Terms & Conditions of Service

Terms & Conditions

You are making a purchase from Namaste Superfoods Limited.

Disclaimer

The content above is provided for information purposes only. No claim is made to the accuracy or authenticity of the content of the advert or description. Namaste Superfoods limited does not accept any liability to any person for the information or advice (or the use of such information or advice) which is provided in the advert/description or incorporated into it by reference. The information here is provided on the basis that all persons accessing the advert/description undertake responsibility for assessing the relevance and accuracy of its content.

The products and the some of the claims made about specific products in our adverts/descriptions have not been evaluated by the UK Food and Drug Administration or other European Community bodies, and have not been approved to diagnose, treat, cure or prevent disease. Any information provided in any advert/description is for informational purposes only and it is not intended as a substitute for advice from your physician or other healthcare professional or any information on any product label or packaging. You should not use the information from any advert/description for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect might have a health problem.

Cautions:

  • Do not take supplements in conjunction with other medication before checking with your health practitioner first.
  • Ask your health practitioner first before taking any supplement while pregnant or breastfeeding.
  • Ask your health practitioner before giving any supplements to persons under the age of 18.
  • Keep all supplements out of the reach of children.
  • Store all supplements in a dry, cool, dark place.

If you experience side effects such as nausea, headaches, diarrhoea, other pain or ailment please stop taking the supplement and seek medical attention before continuing use.

The materials on Namaste Superfoods Limited’s website are provided on an ‘as is’ basis. Namaste Superfoods Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Namaste Superfoods Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Please read our Terms & Conditions carefully.

Last update to Terms and Conditions: 24th May 2018.

  1. Definitions

In these Terms and Conditions, the following have meanings:

1.1 “Namaste Superfoods Limited”, “Namaste Superfoods”, “we”, “our” and “us” means Namaste Superfoods Limited (Company Number C80226 incorporated in Malta), with registered office at Namaste Superfoods Limited, International House, Mdina Road, Mriehel, BKR3000, Malta.

1.2 “User”, “customer”, “you” and “your” means any user of the website including any user who makes a purchase through the website.

1.3 “Website” means all content under this respective checkout webpage (www.namastesuperfoods.com).

  1. Agreement

2.1 By accessing our website (www.namastesuperfoods.com) or placing an order (or any subsequent orders) you are agreeing to be bound by these terms and conditions of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms and conditions please do not use, access or purchase any goods, services or items from our website.

2.2 You must be 18 years or over to make a purchase on our website and have full legal capacity.

2.3 All sales are limited in terms of time and product availability. Due to the nature of our products, we may have to wait to receive items from our partners before dispatching, consequently whilst we would use our best endeavours to dispatch items within the indicated delivery times, orders may sometimes take longer and we will advise you of your order status, where applicable.

  1. Limitation of Liability

3.1 Notwithstanding any other provision in these Terms and Conditions, nothing in these Terms and Conditions affects or limits your rights as a consumer under Maltese law; or will exclude or limit our liability for death or personal injury resulting from our negligence.

3.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided to by you. You must bear the risk associated with the use of the Internet. We do our best to keep your order secure, but in the absence of our sole negligence, we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the Website.

3.3 Whilst we will endeavour to ensure that Website material and content is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.

3.4 We disclaim all liabilities in connection with the following: Incompatibility of the Website with any of your equipment, software or telecommunications links. Technical problems including errors or Website interruptions. Unsuitability, unreliability or inaccuracy of the Website. Inadequacy of the Website to meet your requirements.

3.5 To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

3.6 We shall not be liable to you in connection with these Terms and Conditions in contract, tort (including negligence) or otherwise for any loss, any internet, network or virus problem, for any loss of profit, anticipated savings or data (in each case whether direct or indirect) and/or any indirect loss.

3.7 Our aggregate liability to you in connection with these Terms and Conditions shall not exceed the value of the goods ordered by you.

  1. Order Placing

4.1 To place an order on this website, follow the described steps on the website and enter the required information when prompted.

4.2 If you have possession of a relevant and authorised Namaste Superfoods promotion code you can enter it at checkout.

4.3 It is your responsibility to notify us of any incorrect order details entered during checkout, as failure to do so may result in non-delivery of any or all ordered items. We do not guarantee that we can change any incorrect order details once processed at checkout.

4.4 All orders are subject to acceptance and availability at our sole discretion. We retain the right to cancel/reject orders in the case of item unavailability, incorrect pricing, if you are based outside the EU and/or your payment is not authorised for the transaction.

4.5 If an ordered item(s) is unavailable and/or out of stock, we will inform you as soon as practically possible. We will aim to advise you of the next availability date for the item(s). You retain the right to cancel the unavailable and/or out of stock items(s), upon notification via email, with a full refund including delivery charges if the cancellation constitutes the entire order. Where your order is for multiple items, the rest of the order will remain valid (including all delivery charges).

4.6 This website is strictly for transaction and fulfilment purposes and makes no claims or descriptions in respect to the products made available.

  1. Order Pricing & Payment

5.1 All items are priced in Euro (€) and exclude delivery charges which will be applied at checkout before you complete your order. Delivery charges are based on the delivery address you provide and not to your billing address.

5.2 We reserve the right to change prices without notification at any time. In this event, the item(s) will be charged at the price which was displayed at the time of the order being made in Euros.

5.3 Orders are accepted online and the accepted payment method is via PayPal. PayPal carries out and is responsible for, all the necessary validations taken to protect your security and confirm your payment.

5.4 Please ensure your registered postal or delivery address and email details are correct. The system will inform you of the data submitted. This information is protected by law for the protection of personal information. We use the information submitted by you with the purpose to fulfil your order for items or services and to improve the services offered.

5.5 In the event that a payment cannot be processed, the order will not be accepted and will automatically be cancelled. In such an event, please contact us via the Contact Us page.

5.6 All prices shown will be inclusive of taxes where applicable, unless otherwise stated. Tax rates are at the current rates and are correct at the time of publishing.

  1. Order Processing

6.1 Order acceptance will be confirmed on the screen at checkout and an order confirmation email will be sent to the email address provided at the time of purchase. We recommend that you retain this email for your record.

6.2 Each order confirmation will contain an order number specific to your transaction which can be used in any further communication.

6.3 Once an order has been accepted and payment has been taken, the order cannot be amended. You shall see all the products that you buy, the amount that you shall pay, the method of payment, the delivery address immediately after finalising your order. If you notice any discrepancy in your entered information, please email us immediately, using the email address on the Contact Us page on the Website.

6.4 It is your responsibility to provide the correct email address upon placing an order. We cannot take responsibility for the non-delivery of a confirmation or dispatch email should your email address be incorrect, or should a 3rd party email server prevent delivery due to spam filters.

  1. Delivery and Returns

7.1 We endeavour to pack and dispatched all orders within 2 days of receiving payment confirmation (Monday-Friday). Dispatch times may vary from time to time and we cannot make guarantees of dispatch times. All orders placed on weekends or public holidays will be processed on the following working day.

7.2 It is your responsibility to provide us with full and correct delivery address details. If your package is returned to us due to an incorrect or incomplete address, you will be charged the full delivery cost to re-deliver your order to a corrected address.

7.3 UK customers purchasing from our “Supplements” catalogue can choose from four delivery options, ‘1st Class – Standard Delivery’, ‘2nd Class – Standard Delivery’, ‘1st Class – Delivery (Signed for)’, ‘2nd Class – Delivery (Signed for)’. Shipping of our Supplements is via Royal Mail. Expected delivery times for 1st and 2nd class standard delivery is 2-5 days within the UK. Expected delivery times for 1st and 2nd Class – Delivery (Signed for) is 1-3 days within the UK. If delivery takes more than 5 working days for a UK order – please contact us immediately.

7.4 Non-UK customers purchasing from our “Supplements” catalogue have two delivery options, ‘EU Standard Delivery’ and ‘EU Recorded Delivery (Signed for on delivery)’. Shipping of our Supplements is via Royal Mail. Expected delivery times for ‘EU Standard Delivery’ and ‘EU Recorded Delivery (Signed for on delivery)’ is 4-7 days within the EU, but may take longer and we are not responsible for any delays in delivery.

7.5 Customers purchasing from our “Hemp” catalogue will be advised of the shipping rate at check-out based on selected delivery destination. Shipping for items under 350g is with Austria Post, larger items will be shipped using DPD. The “Hemp” products are stored and dispatched out of our storage in Austria.

7.6 The “Annabis” range of products is restricted to customers based in Malta at this time.

7.7 If you are not present at the time of delivery, a delivery note should be left asking you to contact the postal service or courier directly to rearrange another delivery at a convenient time or pick it up in person from the specified location. You will then have 21 days until the parcel is returned back to us as undeliverable. We do not resend packages that are returned to us as undeliverable. We will refund you for the value of the item(s) ordered but not for the delivery charge. If a secondary visit of a courier for your order is necessary as a result of reasons originating from your party, the expenses for secondary delivery should be on your account.

7.8 A parcel is considered lost after it has been in the postal system for a period of 15 working days for UK orders and 21 working days for non-UK orders. Although orders normally take much less than that we are unable to dispatch a replacement until this period of time has elapsed. Namaste Superfoods cannot be held responsible for any direct or indirect loss or damage incurred by a customer due to delayed or lack of delivery of goods regardless of the method of delivery.

7.9 We currently ship to the EU.

7.10 We will email you a dispatch confirmation as soon as your parcel has been passed onto the postal or courier services. We cannot take responsibility for the non-delivery of a dispatch email should your email address be incorrect, or should a 3rd party email server prevent delivery due to spam filters.

7.11 Customs duties: Any fees charged by Customs are the sole responsibility of the customer. You should note that customs policies and practices do vary widely from country to country. We recommend that you contact your local customs office for specific importation information.

7.12 Our returns policy does not affect your legal rights under the Distance Selling Regulations, The Sale of Goods Act or other legislation.

7.13 If you wish to return any item(s) bought from us please contact us via the Contact Us page within 15 calendar days of receiving the order clearly stating your full contact details and order reference number.

7.14 Item(s) returned during the 15 calendar days, referred to in Clause 7.10, must be in their original condition and packaging and under no circumstances should be used. We reserve the right to refuse a refund on any item, which has been opened, damaged, dirtied, in an un-saleable condition or which have not been returned to us in line with the specified return procedure.

7.15 Any return (other than for defective item(s)) will be at the customer’s own expense. A full refund, excluding delivery costs, will be processed within 30 days of us receiving the returned goods.

7.16 Any return made outside the defined timeframes in Clauses 7.10 and 7.11 will not be accepted.

7.17 We advise you to return any item(s) by recorded delivery or by obtaining a Certificate of Postage from the Post Office or by any other means that shows proof of the return. If your returned item(s) are not received we cannot process the refund unless you can provide this proof of postage.

7.18 The address for returns is stated on the Website’s Contact Us page.

7.19 If you country of delivery is outside of the shipping destination countries given on the online shop check out page, please contact us via the Contact Us page and we will endeavour to give you a shipping price to your chosen delivery country.

  1. Damaged Goods

8.1 We ensure your items are sent un-damaged, however, when receiving the parcel you must check the contents of the package for compliance with the product or item(s) ordered. If you experience any problems, please contact us via the Contact Us page stating your full contact details, order reference number and the exact damage observed. We may request that a photograph of the reported damage be sent to us via email.

8.2 If there is any discrepancy in the product’s appearance as a result of transportation, the customer should ask the courier for the protocol of a damaged parcel.

8.3 If you have a valid claim in respect of any of the item(s) which is based on any defect in the quality or condition of the items in accordance with this Agreement, we shall refund to you the full price paid (or a proportionate part of the price) and the delivery charges incurred within 30 days from receiving the returned items.

8.4 If the package of the item(s) is damaged you must notify us within 24 hours of receipt of the package.

8.5 We ask you to return any incorrect or defective item(s) to us as soon as possible to the returns address shown on the Website Contact Us page.

  1. Promotion Codes

9.1 Promotion Codes issued by Namaste Superfoods can be applied at checkout, if available.

9.2 Promotion Codes have no monetary value and under no circumstances can they be converted into currency.

9.3 Each code has an expiry date set at our discretion. We reserve the right to modify the expiry date without notification.

9.4 Promotion Codes cannot be divided into parts. The discount achieved by the use of a Promotion Code must not exceed the total monetary value of the order (excluding delivery costs).

9.5 Promotion Codes cannot be applied past their pre-set expiry dates.

9.6 Any refund made on an order where a Promotion Code was applied will be reduced by the discounted amount.

9.7 Only one Promotion Code can be used per order.

  1. Website Content & Access

10.1 The website is continuously reviewed and enhancements made which may be made public at any time. Information on the website is subject to change without notice. By using the website you are agreeing to be bound by the then current version of these Terms and Conditions of service.

10.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

10.3 We endeavour to represent product images as accurately as possible; however, variations are to be expected.

10.4 We use best endeavours to achieve uninterrupted access to the website; however, this may be suspended, restricted or terminated at any time.

10.5 This website may also include links to other websites. These links are to provide further information. Namaste Superfood limited has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site(s). Links to other websites do not signify that we endorse those website(s). We have no responsibility for the content of the linked website(s). These websites are governed by their own Terms and Conditions and Privacy Policies.

10.6 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

10.7 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

10.8 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

10.9 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

10.10 Your use of this website and any dispute arising out of such use of the website is subject to the laws of Malta and any disputes will be decided only by the Maltese courts.

  1. Ownership of Items

11.1 Transfer of ownership to you of any item(s) purchased on the website will only occur upon successful dispatch and when we have received a cleared payment for the order in full. Until that time ownership of the items is retained by us.

11.2 All products bought through our website are not for re-sale.

  1. Indemnity 

12.1 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.

  1. Statutory Rights

13.1 These Terms and Conditions do not affect your statutory rights as a consumer.

  1. Severance 

14.1 If any part of these Terms and Conditions are deemed unlawful, void or for any reason unenforceable, then that part shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions of these Terms and Conditions.

  1. Waiver

15.1 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

  1. Changes to Terms and Conditions

16.1 We reserve the right to change, amend and/or update the Terms and Conditions at any time. It is your responsibility to check for such updates or amendments. If you do not wish to accept the new Terms and Conditions then you should not continue to use the Website. If you continue to use the Website then your use of the Website constitutes your agreement to be bound by the new Terms and Conditions

16.2 We reserve the right to modify or withdraw, either temporarily or permanently, this Website and the material contained within (or any part thereof) without providing notice to you. You confirm that we are not liable to you for any such modification to or withdrawal of the Website or its contents

  1. Language 

17.1 Use of the English language version of these Terms and Conditions shall prevail.

  1. Entire Agreement

18.1 These Terms and Conditions form the entire basis of any agreement reached between you and us.

Privacy Policy

Your privacy is important to us, and it is Namaste Superfoods Limited’s policy and commitment to respect your privacy regarding any information we may collect while operating our website. We have issued this privacy policy to set out how we collect, use, communicate, disclose and otherwise make use of personal information.

We may change this policy from time to time by updating this page.

This policy if effective from 24 May 2018.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. We will treat all your personal information as confidential and will only disclose such information in the circumstances set out below and in accordance with the Data Protection legislation from time to time in force in Malta.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will only retain personal information for as long as necessary for the fulfilment of those purposes.
  • We do not sell, rent or exchange your personal information with any third party for commercial reasons.
  • We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the Malta data protection legislation, including GDPR.  We do not collect sensitive information about you except when you specifically knowingly provide it.
  • You have the right to access your personal data that we hold on record, to request that your personal data is deleted, rectified or to restrict the processing of your personal data.  You can do this by emailing us at: info@namastesuperfoods.com

We are firmly committed to conducting our business in accordance with these principles to ensure that the confidentiality of personal information is protected and maintained.

We do not collected or store credit or debit card details.

The main information that may be collected is as follows:

  • Your name
  • Your contact information including email address
  • Locational or demographic information such as postcode and interests
  • Other information relevant to customer surveys and/or offers

We will use your personal information for the following purposes:

  • Processing of your online orders for items listed on the website.
  • Administration of the website.
  • Statistical analysis for the purposes of improving this website and its services to you.
  • Notifying you of our latest news, special offers and product launches, if given your consent to do so.

Subject to your rights of objection, you agree that personal information may be disclosed to reputable third parties who will help process your order.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.

You should check this page from time to time to ensure that you are happy with any changes