Terms & Conditions

Welcome to Amila Stores Online! These terms and conditions govern the usage of our website and mobile app. If you wish to create an account with us to use our service, you are required to agree with our terms and conditions.

Acceptance of Terms and Conditions

It is the responsibility of all users to read and understand the terms and conditions outlined hereunder, we therefore kindly request all users to carefully read this agreement as the use of services provided by our Company represents full consent of provisions of this agreement.

By accessing, downloading or using our website or mobile application you agree to be bound by these terms of use and all terms incorporated by reference. Please do not use our website, the mobile application and/or related online services if you disagree with any of these terms and conditions.

These terms and conditions (hereinafter referred to as “terms”) apply exclusively to your access to, and use of, the website and mobile application of Amila Stores Online eCommerce store (hereinafter referred to as “online store”) of Amila Stores (hereinafter referred to as “Amila Stores”). These terms do not alter or replace in any way the terms and conditions of any other agreement you may have with Amila Stores for products and services or otherwise (for example: Terms and Conditions of Amila Rewards Program, Amila Gift Vouchers or Amila Affiliated Credit Cards)

Amendments

We reserve the right to amend or modify these terms at any time in our sole discretion. If you disagree with any amendment or modification made, to these Terms and Conditions, you must immediately discontinue your access to the online store. However, continued use of the online store will constitute acceptance of these terms, which may be amended from time to time. We, therefore, encourage you to frequently review the terms in ensuring that you understand and are up to date with the revised terms that apply to your use of the online store.

Use of the online store

Your access to, and use of, the online store is conditional on your acceptance and compliance with the terms and any notices, disclaimers contained herein under.

The use of the online store or any related online services are intended solely for the users who access it in the territory of Sri Lanka. We make no representation whatsoever that any goods or services available or otherwise suitable for use outside the territory of Sri Lanka. If you choose to access this site from locations outside Sri Lanka, you do so on your own initiative and are responsible for compliance with the respective local laws, where necessary.

The use of the online store will require internet connectivity and appropriate telecommunication links (as the case may be). You may be charged by the internet service provider or any other such telecommunication providers for the duration of the connection while accessing the online store and you will be responsible for all such charges.

If you are not the bill payer or owner of the said connection, you are presumed to have permission for such use.

Registration

To register with us, you must be over eighteen (18) years of age and you must ensure that the details provided by you are true, complete and accurate. Please inform us of any changes to your information by updating your personal details to ensure that our records are correct.

Our online store is not targeted towards nor intended for use by any individual who is under the age of eighteen (18). By using or accessing the online store, you represent and warrant that you are eighteen (18) years or above the age of eighteen (18).

Please refrain from accessing, using or registering for an account on the online store or carrying out purchases if you are below the age of eighteen (18).

You further represent and warrant that you;

Have not previously been suspended or removed from the online store;
Do not have more than one account under the online store; and
Have the full power and authority to agree to the terms, and in doing so is not in violation of any other agreement which you are a party to.

In order to access and use the online store, you will need to create an account and provide information about yourself as a part of the registration process which would include inter alia,

Your full name;
Residential address;
National identity card (nic) number;
Mobile phone number; and
Email address
Password

You must select a password when creating the account. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details).

If Amila Holdings has reason to believe that there is likely to be a breach of security or misuse of the site, we may require you to change your password or we may suspend your account in accordance with point 6 below.

Cargills right to suspend or cancel your registration

We reserve the right to suspend or terminate your account at any time whatsoever with or without prior notice to you.We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms.

You can cancel this agreement at any time by informing us in writing. If you do so, you must cease to use the online store.

The suspension or cancellation of your registration and your right to use our online services shall not affect either party's rights or liabilities.

We reserve the right to block access to and/or to edit or remove any material which, in our reasonable opinion, may give rise to a breach of these terms.

Pricing

All the products listed on the site will be sold at Market Retail Price unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products are unlikely to fluctuate on a daily basis there are a few commodities and fresh food prices the prices of which do change on a daily basis. In the event the prices are higher or lower on the date of delivery no additional charges will be made nor will there be refunds afforded at the time of the delivery of the order.

Cancellations & Refunds

You are allowed to cancel your order, on your own, any time prior to checkout, without payment.In addition to that, we will facilitate your cancellation requests directed to our customer service centreprior to dispatch of goods from our eCommerce store. The relevant refunds will be directed to your selected payment option. The processing time of the payment refund will vary based on your selected payment method.

We regret to note that we cannot facilitate your cancellation requests made after your orders have been dispatched from our eCommerce store. Please refer the FAQ section for delivery returns.

Ownership and intellectual property rights

The online store is owned and operated by Amila Holdings. The content including but not limited to information, photographs, illustrations, artwork and other graphic material, names, logos of the online store form party of intellectual property of Amila Holdings and its subsidiaries or affiliates and are protected by copyright, trademark and overall intellectual property laws.

You acknowledge that Amila Holdings owns or is the licensee to all rights, title and interest in and to this online store, including all rights under patent, copyright, trademark and all other proprietary rights including all applications, renewals, extensions and restorations thereof, granted by and under any and all applicable laws.

You are granted a personal non-exclusive, non-transferable, limited license to view and to download and/or print insignificant portions of the content from the online store provided it is used solely for informational and non-commercial purposes.You may not otherwise reproduce, modify, copy, reverse engineer or distribute or use for commercial purposes any of contents on the online store or source code of any application of the online store.

Nothing contained in this online store should be construed as granting any license or right to use any of our intellectual property without our prior written consent. We shall take legal action against any unauthorized usage of our intellectual property to protects the rights in the matter. All rights not expressly mentioned herein are reserved.

By submitting user content when creating an account, you automatically grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive, able to sublicense and transferable right and license to use, record, lease, reproduce, distribute, create derivative work, publicly displayor perform, transmit, publish and otherwise exploit user content in whole or in party as we deem appropriate including but not limited to, in connection with Cargills or its parent and subsidiaries or affiliate businesses.

Amila Holdings is committed towards protecting the privacy of the users. The data collected in the framework of this online store are used in exclusively in accordance of the laws of Sri Lanka.The data will be securely processed by Amila Holdings and shared only with its affiliated companies, subsidiaries, franchisors, certain commercial partners, certain service providers (agents) and such other related parties of Amila Holdings Group.

Data are not transferred to unaffiliated third parties without the express consent of the user.Data including but not limited to personal information will be protected with reasonable safeguards against loss or theft as well as unauthorized access, disclosure, copying, use or modification.

Amila Holdings is committed to conductingits business in a manner which would ensure that the confidentiality of personal information and all such data are protected and maintained. Please refer our privacy statement for more information in this regard.

Availability of the Site

Our aim is to offer you the best service possible, however we cannot guarantee that a fault free service as online services are subject to inter alia, availability of the network services, computer failures, hacking, bugs and computer malware. Please contact our customer service hotline, if you experience any form of fault. We will attempt to rectify the fault/issue as fast as possible.

Your access to the online store may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services and will attempt to restore the service as fast as possible.

Amila Holdings Group Liability

The online store, including without limitation, all content, function, materials and services are provided “as is” as available. Amila Holdings expressly disclaims warranties, including the warranties of non-infringement, any warranty for information, data, data processing services or uninterrupted access, and any warranties concerning the availability, accuracy, completeness, usefulness, or content of information.

Amila Holdings does not warrant or represent that any material on the websites is accurate, complete, current, reliable, or error-free or that defects will be corrected. Amila Stores makes no warranty that the online store will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the online store shall create any warranty not expressly made herein. If you are dissatisfied with the online store, your sole remedy is to discontinue using the online store.

Amila Holdings makes no warranty that the Amila Super Center Online app will be compatible with your mobile or such other device.

Amila Holdings disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to any errors in or omissions from the online store including but not limited to technical inaccuracies and typographical errors, the unavailability of the sites or any portion thereof, your use of the online store, or your use of any equipment or software in connection with the online store.

Limitations of use

You may not use the online store for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
Gaining unauthorized access to other computer systems;
Interfering with any other person's use or enjoyment of the online store;
Breaching any laws concerning the use of public telecommunications networks;and
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Indemnity

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of use of services, any other party’s use of services using your user credentials or verification pin or any such other identification.

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with any claim by any third party that the use of the online store by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice.

Third Party Websites

This online store may include links to other websites or materials and we are not responsible in any form for the contents of other websites and materials. You may subject to the terms and conditions of such thirdpartywebsites upon accessing or using the same.

Product and Service Availability

The online store may contain reference to products and services that are not available in every location.

Our search function has been designed to help you save time and find the relevant products from our online store of your choice using the available search criteria which may be subject to change/improvement from time to time.

The product list and description available on the online store may be subject to change and be reformulated.Therefore, you are encouraged to review product labels prior to purchase.

Amila Super Rewards

Amila Super Rewards is the loyalty program offered by Amila Holdings for its loyalty members and is linked to the online store. Please refer to the <amilaholdings.com> website for relevant terms and conditions.

Governing Law

The construction, interpretation and enforcement of this agreement shall be governed in accordance with the laws of Sri Lanka. However, the parties hereto shall seek and settle all disputes arising from this agreement primarily in an amicable manner.

Ratings and Review

Any communication or other information sent to Amila Holdings via e mail or otherwise in connection with your use of the online store, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Amila Holdings for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to amila Stores.

Amila Holdings may not review all communications and material posted or uploaded and is not responsible for the content of these communication material.

We may contact you at the e-mail address attached to your account to request a review or to notify you about the status of your review.

Amila Super Centers reserves the right to block or remove communication materials that it determines to be abusive, defamatory or obscene, clearly false or misleading, in violation of intellectual property rights of another or libelous, harassing vulgar, inappropriate with respect to race, gender, sexual orientation, ethnicity or other intrinsic characteristics or unrelated to goods or services offered by our online store.

Miscellaneous

This agreement embodies the entire understanding with respect to the subject matter hereof and supersedes and replaces any and all prior understandings and arrangements.

Should any portion of this agreement be judicially determined to be illegal or unenforceable, the remainder of the agreement shall continue in full force and effect, and either party may renegotiate the terms affected by the severance.

You may not assign, sub license or otherwise transfer any of your rights under these terms without the written consent of Amila Super Center.

Cargills shall not be responsible for breach of these terms caused by circumstances beyond its control.

You agree that no joint venture, partnership, employment or agency relationship exists between Amila Holdings and you as a result of this agreement or use of online store.

Amila Holdings right to exercise

The failure of Amila Super Center to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Further queries

If you have any questions with regard to the use of the online store, please refer to the FAQ section on the online store. All other queries, questions, feedback or comments with regard to the online store may be directed to the customer services by calling or +94 xxx xxxx or emailing online@amilaholdings.lk.

Last update: 23/02/2023

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