Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.gayabygayendri.com throughout the site, the terms “we”, “us” and “our” refer to Gaya By Gayendri. Please read these terms and conditions (“General Conditions of Sale”) carefully before ordering any products from our site. You should understand that by ordering any of our Products, you agree to be bound by these General Conditions of Sale. These 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.


By placing your order, you accept these general conditions of sale. Please understand that if you refuse to accept these General Conditions of Sale, you will not be able to order any Products from our site. Once you will accept the following General Conditions of Sale, you will be defined hereinafter also as “Clients” or “Client” or “you”.


The General Terms and Conditions of Sale detailed below apply to all orders placed with Gaya By Gayendri for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the website.


Gaya By Gayendri reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. It is your responsibility to check this page periodically for changes. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.



General conditions of sale

Information about us


www.gayabygayendri.com is a site owned and operated by Gaya By Gayendri with registered office at 158/2 Castle Street, Colombo08, Sri Lanka. Email address to contact us gayabygayendri@gmail.com Your status By placing an order through our site, you warrant that:


  • a) You are legally capable of entering into binding contracts;
  • b) You are at least 18 years old.
  • c) You are purchasing the Products for your own personal and non-business use; and any personal data that we gather concerning you shall be used only in accordance with our “Privacy Policy"


Online store terms

By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


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.



Execution of the contract

The price and essential characteristics of each Product (along with the relevant Product codes) are displayed on our site.


Before submitting an order through our site, you shall read carefully all the instructions provided during the purchase procedure (also with regard to the right of withdrawal conditions, the delivery charges and the privacy policy statement), along with these General Conditions of Sale.



Availability and product’s information

Information on Products (along with the relevant Product codes) and relevant prices are available on our site.


The Products available on our site are a selection of items normally available with us; however, we do not provide any warranty to the Client relating to the availability in the stores of the Products available on the Website. Furthermore, we do not guarantee that any of the Products shown on our site will be in stock. Pictures of the Products displayed on our site may not correspond entirely to their actual appearance; we have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. The Client shall therefore rely exclusively on the description of the Products and their characteristics as mentioned in our site.



Transport and delivery In Sri Lanka,


Delivery for all orders placed within Colombo 1-15 will take between 2 to 5 working days.


Delivery for all orders placed out of Colombo (1-15) area will take between 3 to 7 working days from the date of order placement.


Orders placed on Public Holidays will be delivered on the next working day.


Our delivery agent will contact you prior to delivery to inform about the delivery time.



Risk and title

The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Product.


Ownership of the Product(s) will only pass to you when we receive full payment of all sums due in respect of the Product(s), including delivery charges.



Lack of conformity

If a Product sold by us has manufacturing defects or in any case of alleged lack of conformity of Products sold by us, you must notify us of the defect using the following page: contactus@gayabygayendri.com



Price and payment

The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. Our site works in good faith to display accurate Product information at all times.


Delivery costs shall be added to the price of the Products and are indicated separately on the Shopping Cart or order form.


The prices of the Products are indicated on the website in Sri Lankan Rupees. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.


In the event that, for any reason, it is impossible to debit the amount due by the Client within the due deadline, the contract will not be executed, and the order will be cancelled.


Please refer to out T&C including Exchange & Refund policy.



Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.


For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.



Notices

All notices given by you to us must be given to the following email address: contactus@gayabygayendri.com


We may give notice to you at the e-mail address you provide to us when placing an order,

GBG will reply to you as soon as possible using its best and reasonable efforts.



Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.


You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.


We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.



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:


  • a) Strikes, lock-outs or other industrial action.
  • b) Civil commotion, riot, invasion, terrorist attack, lock downs or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
  • d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • e) Impossibility of the use of public or private telecommunications networks.
  • f) The acts, decrees, legislation, regulations or restrictions of any government.

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 endeavors 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.



Waiver

If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these General Conditions of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.


A waiver by us of any default shall not constitute a waiver of any subsequent default.


No waiver by us of any of these General Conditions of Sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.



Entire agreement

These General Conditions of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.


We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these General Conditions of Sale.


Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these General Conditions of Sale.



Our right to vary these general conditions of sale

We have the right to revise and amend these General Conditions of Sale from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.


You will be subject to the policies and General Conditions of Sale in force at the time that you order Products from us, unless any change to those policies or these General Conditions of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these General Conditions of Sale before we send you the delivery confirmation (in which case we have the right to assume that you have accepted the change to the General Conditions of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).



Severability

In the event that any provision of these 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 these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.



User comments, feedbacks 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these 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 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 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.



Personal information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. Copyright and trademark All rights pertaining to the content on our site (text, images, video, voices, programs etc.) belong to Gaya By Gayendri, with registered office at 158/2 Castle Street, Colombo 08, none of the articles, photos, illustrations etc. on this site may be used without the prior permission of Gaya By Gayendri.


All of the trademarks and service marks used on our site are used based in official rights such as being licensed. Their unauthorized use is not permitted.



Law and jurisdiction

Gaya By Gayendri being a registered business in the Democratic socialist republic of Sri Lanka is abided by the Law of the country. These General Conditions and, therefore, the contracts executed with the Clients, are governed by and must be interpreted in accordance with the law of the country. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These 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 these Terms of Service shall not be construed against the drafting party.


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

Gaya By Gayendri having the registered office at No. 158/2, Castle Street, Colombo 08, Sri Lanka.


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 these 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 these Terms of Service constitutes acceptance of those changes.

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