Terms & Conditions

KERALA’s FRESH ORGANIC FOR YOU owns this promotional material /website.

Access to and use of this promotional material /Website and the products and services available through this Sales brochure/Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By placing an order with us or on our site you are agreeing to these terms and conditions. Please read them carefully. Under Irish law, we may not enter into a contract with any person under 18 years of age. By placing an order you declare that you are at least 18 years old. By using the Service, and placing an order on this site you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period.

Your Statutory Rights

The contents of our terms and conditions detailed below do not affect your statutory rights in any way.

Privacy Policy

By availing our service through our sales brochure or website, you consent to the processing described therein and warrant that all data provided by you is accurate. We keep your personal information private and safe. We will not pass on any details about you to any person not directly employed by us, unless required to do so by law.

Prohibitions

You must not misuse this Website or sales brochure. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and freshorganuc4u.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website or our sales brochure remains the property of Kerala’s Fresh Organic For You or its licensors and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this sales brochure and Website, nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order you are offering to purchase a product; subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. We make every effort to ensure that the prices within our sales brochure or website are correct. Our prices will vary according to weather, seasonality and supply. You are advised to check the prices of our fish. In the case of a change of price after order, we will always contact you first to ensure that the price is acceptable.

(a) Our Contract
When you place an order, you will receive an acknowledgement by e-mail or sms confirming receipt of your order: this email/sms will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail/sms that the goods, which you ordered, have been dispatched to you. Only those goods listed in the confirmation e-mail or sms sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website and sales brochure are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs are applicable and included in the ‘Total Cost’.

(C) Payment
In order to contract with Kerala’s Fresh Organic For You you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

All orders are to be paid in full prior to the despatch of your fish order. Payment can be made by credit/debit card over the telephone. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction.

We will require the postal code of where the credit/debit card is registered to. Should we not be able to collect payment for reasons outside of our control, we will not dispatch your order. Should this happen we will make every effort to contact you and advise you, however we accept no liability for any loss incurred due to the delay in dispatching your order. We retain the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Our Guarantee

We aim to supply fish and products of the highest standard, and we aim to do everything we can to ensure that your product arrives with you in perfect condition. If you are unhappy with your order you must contact us immediately upon receipt of goods.
Returns are not accepted and refunds are limited to the value of the order and delivery charge if made.
Whilst we make every effort to deliver fish at its best quality, please check thoroughly that there are no foreign bodies left within any fishes, as no liability will be accepted by the company for any injury or loss as a result of these items.

Accuracy of Delivery Details

You are responsible for giving us the full name of the recipient and correct address for all deliveries, including but not limited to the postcode. These details are passed directly to the courier service once the order is placed, if our carriers are unable to deliver any order due to any error in the address, you will be charged for the order in full. We will dispatch the goods to the address given and we ask that you are there to receive it. If you will not be available to receive the parcel then please indicate on the order where you would like us to leave it. We guarantee the temperature for the delivery day only, as there is no refrigerated holding facility. Should you ask for your order to be left in a specific place (for example a garden shed or in your porch) and the carrier cannot obtain a signature to confirm the delivery of your order, it will be left at your own risk, we accept no liability for its loss or damage.

Cancellation of Orders

Please note that cancellations or alterations of orders must be made within 24 hours of ordering (with the exception of faulty or incorrectly supplied goods). Any fish that has been sourced specially for you (by prior agreement) will be charged for in full. If we are subsequently able to sell all or part of those items sourced specially we undertake to credit you in full for the value of those items.

Disclaimer of Liability

The material displayed on this Website and our sales brochure is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Kerala’s Fresh Organic For You and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of our sales brochure or Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Kerala’s Fresh Organic For You and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website or our sales brochure are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Kerala’s Fresh Organic For You.

Indemnity

You agree to indemnify, defend and hold harmless Kerala’s Fresh Organic For You, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or sales brochure or your breach of the Terms of Service.
Variation
Kerala’s Fresh Organic For You shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website or sales brochure.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected; all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Customer Support

You may call us on +353 (1) 4606 702 at any time of the day or night; if the line is not attended, please leave a message and we will call you back upon our return. Alternatively you may email us at [email protected]
Complaints
We sincerely hope that you never have cause to complain about our service or products. Please telephone us on +353 (1) 4606 702 and we will do our best to resolve any issues that you may have. We operate a “no quibble” refund policy where our goods or services are found to be at fault.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Kerala’s Fresh Organic For You. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the Office bearers of Kerala’s Fresh Organic For You.
Governing Law and Jurisdiction
The laws of UK, apply to these terms and conditions. All disputes will be heard and settled in accordance with the courts in Dublin and any courts of appeal therefrom.

Discount Coupon

1. Limit of one coupon, Discount Codes per household.
2. Coupons, Discount Codes are intended for single use only.
3. Offers are subject to availability
4. Each coupon, Discount Codes is valid for a limited time only and expires on the date specified in the offer.
5. If your coupon, Discount Codes has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount.
6. Some promotional offers may not be combined with other offers in the same order. Generally, only one coupon code may be used per order.
7. We reserve the right to vary or discontinue the Discount Voucher, Discount Codes scheme at any time
8. Discount Vouchers, Discount Codes have no cash redemption value.
9. You cannot use a Discount Voucher, Discount Codes in conjunction with any other sales discounts or
promotional offers unless the specific terms relating to the Promotional Discount Codes are
state that you can combine the Promotional Discount code with other offers.
10. Promotion codes are territory specific, remain our property, are not transferable

Delivery

Before you place an order with us on the website, you must choose a proposed delivery date and provide us with the correct delivery details and you will receive an email confirmation of this after your order is placed.

All proposed delivery dates are approximate and can be delayed due to circumstances beyond our control, but we will be happy to help you resolve any unexpected carrier delays.

If delivery is likely to be subject to undue delay, we will contact you by email.

If your package is damaged on arrival, we advise you to make a note of this when signing for it. If your order does not arrive by the stated date, please contact Customer Care.

Shipping delays can caused by these unpredictable events in your country or in Origin country or in transit country.
Natural disasters: Storms, snow, earthquakes or other events.
Social events: Strikes, riots, civil emergency or other events.
Government Action: Customs regulation changes or other changes to local policy.
These events can cause delays that are unpredictable and unavoidable.

In the unlikely event that the delivery time exceeds the products box life or there is any health and safety issue, we have the right to cancel your order and recall the product. If the mistake happened from our side, a full refund will issued to you.