Terms and Conditions

WEBSITE USE

Welcome to our Ts & Cs? 

These terms and conditions (let's call them 'terms') apply to our website: macacha.co. Here's our business info:

MACACHA HEALTH LTD
Company Number 09413454
VAT Registration 228 5450 05
1 Long Lane
London,
SE1 4PG.
 

Basically, you're free to use our website, (but only as long as you're okay with these terms). 
They're more or less standard, but if you're unsure about anything, please have a good read before accessing macacha.co. We only say that because if you access or use any part of the website, you agree to be bound by them. If you don't agree to all the terms and conditions, then you may not access the website or use any services (sorry!). 

If we add any new features or tools to the website, they'll fall under these terms as well. You can review the most current version of the terms at any time on this page. We reserve the right to update, change or replace the website or any part of these terms by posting updates and/or changes to our website.

It's your responsibility to check this page periodically for changes. If you keep on using the site, we'll assume you've accepted these changes. 

WEBSITE AVAILABILITY

We make no guarantees as to the ongoing availability of the website. As such, we accept no responsibility if the website is unavailable for any reason. You agree that we're not liable for any loss or damage that you or any other person incurs by not being able to access the website.

ONLINE STORE TERMS

  1. By agreeing to these terms, you agree that you're the age of majority in your country or region (that's 18 years old for consumers in the UK) and you have given us your consent to allow any of your minor dependents to use this website.
  2. A breach or violation of any of the terms will result in an immediate termination of your use of the website.
  3. Any purchase of products from our website abides by the Terms of Sale.

GENERAL CONDITIONS

  1. We reserve the right to refuse service and access to the Website to anyone for any reason at any time.
  2. You understand that your personal information (not including 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 card information is always encrypted during transfer over networks (if any).
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website without express written permission by us.
  4. The headings used in this agreement are included for convenience only and do not affect the terms in any way.

OPTIONAL TOOLS

  1. We may provide you with access to third-party tools and services (including payment gateways). We have no control over these third party tools.
  2. You acknowledge and agree that we provide access to such tools ”as is” and “as available”. We're not liability whatsoever is any issues arise from use of these tools.

ACCOUNTS

  1. You may be given the option to create an account to assist regular use of the Website and the purchase of Products (Account) which will contain certain personal and payment information. By continuing to use this Website you represent and warrant that: (i) all information you submit is accurate and truthful; (ii) you have permission (if required) to submit payment information; and (iii) you will keep this information accurate and up-to-date. We may reject, accept, suspend or terminate your Account in our absolute discretion (with or without giving reasons).
  2. It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  3. If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Macacha immediately to suspend your Account and cancel any unauthorised purchases that may be pending.
  4. If we terminate your Account, any current or pending purchases on your Account will not be cancelled unless prior to dispatch.
  5. third-party websites & advertising
  6. The Website may contain links, information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Website.
  7. We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
  8. Third-party links on this Website 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.
  9. 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.
  10. user comments, feedback & other submissions
  11. If, you send certain specific submissions (for example contest entries) or 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;
  12. to maintain any Comments in confidence;
  13. to pay compensation for any Comments; or
  14. to respond to any Comments.
  15. 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 libelous 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 Website or any related website. 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.

PERSONAL INFORMATION

  1. You accept our Privacy Policy & Cookie Policy and agree that you will not do anything that shall compromise compliance nor do anything contrary, insofar as your use of the Website is concerned.
  2. We may amend the Privacy Policy & Cookie Policy from time-to-time without notice and at our absolute discretion, and by continuing to use the Website you accept such changes.

ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Website is at your own risk.

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

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the Website 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 Website 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 Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any related website, should be taken to indicate that all information in the Website or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content:

  • for any unlawful purpose;
  • to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • to submit false or misleading information;
  • 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 Website or of any related website, other websites, or the Internet;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, crawl, or scrape;
  • to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or other users as to the origin of any Comments.

We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

INTELLECTUAL PROPERTY

All content on the Website is the copyright and property of Macacha. Without our express written permission, you shall not copy the Website for your own commercial purposes, including:

Replicate all or part of the Website in anyway; or Incorporate all or part of the Website in any other webpage, website, application or other digital or non-digital format.

Macacha has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.

All content remains the intellectual property of Macacha, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by you or any other user.

DISCLAIMER OF WARRANTY; LIMITATIONS 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 acknowledge that in using the Website you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

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.
Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law.

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-supply of goods or payment of the cost of re-supply of goods.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Macacha 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 these Terms or the terms and conditions incorporated by reference, or your violation of any law or the rights of a third-party.

In no case shall Macacha, 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 Website, or for any other claim related in any way to your use of the Website or any of our products, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

TERMINATION

These Terms are effective unless and until terminated by either you or us.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, 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 Websites (or any part thereof)

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Website or in respect to The Website constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

GOVERNING LAW

Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.

These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.

CHANGES TO TERMS OF USE

You can review the most current version of the Terms at any time at this page.

We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

CONTACT & NOTICES

You can contact our customer service team by email hola@macacha.co and should send them any questions about these Terms.

You can direct notices, enquiries, complaints and other communications by email or otherwise using any other details published on the Website. We will notify you of any change of contact details by publishing new details on the Website.

We will send you notices and other correspondence to the email address that you submit to the Website, or that you subsequently notify us. It is your responsibility to update your contact details as they change.

A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.

TERMS OF SALE

APPLICATION OF TERMS

These terms and conditions (Terms of Sale) apply to the sale of all Products (Products) advertised on our website (www.macacha.co) (Website) or otherwise sold to retail customers by MACACHA HEALTH LTD (Company Number 09413454) (VAT Registration 228 5450 05) of 1 Long Lane, London SE1 4PG (Macacha, we, us or our). In these Terms, “us”, “we” and “our” refer to Macacha and references to “you” and “your” is to you, the customer.

By purchasing something from Macacha, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Sale”, “Terms”), including those additional terms and conditions and policies contained in our Terms of Use (incorporated by reference in these Terms). These Terms of Sale apply to all purchases of any products from Macacha (Products).

Please read these Terms of Sale carefully before purchasing Product. By placing an order to purchase our Product you agree to be bound by these Terms of Sale. If you do not agree to all the terms and conditions of this agreement, then you may not place an order for any Product. If anything on our website or within these Terms of Sale is considered an offer, acceptance is expressly limited to these Terms of Sale.

You can review the most current version of the Terms of Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

ORDERS

The offer of Products on the Website remains subject to stock availability. No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Orders for Product(s) must comply with the delivery requirements, minimum and maximum order quantity (if any). Our acceptance is indicated by Macacha sending to you an order confirmation email. Only once we have sent you an order confirmation email will there be a binding contract between Macacha.

Order confirmations for Products shall contain the following information:

  • Confirmation of the Products ordered including key specifications of those Products;
  • Itemised pricing for the Products including any taxes, delivery and other additional charges;
  • and Estimated delivery date(s) and time(s).

We reserve the right, but are not obligated, to limit the sales of our Products 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 Macacha. 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 reserve the right to refuse any order you place with Macacha. 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.

If for any reason, we do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to any cancelled order will be refunded within 14 calendar days.

If we terminate your Account, any current or pending purchases on your Account will not be cancelled unless prior to dispatch.

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.

PRICES & PAYMENT

All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers as necessary.

The prices for the Product(s) indicated on our Website at checkout include all applicable taxes, including VAT, which may be payable in respect of the Product(s) but excludes the delivery costs (if any) which will be automatically added to the total amount due when you view your Product(s). Some purchases may qualify for the free delivery, as specified on the Website.

All payments must be made at the time of ordering. Payment for all Product(s) must be by credit or debit card, or such other payment service gateway specified on the Website. We will not dispatch the Product(s) until we receive payment in full. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

For payment by card, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

By providing the relevant information to Macacha, you specifically authorise Macacha to transmit or to obtain information about you from third parties from time to time, including your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).

Promotions and discount codes are non-transferable (there is no cash alternative) and cannot be used in conjunction with any other promotion code or offers, and must be redeemed by any advertised expiry date.

CANCELLATIONS, RETURNS & REFUNDS POLICY

You may cancel any order (without reason) within 14 days of the date of purchase. If the item has been dispatched, you shall be responsible for the shipping costs for returning the Products.

If you receive Products which do not match those that you ordered, have defects or were damaged during delivery, you have 30 days from date of purchase to return the item. If 30 days have gone by since your purchase, unfortunately we cannot offer you a refund or exchange.

To be eligible for a return, your item must be unopened and in the same condition that you received it. It must also be in the original packaging.

Only regular priced items may be refunded. Discounted Products cannot be refunded.
If the item was purchased by a third-party but shipped to you, we can either refund the third party or issue you a store credit.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be made through the same payment method used when purchasing the Product(s).

To return your Product, we will require the order number, specifications as to which item(s) are being returned, and the reason for the return. You should mail your Product to:

Despatch4U
Unit39c
Lancaster Way Business Park
Ely, Cmbridgeshire.
CB6 3NW

You are responsible for the Products until we sign upon delivery to us, so we recommend you select insurance cover with postage.

You may have the choice of an exchange rather than a refund. Depending on where you live, the time it may take for your exchanged Product to reach you, may vary.

Returns and cancellations are governed by the Cancellations, Returns & Refunds Policy contained in these Terms of Sale.

Nothing in these terms limits or restricts your rights as a consumer which cannot be excluded by law. For more information about your statutory rights, please visit the UK Government’s website (direct.gov.uk) or contact Consumer Direct (08454 04 05 06), the Government funded consumer advice service.

DELIVERY

Unless next day delivery has been requested, all orders below £30.00, regardless of size or weight, shall have a fixed charge of £3.50 for standard delivery. Any orders of above £30.00 will have no delivery charges and will be on standard delivery. Standard delivery is estimated to be between 3 to 5 working days.

Next day delivery is available at a cost of £5.95 (orders must to be placed before 4pm between Monday and Friday. Couriers will deliver next working day – excludes bank holidays).

All deliveries within the UK will be fulfilled by Royal Mail. You will be able to track your order directly with Royal Mail using the tracking order number that will be emailed to you directly by Royal Mail.

We can only deliver Product(s) to addresses within the United Kingdom. Contact Macacha prior to Order with any requests for deliveries to addresses outside of the United Kingdom. We rely on third party delivery and reserve the right to cancel any order outside the UK, if delivery cannot be arranged.

The risk in the Products shall remain with Macacha until they come into your physical possession. Upon delivery, you must inspect and verify the Products, with any defects or errors identified immediately to the driver.

We reserve the right to change the delivery charges and/or the delivery provider and shall notify customers of such changes at the moment of purchase.

Limitation of Liability

To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the sale or supply of the Products.

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.

Nothing in these Terms and Conditions excludes or restricts any liability that cannot be excluded by law for:

  • death or personal injury resulting from any negligence or fraud on our part; or
  • any direct or indirect loss or damage arising out of the incorrect delivery of Products or out of reliance on incorrect information included on the Website.

We are not responsible for any delay in, or failure of, delivery of Products arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Rights Act 2015 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-supply of goods or payment of the cost of re-supply of goods.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Macacha 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 these Terms of Sale or the terms and conditions incorporated by reference, or your violation of any law or the rights of a third-party.

In no case shall Macacha, 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 purchase or use of any Products, or for any other claim related in any way to your use of the Product, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Product.

TERMINATION

These Terms of Sale are effective unless and until terminated by either you or us.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Sale, 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).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.

These Terms of Sale 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,any prior versions of the Terms of Sale).

Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.

GOVERNING LAW

Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.

These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.

CHANGES TO TERMS OF SALE

You can review the most current version of the Terms of Sale at any time at this page.
We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Sale by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued access to our Service following the posting of any changes to these Terms of Sale constitutes acceptance of those changes.

NOTICES

You can contact our customer service team by email hola@macacha.co and should send them any questions about these Terms.

You can direct notices, enquiries, complaints and so forth to Macacha using any other details published on the Website. We will notify you of a change of details from time-to-time by publishing new details on the Website.

We will send you notices and other correspondence to the email address that you submit to the Website, or that you notify to us. It is your responsibility to update your contact details as they change.

A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.