provided explicit instructions to the contrary.
7.5 The driver will take reasonable steps to deliver the food to you. If you feel that your delivery will require special instructions (such as gaining access to secure parts of your home or any other building or a neighbour or any other safe spot in order to deliver your food), please notify us of this at the time of placing your order.
-7.5.1 You will be notified of such delivery to a neighbour by delivery notice or via email.
-7.5.2 You are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by you. Vamaya is not obliged to review the safe spot as to its general suitability.
7.6 If neither a personal handover nor a delivery to a neighbour is possible, you will be in default of acceptance. Vamaya will not attempt a further delivery. You are obliged to bear all expenses related to aforesaid default of acceptance.
7.7 Vamaya’s obligation to deliver the meal shall be fulfilled once the driver delivers the box at the safe spot specified by you or the box is considered safe by the driver.

8. RISK AND TITLE
8.1 The Food will be at your risk from the time of delivery.
8.2 Ownership of the Food will pass to you upon delivery after Vamaya have received full payment of all sums due in respect of the Food.
8.3 Refusal of the meal does not negate the charge, Vamaya will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised driver.
8.4 Neither Vamaya nor Delivery Driver shall be deemed responsible for any theft of the Food from the delivery address.
8.5 If you suspect that your Food has been stolen from the delivery address please contact us immediately so Vamaya can discuss alternative delivery arrangements. Until such alternative arrangements are made, Vamaya reserve the right to suspend your order until suitable new arrangements have been made.
8.6 Vamaya expressly disclaims all liability which may arise by virtue of the Food being left unattended for a period of time after delivery. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled.

9. PRICE AND PAYMENT
9.1 The price of the Food and Vamaya delivery charges will be as quoted on the Site from time to time.
9.2 Where additional delivery costs are applicable, these costs will be clearly indicated during the order process.
9.3 Vamaya reserve the right to increase the price of the Food to reflect any increase in the cost to us due to any factor beyond Vamaya’s control (such as, and without limitation, the cost of transporting the Food to your address, any foreign exchange fluctuation, increases in the cost of raw ingredients, increases in the costs of labour, materials or other costs of manufacture).

10. WARRANTIES
10.1 Vamaya warrants that any Food purchased from us through our Site will, on delivery; conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Food of that kind is commonly supplied.
10.2 You warrant that any and all of the Food ordered by you is for your personal use only and not for resale unless agreed with us.

11. LIABILITY
11.1 If Vamaya fails to comply with these Terms, Vamaya shall only be liable to you for the purchase price of the Food for the particular order in which the loss or damage occurred.
11.2 Vamaya will not accept liability for any loss or damage that is not foreseeable.
11.3 Nothing in this agreement excludes or limits Vamaya’s liability for:
- 11.3.1 death or personal injury resulting from negligence;
- 11.3.2 fraud or fraudulent misrepresentation;
- 11.3.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- 11.3.4 Defective Food under the Consumer Protection Act 1987; or
- 11.3.5 for any other matter in respect of which liability cannot by applicable law be limited or excluded.
11.4 Vamaya attempts to identify ingredients that may cause allergic reactions for those with food allergies. However, there is always a risk of contamination. Customers concerned with food allergies need to be aware of this risk. Please be aware that Vamaya’s facility prepares foods and uses ingredients that contain nuts or nut oil, shellfish, dairy and poultry.
11.5 Vamaya make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Site or that it will be timely or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs.
11.6 Vamaya cannot guarantee and cannot be responsible for the security or privacy of the Site and any information provided by you. In particular, Vamaya will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Site or you downloading any material posted or sold on the Site or from any website linked to it.
11.7 You agree to fully indemnify, defend and hold us, and Vamaya’s officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of the Site.
11.8 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

12. COMPLAINTS
12.1 If you have a comment, concern or complaint about any Food you have purchased from us, please contact us via email at hello@vamaya.co.uk or by using our 'Contact Us' form on the website.

13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 Vamaya may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Vamaya's rights or obligations arising under it, at any time during the term of the Contract.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
 
14. INTELLECTUAL PROPERTY RIGHTS
14.1 Vamaya is the owner or the licensee of all intellectual property rights in the Site (including Vamaya logo), whether registered or unregistered, and in the material published on it.
14.2 Food sold by us and Site content may be subject to copyright, trademark or other intellectual property rights. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
14.3 If you post comments on our Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

15. EVENTS OUTSIDE VAMAYA'S CONTROL
15.1 Vamaya will not be liable or responsible for any failure to perform, or delay in performance of, any of Vamaya's obligations under a Contract that is caused by events outside Vamaya’s reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Vamaya’s reasonable control and includes in particular (without limitation) the following:
- 15.2.1 Strikes, lock-outs or other industrial action;
- 15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 15.2.5 Impossibility of the use of public or private telecommunications networks; and/ or
- 15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Vamaya’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and Vamaya will have an extension of time for performance for the duration of that period. Vamaya will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Vamaya obligations under the Contract may be performed despite the Force Majeure Event.

16. PRIVACY
16.1 Vamaya shall be entitled to process your data in accordance with the terms of Vamaya's Privacy Policy. All information provided by you will be treated securely and in accordance with the General Data Protection Regulation.
You can find full details of Vamaya’s Privacy Policy on the Site.

17. WAIVER
17.1 Any failure to exercise or any delay in exercising a right or remedy provided by this Agreement or at law or in equity (and/or the continued performance of this Agreement) shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of this Agreement must be in writing and shall not constitute a waiver of any other breach and shall not affect the other terms of this Agreement.
17.2 The rights and remedies provided by this Agreement are cumulative and (except as otherwise provided in this Agreement) are not exclusive of any rights or remedies provided at law or in equity.

18. SEVERANCE
If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain unaffected and in force.

19. ENTIRE AGREEMENT
19.1 These Terms, together with the documents referred to in it, constitute the entire agreement and understanding between us in respect of the matters dealt with in them and supersedes any previous relating to such matters.
19.2 You acknowledge and agree that in entering into this Agreement, and the documents referred to in it, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. The only remedy available for breach of the warranties shall be for breach of contract.
 
20. VARIATION
Vamaya have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting Vamaya’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Vamaya’s system's capabilities.
 
21. LAW AND JURISDICTION
This Agreement, any non-contractual obligations arising out of or in connection with this Agreement and the relationship between the parties, shall be governed by and interpreted in accordance with the laws of England. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this Agreement.