Terms & Conditions

We understand that your privacy and the security of your personally identifiable information is extremely important. At MAIANA we only seek to process your Personal Information where necessary, either to serve our legitimate business interests or to provide you with a service that you’ve expressly requested.

This Privacy Policy discloses how we at MAIANA collect, process, share and secure information gathered from you whilst browsing the MAIANA website or buying products from us.

 

What this Policy covers

The data controller is MAIANA Ltd (referred to in this policy as “we” or “us”).

We are committed to doing the right thing when it comes to how we collect, use and protect your personal data. That’s why we’ve developed this Privacy Policy (“Policy”), which:

• sets out the types of personal data that we collect
• explains how and why we collect and use your personal data
• explains when and why we will share personal data within MAIANA and with other organisations. We do not sell data and rarely share with others
• explains the rights and choices you have when it comes to your personal data

This Policy applies to you if you use our services (referred to in this Policy as “our Services”). Using our Services means:

• shopping with us
• using our website
• completing our customer satisfaction survey including entering the associated prize draw
• contacting us (or if we contact you) about our Services

 

Information we collect and process

When you register for our Services, you may provide us with:

• Your personal details, including title, full name, postal / billing address, email address, phone number(s), date of birth and gender
• Your account login details, such as your username, email address and the password that you have chosen
• Your personal preferences, including how and if you wish to receive marketing communications, paperless receipts and donate any accrued loyalty reward balance to our nominated charity

When you shop with us online, we may collect:

• Your personal details, including title, full name, postal / billing address, email address, & phone number(s)
• Your account login details, such as your email address and the password that you have chosen
• Information about your online purchases (for example, what you have bought, when you bought it & your dietary preference)
• Information about your online browsing behaviour (
• Information about any devices you have used to access our Services (including the make, model and operating system, IP address, browser type and mobile device identifiers)

When you contact us or we contact you or you take part in promotions, competitions, surveys or questionnaires about our Services, we may collect:

• Personal data you provide about yourself anytime you contact us about our Services (for example, your name, username and contact details), including by phone, email, online forms, post or when you speak with us through social media
• Details of the emails and other digital communications we send to you that you open, including any links in them that you click on
• Your feedback and contributions to customer surveys and questionnaires

 

Your data rights

We are no longer in the EU but we still chose to follow the EU data protection laws as best practice. Applicable European data protection law affords you certain rights in regard to the Personal Information that we hold about you. Namely, you have the right to:

• ask us to cease marketing communications at any time (opt out)
• ask us not to process your Personal Information for marketing purposes at any time
• have any inaccuracies in the Personal Information held about you corrected
• ask us to stop processing any of your Personal Information that we process on the basis of our legitimate interests
• ask to restrict the processing of your Personal Information. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • • if you want us to establish the data’s accuracy
    • where our use of the data is unlawful but you do not want us to erase it
    • where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims
    • you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it
    • ask us to delete your account(s) permanently
    • access a copy of the information we hold about you

We will make all reasonable efforts to comply with your requests except where we are not permitted or required to do so under applicable law. Requests are free of charge. However, we reserve the right to charge a minimal fee to cover administrative costs should we consider any request to be excessive, unfounded or unreasonable.

We want to make sure that the personal information we hold about you is accurate and up to date. If any of the details are incorrect, please let us know and we will amend them.

 

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or unlawful disclosure, we have put in place suitable physical, electronic (firewalls and data encryption) and managerial procedures to safeguard and secure the information we collect.

• We protect the security of your information while it is being transmitted by encrypting it using Secure Sockets Layer (SSL).
• We enforce physical, electronic, and procedural safeguards in connection with the collection, storage and disclosure of personal data. We may occasionally ask for proof of identity before we share your personal information with you.
• We will reveal only the last four digits of your credit card number when confirming an order. All payments are made via Worldpay and our access to your payment details is limited.

However, whilst we take appropriate technical and organisational measures to safeguard your personal data, please note that we cannot guarantee the security of any personal data that you transfer to us over the internet.

The personal data that we collect from you may be transferred to, and stored at, a destination outside of MAIANA network, as a back-up. It may also be processed by companies operating outside the EEA who work for us or for one of our service providers. We will put in place appropriate protection to make sure your personal data remains adequately protected and is treated in line with this policy.

We restrict access to your Personal Information, only providing access to individuals that require it in order to operate, process, develop or improve MAIANA Website and Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

 

How and why we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending marketing communications. You have the right to withdraw consent to marketing at any time by contacting us.

 

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.

 

Purpose/Activity	Type of data	Lawful basis for processing
To manage our relationship with you	Identity Contact Marketing Communications	Consent Legal Obligation – keep our records updated, notify you about changes to our loyalty scheme, terms and privacy policy
To provide customer support	Identity Contact Useage (interactional and behavioural)	Consent Legal Obligation – to investigate queries and complaints to provide a resolution Legitimate reasons
To register you for our newsletter	Contact Marketing Communications	Consent Legitimate Interests – to inform you about our products and services
To process and deliver and online order	Identity Contact Transactional Marketing Communications Useage (interactional and behavioural)	Contractual – to delivery items ordered Content Legitimate Interests – to inform you about our products and services.
To enable you to enter prize draws, competitions, and surveys (customer research)	Identity Contact Marketing Communications Usage (interactional and behavioural)	Consent Legitimate Interests – to gather valuable information so that we can improve our product range and services
To manage and protect our business and our websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity Contact Technical	Legal Obligation Legitimate Interests – running our business, provision of administration and IT services, network security, to prevent fraud
To deliver our websites, content and advertisements, and use data analytics to measure and understand the effectiveness advertising	Identity Contact Marketing Communications Usage (interactional and behavioural) Technical	Legitimate Interests – gather valuable information so that we can improve our product range and services, grow our business, and inform our marketing strategy

 

Promotional offers from us
We may use your Identity, Contact, Technical, and Usage data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased goods from us and you have not opted out of receiving that marketing.

 

Personalisation and communication

• At MAIANA, we love to keep you up to date with the latest news, offers, products and services. We do this in various ways, including but not limited to email, post, SMS, phone and advertising.
• When you opt in to receive marketing communications from MAIANA, you give your consent for MAIANA or a chosen third party (under our explicit instruction) to contact you about products and services from MAIANA which we consider may be of interest to you.
• If you wish to opt out of marketing communications from MAIANA simply click on the unsubscribe link on the email or email customer.support@maiana.uk
• Please note: unsubscribing from MAIANA marketing does not unsubscribe you from any transactional based communications.

 

Our website

• Whilst using our Website, you are provided with a web portal to access MAIANA as described above. You are also able to communicate with us via email. When doing so, we will collect and process your email address in order to process your enquiries, respond to your requests and improve our services.
• MAIANA may store or process personal data submitted voluntarily by visitors. By submitting personal data the visitor consents to the use of that data for the purpose of sending the visitor answers, news messages and/or other information, whether or not on a regular basis. If you do not want your personal data to be stored or processed, please do not submit it to us.
• Any communication or material of this kind that you transmit will be treated as non-confidential and non-proprietary. Included without limitation in the non-confidential and non-proprietary materials transmitted to this website are reviews, suggestions, ideas, and comments. MAIANA is entitled to unrestricted use of any communication or material transmitted to this website, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submission.

 

Accuracy of personal Information

• You confirm that on registration of a MAIANA account, the information provided by you is true, complete, and accurate. You agree to notify us or update your personal information on the website should the information about you become inaccurate. We cannot be held responsible for any inaccuracy of data should you fail to update or notify us of such changes.

Retention of personal data

• MAIANA will retain your personal information only for as long as necessary to fulfil the notified purpose(s) for which it was collected and to comply with applicable laws.
• Your consent to the use of your Personal Information for such purposes(s) remains valid after termination of MAIANA relationship with you to the extent permitted by applicable law so long as you do not request otherwise.

Security of personal information

• Please take care to keep any username, password and/or other identification information confidential, and do not disclose or share this information with anyone. Where you do disclose such information, you are solely responsible for all activities undertaken on your account. If you are using a public computer, we strongly encourage you to sign out when you’ve finished.

 

Website use

MAIANA may store or process personal data submitted voluntarily by visitors on our website. By submitting personal information, the visitor consents to the use of that data for the purpose of processing enquiries, responding to requests, improving our services, sending answers, news messages and/or other information, whether or not on a regular basis. If you do not want your personal data to be stored or processed, please do not submit it to us.

Any communication or material you transmit via our website, or the webmaster will be treated as non-confidential and non-proprietary. Included without limitation in the non-confidential and non-proprietary materials transmitted to our websites are suggestions, ideas and comments. MAIANA is entitled to unrestricted use of any communication or material transmitted to our websites, for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the submission.

 

External service providers

We sometimes employ and share your personal data with trusted third parties companies and individuals. We never sell your data

These third parties may be given access to your Personal Information to perform tasks on our behalf. They are obligated through contract not to use your Personal Information for any other purpose or to disclose your Personal Information to any additional third party without our express consent.

To keep your data safe and protect your privacy:

• We provide only the relevant information they need to perform their specific services.
• They may only use your data for the exact purposes we specify in our contract with them.
• We work closely with them to ensure that your privacy is respected and protected at all times.
• If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.

The kind of third parties we may work with:

• IT, hosting and infrastructure companies who support our website and other business systems.
• Operational companies such as delivery couriers and fulfilment centres.
• Marketing companies who help us manage our electronic communications with you.
• Search engines and social media network to show you products that might interest you whilst browsing the internet.
• Data insight companies to ensure your details are up to date and accurate.
• Professional advisers including lawyers, bakers, auditors and insurers who provide services to us.

For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies. We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.

If we buy or sell any business and/or assets we may disclose your personal information to the prospective buyer or seller of the business and/or assets.

 

Privacy policy changes 

This Privacy Policy, together with our Terms & Conditions may change from time to time. We will update any changes to this Privacy Policy here, and, if the changes are deemed significant, we will provide a more prominent notice to you by email, post or similar.

 

Contacting the regulator

If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

You can contact them by calling 0303 123 1113.

Or go online to www.ico.org.uk/concern

This Privacy Policy was last updated in January 2022.

 

TERMS

Introduction

These terms and conditions shall govern the sale and purchase of products through our website.

You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

 

Interpretation

In these terms and conditions:

 

Order process

The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this section. We are not obliged to accept your order and may cancel your order if we cannot supply the goods for any reason.

To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping basket, and then proceed to the checkout; if you are a new customer, you may be required to create an account with us and log in; if you are an existing customer, you may be asked to enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation at which point your order will become a binding contract or we will confirm by email if we are unable to meet your order. For the avoidance of doubt, a contract is not formed at the point in time that payment has been taken from you by MAIANA.

Once your order has been placed we can not revise the order via the website. Please email customer.support@maiana.uk and we will make every attempt to amend the order as required.

 

Products, Availability and Substitutions

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

All products are subject to availability and prevailing market conditions. Many products are supplied exclusively by small scale producers, therefore supplies are limited. We may limit the quantities of products (particularly those on special offer) available to any one customer if in our opinion the quantity ordered may jeopardise availability for other customers. We will inform you as soon as possible if the product ordered is not available.

We may on occasion offer a substitute for the same price or of higher value, but you will never pay any more. If you wish, you can choose not to accept the substitution offered and accept a refund for the product in question.

 

Product Information and Imagery

We have taken every care in the preparation of the content of this website to include accurate and up-to-date information. Content is gathered from various sources and although we believe it to be accurate at the time of publication, we accept no responsibility for, and make no representation or gives any warranty or undertaking express or implied as to the accuracy or completeness of the information. Product information in relation to food is constantly being reformulated, so ingredients, nutrition content, dietary and allergens may change. You should always read the product label and not rely solely on the information provided on this website. It is therefore essential that you verify all such information directly with us before taking any action in reliance upon it.

Images of products on our website are for illustrative purposes only. Although we’ve made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products and packaging may vary slightly from those images.

The range and weight of products referred to on this website are subject to availability. We will endeavour to supply any items within the required weight group.

 

Prices

Our prices are quoted on our website.

We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

All prices stated in these terms and conditions or on our website are stated inclusive of VAT.

It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

We reserve the right to terminate any special offer at any time, without notice.

 

Payments

You must, during the checkout process, pay the prices of the products you order.

Payments may be made by the payment methods displayed within our chosen payment provider.

If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

All transactions are processed by our chosen payment provider Worldpay via their secure online gateway. All payments are encrypted using 128 bit SSL encryption. All transactions are subject to fraud screening, validation checks and authorisation by the card issuer. The outcome of that authorisation request is confirmed by Worldpay and receipt of payment sent via email.

All payment details are securely stored on Worldpay’s servers. MAIANA can access and view the transaction by transaction ID in order to give partial or full refunds. At no time are we able to view full card payment details.

Worldpay complies with the Electronic Commerce Directive. Terms and conditions, privacy and security policies can be located at Worldpay.

 

Deliveries

Our policies and procedures relating to the delivery of products are set out in this Section and our Collections and Deliveries Policy.

We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. We can not change the delivery address once the order has been placed.

We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

 

Warranties and Representations

You warrant and represent to us that:

We warrant to you that:

All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Limitations and Exclusions of Liability, all other warranties and representations are expressly excluded.

 

Limitations and Exclusions of Liability

Nothing in these terms and conditions will:

The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions:

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control including but not limited to any of the following: act of God, governmental act, war, fire, flood, storm, adverse weather conditions including but not limited to snow, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable for loss or damage caused by you handling your order. In particular we will not be liable for spillages or breakages.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the terms of contract.

 

Scope

These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

 

Variation

We may revise these terms and conditions from time to time by publishing a new version on our website.

A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

By continuing to access, browse and purchase products from us, you agree to be bound by the terms of these updates and amendments.

 

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions and that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

No Waivers

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Third Party Rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

Entire agreement

Subject to the Limitations and Exclusions of Liability, these terms and conditions together with our delivery and returns policy shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

 

Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law.

Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

 

Statutory and Regulatory Disclosures

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

These terms and conditions are available in the English language only.

Our VAT number is 379 3583 44

The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.

Contacting MAIANA

We are registered in England and Wales under registration number 12936703

If you have any questions about these conditions or your use of the website, please contact MAIANACustomer Care Department via email: customer.support@maiana.uk