Terms and Conditions
Welcome to the website of Vandas Intimates, www.vandasintimates.com (the “Site”). The Site is operated by Vandas Intimates Private Limited. (the “Company,” “we,” “us,” “our”). By accessing or using our Site you indicate that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service"), regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, then kindly do not use the Site. When purchasing goods from the site, these Terms and Conditions form a contract between the customer (you) and Vandas Intimates Private Limited and apply to the ordering, purchase, fulfillment and delivery of goods from the Website.
Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain vital information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.
These Terms and Conditions (including where applicable, our Privacy Policy and Returns and Refunds Policy) set out the complete agreement between you and Vandas Intimates regarding this website and any use of it and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.
These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. Our company may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and Services once they are posted. Your continued access to the Site and/or use of the Site or the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. Vandas Intimates, in its sole discretion, may also add, delete or change some or all of the features of the Site or Company's Services at any time.
As used herein, “User” or "Users", you or your means anyone who accesses and/or uses the Site.
Our online store is hosted on PrestaShop. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
COMPLIANCE WITH TERMS AND CONDITIONS
You agree to be bound by the Terms and Conditions when you submit an Order.
Each Order you submit will be a separate and binding agreement between you and Vandas Intimates with respect to the supply of Goods, in accordance with these Terms and Conditions
PLACING ORDERS
You may place an Order through the Vandas Intimates Website by submitting the electronic Order form on the Website.
An Order submitted by you on the Website is an offer by you to purchase Goods for the Price plus any Delivery Fee as specified at the time you submit your Order. That offer cannot be withdrawn by you without our prior consent.
You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic use only and non-commercial use and quantity restrictions may apply.
In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfill your Order. Vandas Intimates will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfill or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you. Without limitation, if you provide inaccurate shipping details in an Order, we are under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to us. You agree to obtain consent from the recipient of a gift when providing their personal details to Vandas Intimates.
You may Order from the website if you are aged 18 years or over, have an active email account and a telephone/mobile number at which you can be easily contacted.
You must check your Order carefully prior to submitting your Order with us. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law. Nevertheless, we will allow you to return Goods in accordance with the Vandas Intimates Returns Policy, including where payment has been made wholly or partly by a Gift Card.
Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order. You can order as many Goods as you would like in an Order up to the total Order value of LKR 50000/US$ 1000/AU$ 1000.
You will be provided with an automatic Order number upon submission of your Order. The Order number is required when contacting us.
In submitting an Order you represent and warrant to Vandas intimates that:
- You are over the age of 18
- You have read and agree to these Terms and Conditions
- You have complied with all applicable Laws
ACCEPTANCE AND REJECTION OF ORDERS
Vandas Intimates reserves the right to accept or reject your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for orders placed for international delivery, some of our products may not be available for delivery to certain locations. Vandas Intimates retains the right to determine what it can and cannot deliver to any particular location.
When we accept an Order, it represents an agreement by Vandas Intimates for supplying you the Goods in accordance with the Order and these Terms and Conditions.
In the event that we reject an Order, we will notify you of that rejection and the reason for rejection via email within seven (7) Business Days after the placement of the Order wherever possible. Vandas Intimates will not be liable to you for your loss or that of any third party for the rejection of an Order.
Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavors to process the refund within seven (7) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalize the refund. Vandas Intimates is not liable with respect to any loss, damage, cost, expense or injury to you or any third party incurred as a result of any delay in processing your refund.
If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this article.
PRICE AND PAYMENT
The Price in respect of a Good is specified on the Website and is dependent on the delivery address nominated.
Prices may be displayed in Sri Lankan Rupees, Australian Dollars or United States Dollars. Where a delivery address within Sri Lanka has been nominated, the Price includes Sri Lankan taxes. Where a delivery address outside Sri Lanka has been nominated, additional Taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country. If goods are over the relevant country’s threshold and customs entry is required, there will also be an additional admin charge from our logistics partner for handling the customs clearance.
Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card or finance provider. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card or finance provider. A change of conversion rates may also result in a refund being converted to a different amount than that which was charged to you. This is out of our control and the amount charged and refunded will be the Sri Lankan rupees price.
Vandas Intimates reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price, provided your Order is not affected by an obvious pricing error.
In respect of any Order, we will charge you and you agree to pay to us:
- The Price of the goods
- The Delivery Fee (if any)
You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time, which includes but are not limited to credit card. When paying by credit card, you authorize Vandas Intimates to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order.
You acknowledge and agree that any payment in respect of an Order must be cleared by Vandas Intimates before Goods which are the subject of an Order are dispatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.
In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.
You will receive an invoice by email once payment in respect of your Order has been processed.
Vandas Intimates uses an encrypted payment gateway and security certificate to secure payments. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction.
DELIVERY
Vandas Intimates uses courier service which includes Sri Lanka Post registered or any other private courier service providers to deliver your Goods. You agree to your details including your Delivery Address being supplied to the courier service for the purpose of delivering your Goods.
You should refer to the Shipping Options section of the Website for the applicable Delivery Fee for the Goods.
You acknowledge and agree that despite anything else stated on the Website
We cannot guarantee that delivery will occur in the stated delivery time frames
Delivery time frames may change from time to time due to unforeseen circumstances; and
Except where required by applicable law, Vandas Intimates is not responsible with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.
Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit separate Orders for Goods where you require multiple delivery destinations.
UPON RECEIVING YOUR GOODS
Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Centre as soon as practicable using the details provided at the start of these Terms and Conditions. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy. If Goods are missing from your Order, you may contact us via email or customer service numbers provided or return the Order in accordance with the Returns Policy. You should let us know about any defective, damaged, missing and incorrect Goods as soon as possible. Any Goods replaced under the Returns Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge.
You warrant to Vandas Intimates that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly approved by you to do so.
Risk and ownership of the Goods passes to you on the date and time of delivery of the Goods to the Delivery Service.
CANCELLATIONS AND RETURNS
If you change your mind within 12 hrs of placing your order, you are eligible to cancel your order without being charged a cancellation fee.
After 12 hours by placing the order, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before final submission. Nevertheless, you will be able to return faulty or incorrectly delivered Goods in accordance with our Return Policy.
Return/Exchange shipping will be paid at the customer’s expense and will be required to arrange their own shipping.
If the product is damage or you have received the wrong product, the shipping charges for the return/exchange will be excluded.
Goods can only be returned under these Terms and Conditions and in accordance with the Returns Policy which is attached with the Terms and Conditions.
If we reject or cancel your Order under these Terms and Conditions, the Price of the Goods will be refunded to you. We will use reasonable endeavors to process your refund within seven (7) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalize the refund. Vandas Intimates is not liable for any loss incurred to you or any third party might suffer as a result of any delay in processing your refund.
It is a condition of most credit card schemes that refunds be processed on the same card as the original payment was made in order to minimize the possibility of fraudulent activity on cards. Vandas Intimates Online is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.
OFFERS, PROMOTIONS AND DISCOUNTS
Any Vandas Intimates discounts and promotions may only be used at the Website, including for purchases of Goods selected from the Website. Such offers, discounts and promotions do not apply to purchases at other third party online or retail outlets. You may receive online offers and promotions which include a promotional or coupon code (Code) for use when shopping at the Website. It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure you can take proper advantage of these offers. Any Code is non-transferable and, unless expressly stated, may not be used in conjunction with any other offers. If your code is lost or stolen it will not be reissued.
OWNERSHIP OF SUBMISSIONS
Other than personal information which is subject to our Returns Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Vandas Intimates on or through the Website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Vandas Intimates once submitted. You must comply with the content standards for Submissions set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Vandas Intimates the rights set out in these Terms and Conditions in respect of your Submissions.
SOCIAL NETWORKING SITES
These Terms and Conditions also govern any Submissions you make on any Vandas Intimates related third party website or page such as our Facebook page, Instagram, Twitter, YouTube or any other social networking site. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Vandas Intimates or its employees and we are not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and Conditions and the third party social networking sites terms of use, as applicable.
INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS
A disclosure, Submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Vandas Intimates of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Vandas Intimates’ related third party website or page, you must comply with the content standards set out below and with these Terms and Conditions.
CONFIDENTIALITY
Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Vandas Intimates’ related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. If, in our opinion, such Submission does not comply with the content standards set out below, we have the right (but no obligation) to remove any Submissions you make on the Website.
RULES FOR SUBMISSIONS
Please be polite and only write in English.
You confirm that the Submission is your own and that the content does not infringe the material, trademarks or intellectual property rights of others.
If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.
Submissions should not include:
- comments about other reviewers or bloggers
- remarks making criminal accusations, or false, defamatory or misleading statements
- material which impersonates others
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- spam or advertising
- third party brand names or trade marks
- personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- availability, price or alternative ordering or delivery information
- information about Vandas Intimates’ suppliers or manufacturers
- HTML code, computer script or website URLs
Vandas Intimates, in its absolute discretion, reserves the right to:
- Not to publish the Submission or remove it
- Take any appropriate action if deemed necessary
- Remove reviews which relate to seasonal products which are no longer in season
Please inform us know if you see any Submissions which do not comply with our rules.
COPYRIGHTS AND TRADE MARKS
The Website and all material provided on the Website are owned or licensed by Vandas Intimates, including the "look" and "feel" of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Sri Lankan Intellectual Property Act No36 2003 or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Vandas Intimates.
All trademarks displayed on the site (whether registered or otherwise), are owned by Vandas Intimates. The trade marks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner. If you are an authorized reseller of Vandas Intimates products and would like to request permission to use photography or other content from the Website for business purposes, please contact our customer service team via email.
If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.
DISCLAIMER
The information contained on the Website is provided by Vandas Intimates in good faith. As per the best of Vandas Intimates' knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The site may contain errors, faults and inaccuracies and may not be complete and current. Vandas Intimates and its related bodies corporate, and their directors, officers, employees, and agents make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Vandas Intimates excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions.
LIMITATION OF LIABILITY
Subject to any non-excludable liability and the express provisions of these Terms and Conditions, Vandas Intimates will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website, including your membership of Vandas Intimates, or resulting from use of goods or services supplied to you, or on your behalf, through the Website.
Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Vandas Intimates or Vandas Intimates' Associates in connection with goods or services supplied to you will, at the election of Vandas Intimates, be limited to:
With respect to goods, the replacement of the goods or the supply of equivalent goods, the payment of the cost of replacing the goods or the payment of the cost of obtaining equivalent goods
With respect to any Gift Cards, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card
To the extent permitted by law, our liability to you for loss or damage of any kind arising out of your use of, or relating to, this Website will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.
INDEMNITY
You agree to indemnify, defend and hold harmless Vandas Intimates, 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 this Website or your breach of the Terms of Service.
PRIVACY
Personal Information, such as your contact details, that you provide to us during the Order process or in connection with any Vandas Intimates sales related promotion will be kept and used by us for the purpose of processing your Order and improving our order process in accordance with Vandas Intimates’ Privacy Policy.
You represent and warrant to Vandas Intimates that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Vandas Intimates.
VIRUS WARNING
All care is taken to ensure that the Website and data transmissions are free from viruses. However Vandas Intimates cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website and you release Vandas Intimates entirely of all responsibility for any consequences of its use.
USE OF COOKIES
Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personal identifiable information. It is statistical data. This statistical data does not identify any personal details whatsoever. You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.
ELECTRONIC COMMUNICATIONS
You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SECURITY AND VIRUSES
Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.
TERMINATION
Vandas Intimates reserves the right to, at its discretion; terminate your access to and use of the Website: for convenience, at any time, upon provision of notice to you or immediately: if Vandas Intimates reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or If you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).
GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of Sri Lanka and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Courts of Sri Lanka. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Sri Lankan court and waive any right to object to any proceedings
GENERAL
The Website may be accessed from Sri Lanka or overseas. Vandas Intimates makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Sri Lanka. If you access the Website from outside Sri Lanka, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.
Only you and Vandas Intimates shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.
Vandas Intimates reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Vandas Intimates Online with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website, including terminate your membership of Vandas Intimates by contacting Vandas Intimates Customer Service. Continued use of the Website, including any part of Vandas Intimates and you, will constitute acceptance of the amended Terms and Conditions.
Vandas Intimates may give notice to you by electronic mail via the details you have provided to us at the Website.
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
A failure or delay by Vandas Intimates to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Vandas Intimates does not preclude its future exercise or the exercise of any power or right.
ENTIRE AGREEMENT
The above Terms of Service (including the Privacy Policy, any other Vandas Intimates policies linked to herein, and where relevant the Community Guidelines) constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Management of Vandas Intimates.