Terms and Conditions

Welcome to Kit Pou Kwi or KPK for short!

Below are our ‘Terms and Conditions’. Please take the time to read them. Kindly do the same for our ‘Privacy Policy’. These govern your future collaboration with Kit Pou Kwi Ltd.

1. Purpose of Policy

You should understand that by ordering any of our product, you agree to be bound by these terms and conditions. Should you have any question about the ‘Terms and Conditions’, you can call us on 233-4134 during office hours or email us at kitpoukwi@intnet.mu. This is a real Contract. These are terms and conditions that govern your use of our website, all purchases of KPK meal delivery services (the ‘Products’), and any other interaction between us. If you keep going and use the Services – even just browsing the website-you agree to comply with and be bound by all these Terms and Conditions and our Privacy Policy.

2. Service Availability

The website is only intended for use by people residing in Mauritius. We do not accept orders from individuals residing outside Mauritius.

3. Your Status

By placing an order through our website, you warrant that:

a. You are legally capable of entering into binding contracts;

b. You are at least 18 years old;

c. You are resident in Mauritius; and

d. You are accessing our site from that country.

4. Formation of Contract

a.Create a customer account (please refer to our ‘Privacy Policy’ for Data protection information), and select a delivery day when you want your meal-kit to be delivered. Plan your deliveries up to 4 weeks in advance, skip a week or more any time.

b. After placing an order on our standard order form, you will receive an email from us acknowledging that we have received your order. Kindly note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, after receiving your full payment, and we shall then confirm such acceptance to you by sending you a Payment Confirmation and a Dispatch Confirmation by mail. The contract between us will only be formed when we send you the Dispatch Confirmation.

5. Coupons and Discount Promotions

a.We offer a Coupon for a ‘first trial’ of a KPK Meal Kit. Kindly note that the coupon may be used only once by you. The Coupon may only be redeemed through the Website and not through any other sites or method of communication. To use your coupon, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the coupon.

b. Any discounts attached to the Coupon or any other Discount Promotions apply to the price of the products ordered and not to delivery charges which will be chargeable at normal rates, namely Rs 50 for 1-2 meal kits ordered and free delivery as from 3 meal kits ordered.

c. We reserve the right to withdraw or cancel any Coupon/Discount Promotion for any reason at any time.

6. Availability and Delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation, unless there are exceptional circumstances. In the latter case, we shall immediately inform you. Given the high perishability of our Products, if we have to cancel your order, we will issue a full refund or credit. Please refer to para. 10 herewith.

7. Risk and Food Safety Considerations

Risk passes to you upon delivery. You agree that risk passes to you upon delivery, even if signed for by someone else who is authorised to receive packages for you. Any individual at the delivery address who accepts a delivery from us is presumed to be authorised to receive such delivery.

You are responsible for the safe handling of all Products made available through KPK’s website upon delivery. We recommend that you immediately inspect all Products you receive and if any issues arise, kindly call us on 233-4134 (during office hours) or email us at www.kitpoukwi.mu.

We recommend that you immediately, upon delivery, refrigerate all perishable products. Kindly note the following important recommendations:

• Meat, poultry and seafood should be frozen if not used within 24-48 hours after delivery.

• All fresh products that need to be washed under running water prior to using are labelled as such. Failure to follow safe handling practices and recommendations may increase the risk of foodborne illness. You are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products.

Kit Pou Kwi production facility actively stores, portions and distributes ingredients that contain all eight (8) of the major allergens namely milk, wheat, egg, soy, fish, shellfish, peanuts and tree nuts. While KPK takes all necessary precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production that may cause meals or other products offered in connection with KPK service to contain some or all of those allergens. Eggs, fish and shell fish, and soy are allergens that are commonly found in many ingredients, especially some of the sauces that may be used in the KPK recipes (fish sauce, Worcestershire sauce etc.). If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider.

8. Warranty

We warrant to you that any Product purchased from us through the Website will, on delivery:

a. conform with its description;

b. be of satisfactory quality;

c. be reasonably fit for all the purposes for which products of that kind are commonly supplied.

9. Product substitution

We only deliver fresh foods that meet our standards, and we have high standards. This means that sometimes an ingredient might no longer meet our standards or be unavailable at the time of delivering your Products. If that happens, and we have another item that we think is a good replacement, we will make a substitution. If you disagree and aren’t happy with the replacement, you may contact us for a partial refund or credit for that item.

10. Satisfaction Guarantee – Refund Policy

All our meals and products are guaranteed by a 100% customer satisfaction guarantee. If you are dissatisfied with a meal and/or product for any reason, please contact us on 233-4134 (during office hours) or email us at kitpoukwi@intnet.mu within 24 hours after delivery, and we will issue a full or partial refund or credit voucher for that meal, meal ingredient or Product. Credit refunds are issued back to the original method of payment less any delivery fees. We may require the return or photographic support of any meal ingredient or Product with which you are dissatisfied before providing any refund or credit voucher.

11. Cancellation Deadline

You may cancel an order by calling us on 233-4134 or email us at kitpoukwi@intnet.mu until noon on Monday prior to your delivery date – this is when we start processing your order. After this cancellation deadline, you will be charged the full purchase price. If you have cancelled an order within the cancellation period, we will process any refund due to you within 3 days of the day you gave notice of cancellation. In this case, we shall refund the price of the Product in full, and any applicable delivery charges.

12. Proprietary Rights

Kit Pou Kwi Ltd is the owner of all the intellectual property rights in the website, whether registered or unregistered, and in the material published on it. These works are protected by copyrights laws and all such rights are reserved.
b. You may print off one copy, and may download extracts, of any pages of the website for your personal reference. You must not use any part of our copyright materials for commercial purposes.
c. If you post comments on the Products to any website, blog or social media network (Commentary), you must ensure that such Commentary represents your fairly held opinions.
d. By ordering the Products you irrevocably authorise us to quote from your Commentary on the website and in any advertising or social media platforms which we may create or contribute too.

13. Price and Payment

The price of the products and our delivery charges will be as quoted on the Website, except in cases of obvious error.
We may change Product prices and delivery charges at any time, but changes will not affect orders for which we have already sent a Dispatch Confirmation.
Payment for all Products must be made by credit card, Juice, Paypal or Internet banking. We accept payment with Visa and Mastercard.
For transactions through Paypal (third party payment processer), please read their terms and conditions as they govern the credit card transaction. If your payment method fails, we may cancel or suspend your order. e. You are responsible for keeping your account up to date.

14. Our Liability

To the extent legally permitted, the total liability of KPK for all claims by you, including for any implied warranties, is limited to the purchase price you have paid to KPK for the Products. KPK’s LIABILITY IS LIMITED TO WHAT YOU’VE PAID. In the event of a dispute, to the extent legally permitted, our liability to you is limited to the amount you have paid to KPK.

15. Dispute Resolution

All disputes should be lodged in writing explaining the details of the dispute and sent by registered mail to: The Director Kit Pou Kwi Ltd 2 Rose Street, Morcellement Montreal Coromandel

16. Indemnification

You agree to defend, indemnify, and hold harmless KPK from any actual or threatened claims, including attorney’s fees and costs that arise in connection with a violation of the Agreement by you or through use of your account.

17. Notices

All notices given by you to us must be given to KPK at kitpoukwi@intnet.mu. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any other manner permitted by applicable laws.

Notice will be deemed received and properly served:

• 24 hours after an email is sent or

• three days after the date of posting of any letter.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to kitpoukwi@intnet.mu.

18. 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:

• Severe climatic conditions – cyclone classes 2-4/storms, floods and other natural disasters;

• Impossibility of using motor transport or other means of public or private transport;

• Impossibility of using public or private telecommunications networks. Our performance under any order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of tie for performance for the duration of that period.

19. Severability

If any of these terms and conditions herewith or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. Entire Agreement

1.These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

2.We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them, to the maximum extent permitted by law.

3.To the maximum extent permitted by law, each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

4.Nothing in this clause limits or excludes any liability for fraud.

21. Variation of these Terms and Conditions

We have the right to revise and amend these terms and conditions 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 terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions 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 terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

22. Termination

Even though this Contract is binding, our relationship is voluntary. Either party may terminate the Contract at any time and for any reason by providing a written notice to the other party.