Terms and conditions
This document, along with other referenced documents on this website, sets forth the Terms and Conditions under which we, "Swadesh Bazar Ltd," supply goods to you, "the customer."
The Terms and Conditions outlined herein govern all the purchase of products listed on our website,www.swadeshbazar.co.uk. We urge you to read these Terms carefully before placing any orders. By placing an order on our website and entering into a contract with us, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please refrain from using this website.
The website www.swadeshbazar.co.uk is operated by Swadesh Bazar Ltd, a company registered in England under company number 15409097. Our registered office is located at Unit 1, Opus Business Park 1 Wheaton Road, Witham, Essex, United Kingdom, CM8 3ZL.
These Terms & Conditions explain who we are, how we will provide our online grocery shopping service to you, how you and we can modify or terminate the contract, what steps to take if there is an issue, and other essential information. If you believe there is an error in these Terms or need any modifications, please contact us at info@swadeshbazar.co.uk
We store details of your order along with these Terms and Conditions. After your order has been placed, we will send you an email containing your order details. You can find information about your recent orders in your customer login area. We will assign an order number to you and include it in the confirmation email. Please reference this number whenever you contact us about your order, as it will help us assist you more efficiently.
You can access our Terms and Conditions here at any time, and we recommend printing a copy for your future reference.
No part of this website constitutes a contractual offer that can be accepted. Your order represents a contractual offer, and our acceptance of this offer occurs when we send you a dispatch email confirming that your order has been fulfilled and is on its way to you.
1. Definitions adn Interpretation
In this Agreement the following terms shall have the following meanings:
"Account" | is defined as the collective term for personal information, payment information, and credentials used by users to access paid content and/or any communication systems on the website; |
"Carrier" | refers to any third party responsible for delivering purchased goods from our premises to customers; |
"Content" | is defined as any text, graphic, image, audio, video, software, data compilation, and any other form of information capable of being stored in a computer that appears on, or forms part of this website; |
"Content" | is defined as any products that Swadesh Bazar Ltd advertises and / or makes available for sale through this website; |
"Swadesh Bazar" | is defined as Swadesh Bazar Ltd, of Unit 1, Opus Business Park 1 Wheaton Road, Witham, Essex, United Kingdom, CM8 3ZL; |
"Service" | is defined as collectively any online facilities, tools, services or information that Swadesh Bazar Ltd makes available through the website either now or in the future; |
"Payment Information" | refers to any information necessary for purchasing goods from this website. This includes, but is not limited to, credit/debit card numbers, bank account numbers, and sort codes; |
"Purchase Information" | refers collectively to any orders, invoices, dispatch notes, receipts, or similar documents, whether in hard copy or electronic form; |
"Premises" | is defined as our place(s) of business located at Unit 1, Opus Business Park 1 Wheaton Road, Witham, Essex, United Kingdom, CM8 3ZL; |
"System" | refers to any online communication infrastructure that Swadesh Bazar Ltd provides through its website, both now and in the future. This includes, but is not limited to, web-based email, message boards, and email links; |
"User" / "Users" | refers to any third party that accesses the website and is not employed by Swadesh Bazar Ltd or acting in the course of their employment; and |
"Web Site" | is defined as the website that you are currently reviewing known as www.swadeshbazar.co.uk and any sub-domains of this site, unless expressly excluded by their own terms and conditions. |
2. Age Restrictions
2.1. Persons under the age of 18 should use this website only with the supervision of an adult, i.e. Someone over the age of 18. Payment Information must be provided by or with the permission of an adult.
3. Business Customers
3.1. These Terms and Conditions apply solely to consumers and do not extend to customers purchasing goods for business purposes. Business customers are encouraged to contact us for inquiries via email at info@swadeshbazar.co.uk
4. International Customers
4.1. Swadesh Bazar Ltd is currently supplying England, UK based customers only .
5. Intellectual Property
5.1. Except where uploaded by users, all content featured on the website, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software, is the property of Swadesh Bazar Ltd, our affiliates, or other pertinent third parties, subject to the exceptions outlined in Clause 6 of these Terms and Conditions.
5.2. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.3. You may not reproduce, copy, distribute, store or in any other fashion reuse material from the website unless otherwise indicated on the website or unless given express written permission to do so by Swadesh Bazar Ltd.
6. Third Party Intellectual Property
6.1. Unless expressly indicated otherwise, all intellectual property rights, including but not limited to copyright and trademarks, in product images and descriptions belong to the manufacturers or distributors of those products where applicable.
6.2. You may not reproduce, copy, distribute, store or in any other fashion reuse such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Links to Other websites
7.1. This website may include links to other sites. Unless explicitly stated, these sites are not under the control of Swadesh Bazar Ltd or our affiliates. We take no responsibility for the content of these websites and disclaim liability for any loss or damage resulting from their use.
7.2. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this website
8.1. Individuals wishing to link to this website from other sites may do so to the home page at www.swadeshbazar.co.uk or any of thr deep link (i.e., linking to specific pages within the site) without prior permission.
9. Use of Communications Facilities
9.1. When using the enquiry form or any other system on the website you should do so in accordance with the following rules:
9.1.1. You must not use obscene or vulgar language;
9.1.2. You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3. You must not submit content that is intended to promote or incite violence;
9.1.4. The means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.5. You must not impersonate other people, particularly employees and representatives of Swadesh Bazar Ltd or our affiliates; and
9.1.6. You must not use our system for unauthorised mass-communication such as "spam" or "junk mail".
9.2. You acknowledge that Swadesh Bazar Ltd reserves the right to monitor any and all communications made to us or using our system.
10. Accounts
10.1. To buy goods on this website and access similar facilities, you must create an account. This account will include specific personal details and payment information, which may vary depending on your use of the website. We may not require payment information until you decide to make a purchase. By registering an account for this service, you affirm and warrant that:
10.1.1. all information you submit is accurate and truthful;
10.1.2. you have permission to submit payment Information where permission may be required; and
10.1.3. you will keep this information accurate and up-to-date.
10.2. Creating an account further confirms your representation and warranty. You must promptly update us on any changes to your registration information by updating your personal details. It is essential to provide your real name, address, phone number, email address, and any other necessary details for processing your order.
10.3. Your email address is crucial for us to provide you with important information such as order confirmations and service updates. By registering with Swadesh Bazar Ltd, you agree that your email address may be used for these purposes.
10.4. It is advisable not to share your account details, especially your username and password. Swadesh Bazar bears no responsibility for any losses or damages resulting from the sharing of your account details. If you use a shared computer, it is recommended not to save your account details in your web browser, and it is your responsibility to keep your password secure.
10.5. If you suspect that someone has gained unauthorized access to your account details, you should contact Swadesh Bazar immediately to suspend your account and cancel any unauthorized purchases. Please email our customer service team at info@swadeshbazar.co.uk in such cases. Please note that purchases cannot be canceled once payment has been made. If an unauthorized purchase is dispatched before you notify us, Swadesh Bazar Ltd assumes no liability. However, you may wish to return the products and request a refund. In such case, return policy would apply and you would have to pay the delivery and return fees
10.6. When you save your address, billing information and payment information, you give us the right to store them and use them to fullfil your order.
11. Termination and Cancellation
11.1. We reserve the right to:
11.1.1. Decline a new customer registration or suspend or terminate a customer’s account at any time and at our sole discretion.
11.1.2. Terminate your access to all or part of this service at our absolute discretion, with or without notice.
11.2. Either Swadesh Bazar Ltd or You may terminate your account. If Swadesh Bazar Ltd terminates your account, you will be notified by email and provided with an explanation for the termination. However, we reserve the right to terminate without providing reasons.
11.3. If Swadesh Bazar Ltd terminates your account, any current or pending purchases on your account will be canceled and will not be dispatched.
11.4. Swadesh Bazar Ltd reserves the right to cancel purchases for any reason prior to processing payment and dispatch.
11.5. If purchases are canceled for any reason prior to dispatch, you will be refunded any monies paid in relation to those purchases.
11.6. If you terminate your account, any non-dispatched purchases will be canceled, and you will be refunded any monies paid in relation to those purchases.
12. Goods, Pricing, and Availability
12.1. While every effort has been made to ensure that all graphical representations and descriptions of goods available from Swadesh Bazar Ltd correspond to the actual goods, Swadesh Bazar Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct goods, not different goods altogether. Please refer to Clause 14.1 for incorrect goods.
12.2. All pricing information on the website is correct at the time of going online; however, prices at the time of ordering are guide prices. Swadesh Bazar Ltd reserves the right to change prices and alter or remove any special offers from time to time as necessary. All pricing information is reviewed and updated periodically. Our site contains a large number of goods, and despite our best efforts, some of the goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you.
12.3. Any typographical, clerical, or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice, or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.
12.4. No statement, description, warranty, condition, or recommendation contained on the website, price list, advertisement, communication, or made verbally by any of the agents or employees of the seller shall be construed to enlarge, vary, or override any of these conditions.
12.5. Where appropriate, you may be required to select the required size, model, color, number, or other features of the goods that you are purchasing.
12.6. Swadesh Bazar Ltd does not warrant that such goods will be available. Stock indications are not provided on the website.
12.7. In the event that prices are changed during the period between an order being placed for goods and Swadesh Bazar Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price. We are under no obligation to provide the product to you at the incorrect (lower) price. The company reserves the right to cancel any orders placed at that price and return in full any payment received.
12.8. AIf any purchased product becomes unavailable before dispatch for any reason, we may refund you for that specific product or, may offer alternative product which you may or may nor accept. If alternative product is refused, you would be refunded for the unavailable product. If an suggested alternative product is accepted by you, you may have to may additional charges if the alternative product is more expensive, or you may be entitled for a refund if it is cheaper than the unavailable product.
13. Delivery
13.1. Delivery will be made to the address specified by the customer when completing the online order form. All goods must be signed for by an adult aged 18 years or over.
13.2. The costs of delivery will be as displayed on our website.
13.3. Swadesh Bazar Ltd will notify you via email when your goods are dispatched, corresponding with the convenient delivery slot you chose at checkout. Please note that delivery and collection times are subject to availability.
13.4. Swadesh Bazar Ltd will make reasonable efforts to meet the agreed delivery date. Please note that we do not refund delivery charges if there is a delay caused by a third-party carrier.
13.5. If no one is available to receive the grocery delivery at the specified address at the scheduled delivery time, we reserve the right to return your order to our store and charge a delivery fee for re-delivery.
14. Returns and Cancellations Policy
14.1. Swadesh Bazar Ltd aims to always provide high-quality goods that are fault-free and undamaged. Occasionally, however, goods may need to be returned. Returns are governed by these Terms and Conditions.
14.2. If you receive goods that do not match your order, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes, and outlining your options, you should contact us within 24 hours to arrange collection and return. For all non-perishable items, Swadesh Bazar Ltd will endeavor to dispatch products with a minimum expiry date of sixty days from the date of delivery mentioned on the customer’s invoice. Swadesh Bazar Ltd is not responsible for paying shipment costs for postal deliveries for any returned items. You will have the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used when purchasing the goods. Refunds and replacements will be issued upon our receipt of the returned goods.
14.3. If any perishable goods you have purchased have faults when delivered, you should contact Swadesh Bazar Ltd within 12 hours to arrange collection and return. Goods must be returned in their original condition with all packaging. Upon receipt of the returned goods, the price paid by you will be refunded through the payment method used when purchasing the goods. Under the Consumer Rights Act 2015, perishable goods are not entitled to the statutory 30-day right to reject. The time limit for such goods is determined by how long it is reasonable to expect the goods to last, for example, by the ‘use by date’. This example is not exhaustive.
14.4. If the goods are not perishable, this is a summary of your key legal rights for faulty goods. For detailed information, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. For further details on our Returns Policy, please review the returns policy section of our website.
14.4.1. 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, you can get an immediate refund.
- up to six months: if your goods can't be repaired or replaced, 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.
14.5.If any goods are not considered perishable and develop faults within their warranty period, you are entitled to a repair or replacement at our discretion under the terms of that warranty.
14.6.If goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note indicating the goods are damaged.You should report such damage to Swadesh Bazar Ltd within 24 hours and arrange collection and return.Upon receipt of the returned goods, the price paid by you will be refunded through the payment method used when purchasing the goods.
14.7.If the goods have been dispatched or delivered, but you have changed your mind, please give written notice of your wish to return the goods to Swadesh Bazar Ltd within 14 working days of receipt.You will not be entitled to this cancellation period if the item is considered something that deteriorates quickly, has a limited expiration date, or is frozen food.These non - refundable goods are defined under the term “perishable food and drink.” For health and hygiene reasons, the following items sealed for protection reasons will be deemed as used if unwrapped: Personal grooming products(e.g., hair accessories and styling products, shavers, waxing kits, electric toothbrushes, etc.) and will therefore be unable to be returned if not in their original unused condition.Cancellation will be accepted only upon the customer’s written consent.We request that you send the products back to our warehouse as soon as possible after cancellation.The consumer has a duty of care for the products during the cancellation period.You are responsible for paying shipment costs if goods are returned for this reason.For further information, please refer to our cancellation policy section of the website.
14.8.Should you change your mind, goods that are not regarded as perishable and are not faulty should be returned in a resaleable condition in their original packaging within 14 days.
14.9.If you wish to return goods to Swadesh Bazar Ltd for any of the above reasons, you must send a written request to order@swadeshbazar.co.uk to make the appropriate arrangements.
14.10. Swadesh Bazar Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors that may be taken into account in the exercise of this discretion include, but are not limited to:
14.10.1. Any use or enjoyment that you may have already had out of the goods;
14.10.2. Any characteristics of the goods which may cause them to deteriorate or expire rapidly, as stipulated above;
14.10.3. The fact that the goods consist of audio or video recordings or computer software and that these have been unsealed by the consumer;
14.10.4. Any discounts that may have formed part of the purchase price of the goods to reflect any lack of quality made known to the customer at the time of purchase.
14.10.5. Such discretion is to be exercised only within the confines of the law.
15. Privacy
15.1. Use of the website is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. To view the Privacy Policy, please visit the privacy policy section located near the bottom of our homepage.
15.2. We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and warrant that all data provided by you is accurate.
16. Disclaimers
16.1. Swadesh Bazar Ltd makes no warranty or representation that the website will meet your requirements, be of satisfactory quality, fit for a particular purpose, non-infringing of third-party rights, compatible with all systems, secure, or that all information provided will be accurate. We do not guarantee any specific results from the use of our services.
16.2. No part of this website is intended to constitute advice, and the content of this website should not be relied upon when making any decisions or taking any action.
16.3. No part of this website is intended to constitute a contractual offer capable of acceptance.
17. Changes to the Service and these Terms and Conditions
17.1. Swadesh Bazar Ltd reserves the right to change the website, its content, or these Terms and Conditions at any time. We may amend these conditions, so please check this page periodically to take notice of any changes we have made. If we revise these conditions as they apply to you, we will contact you to give you reasonable advance notice of the changes and inform you how to cancel your contract if you are not happy with the changes.
18. Availability of the Website
18.1. The service is provided "as is" and on an "as-available" basis. We give no warranty that the service will be free of defects and/or faults. To the maximum extent permitted by law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, or satisfactory quality.
18.2. Swadesh Bazar Ltd accepts no liability for any disruption or non-availability of the website resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
19. Limitation of Liability
19.1. We are responsible for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are liable for any loss or damage you suffer that is a foreseeable result of our breach of this contract or our failure to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen, for instance, if you discussed it with us during the sales process.
19.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Rights Act 2015.
19.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business, or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19.4. We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and take reasonable steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event. However, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not yet received.
19.4.1. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
19.4.2. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs, or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, zombie apocalypse, or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations, or restrictions of any government.
19.4.3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. Provided we do this, we will not be liable for delays caused by the event. However, if there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not yet received.
19.5. To the extent permitted by law, our only liability to you under these Terms and Conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods that are received by you in a damaged or defective state, or to refund you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify us about and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered caused by any event or circumstance beyond our reasonable control. Nothing in this clause affects your statutory rights as a consumer.
19.6. While we have made every effort to ensure these Terms and Conditions comply with the relevant provisions of the Consumer Rights Act 2015, in the event that any of these Terms are found to be unlawful, invalid, or otherwise unenforceable, that Term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This Term shall apply only within jurisdictions where a particular Term is illegal.
20. No Waiver
20.1. If any party to these Terms and Conditions fails to exercise any right or remedy contained herein, it shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
21.1. In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless expressly stated otherwise.
22. Notices
22.1. All notices or communications should be given to us either by post to our premises (see address above) or by email to info@swadeshbazar.co.uk. Notices will be deemed received on the day of sending if the email is sent on a business day and on the next business day if the email is sent on a weekend or public holiday.
23. Law and Jurisdiction
23.1. The English courts will have exclusive jurisdiction over any claim arising from or related to a visit to our site, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts.
24. Severability
24.1. If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such Term, Condition, or provision will, to that extent, be severed from the remaining Terms, Conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
24.2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25. Response Times to Email Queries
25.1. We will attempt to respond to all queries within 1-2 business days.
26. Written Communications
26.1. Applicable laws require that some of the information or communications we send to you should be in "writing." When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we provide to you electronically comply with any legal requirement that such communications be in writing.
27. Consumer Rights
27.1. Please note that Swadesh Bazar Ltd complies with the Consumer Rights Act 2015, as referenced in clause 14.4.1. However, for the sale of perishable goods, the 14-day cooling-off period for order cancellation is not applicable. Customers wishing to cancel an order can do so until the goods have been dispatched. After goods have been dispatched from the warehouse, Swadesh Bazar Ltd will not be able to cancel the order unless the goods are faulty.