Terms and Conditions

1. Introduction and Acceptance

2. Definitions

For the purposes of these Terms:

3. Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into binding contracts under Sri Lankan law.
• If acting on behalf of a business entity, you have the authority to bind that entity to these Terms.
• You possess any necessary licenses or permits required to operate a commercial kitchen or food service establishment in Sri Lanka.
• You will use our products in compliance with all applicable food safety regulations, including those issued by the Food Control Administration Unit of Sri Lanka.

4. Account Registration

To access certain features of our Services, including placing orders for commercial kitchen equipment, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information including your business registration details where applicable.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security and confidentiality of your login credentials and notify us immediately of any unauthorized access.
• Accept full responsibility for all activities that occur under your account.

5. Products and Services

5.1 Product Categories

We offer a comprehensive range of commercial kitchen products, including but not limited to:

• Commercial cooking equipment (ovens, stoves, grills, fryers, steamers).
• Refrigeration and cold storage units (walk-in coolers, freezers, display refrigerators).
• Food preparation equipment (mixers, processors, slicers, scales).
• Dishwashing and sanitation systems.
• Ventilation and exhaust systems.
• Storage and shelving solutions.
• Smallwares, utensils, and kitchen accessories.
• Spare parts and maintenance supplies.

5.2 Product Information and Availability

All products are subject to availability. We reserve the right to:

• Modify, discontinue, or limit the availability of any product without prior notice.
• Correct any errors in product descriptions, specifications, or pricing.
• Limit quantities of products purchased per customer.
• Refuse service to any customer for any lawful reason.

Product images, descriptions, and specifications are provided for informational purposes only. While we strive for accuracy, actual products may vary slightly from images shown. Technical specifications are sourced from manufacturers and are subject to change without notice.

6. Pricing and Payment

6.1 Pricing

All prices displayed on our platform are quoted in Sri Lankan Rupees (LKR) and are inclusive of applicable taxes unless otherwise stated. For commercial customers, applicable VAT and other taxes will be clearly indicated during checkout. We reserve the right to change prices at any time without prior notice; however, confirmed orders will be honored at the price quoted at the time of order confirmation.

6.2 Payment Methods

We accept various payment methods including:

• Credit and debit cards (Visa, MasterCard, American Express).
• Bank transfers to our designated accounts.
• Digital payment solutions (approved by the Central Bank of Sri Lanka).
• Cash on delivery (for eligible orders within specified locations).
• Trade credit (subject to approval for registered commercial customers).

All electronic payments are processed through secure payment gateways in compliance with the Payment and Settlement Systems Act No. 28 of 2005. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge the applicable amount.

6.3 Invoicing

In accordance with the Consumer Affairs Authority Gazette notification No. 2332/15, we will issue a receipt/invoice for every transaction, clearly stating the price, method of payment, terms and conditions relating to delivery, and other relevant details. Commercial customers will receive VAT invoices where applicable.

7. Order Processing and Delivery

7.1 Order Confirmation

Upon placing an order, you will receive an order confirmation via email or SMS. In compliance with e-commerce regulations, you will have an opportunity to review a summary of your order prior to confirmation. This confirmation constitutes our acceptance of your order, subject to product availability and payment verification. We reserve the right to cancel any order due to product unavailability, pricing errors, suspected fraudulent activity, or other lawful reasons.

7.2 Delivery Terms

Delivery terms for commercial kitchen equipment:

• Standard delivery times are estimates and may vary based on product availability and delivery location within Sri Lanka.
• Large equipment may require special handling and installation arrangements.
• Delivery charges will be calculated based on weight, dimensions, and delivery location.
• Risk of loss transfers to you upon delivery and acknowledgment of receipt.
• You are responsible for ensuring adequate access and facilities for delivery and installation of large equipment.

7.3 Installation Services

Installation services for commercial kitchen equipment are available upon request and may be subject to additional charges. Our installation team will ensure equipment is installed in accordance with manufacturer specifications and applicable safety standards. Installation appointments will be scheduled at mutually convenient times.

8. Refund and Return Policy

In compliance with the Consumer Affairs Authority Act No. 9 of 2003 and e-commerce regulations (Gazette No. 2332/15), we provide the following refund and return policy:

8.1 Cooling-Off Period and Right of Cancellation

You have the right to cancel your order within the cooling-off period as specified in the e-commerce regulations. For eligible products, you may cancel your order and request a full refund within the timeframes specified below.

8.2 Refund Eligibility (7-10 Business Days)

We offer refunds within 7 to 10 business days from the date of delivery, subject to the following conditions:

• The product must be unused, uninstalled, and in its original packaging with all accessories, manuals, and documentation.
• The product must not show any signs of damage, wear, or modification.
• Proof of purchase (invoice, order confirmation, or receipt) must be provided.
• The product's serial number must match our sales records.
• Products must be returned at the customer's expense unless the return is due to our error.

8.3 Non-Refundable Products

The following products are not eligible for refunds:

• Custom-ordered or specially manufactured equipment.
• Products that have been installed or connected to utilities.
• Consumable items such as cleaning supplies, filters, and disposable products.
• Products marked as "Final Sale" or "Non-Returnable".
• Equipment that has been damaged due to improper use, negligence, or unauthorized modifications.
• Products purchased during clearance sales unless defective.

8.4 Refund Process

To initiate a refund request:

1. Contact our customer support team within 7-10 business days of delivery.
2. Provide your order number, product details, and reason for the refund request.
3. Our team will provide instructions for product inspection and return.
4. Upon receipt and successful inspection of the returned product, we will process your refund within 5-7 business days.
5. Refunds will be credited to the original payment method used for the purchase.

8.5 Defective Products

In accordance with the Consumer Affairs Authority Act, if you receive a defective product or a product that does not conform to the description or specifications provided, you are entitled to a replacement or full refund regardless of the standard return period. Defective product claims should be reported immediately upon discovery.

8.6 Shipping Costs for Returns

Original shipping costs are non-refundable unless the return is due to our error (wrong product shipped, defective product, or product not matching description). Return shipping costs are the responsibility of the customer unless the return is due to our error.

9. Warranty and Guarantee

9.1 Manufacturer's Warranty

All commercial kitchen equipment sold by us comes with the manufacturer's warranty as specified in the product documentation. Warranty periods and terms vary by product and manufacturer. We will assist you in processing warranty claims with manufacturers where applicable.

9.2 Implied Warranties

In compliance with the Consumer Affairs Authority Act No. 9 of 2003 and the Unfair Contract Terms Act No. 26 of 1997, all products sold are subject to implied warranties of merchantability, fitness for purpose, and fair value for money spent. These statutory warranties cannot be excluded or modified.

9.3 Warranty Exclusions

Warranties do not cover:

• Damage caused by improper installation, operation, or maintenance.
• Normal wear and tear or cosmetic damage.
• Damage caused by power surges, electrical faults, or use with incorrect power supply.
• Unauthorized modifications or repairs.
• Damage caused by accidents, misuse, or negligence.

10. Product Safety and Compliance

All commercial kitchen equipment sold through our platform:

• Complies with applicable Sri Lanka Standards Institution (SLSI) standards where applicable.
• Meets relevant safety certifications (CE, NSF, UL where applicable).
• Includes appropriate safety documentation, user manuals, and installation guidelines.
• Should be installed and operated in accordance with local building codes and food safety regulations.

Customers are responsible for ensuring that their premises and electrical/gas/plumbing connections meet the requirements for safe installation and operation of commercial kitchen equipment.

11. Intellectual Property

All content on our platform, including but not limited to text, graphics, logos, product images, product descriptions, videos, and software, is the property of Sip & Play Private Limited or its content suppliers and is protected by applicable intellectual property laws of Sri Lanka. You may not reproduce, distribute, modify, or otherwise use any content without our prior written consent.

12. User Conduct

When using our Services, you agree not to:

• Violate any applicable laws of Sri Lanka, including the Electronic Transactions Act and Computer Crimes Act No. 24 of 2007.
• Use the Services for any fraudulent, illegal, or unauthorized purpose.
• Interfere with or disrupt the operation of our platform or servers.
• Attempt to gain unauthorized access to our systems or other users' accounts.
• Upload or transmit viruses, malware, or other harmful code.
• Provide false or misleading information in connection with your account or orders.
• Engage in any activity that could damage our reputation or business interests.

13. Limitation of Liability

Subject to the provisions of the Unfair Contract Terms Act No. 26 of 1997, and to the maximum extent permitted by applicable law, Sip & Play Private Limited and its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, loss of data, or goodwill, arising out of or in connection with your use of our Services or products.

Our total liability for any claim arising from or related to these Terms or your use of our Services shall not exceed the amount paid by you for the specific product or service giving rise to the claim. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under Sri Lankan law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Sip & Play Private Limited and its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with your use of our Services, your violation of these Terms, your violation of any third-party rights, or any claims arising from the installation, operation, or use of products purchased from us.

15. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, strikes, lockouts, epidemics, pandemics, power failures, internet outages, or supply chain disruptions.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka, including but not limited to the Consumer Affairs Authority Act No. 9 of 2003, the Electronic Transactions Act No. 19 of 2006, the Unfair Contract Terms Act No. 26 of 1997, and the Personal Data Protection Act No. 9 of 2022.

16.2 Consumer Complaints

In accordance with the Consumer Affairs Authority Act, you have the right to lodge complaints regarding the quality, safety, or standards of products or services with the Consumer Affairs Authority of Sri Lanka. Complaints can be submitted to the Director General, Consumer Affairs Authority, at CWE Secretariat Building, 27 Vauxhall Street, Colombo 02, or via Hotline: 1977.

16.3 Dispute Resolution

Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiations. If the dispute cannot be resolved amicably within thirty (30) days, either party may refer the matter to arbitration in accordance with the Arbitration Act No. 11 of 1995 of Sri Lanka. The arbitration shall be conducted in Colombo, Sri Lanka, in the English language. The decision of the arbitrator(s) shall be final and binding on both parties.

16.4 Jurisdiction

Subject to the arbitration clause above, the courts of Colombo, Sri Lanka shall have exclusive jurisdiction over any legal proceedings arising from or relating to these Terms.

17. Modifications to Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes, we will notify you by posting the updated Terms on our platform and updating the "Effective Date" and "Last Updated" dates. Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19. Entire Agreement

These Terms, together with our Privacy Policy and any product-specific terms or warranties, constitute the entire agreement between you and Sip & Play Private Limited regarding your use of our Services and supersede all prior agreements, understandings, and communications, whether written or oral.

20. Contact Information

If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us at: