Terms of service
OVERVIEW
Welcome to Kayang. Throughout this website, the terms “Kayang,” “we,” “us,” and “our” refer to Kayang.
Kayang operates kayang.in and offers information, products, features, tools and related services through this website (collectively, the “Services”). Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products to you.
These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy and any other policies referenced on this website, govern your access to and use of our Services.
By accessing our website, placing an order or otherwise using our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these Terms, please do not use our Services.
Please read these Terms carefully before using the website or placing an order.
SECTION 1 – ELIGIBILITY, ACCESS AND ACCOUNT INFORMATION
By using our Services, you confirm that you are legally capable of entering into a binding agreement under applicable law. If you allow a minor to access or use our Services through a device or account controlled by you, you accept responsibility for their use of the Services.
When browsing our store, creating an account or placing an order, you may be required to provide information including your name, email address, phone number, billing information, payment details and delivery address.
You agree that all information provided by you is accurate, current and complete.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account. Kayang will not be responsible for losses resulting from incorrect information provided by the customer or unauthorised access caused by failure to secure account credentials.
SECTION 2 – OUR PRODUCTS
Kayang offers fresh agricultural produce, seasonal products, packaged foods and other products sourced or produced from the Himalayan region.
We make reasonable efforts to ensure that product descriptions, photographs, quantities, packaging information and other details displayed on our website are accurate. However, actual products may vary slightly from photographs or descriptions displayed online.
In particular, fresh and naturally grown agricultural products may naturally vary in colour, size, shape, texture, sweetness, appearance and other characteristics. Such natural variations do not necessarily constitute a defect.
Similarly, minimally processed and traditionally produced foods may show reasonable variations in colour, texture, consistency or appearance between batches.
Product colours may also appear differently depending on your screen, device and display settings.
Certain Kayang products are seasonal and available in limited quantities. Availability may therefore change without notice.
We reserve the right to modify product descriptions, packaging, quantities, availability or pricing, discontinue products, or limit quantities available for purchase where reasonably necessary.
SECTION 3 – ORDERS AND PAYMENTS
Placing an order on kayang.in constitutes an offer to purchase the selected products.
An order is considered accepted once payment has been successfully processed and the order has been confirmed by Kayang.
We reserve the right to refuse or cancel an order where reasonably necessary, including in cases of product unavailability, pricing or listing errors, suspected fraudulent activity, payment issues, delivery restrictions or circumstances beyond our reasonable control.
If we cancel an order after payment has been received, the applicable amount will be refunded.
Customers are responsible for reviewing their order carefully before completing their purchase, including the product, quantity, delivery address and contact details.
Once an order has entered processing, packing or dispatch, cancellation may no longer be possible.
Returns, replacements, store credits and refunds are governed by our Refund & Return Policy.
SECTION 4 – FRESH AND SEASONAL PRODUCE
Fresh produce is naturally perishable and may be affected by factors including harvest conditions, weather, transportation and handling.
Harvest and dispatch dates provided for seasonal products are estimates unless expressly stated otherwise. Weather, road conditions, harvest readiness, transportation disruptions and other circumstances may occasionally affect these timelines.
We aim to dispatch produce at an appropriate stage of maturity and condition for transportation. However, minor differences in appearance, colour, size, shape, sweetness and texture are natural characteristics of agricultural produce.
Claims relating to damaged fresh produce will be handled according to our Refund & Return Policy and may require photographs and/or an unboxing video for verification.
SECTION 5 – DELIVERY
Customers are responsible for providing a complete and accurate delivery address and contact number.
Kayang will not be responsible for failed or delayed deliveries resulting from incorrect or incomplete information supplied by the customer, repeated recipient unavailability or refusal to accept an otherwise valid delivery.
Delivery estimates are provided in good faith but may be affected by courier operations, weather, road conditions, natural events or other circumstances beyond our reasonable control.
Where a shipment is confirmed as lost in transit, the matter will be handled according to our Refund & Return Policy.
SECTION 6 – PERSONAL USE
Unless otherwise agreed with Kayang, products purchased through our online store are intended for personal or household use.
Products may not be purchased for unauthorised commercial resale, redistribution or export without our prior written consent.
SECTION 7 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content available on kayang.in, including our branding, photographs, graphics, product descriptions, written content, packaging designs and other materials, belongs to Kayang or is used with appropriate permission.
Such content may not be copied, reproduced, republished, distributed or commercially exploited without prior written permission.
SECTION 8 – PROHIBITED USE
You may not use our website or Services for unlawful, fraudulent or abusive purposes, interfere with the security or operation of the website, attempt unauthorised access to our systems, transmit malicious software, or use our content or Services in a manner that infringes the rights of Kayang or any third party.
We reserve the right to restrict or terminate access to the Services where these Terms are materially violated.
SECTION 9 – THIRD-PARTY SERVICES
Certain aspects of our Services may be provided by third parties, including Shopify, payment gateways, logistics providers and other service providers.
Their services may be governed by their own terms and privacy policies.
Kayang is not responsible for independent third-party services or websites except to the extent responsibility cannot legally be excluded under applicable law.
SECTION 10 – INDEMNITY
To the extent permitted by applicable law, you agree to indemnify and hold Kayang, its owners, employees, representatives and service providers harmless from reasonable claims, liabilities, losses or expenses arising from your unlawful use of the Services, violation of these Terms, or infringement of the rights of another person.
SECTION 11 – LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Kayang will not be liable for indirect, incidental, special or consequential losses arising from the use of, or inability to use, our website or Services.
Nothing in these Terms is intended to exclude or limit any rights or remedies available to consumers that cannot legally be excluded or limited under applicable law.
Where Kayang is found liable in connection with a particular order, our liability will, to the extent permitted by applicable law, be limited to the amount paid by the customer for the product or order giving rise to the claim.
SECTION 12 – WEBSITE AVAILABILITY
We aim to keep kayang.in accessible and functioning correctly. However, we do not guarantee uninterrupted or error-free access.
The website may occasionally be unavailable due to maintenance, technical problems, third-party services or circumstances outside our reasonable control.
We will not be responsible for temporary interruptions where liability may lawfully be excluded.
SECTION 13 – CHANGES TO THESE TERMS
We may update these Terms of Service periodically to reflect changes to our products, Services, operations or legal requirements.
The latest version will be published on this page. Continued use of our Services after an updated version becomes effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
SECTION 14 – GOVERNING LAW
These Terms of Service shall be governed by and interpreted in accordance with the laws of India.
Any dispute arising from these Terms or the use of our Services will be subject to the applicable laws and jurisdictional requirements of India, including applicable consumer protection laws.
SECTION 15 – CONTACT INFORMATION
Questions regarding these Terms of Service, an order or any Kayang policy can be sent to us using the contact information provided on kayang.in.
Kayang
Website: kayang.in
