1 Introduction 
1.1        Please read these Terms and Conditions carefully before using the web site operated by Gaya Foods Limited ("Gaya", "our", "we", or "us") Company Number 4673426. By clicking on the "I Accept" button at the end of these Terms and Conditions and/or accessing and/or using the Gaya web site ("Our Web Site") you agree to be legally bound by the Terms and Conditions which may be modified and posted on Our Web Site from time to time. 

1.2     Without prejudice to the above, by clicking on the button marked "I accept" at the end of these Terms and Conditions and/or by using and/or accessing Our Web Site, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to Our Web Site. 

1.3     If you do not wish to be bound by these Terms and Conditions then you may not use Our Web Site.

2 Nature of Our Web Site
2.1     Our Web Site is a place for you to select and order a selection of products (the "Products"). 

2.2     Please note that Our Web Site is available only to individuals who can form legally binding contracts under the applicable law. You must be over 18 years old to purchase the Products, using the payments methods displayed on Our Web Site. If you do not qualify, then click here to leave Our Web Site now. [exit] 

3 Buying Products on Our Web Site 
3.1     To order a Product, you will need to follow the ordering procedures set out on our order page. Details of our prices for the Products and procedures for payment and delivery are displayed on Our Web Site. 

3.2     You must pay by using one of the payment methods available at time of order. The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that current prices are displayed on Our Web Site but the price on your order will need to validate by us as part of the acceptance procedure (see clause 3.8     below). We will inform you if a Product’s correct price is higher than that stated in your order and you may decide whether you wish to proceed at the correct price or cancel your order. The prices are inclusive VAT (when applicable) but exclusive of delivery costs

3.3     Gaya is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the email address you have given us on placing your order. The order will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days. 

3.4     You undertake that all details you provide to us for the purpose of purchasing goods which may be offered by us on Our Web Site will be correct, the credit or debit card and/or bank account details is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services. 

3.5     Delivery of the Products shall be made by us delivering the Products to the address given by you at the time of ordering. 

3.6     Any dates quoted for delivery of the Products are approximate only and we shall not be liable for any delay in delivery of the Products howsoever caused. 

3.7     Where delivery of the Products is to be made by us in bulk, we reserve the right to deliver up to two per cent more or two per cent less than the quantity ordered without any adjustment in the price, and the quantity so delivered shall be deemed to be the quantity ordered. We shall be entitled to deliver the Products in instalments. 

3.8     Risk of damage to or loss of the Products shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Products, the time when we have tendered delivery of the Products. 

4 Returns
4.1     Any claim by you which is based on any defect in the quality or condition of the Products or their failure to correspond with the specification shall (whether or not delivery is refused by you) be notified to us at the date of delivery. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Products and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Products had been delivered in accordance with these Terms and Conditions. 

4.2     Where such defect in the quality or condition of the Products or their failure to meet specification is notified to us in accordance with these Terms and Conditions, we shall be entitled to replace the Products (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Products (or a proportionate part of the price), but we shall have no further liability to you.

5 Modifications to Our Web Site
5.1     We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of Our Web Site or the contents or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content and/or the sale of new products shall be the subject of these Terms and Conditions. 

5.2     Please note that although we try to ensure that the content of Our Web Site is accurate, Our Web Site may contain typographical errors and other inaccuracies. 

6 Information you provide to us
6.1     The following applies to any information you provide to us, for example during any registration or ordering process. 6.1.1     You authorise us to use, store or otherwise process any personal information which relates to you and identifies you, including to but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through Our Web Site by us, our partners, successors (including the purchase of the whole or part of our business), associates, sub-contractors or other third parties. If you would like details of the companies involved in your case these will be provided on request. If you would like to request such information or review or modify any part of your personal information then you should email us at sales@gayafoods.co.uk. 

6.1.2     If you obtain or choose to buy Products through Our Web Site then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters, or post reviews or other messages on the bulletin boards of chat areas, then we may collect this information into a file specific to you. All such information collected by us shall be referred to in these Terms and Conditions as "Personal Information". 

6.1.3     You must ensure that the Personal Information you provide is accurate and complete and that all ordering and/or registration details contain your correct name, address and other requested details. 

6.1.4     All Personal Information is processed in accordance with the Data Protection Act 1988. 

6.2     By accepting these Terms and Conditions you agree to the processing and disclosure of the Personal Information for the purposes set out in 6.1    .2     above. If you would like to review or modify any part of your Personal Information then you should email us at sales@gayafoods.co.uk. 

6.3     In addition, the following also applies to all messages, emails, bulletin board postings, ideas, suggestions, concepts or other material submitted by you to us ("Content"). 

6.3.1     You must own or have the right to submit Content for publication on Our Web Site and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice; 

6.3.2     You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; 

6.3.3     You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; 

6.3.4     We have the right to monitor Content and may edit, reject or remove Content if we believe that it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above. 

6.4     You grant us a non-exclusive, irrevocable, royalty free, world wide licence to publish all Content that you submit to us except any portion of the Content which is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. 

6.5     You warrant and undertake that you will not use Our Web Site for any purpose that is illegal or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these Terms and Conditions then your permission to use Our Web Site terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Terms and Conditions.
 

7 Security
7.1     You are solely responsible in all respects for all use of and for the protecting the confidentiality of any user name, email verification and password that may have been given to you or selected by you for use on Our Web Site. You may not share these with or transfer them to any third party. You must notify Gaya Foods immediately of any unauthorised use of them or any other breach of security regarding Our Web Site that comes to your attention.

8 Applicability of Online Materials
8.1     Unless otherwise specified all content and materials published on Our Web Site are presented solely for your private, personal and non-commercial use. 

8.2     Our Web Site is controlled and operated by us from our offices in England. Where content published on Our Web Site is supplied by third parties, you understand that we do not control or endorse such content in any way. Any content which is offered by third parties that are not affiliated or otherwise connected with us is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on- or off-line) and the use of such content, except for content which relates directly to products you purchase. 

8.3     We have used our best endeavours to ensure that Our Web Site complies with UK law. However, we make no representations that the materials on Our Web Site are appropriate or available for use in locations outside of the UK. Those who visit Our Web Site from other locations do so on their own initiative and are responsible for compliance with all applicable law. If use of Our Web Site and/or viewing of it, or use of any material or content on Our Web Site, or services or products offered through Our Web Site are contrary to or infringe any applicable law in your jurisdiction, you are not authorised to view or use Our Web Site and you must exit immediately. 
8.4     Gaya Foods makes no representation and gives no warranties, express or implied, that making the Products available in any particular jurisdiction outside of the UK is permitted under any non-UK laws or regulations.

9 Copyright and Monitoring 
9.1     The contents of Our Web Site are protected by International Copyright Laws and other Intellectual Property Rights. The owner of these rights is Gaya Ecotrade, its affiliates or other third party licensors. All product and company names and logos mentioned in Our Web Site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from Our Web Site for the sole purpose of placing of an order with Gaya Foods or using Our Web Site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from Our Web Site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent except where expressly invited to do so, for example in order to complete any test or questionnaire.

10 Availability of Our Web Site
10.1     We will try to make Our Web Site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of Our Web Site and, in particular, you must not attempt to circumvent security, tamper with, hack into or otherwise disrupt any computer system, server, web site, router or any other internet connected device. 

11 Liability 
11.1     We promise that for any Product you purchase from Our Web Site: 

11.1.1     we have the right to sell the Product to you; 

11.1.2     the Product will correspond to the description we have given to you; 

11.1.3     the Product will be of satisfactory quality; 

11.1.4     the Product will be fit for the purpose notified to you by Gaya Foods. Subject to this, however, Products are not sold as being for any particular application or for use under specific conditions, unless expressly agreed in writing. We promise that any service that we provide to you will be provided with reasonable skill and care. We exclude all other express or implied terms and conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), Our Web Site or any information or service provided through Our Web Site. 

11.2     We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct of indirect) in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing use or performance of Our Web Site or its contents other than as a direct result of purchasing products, (which shall be subject to the exclusions and limitations of liability set out in these Terms and Conditions), we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause whether on the part of Gaya Foods or our servants, agents or any other person or entity. 

11.3     If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This does not apply to any liability we have for death or personal injury resulting from our negligence or from our fraudulent misrepresentation. 

11.4     You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use Our Web Site and is compatible with Our Web Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from Our Web Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. 

11.5     The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law. 

12 General 
12.1     We may assign, transfer, novate or sub-contract any or all of our rights and obligations under these Terms and Conditions at any time. 

12.2     We may alter these Terms and Conditions from time to time and post the new version on Our Web Site, following which all use of Our Web Site will be governed by that version. You must check the Terms and Conditions on Our Web Site regularly. 

12.3     These Terms and Conditions together with any order form and payment method instructions, if any, are the whole agreement between you and Gaya Foods. You acknowledge that you have not entered into this agreement in reliance on any statement, warranty or representation made by Gaya Foods or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than fraudulent misrepresentation) that is not contained in the Terms and Conditions, order form and payment method instructions. 

12.4     If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. 

12.5     These Terms and Conditions and your use of Our Web Site are governed by English Law and you submit to the non-exclusive of the English Courts. 

12.6     Except in respect of a payment obligation, neither you nor Gaya Foods will be held liable for any failure to perform any obligation to the other due to causes beyond your or Gaya Foods respective reasonable control. 

12.7     Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that right or obligation. 

13 Notices
13.1     All notices shall be given 

13.1.1     to us via email at sales@gayecotrade.com

13.1.2     to you at either the email or postal address you provide during any ordering process. Notice will be deemed received when an email is received in full (or else from the next business day if it is received on a weekend or public holiday in the place of receipt) or 3 days after the date of posting.