Terms and Conditions of LA CEYLON SPICE PVT LTD

These Terms govern

• the use of this website, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way.

The consumer must read this document carefully.

This Website is provided by:

LA CEYLON SPICE PVT LTD

·  117 B, YODAYAKANATTA ROAD, ALWIS TOWN,HENDALA, WATTALA. SRI LANKA.

·  Mobile Number: 0094 77 888 7551

What the consumer should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of consumers. In particular, certain provisions may only apply to Consumers or to those consumers that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all consumers.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Website.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Website, consumers confirm to meet the following requirements:

• There are no restrictions for consumers in terms of being Consumers or Business consumers;

Account registration

To use the product consumers must register or create a consumer account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the product.

consumers are responsible for keeping their login credentials confidential and safe. For this reason, consumers are also required to choose passwords that meet the highest standards of strength permitted by this Website.

By registering, consumers agree to be fully responsible for all activities that occur under their consumername and password.
consumers are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to consumer accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

consumers can terminate their account and stop using the product at any time by doing the following:

• By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, consumer accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of consumer accounts shall not entitle consumers to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the consumer does not exempt the consumer from paying any applicable fees or prices.

Content on this Website

Unless where otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of consumers to enforce their rights, consumers are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Website – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

consumers may not therefore use such content in any way that is not necessary or implicit in the proper use of the product.

In particular, but without limitation, consumers may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the consumer or their device, even without the consumer’s knowledge.

Where explicitly stated on this Website, the consumer may download, copy and/or share some content available through this Website for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by consumers

The Owner allows consumers to upload, share or provide their own content to this Website.

By providing content to this Website, consumers confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Rights regarding content provided by consumers

consumers acknowledge and accept that by providing their own content on this Website they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Website as contractually required.

To the extent permitted by applicable law, consumers waive any moral rights in connection with content they provide to this Website.

consumers acknowledge, accept and confirm that all content they provide through this Website is provided subject to the same general conditions set forth for content on this Website.

Liability for provided content

consumers are solely liable for any content they upload, post, share, or provide through this Website. consumers acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading consumer access to this Website:

• if any complaint based on such content is received;
• if a notice of infringement of intellectual property rights is received;
• upon order of a public authority; or
• where the Owner is made aware that the content, while being accessible via this Website, may represent a risk for consumers, third parties and/or the availability of the product.

The removal, deletion, blocking or rectification of content shall not entitle consumers that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
consumers agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.

Access to external resources

Through this Website consumers may have access to external resources provided by third parties. consumers acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Acceptable use

This Website and the product may only be used within the scope of what they are provided for, under these Terms and applicable law.

consumers are solely responsible for making sure that their use of this Website and/or the product violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying consumers access to this Website or the product, terminating contracts, reporting any misconduct performed through this Website or the product to the competent authorities – such as judicial or administrative authorities – whenever consumers engage or are suspected to engage in any of the following activities:

• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Website, as part of the product, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Website.

Product description

Prices, descriptions or availability of Products are outlined in the respective sections of this Website and are subject to change without notice.

While Products on this Website are presented with the greatest accuracy technically possible, representation on this Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process.

The purchasing process includes these steps:

• consumers must choose the desired Product and verify their purchase selection.
• After having reviewed the information displayed in the purchase selection, consumers may place the order by submitting it.

Order acceptance

• Unless the order receipt expressly includes the acceptance of the order, in which case the contract is therefore then entered into, the purchase contract is entered into at the moment the consumer receives the communication of order acceptance.
• Subject to availability and to the Owner’s discretion, the order shall be accepted without undue delay.
• If the order is not accepted, the Owner shall issue a refund.

The rejection of an order shall not entitle the consumer to bring any claim against the Owner, including compensation for damages.

All notifications related to the described purchasing process shall be sent to the email address provided by the consumer for such purposes.

Prices

consumers are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on this Website are displayed:

• either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the consumer is browsing.

Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Website.

All payments are independently processed through third-party products. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment product provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the consumer.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the consumer’s property.

Retention of usage rights

consumers do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Liability and indemnification

Disclaimer of Warranties

This Website is provided strictly on an “as is” and “as available” basis. Use of the product is at consumers’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by consumer from owner or through the product will create any warranty not expressly stated herein.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or product advertised or offered by a third party through the product or any hyperlinked website or product, and the Owner shall not be a party to or in any way monitor any transaction between consumers and third-party providers of products or products.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Indemnification

The consumer agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

• consumer’s use of and access to the product, including any data or content transmitted or received by consumer;
• consumer’s violation of these terms, including, but not limited to, consumer’s breach of any of the representations and warranties set forth in these terms;
• consumer’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• consumer’s violation of any statutory law, rule, or regulation;
• any content that is submitted from consumer’s account, including third party access with consumer’s unique consumername, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• consumer’s wilful misconduct; or
• statutory provision by consumer or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

product reselling

consumers may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its product without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, consumers may refer to the privacy policy of this Website.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, product marks, word marks, illustrations, images, or logos appearing in connection with this Website are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

 

 

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the consumer of these changes.

Such changes will only affect the relationship with the consumer for the future.

The continued use of the product will signify the consumer’s acceptance of the revised Terms. If consumers do not wish to be bound by the changes, they must stop using the product. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the consumer’s acceptance. The consumer can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Contacts

All communications relating to the use of this Website must be sent using the contact information stated in this document.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Dispute resolution

Amicable dispute resolution

consumers may bring any disputes to the Owner who will try to resolve them amicably.

While consumers’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the product, consumers are kindly asked to contact the Owner at the contact details provided in this document.

The consumer may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.