Terms of Use, Sale, Privacy and Retuns

Terms of Use

1 WEBSITE USE
1.1 These terms and conditions (Terms) apply to the information and services offered on the website (www.macacha.co) (Website) of MACACHA HEALTH LTD (Company Number 09413454) (VAT Registration 228 5450 05) of Level 1, 6-8 Bonhill Street, London EC2A 4BX (Macacha, we, us or our). We grant you a non-exclusive, limited and revocable licence to use and access the Website, subject to these terms and conditions (Terms). In these Terms, “us”, “we” and “our” refer to Macacha and references to “you” and “your” is to you, the user of the Website.
1.2 Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms. 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. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
1.3 Any new features or tools which are added to the Website shall also be subject to the Terms. 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 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.
2 WEBSITE AVAILABILITY
2.1 You acknowledge that we are not required to keep the Website available for your use. We make no guarantees, implied or express, as to the ongoing availability of the Website.
2.2 We accept no responsibility for the unavailability of this Website, or any offer of goods or services found on the Website, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Website.
3 ACCOUNTS
3.1 You will have 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).
3.2 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.
3.3 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.
3.4 If we terminate your Account, any current or pending purchases on your Account will not be cancelled unless prior to dispatch.
4 ONLINE STORE TERMS
4.1 By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this Website.
4.2 A breach or violation of any of the Terms will result in an immediate termination of your Websites.
4.3 Any purchase of products from our Website shall be governed by the Terms of Sale.
5 GENERAL CONDITIONS
5.1 We reserve the right to refuse service and access to the Website to anyone for any reason at any time.
5.2 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).
5.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the service is provided, without express written permission by us.
5.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
6 OPTIONAL TOOLS
6.1 We may provide you with access to third-party tools and services (including payment gateways) over which we neither monitor nor have any control nor input.
6.2 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 tools.
7 THIRD-PARTY WEBSITES & ADVERTISING
7.1 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.
7.2 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.
7.3 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.
7.4 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.
8 USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
8.1 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;
(a) to maintain any Comments in confidence;
(b) to pay compensation for any Comments; or
(c) to respond to any Comments.
8.2 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.
9 PERSONAL INFORMATION
9.1 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.
9.2 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.
10 ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
10.1 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.
10.2 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.
11 ERRORS, INACCURACIES AND OMISSIONS
11.1 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).
11.2 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.
12 PROHIBITED USES
12.1 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content:
(a) for any unlawful purpose;
(b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(e) to submit false or misleading information;
(f) 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;
(g) to collect or track the personal information of others;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.
12.2 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.
12.3 We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.
13 INTELLECTUAL PROPERTY
13.1 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:
(a) Replicate all or part of the Website in anyway; or
(b) Incorporate all or part of the Website in any other webpage, website, application or other digital or non-digital format.
13.2 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.
13.3 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.
14 DISCLAIMER OF WARRANTY; LIMITATIONS OF LIABILITY
14.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
14.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
14.3 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.
14.4 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.
14.5 You expressly agree that your use of, or inability to use, the service is at your sole risk.
14.6 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.
15 INDEMNIFICATION
15.1 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 documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15.2 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 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.
16 TERMINATION
16.1 These Terms are effective unless and until terminated by either you or us.
16.2 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
16.3 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).
17 ENTIRE AGREEMENT
17.1 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.
17.2 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, but not limited to, any prior versions of the Terms).
17.3 Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
18 GOVERNING LAW
18.1 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.
18.2 These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.
19 CHANGES TO TERMS OF USE
19.1 You can review the most current version of the Terms at any time at this page.
19.2 We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
19.3 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.
20 CONTACT & NOTICES
20.1 You can contact our customer service team by email hola@macacha.co and should send them any questions about these Terms. .
20.2 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.
20.3 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.
20.4 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

1 APPLICATION OF TERMS
1.1 These terms and conditions (Terms of Sale) apply to the sale of all products (Products) advertised on our website (www.macacha.co) or sold to retail consumers (Website) by MACACHA HEALTH LTD (Company Number 09413454) (VAT Registration 228 5450 05) of Level 1, 6-8 Bonhill Street, London EC2A 4BX (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.
1.2 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 Service or referenced herein. These Terms of Sale apply to all purchasers of our product.
1.3 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 product. If these Terms of Sale are considered an offer, acceptance is expressly limited to these Terms of Sale.
1.4 Any new products which are added to the current store shall also be subject to the 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.
2 ACCOUNTS
2.1 You will have the option to create an account to assist the purchase of Products from the Website (Account) which will contain certain personal and payment details. 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).
2.2 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.
2.3 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. Please be aware that purchases can only be cancelled until they are dispatched.
3 ORDERS
3.1 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.
3.2 Order confirmations for Products shall contain the following information:
(a) Confirmation of the Products ordered including key specifications of those Products;
(b) Itemised pricing for the Products including any taxes, delivery and other additional charges; and
(c) Estimated delivery date(s) and time(s).
3.3 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.
3.4 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.
3.5 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.
3.6 If we terminate your Account, any current or pending purchases on your Account will not be cancelled unless prior to dispatch.
3.7 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.
4 PRICES & PAYMENT
4.1 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.
4.2 The prices for the Product(s) indicated on our Site 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.
4.3 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.
4.4 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.
4.5 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 but not limited to 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).
4.6 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.
5 CANCELLATIONS, RETURNS & REFUNDS POLICY
5.1 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.
5.2 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.
5.3 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.
(a) Only regular priced items may be refunded. Discounted products cannot be refunded.
(b) 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.
5.4 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.
5.5 If you are approved, then your refund will be made through the same payment method used when purchasing the Product(s).
5.6 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: [#address]
5.7 You are responsible for the Products until we sign upon delivery to us, so we recommend you select insurance cover with postage.
5.8 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.
5.9 Returns and cancellations are governed by the Cancellations, Returns & Refunds Policy contained in these Terms of Sale.
5.10 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 (www.direct.gov.uk) or contact Consumer Direct (08454 04 05 06), the Government funded consumer advice service.
6 DELIVERY
6.1 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.
6.2 Next day delivery is available at a cost of £5.00 (orders must to be placed before 4pm between Monday and Friday. Couriers will deliver next working day - excludes bank holidays).
6.3 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.
6.4 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.
6.5 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.
6.6 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.
7 LIMITATION OF LIABILITY
7.1 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.
7.2 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.
7.3 Nothing in these Terms and Conditions excludes or restricts any liability that cannot be excluded by law for:
(a) death or personal injury resulting from any negligence or fraud on our part; or
(b) 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.
7.4 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.
7.5 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.
8 INDEMNIFICATION
8.1 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 documents they incorporate by reference, or your violation of any law or the rights of a third-party.
8.2 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 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.
9 TERMINATION
9.1 These Terms of Sale are effective unless and until terminated by either you or us.
9.2 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
9.3 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).
10 ENTIRE AGREEMENT
10.1 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.
10.2 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, but not limited to, any prior versions of the Terms of Sale).
10.3 Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.
11 GOVERNING LAW
11.1 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.
11.2 These Terms are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.
12 CHANGES TO TERMS OF SALE
12.1 You can review the most current version of the Terms of Sale at any time at this page.
12.2 We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
12.3 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.
13 NOTICES
13.1 You can contact our customer service team by email at hola@macacha.co, by telephone on # and by post at #address.
13.2 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.
13.3 We will send you notices and other correspondence to the email address that you submit to the Website, or that you notify Macacha of from time-to-time. It is your responsibility to update your contact details as they change.
13.4 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.
14 CONTACT INFORMATION
14.1 Questions about the Terms of Sale should be sent to us at hola@macacha.co

Privacy Policy

1 PURPOSE OF OUR POLICY
1.1 MACACHA HEALTH LTD (Company Number 09413454) (VAT Registration 228 5450 05) of Level 1, 6-8 Bonhill Street, London EC2A 4BX (Macacha, we, us or our) provides the products and services offered on our website (www.macacha.co) (Website).
1.2 For the purposes of the Data Protection Act 1998 (Act), we are the data controller.
1.3 We have adopted this Privacy Policy to ensure that we have standards in place to protect the data that we collect about individuals that is necessary and incidental to:
(a) Providing the products and services that Macacha offers; and
(b) The normal day-to-day operations of our business.
1.4 By publishing this Privacy Policy we aim to make it easy for our users, customers and the public to understand what data we collect and store, why we do so, how we receive and/or obtain that information, and the rights an individual has with respect to their data in our possession.
2 WHO AND WHAT THIS POLICY APPLIES TO
2.1 We handle data in our own right and also for and on behalf of our customers and users.
2.2 Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies which we store.
2.3 The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.
2.4 If, at any time, an individual provides data or other information about someone other than himself or herself, the individual warrants that they have that person's consent to provide such information for the purpose specified.
2.5 Macacha’s products and services are not available to children (persons under the age of 18 years).
3 THE INFORMATION WE COLLECT
3.1 In the course of business it is necessary for us to collect data. This information allows us to identify who an individual is for the purposes of our business, share data when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:
(a) Personal Information. We may collect personal details such as an individual’s name, billing address and shipping address;
(b) Contact Information. We may collect information such as an individual’s email address, telephone number, and other information that allows us to contact the individual;
(c) Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;
(d) Statistical Information. We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and
(e) Information an individual sends us. We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities, including activities with our partners (such as Facebook or Twitter).
3.2 We may collect other data about an individual, which we will maintain in accordance with this Privacy Policy.
3.3 We may also collect non-data about an individual such as information regarding their computer, network and browser. This may include their IP address.
4 HOW INFORMATION IS COLLECTED
4.1 Most information will be collected in association with an individual’s use of Macacha sites, products and services, an enquiry about Macacha or generally dealing with us. However, we may also receive data from other sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners (such as Facebook or Twitter). In particular, information is likely to be collected as follows:
(a) Registrations/Subscriptions/Purchases. When an individual registers, subscribes and or purchases a product whereby they enter data details or grant access to information in order to receive or access something, including a transaction or services;
(b) Accounts/Memberships. When an individual submits their details to open an account and/or become a member with us;
(c) Partners. When an individual grants us access to their accounts with our business partners (such as Facebook or Twitter).
(d) Supply/Contact. When an individual supplies us with goods or services. or contacts us in any way;
(e) Pixel Tags. Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.
4.2 As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their data is being collected.
4.3 We may also collect anonymous data such as traffic, IP addresses and transaction statistics, which may be used and shared on an aggregated and anonymous basis.
5 SHOPIFY
5.1 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.
5.2 Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
5.3 If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
5.4 All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
5.5 PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
5.6 For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
6 HOW DATA IS STORED
6.1 The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
6.2 By submitting your personal data, you agree to this transfer, storing or processing.
7 WHEN DATA IS USED
7.1 In general, the primary principle is that we will not use any data other than for the purpose for which it was collected other than with the individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.
7.2 We will retain data for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
7.3 Information is used to enable us to operate our business, especially as it relates to an individual. This may include:
(a) The provision of goods and services between an individual and us;
(b) Verifying an individual’s identity;
(c) Communicating with an individual about:
i Their relationship with us;
ii Our goods and services;
iii Our own marketing and promotions to customers and prospects;
iv Competitions, surveys and questionnaires;
(d) Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or
(e) As required or permitted by any law (including the Act).
7.4 If you publicly post about Macacha, or communicate directly with us, on a social media website, we may collect and process the data contained in such posts or in your public profile for the purpose of addressing any customers services requests you may have and to monitor and influence public opinion of Macacha.
8 WHEN DATA IS DISCLOSED
8.1 It may be necessary for us to disclose an individual’s data to third parties in a manner compliant with the Act in the course of our business, such as for processing activities like website hosting.
8.2 We will not disclose or sell an individual’s data to unrelated third parties under any circumstances unless We employ other companies to perform tasks on our behalf and We need to share your information with them to provide products and services to you.
8.3 There are some circumstances in which we must disclose an individual’s information:
(a) Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;
(b) As required by any law (including the Act) including court orders; and/or
(c) In order to sell our business (as we may transfer data to a new owner).
8.4 We will not disclose an individual’s data to any entity outside of the United Kingdom that is in a jurisdiction that does not have a similar regime to the Act or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of the United Kingdom will not be made until that entity has agreed in writing with us to safeguard data as we do.
8.5 We may partner with or utilise third-party service providers (such as Gmail from Google, Inc) to communicate with an individual and to store contact details about an individual. These service providers may be located outside the United Kingdom, including the United States of America.
9 THIRD PARTY ACCOUNTS
9.1 We may link your account with a third party (such as Facebook or Twitter) to our services to enable certain functionality, which allows us to obtain information from those accounts (including your profile picture, friends or contacts).
9.2 The information we may obtain from those services often depends on your settings or their privacy policies.
10 COOKIES POLICY
10.1 Our Website uses cookies to distinguish you from other users of the Website. This helps us to provide you with a good experience when you browse the Website and also allows us to improve the Website. By continuing to browse the Website, you are agreeing to our use of cookies.
10.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.
10.3 If you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Website.
10.4 Shopify uses the following cookies:
(a) _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
(b) _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
(c) _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
(d) cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
(e) _secure_session_id, unique token, sessional
(f) storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
10.5 We use the following cookies:
(a) Strictly necessary cookies. These are cookies that are required for the operation of the Website. They include, for example, cookies that enable you to log into secure areas of the Website.
(b) Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way the Website works, for example, by ensuring that users are finding what they are looking for easily.
(c) Functionality cookies. These are used to recognise you when you return to the Website. This enables us to personalise our content for you, greet you by name, remember your preferences, content and relationships with other users.
(d) Targeting cookies. These cookies record your visit to the Website, the pages you have visited and the links you have followed. We will use this information to make the Website and any advertising displayed or offers made are more relevant to your interests.
10.6 Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.
10.7 If you are unclear about the types or function of the cookies we use, please contact us for more information.
11 OPTING “IN” OR “OUT”
11.1 An individual may opt to not have us collect their data and communicate with them. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. They will be aware of this when:
(a) Opt In. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us; or
(b) Opt Out. Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.
11.2 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us on the details below.
12 THE SAFETY & SECURITY OF DATA
12.1 We will take all reasonable precautions to protect an individual’s data from unauthorised access. This includes appropriately securing our physical facilities and electronic networks.
12.2 The security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, data where the security of information is not within our control.
12.3 We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s data to in accordance with this policy or any applicable laws). The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.
12.4 If an individual suspects any misuse or loss of, or unauthorised access to, their data, they should let us know immediately.
12.5 We are not liable for any loss, damage or claim arising out of another person’s use of the data where we were authorised to provide that person with the data.
13 HOW TO ACCESS AND/OR UPDATE INFORMATION
13.1 The Act gives you the right to request from us the data that we have about you.
13.2 If an individual cannot update his or her own information, we will correct any errors in the data we hold about an individual within 7 days of receiving written notice from them about those errors.
13.3 It is an individual’s responsibility to provide us with accurate and truthful data. We cannot be liable for any information that is provided to us that is incorrect.
13.4 We may charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the data we hold about them.
14 COMPLAINTS AND DISPUTES
14.1 If an individual has a complaint about our handling of their data, they should address their complaint in writing to the details below.
14.2 If we have a dispute regarding an individual’s data, we both must first attempt to resolve the issue directly between us.
14.3 If we become aware of any unauthorised access to an individual’s data we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.
15 ADDITIONS TO THIS POLICY
15.1 If we decide to change this Privacy Policy, we will post the changes on our website at #www.macacha.co/privacy. It is your responsibility to refer back to this Privacy Policy to review any amendments.
15.2 We may do things in addition to what is stated in this Privacy Policy to comply with the Act and nothing in this Privacy Policy shall deem us to have not complied with the Act.
16 CONTACTING US
16.1 All correspondence with regards to privacy should be addressed to:

The Data Controller
Macacha Ltd
hola@macacha.co
You may contact us by email in the first instance.

 

Returns Policy

1 INTRODUCTION
1.1 This Returns Policy forms part of the Terms & Conditions of Sale and applies to the sale of all products (Products) advertised on our website (www.macacha.co.uk) (Website) by Macacha Limited (Company Number #) (VAT Registration #228 5450 05) of First Floor, 6-8 Bonhill Street, London, England, EC2A 4BX (Macacha). In this Policy, “us”, “we” and “our” refer to Macacha and references to “you” and “your” is to you, the purchaser of any Products.
1.2 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 (www.direct.gov.uk) or contact Consumer Direct (08454 04 05 06), the Government funded consumer advice service.
1.3 If you require further information or are not satisfied with how we have handled the cancellation, return or refund for any Products, please contact our customer service team by email at info@milleniadirect.co.uk, by telephone on #telephone and by post at #address.
2 CANCELLATIONS
2.1 You may cancel any order (without reason) within 14 days, in which case you shall be responsible for the delivery costs for returning the Products. The 14 day period starts on the date of purchase.
2.2 You are responsible for demonstrating cancellation. You may complete and return the following Model Cancellation Form to us by email:
• To: hola@macacha.co
• I hereby give notice that I cancel my contract of sale of the following goods:
Ordered on:
Order number:
Name of customer:
Address of customer:
Products being returned
Reason for cancelling:
3 RETURNS - POLICY
3.1 We aim to always provide high quality Products that are free of defects. On occasion however, Products may need to be returned. We aim to resolve your query promptly and with minimal inconvenience.
3.2 If you receive Products which do not match those that you ordered, have defects or were damaged during delivery, you must notify us within 14 calendar days and we accept returns within 30 days of delivery (unless otherwise noted on the product page.
3.3 We will need to know your order number, the specific Products to be returned, and the reason for return. We will provide you with a returns authorisation number and information to assist with processing your request.
3.4 You will have the option to have the Products replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Products.
3.5 We will not accept returns for Product(s) that have been used, damaged, worn or soiled.
4 RETURNS - DELIVERY
4.1 All Product(s) must be returned in their original condition, including boxes, tags, booklets and labels (disturbed only as necessary for inspection equivalent to that in a physical store).
4.2 You must take care to pack Products securely, include the returns form and obtain proof of postage / delivery.
4.3 You are responsible for the Products until we sign upon delivery to us, so we recommend you select insurance cover with postage.
4.4 You shall be liable for any loss in value of any Products, if the loss is the result of your use or unnecessary handling, or damage during return delivery.
5 REFUNDS
5.1 Any refunds will be made through the payment method used by you when purchasing the Product(s). We will not make refunds to a third party.
5.2 We are responsible for paying shipment costs only for faulty or damaged Product(s) so long as you use standard Royal Mail services. We regret that additional costs such as express delivery will not be refunded.
5.3 We may deduct from any refund loss in value of the Products resulting from your use or unnecessary handling of the Products.
5.4 Any refunds will be issued without undue delay after receipt of the returned Products (or evidence that the Products were returned or that no Products were delivered).