Terms of service

OVERVIEW
This website is operated by Kreative Imports Ltd trading as ‘5 Minutes to Delhi’. Throughout the site, the
terms “we”, “us” and “our” refer to Kreative Imports Ltd. Kreative Imports Ltd offers this website,
including all information, tools and Services available from this site to you, the user, conditioned upon
your acceptance of all terms, conditions, policies and notices stated here.

Last updated on 24/05/2023.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read the Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service at any time and without notice by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to the Terms of Service, you represent that you are at least 18 years of age.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including debit or credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit and debit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice, including both the prices of the products and/ or Service as well as the price of postage and packaging.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. You can view our returns policy by scrolling to the bottom of our website to the ‘footer’ section, and selecting ‘Refund Policy’.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. Furthermore, the images of Products on our Website and Product packaging are for illustrative purposes only, and cannot be relied upon to give an accurate depiction of the product. Your Products may differ from those as displayed on our Website, including but not limited to any foods used to garnish the meals in the photos, and food by its nature may vary in colour and size. The packaging of Products may also vary from as shown on our Website. 

You are responsible for inspecting the Products upon delivery and storing them correctly. You are also responsible for the reconstitution of our Products. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or reconstitution of our Products. Moreover, your adding of the correct quantity and temperature of water is essential to the quality of the end product. Adding ‘boiling’ water is applicable to all of our products, and the correct quantity of water necessary for reconstitution can be found on the packaging of each individual product.

Both our website and our product packaging include details of all allergens which may be contained within our Products. However, it is your responsibility for checking our packaging and Website to ensure that a Product does not contain a relevant allergen to you. Our Products include ingredients from third party suppliers who are responsible for labelling their ingredients correctly, and are processed at a facility that handles dairy, peanuts, tree nuts, mustard seeds, sesame seeds and cereals containing gluten. While every effort has been made by them to ensure no cross contamination occurs, this cannot be confirmed, and as such trace allergens may be present in our products for which we accept no liability for any injury, death or otherwise caused from consuming our products. Moreover, whilst we undertake rigorous checks in accordance with our legal obligations prior to using all third-party suppliers, in circumstances where a third party issues a product recall for whatever reason, we accept no liability for any loss, damage or injury caused by an ingredient recall, incorrect labelling or trace allergens. 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We use Royal Mail to ship our products and carry out our Services, and as a result, can only ship to postal codes and addresses within the UK that are covered by their services. Thus, we reserve the right to cancel (and refund) any orders which are outside of the Royal Mail’s delivery capabilities. 

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All product prices include VAT where applicable. This does not apply to the price charged for postage and packaging, as the Royal Mail postal services we use are exempt from VAT.

SECTION 6 - SUBSCRIPTION SERVICE

You can cancel, pause or modify your subscription at any time up to 48 hours before your order date, I.e. the date on which your next payment will be taken and order processed. You should also carefully review our Privacy Policy before placing an order for Products through our Website. 

Please note, to avoid unfair practice, we closely monitor the frequency at which subscribers pause, cancel and renew their Subscription. This is to avoid Users from unfairly obtaining the lower price point of £2.99 per dish, as opposed to the non-subscriber price of £3.49, without actually being a Subscriber for any extended period of time. As such, we reserve the right to challenge, and/ or to cancel, a Subscription, should any User persistently cancel and restart their Subscription three times within a four week period over the course of a number of months, as this tends to suggest unfair practice on behalf of the User.

The subscription plan to our Services consist of an initial charge, and is then followed by periodic recurring charges as agreed to by you. By entering into this Contract, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. We may submit periodic charges without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorisation or change your payment method please contact our customer care team via the various methods detailed on our Website. 

To cancel, pause, or modify your subscription, simply log in to your account on our website and select the ‘Account’ button. From there, select ‘Manage Subscription’, and then select ‘ See more details’ to access the full range of features.

By subscribing to our Service, you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in the application form you have completed on our Website. This is subject to variation in accordance with the fact that we reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud. You can deactivate your subscription at any time within the deactivation deadline. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you. 

SECTION 7 - REFERRAL PROGRAMME

We may offer a range of ‘Refer a Friend’ offers from time to time. The offer may entitle the existing and/or new customer to receive a limited discount for referring their friends, provided that their referral signs up to the Service operated by us. This offer is strictly for new customers only and can only be redeemed once per person and per household. By providing the contact details of any individual, the existing customer confirms that the relevant individual has explicitly consented to their personal details being shared with us. For further information regarding our Referral Programme and matters relating to Personal Information, you should read our Privacy Policy.

SECTION 8 - PAYMENT

Payment for all Products and Services must be by credit or debit card. We accept payment with Visa and Mastercard, Amex, Apple Pay and PayPal. We will automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available. 

Please note our third party payment providers may make a temporary charge of up to £1.00 GBP against your payment method. This may appear in your transaction history to verify that your card is working but will be automatically refunded once your payment method is verified. Payment details are stored securely by a third party to allow recurring payment for future orders. Further details are set out in our privacy policy available on our Website. We do not have access to view your full credit or debit card details. 
Payment is processed the morning after your allocated order deadline (e.g. for a Rolling Cut-Off on Monday at midnight payment for the order will be processed Tuesday morning). 

If payment for your order is unsuccessful the Product may still be dispatched and the sale will be deemed to have occurred.
In such circumstances we will reattempt payment through the recurring payment method.
It is your responsibility to ensure sufficient funds are available to process the payment for the order or update payment details if required.
If our third-party payment provider has new card details (e.g. your previous card expired or was lost or stolen) these will be updated on our system automatically in order to process future payments on your subscription. 

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order. These restrictions may include orders placed
by or under the same customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed
by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases
made at our store. You agree to promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete your transactions and
contact you as needed.

For more detail, please review our Returns Policy.

SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control
nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion
and you should ensure that you are familiar with and approve of the terms on which tools are provided by
the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release
of new tools and resources). Such new features and/or Services shall also be subject to the Terms of
Service.

SECTION 11 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are
not responsible for examining or evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or websites, or for any other materials,
products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources,
content, or any other transactions made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions regarding third-party products should be
directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request
from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that
you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole
discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or the Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of the Service or any related
website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments
you make and their accuracy. We take no responsibility and assume no liability for any comments posted
by you or any third-party.

SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our
Privacy Policy, please see our Privacy Policy.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information in the Service or on
any related website is inaccurate at any time without prior notice (including after you have submitted your
order).

We undertake no obligation to update, amend or clarify information in the Service or on any related
website, including without limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or updated.

SECTION 15 - PROHIBITED USES
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site
or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any related website, other websites, or
the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the Internet. We reserve the right
to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely,
secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or
reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the
Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and
all products and Services delivered to you through the Service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any
kind, either express or implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kreative Imports Ltd, our directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the
Service or any products procured using the Service, or for any other claim related in any way to your use
of the Service or any product, including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the Service or any content (or product)
posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kreative Imports Ltd and our parent, subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third-party due to or arising out of your breach of the Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 - SEVERABILITY
In the event that any provision of the Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service,
such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
The Terms of Service are effective unless and until terminated by either you or us. You may terminate the
Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you
cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision
of the Terms of Service, we also may terminate this agreement at any time without notice and you will
remain liable for all amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).

SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute
a waiver of such right or provision.
The Terms of Service and any policies or operating rules posted by us on this site or in respect to The
Service constitutes the entire agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms
of Service).
Any ambiguities in the interpretation of the Terms of Service shall not be construed against the drafting
party.

SECTION 21 - GOVERNING LAW

The Terms of Service and any separate agreements whereby we provide you Services shall be governed
by and construed in accordance with the laws of United Kingdom.

SECTION 22 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of the Terms of Service
by posting updates and changes to our website. It is your responsibility to check our website periodically
for changes. Your continued use of or access to our website or the Service following the posting of any
changes to the Terms of Service constitutes acceptance of those changes.

SECTION 23 - 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”).
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:
1. Strikes (including but not limited to postal strikes), lock-outs or other industrial action;
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or
not) or threat or preparation for war;
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or
private transport;
5. Impossibility of the use of public or private telecommunications networks;
6. The acts, decrees, legislation, regulations or restrictions of any government; and
7. Pandemics or epidemics.

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 to find a solution
by which our obligations under the Contract may be performed despite the Force Majeure Event.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@5minutestodelhi.co.uk.
Our contact information is posted below:
Kreative Imports Ltd
38 Foxborough Road,
Abingdon,
OX14 3AB,
United Kingdom.
Companies House Registration Number: 14684809