Terms of Sale

AyurVeda.World Terms of Sale

BACKGROUND:

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by us to consumers through www.AyurVeda.World (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods or Services from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods or Services. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods or Services through Our Site.

These Terms of Sale, as well as any and all Contracts are in the English language only.

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 Goods or Services via Our Site, as further explained in clause 8.
“Goods” means the goods sold by us through Our Site.
“Goodwill Guarantee” means the goodwill guarantee offered by AyurVeda.World, the trading name of Maharishi Ayurveda Limited, a company registered in England under 13073905, whose registered address is Maharishi Peace Palace, Rendlesham, Woodbridge, Suffolk, UK IP12 2GX, which exists to enhance the legal rights of Our customers in the United Kingdom to change their mind and return Goods to us. For more on our Goodwill Guarantee see clauses 10 and 11.
“Order” means your order for Goods or Services.
“Order Confirmation” means Our acceptance and confirmation of your Order.
“Order Form” means an order form, submitted to us via Our Site, requesting Goods or Services.
“Order Number” means the reference number for your Order.
“Services” means the services sold by us through Our Site.
“We”, “us” and “Our” refer to AyurVeda.World, the trading name of Maharishi Ayurveda Limited, a company registered in England under 13073905, whose registered address is Maharishi Peace Palace, Rendlesham, Woodbridge, Suffolk, UK IP12 2GX. Our VAT number is 438 8723 55.

1. Information About us

1.1 Our Site, www.AyurVeda.World, is owned and operated by Maharishi Ayurveda Limited, a company registered in England under 13073905, whose registered address is Maharishi Peace Palace, Rendlesham, Woodbridge, Suffolk, UK IP12 2GX. Our VAT number is 438 8723 55.
1.2 We are a member of the Ayurveda Trade Association.

2. Access to and Use of Our Site

2.1 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.2 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. 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 Use of Our Site is subject to Our Terms of Use. Please ensure that you have read them carefully.

3. Age Restrictions

Consumers may only purchase Goods through Our Site if they are at least 16 years of age.

4. Business Customers

These Terms of Sale do not apply to customers purchasing Goods or Services in the course of business. If you are a business customer, please contact customer services by email: trade@ayurveda.world or by telephone on 03330 42 42 42.

5. International Customers

We accept Orders from, and deliver to, customers outside the United Kingdom. Any Orders that we cannot accept or fulfil will be dealt with under clause 7 and we will let you know as soon as possible.

6. Goods, Services Pricing and Availability

Any samples, drawings or advertising produced by us and any descriptions or illustrations contained on Our Site or in Our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods or Services referred to in them. They shall not form part of the Contract nor have any contractual force.

7. Orders – How Contracts Are Formed

7.1 When you wish to place an Order, you shall submit an Order Form. Please ensure that you have checked your Order carefully before submitting it.
7.2 The Order shall only be deemed to be accepted when we issue a written acceptance of the Order by email, at which point the Contract shall come into existence.
7.3 In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing and refund any sums you have paid.
7.4 We may, at Our sole discretion, accept amendments to an Order after acceptance.

8. Payment

8.1 Payment for Goods and related delivery charges must be made when you are prompted to pay during the Order process.
8.2 We accept the following methods of payment on Our Site:
8.2.1 By Credit or Debit Card (Visa, Mastercard, American Express); and
8.2.2 By PayPal.
8.3 If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

9. Delivery, Risk and Ownership

9.1 All Goods purchased through Our 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 13).
9.2 If We are unable to deliver the Goods on the delivery date, the following will apply:
9.2.1 If no one is available at your delivery address to receive the Goods and the Goods cannot be posted through your letterbox or left in a safe place nominated by you, We will leave a delivery note explaining how to rearrange delivery or where to collect the Goods.
9.2.2 If you do not collect the Goods or rearrange delivery within 14 calendar 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 Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
9.2.3 In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-clause 9.1 or 9.2), if any of the following apply you may treat the Contract as being at an end immediately:
(a) We have refused to deliver your Goods; or
(b) In light of all relevant circumstances, delivery within that time period was essential; or
(c) You told us when ordering the Goods that delivery within that time period was essential.
9.3 If you do not wish to cancel under sub-clause 9.2, or if none of the specified circumstances apply at sub-clause 9.2.3, 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.
9.4 You may cancel all or part of your Order under sub-Clauses 9.2.2 or 9.2.3 provided that separating the Goods in your Order would not significantly reduce their value. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 7 calendar days. Please note that if any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection. In either case, We will bear the cost of returning the cancelled Goods. We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.
9.5 Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.
9.6 Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
9.7 Any refunds due under this clause 9 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

10. Faulty, Damaged or Incorrect Goods

10.1 We warrant that on delivery, the Goods shall:
10.1.1 conform in all material respects with their description; and
10.1.2 be free from material defects in design, material and workmanship.
10.2 Subject to clause 10.8, if:
10.2.1 you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.1;
10.2.2 We are given a reasonable opportunity of examining such Goods; and
10.2.3 If, at Our request, you return such Goods to the Our place of business at the Our cost,
10.3 We shall, at Our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
10.4 We shall not be liable for the Goods’ failure to comply with the warranty set out in clause 10.1 if:
10.4.1 you make any further use of such Goods after giving notice in accordance with clause 10.2;
10.4.2 the defect arises because you did not follow Our written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
10.4.3 the defect arises as a result of us following any drawing, design or specification which you have supplied;
10.4.4 you alter or repair such Goods without Our written consent;
10.4.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
10.4.6 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
10.5 If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please write to: aftersales@ayurveda.world as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.
10.6 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.
10.7 If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
10.8 If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.
10.9 Within a period of six years after you have received the Goods (and ownership of them), if the Goods 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 Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery. We have summarised some of your legal rights at the end of this clause.
10.10 Please note that you will not be eligible to claim under this clause 10 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (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. Please also note that you may not return Goods to us under this clause 10 merely because you have changed your mind. If you are a consumer in the UK or European Union you have a legal right to a 14 calendar day cooling-off period, which is further supplemented by Our Goodwill Guarantee, bringing it to a total of 30 calendar days, within which you can return Goods for this reason. Please go to clause 11 for more details.
10.11 To return Goods to us for any reason under this clause 10, please contact us in one of the following ways to arrange for a collection and return:
10.11.1 By email, addressed to aftersales@ayurveda.world.
10.11.2 By contacting us by telephone on 03330 42 42 42.
10.11.3 By following any instructions send with your Goods delivery.
10.12 Refunds (whether full or partial, including reductions in price) under this clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
10.13 Any and all refunds issued under this clause 10 will include all delivery costs paid by you when the Goods were originally purchased.
10.14 Refunds under this clause 10 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

Summary of your key legal rights
You have rights if there is something wrong with your products purchased from Our Site.
Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk
If your product is Goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get a refund.
Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you’re entitled to a repair or a replacement.
If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is Services, for example a consultation booked via Our Site, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a Service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
If a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable.
If a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

11. Cancelling and Returning Goods or Services if You Change Your Mind

11.1 By law, you have a right to cancel the Contract for any reason before, and within 14 days of:
11.1.1 the day we deliver your product, if it is Goods. If the Goods are split into several deliveries over different days, the period runs from the day after the last delivery.
11.1.2 the day we confirm we have accepted your order, if it is for a Service, for example a consultation session.
11.1.3 the day we confirm we have accepted your order, if it is for digital content for download or streaming, although you can’t change your mind about digital content once we have started providing it.
11.2 We offer a further Goodwill Guarantee for Goods which extends the cancellation period for Goods being delivered to you in a single instalment (whether single or multiple items), and Goods being delivered in separate instalments on separate days, to 30 whole calendar days from the day on which you (or someone you nominate) receive(s) the Goods.
11.3 If you wish to exercise your right to cancel under this clause 11, you must inform us of your decision within the cooling-off period (as extended by Our Goodwill Guarantee) by contacting us via any of the methods set out in clause 10.11 or following any instructions received with your Order.
11.4 Please note that you may lose your legal right to cancel under this clause 11 in the following circumstances:
11.4.1 If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
11.4.2 digital products, after you have started to download or stream these;
11.4.3 services, once these have been completed;
11.4.4 Goods that are made to your specifications or are clearly personalised;
11.4.5 Goods which become mixed inseparably with other items after their delivery.
11.4.6 If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;
11.4.7 If the Goods are likely to deteriorate quickly, for example, flowers or food;
11.4.8 You fail to return the Goods to us in accordance with any instructions received with your Order; or
11.4.9 You fail to return the Goods to us within the time periods set out in this clause 11.
11.5 You may request that We collect the Goods from you. Please ensure that the Goods are ready for collection at the agreed time and location. To arrange for a collection and return you can contact us via any of the methods set out in clause 10.11.
11.6 You may return Goods to us in person during Our business hours of Monday to Friday 9:00 am to 5:00 pm or you may return them by post or another suitable delivery service of your choice to Our address at AyurVeda.World / Fodabox, Unit 10. Quadrant Park, Welwyn Garden City, AL7 1FS, UK.
11.7 You must bear the costs of returning Goods to us if cancelling under this clause 11. We will also charge you the direct cost to us of collection if you request that We collect the Goods from you. The cost of returning Goods to us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.
11.8 Refunds under this clause 11 will be issued to you within 14 calendar days of the following:
11.8.1 The day on which We receive the Goods back; or
11.8.2 If We are collecting the Goods under sub-Clause 11.5, the day on which you inform us that you wish to cancel the Contract; or
11.8.3 If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract.
11.9 Refunds under this clause 11 may be subject to deductions in the following circumstances:
11.10 Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.
11.11 To exercise the right to cancel a Contract or Services and/or return Goods you must inform us at aftersales@ayurveda.world or by following any instructions sent with the relevant Goods.
11.12 To meet the cancellation deadline set out in clause 11.1, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
11.13 If you cancel this Contract, we will reimburse to you all payments received from you.
11.14 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract.
11.15 Refunds under this clause 11 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

12. Our Liability to Consumers

12.1 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.
12.2 We only supply goods for domestic and private use by consumers under these Terms of Sale. 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.
12.3 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.
12.4 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, and see the information given on some of your legal rights at clause 11.

13. Events Outside of Our Control (Force Majeure)

13.1 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), pandemic, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
13.3 We will inform you as soon as is reasonably possible;
13.4 We will take all reasonable steps to minimise the delay;
13.5 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;
13.6 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
13.7 If the event outside of Our control continues for more than 30 calendar 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 7 calendar days of the date on which the Contract is cancelled;
13.8 If an event outside of Our control occurs and continues for more than 30 calendar 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 a method provided in clause 10.11.
13.9 In each case, please provide 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 and in any event within 7 calendar days of the date on which the Contract is cancelled.

14. Complaints and Feedback

14.1 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.
14.2 If you wish to complain about any aspect of your dealings with us, please contact us in one of the following ways:
14.2.1 By email, addressed to support@ayurveda.world;
14.2.2 By contacting us by telephone on 03330 42 42 42.

15. How We Use Your Personal Information (Data Protection)

15.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the UK GDPR as defined under Our Privacy Policy. Please refer to Our Privacy Policy.
15.2 We may use your personal information to:
15.2.1 Provide Our Goods and Services to you;
15.2.2 Process your Order (including payment) for the Goods or Services; and
15.2.3 Inform you of new products and/or services available from us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
15.3 We will not pass on your personal information to any third parties without first obtaining your express permission.

16. Other Important Terms

16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
16.5 No failure or delay by us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
16.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 7 calendar days of your cancellation.

17. Law and Jurisdiction

17.1 These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in sub-clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (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.