Access to and use of this Website and the products and delivery services (hereinafter collectively “the Services”) offered through this Website is subject to the following terms and conditions. By use of the Services of the Website of ‘The Kingsbury PLC’ (“Kingsbury”) you are agreeing to be bound by the terms and conditions contained herein. You also agree that the terms and conditions contained herein may be updated, changed and / or withdrawn by us at any time without notice to you. Your continued use of this Website constitutes an acknowledgement that you are agreeable to any amendment or update of the Terms and Conditions posted herein. You may withdraw your consent at any point.
We will not be liable if for any reason at any point in time this Website is unavailable or if you have been restricted access to whole or part of the Website.
Kingsbury may assign any of its rights, obligations, liabilities or otherwise to any third party without any prior notice.
ORDER AND DELIVERY
Products available for delivery will be indicated on the Website and will be subject to availability at any given point and may be subject to change as well as price fluctuations at the absolute discretion of Kingsbury. All payments are required to be made by Visa / Master / AMEX – Credit or Debit cards and prices shall be inclusive of any taxes. A delivery charge may be added to the final pricing which will depend upon the distance of delivery and may be adjusted at the sole discretion of Kingsbury.
The time of delivery is stated as an estimate only and may be subject to change depending on the ability and availability of Kingsbury to meet the estimated delivery times. Kingsbury will bear no liability for any failure or delay in delivery arisen out of circumstances beyond the control of Kingsbury.
CANCELLATION & REFUND POLICY
Once an order is placed and confirmed, it cannot be cancelled by the guest and is not refundable.
Kingsbury may cancel an order due to unforeseen circumstances, and in the event of such cancellation, Kingsbury shall endeavour to issue a refund within 07 working days of such cancellation.
Kingsbury will not accept any returns of the products once delivered to the customer. Any complaints in terms of the Services may be lodged at http://indulgence.thekingsburyhotel.com and a representative shall attend to such complaint within 3 working days. Any remedy that may be offered by Kingsbury shall be at the sole discretion of Kingsbury.
You will not misuse this Website and / or the Services provided under this Website. Without limiting the breadth of the foregoing you acknowledge and accept that you will not use the Website in a manner so as to conflict with normal usage of the Website or unreasonably prejudice the legitimate interests of Kingsbury in use of the Website.
INTELLECTUAL PROPERTY RIGHTS
All original icons, logos, illustrations, and graphic designs, copyrights created by Kingsbury for use on the Website are the exclusive property of Kingsbury.
DISCLAIMER OF LIABILITY
The Services provided under this Website is “AS IS” and is without guarantees, warranties or conditions as to its accuracy, veracity and / or validity. Unless expressly provided for by Kingsbury in these General Terms and Conditions and or in the Website, Kingsbury hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any indirect, incidental, consequential, special, exemplary or punitive damages, and arising out of the performance, use or otherwise of this Website.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka and all claims, disputes and other matters arising out of or in connection with this Agreement shall be referred to settlement by Arbitration under the rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice (ICLP).
These General Terms and Conditions shall constitute the entire and complete Agreement between Kingsbury and you and supersedes all prior or contemporaneous agreements of representations, written or oral with respect to the subject matter. Headings given to various clauses are inserted for ease of reference only, and do not form part of this agreement for the purposes of interpretation.
In the event of the application of any provision of this agreement or a circumstance, become invalid and/or unenforceable, the remainder of this agreement will remain to the fullest extent permitted by law thus not defeating the original intention of the agreement.
No omission or delay on the part of Kingsbury exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of such right, power or privilege. The rights and remedies herein provided are cumulative with and not exclusive of any rights or remedies provided by law.
Kingsbury shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Kingsbury shall in no manner or form be liable for failure to perform its obligations hereunder including but not limited to the Services on account of any circumstances out of the reasonable control of Kingsbury.
In no way shall the acceptance of these Terms and Conditions and / or the engagement of Services constitute a relationship between the parties other than that of customer and service provider. You shall have no authority, right or power to obligate or bind Kingsbury to any other purpose apart from the reasonable provision of Services as envisaged herein.