Terms & Conditions
Table of Contents
Introduction
These Terms and Conditions govern your relationship with Louis Kitchen Limited (a company registered in the Republic of Trinidad & Tobago, hereinafter referred to by “Lou’s Kitchen”, “www.louskitchentt.com”, “we”, “our” or “us”, and all orders that you may make for the food, drinks and products advertised for sale by us (the “Products”) via the Lou’s Kitchen Website, louskitchentt.com (the “Website”). You should carefully read these Terms and Conditions as they affect your rights and obligations under the law. We discourage you from ordering from Lous Kitchen Limited if you do not agree to these Terms and Conditions
Revisions
This document may be revised by us from time to time as explained in paragraph 13 below. We recommend periodically checking for changes. We ask you not to order from Lou’s Kitchen if you do not agree with any of the revised Terms and Conditions. These Terms and Conditions were last updated on November 06, 2021.
Registration
2.1. Ordering from Lou’s Kitchen can be done as a member or as a guest. To become a member, simply register. This is referred to as “setting up an account” on our website and in our literature. This is not a credit account; payment is due upon delivery of the goods. The Website provides detailed instructions on how to set up an account.
2.2. To register with Lou’s Kitchen, you must be at least 18 years old
2.3. It is your responsibility to ensure that the information you provide is accurate and complete at all times.
2.4. Please inform us immediately of any changes to your personal information provided when you registered by updating your account information within the order deadlines published on our website.
2.5. All personal and payment information we collect is governed by a strict privacy policy – for more information, click here.
2.6. When you set up an account, you will receive an email confirmation of your account setup. If you need to refer to these terms and conditions in the future, please print them or save them as well.
Password and security
3.1. As part of the registration process, you will be asked to create a password. This password must be kept confidential and must not be disclosed or shared with anyone else. All activities and orders that occur or are submitted under your password are your responsibility. If you know or suspect that someone else knows your password, please contact us immediately. You should also change your password immediately through the My Account section of the Website.
3.2. If Lou’s Kitchen believes that there has been a breach of security or misuse of the Lou’s Kitchen Website, we may require you to change your password, or we may suspend or terminate your account.
3.3. To make your life easier, we provide auto-login functionality. In the event you enable it, you remain responsible for all activities and orders associated with your account (except as stated in paragraph 8.9). We, therefore, recommend that you enable automatic login only if you are certain that it will not be misused by anyone else. We do not recommend enabling auto login if you use a shared computer.
Payment
4.1. We currently accept payments via the following methods:
4.1.1 Bank Transfer – We accept secure payments via bank transfer for a convenient and reliable way to complete your order. Once your order is confirmed, we will provide you with our bank details, including account number and payment reference information, to ensure a smooth transaction. Please note that your order will be processed once the payment is received in our account. We recommend notifying us of the transfer to help expedite order processing. If you have any questions about completing a bank transfer, our team is here to assist you.
4.1.2 Cash-On-Delivery (COD) – In special cases, we may offer the option to pay by COD. If approved, please prepare the exact amount for our team members upon delivery. Please note that COD availability is limited, and we reserve the right to request an alternative payment method.
Product purchases
5.1. Customers must be over the age of eighteen to purchase from Lou’s Kitchen. If you are unable to be at home at the time of delivery, it is your responsibility to make sure that someone aged eighteen or older is there to receive your order.
5.2. Using the online ordering facilities on the Website, you can place orders for Products at any time after creating an account. Any communication with you about orders or contracts will be conducted in English. You can review your order and make any corrections before submitting it to us, and by submitting the order, you confirm that you have made any corrections.
5.3 Each Product that you add to your ‘shopping basket’ is added to the basket. When you click ‘Basket’, you are given the option to review the quantity, delivery date, and frequency of each item in your shopping basket. The purchase of each of the Products can be changed, or cancelled entirely, at any time before clicking the ‘Checkout’ button. As soon as you have clicked ‘Checkout’ and we have accepted your order, the items you have already ordered are added to your delivery. As long as you do so before the deadlines posted on the Website, you will still be able to review all the Products you have already ordered from us and make amendments and corrections to them. Once you’re logged in, you can access this by clicking on ‘my orders’.
5.4. By submitting an order, you are offering to enter into a contract with us to purchase the Products; subject to paragraph 5.3, you are not allowed to withdraw or cancel your order except as stated below.
5.5. If we accept your order, we will do everything we can to ensure that it is fulfilled. However, we cannot always guarantee that a Product is or will be available when an order is accepted due to availability and market conditions. If we are unable to deliver an item you ordered, we may offer a reasonable alternative. If you reject that substitute, you won’t be charged for it, or if you already paid for it, we will refund any amount you’ve already paid. If we cannot provide a substitute, we will remove the Product from your order so that you are not charged, or, if you have already paid, we will refund the cost. Nevertheless, we are not responsible for the unavailability of Products.
5.6. Under clauses 5.7 and 5.8, you will be charged the price stated on the Website before clicking the ‘place order’ button.
5.7 We adjust our product prices and supply levels based on seasonal changes. The prices for certain Products may therefore differ from the prices for those Products when you first ordered them (e.g. if you choose to have repeat orders). We recommend that you keep checking the Website regularly. If you have already ordered products from us, you can still review those products (and their prices) on the Website, and make amendments or corrections to them until the deadlines posted on the Website.
5.8. By ordering a Product from us, you agree to pay for it unless we receive from you a cancellation or change to the order before the deadlines published on the Website. If you wish to call us, we will inform you of these deadlines as well. It is your responsibility to ensure that any changes or cancellations are not just communicated to us but also received by us in time for the deadline. Unless we receive notice of cancellation before the published deadline, we reserve the right to deliver and charge for any order in full.
5.9. Notwithstanding the foregoing, you will be entitled to cancel payments for Products where your payment card is used fraudulently by someone not acting, or to be treated as acting, as your agent. When your payment card has already been used fraudulently, you should approach your credit card company for a re-credit.
5.10. Our Products are only available for end-users, and we do not sell them to resellers. In this regard, you agree not to resell any of our Products.
Delivery of Products and inspection by you
6.1. We will deliver to the address you provide when you set up an account or update your address. When you apply to register for an account with us, we will let you know if we can deliver it to your address. It is your responsibility to make appropriate arrangements to receive your delivery and to give us instructions. In the event your delivery is stolen or damaged while being delivered, we do not accept liability, and compensation will be offered at our discretion. We reserve the right to refuse to accept orders from any customer; delivery problems might be the reason for such a decision. All changes to address details must be made before the order deadlines published on our website.
6.2. We will do our best to keep your delivery day the same, however, we reserve the right to change it temporarily or permanently. If we do so, we will notify you.
6.3. Should we not be able to deliver to you, or should we have to deliver late, for reasons beyond our control, for example, adverse weather conditions, strike actions, vehicle breakdowns, traffic congestion, or supplier failure, we cannot be held responsible for any loss or inconvenience caused by this. You will not be charged for Products until they have been delivered to you.
6.4. Standard Delivery. The standard delivery option is available in most parts of Trinidad and Tobago. We ship expedited service through our in-house delivery service, TTPost, and other premium carriers/couriers. Standard Shipping rates are determined by the shipping address you provide at checkout.
6.5. Incorrect Products (Products that you have not ordered or substitutes for those Products that you find unacceptable) or Products we have not delivered per these Terms and Conditions will not be charged to you. Other than that, our liability in the case of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered, as provided below in paragraph 10.
6.6. Upon receiving the Products, you must inspect the Products as soon as possible and contact us if you find any defects. Please contact us by phone, email, or writing to the address or telephone number shown on our Website. If a Product is defective, we will replace or refund it to you. Otherwise, our liability is limited as specified in paragraph 14.
Excluded services
7.1. You are responsible for obtaining computer, internet connectivity, telecommunications or other equipment or services necessary to access the Website, at your cost.
Availability of the Website
8.1. Lou’s Kitchen strives to provide you with the best possible service, but we cannot guarantee that our Website services will satisfy your needs and that they will be error-free. We will correct a fault in the service as soon as possible if you report it to us (see below for contact details).
8.2. You may occasionally be restricted from accessing the Website to allow for repairs, maintenance, or the addition of new features and services. In such a case, we will restore the service as soon as practically possible. If our Website is unavailable, our usual order and cancellation deadlines will apply; to make changes to your order, please contact us by mail (orders@louskitchentt.com) or phone (868 394-5687).
Cancellation rights
9.1. Lou’s Kitchen reserves the right to suspend or cancel any accepted order or your registration at our discretion or if you breach any of your obligations under these Terms and Conditions.
9.2. You can cancel your registration with us at any time by contacting us in writing. After cancelling, you will need to stop using Lou’s Kitchen services.
9.3. The suspension or cancellation of your registration will not affect your and/or our rights or liabilities accrued up to the date of suspension or cancellation, or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.
Warranties and Lou's Kitchen's liabilities
10.1. While Lou’s Kitchen strives to ensure that the material found on the Website or any other catalogue or material is correct, we can’t accept responsibility if this isn’t the case. While Lou’s Kitchen may correct any inaccuracies and/or errors (see paragraph 11, below), we will not be responsible for the results obtained from the use of this information or any technical problems you may experience.
10.2. To ensure that the Products you purchase from us are of satisfactory quality, you must notify us per paragraph 6.6 in case the Products are faulty or defective. Should the Products be faulty, we will replace them or refund their price, whichever is the greater.
10.3 The warranty in paragraph 10.2 above does not include faults or defects caused by your misuse or neglect of the Products, or by accidents that occur while the Products are in your possession.
10.4. We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of this contract if:
Any losses that are not foreseeable by you and us when the contract for the purchase and supply of products is formed and are caused by the supply of Products and related services or their use by you;
We are not liable for any losses resulting from our breach; or
A loss of profits, goodwill, reputation, or business (including, without limitation, loss of profits, goodwill, and business).
10.5 Subject to the provisions of paragraphs 6.3 and 10.6, our liability in connection with the supply and purchase of Products will not exceed the price of the Products in question.
10.6 Nothing in these Terms and Conditions limits our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors.
10.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.
Your statutory rights
11.1. If you are a consumer (an individual not acting in the course of their business or trade), certain terms are implicit into your contract with us that we cannot exclude, or limit (for example, under the Sale of Goods Act 1979, we have to supply you with goods suitable for your purposes).
11.2. You need to know that nothing in these terms will affect your statutory rights. To find out more about your statutory rights, contact the Trinidad & Tobago Bureau of Standards www.ttbs.org.tt.
Applicable law
12.1. These Terms and Conditions shall be governed by and construed following the laws of the Republic of Trinidad & Tobago.
12.2. The local courts will have non-exclusive jurisdiction over any disputes arising under or concerning these Terms and Conditions.
Miscellaneous
13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
13.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Amendments
We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the Lou’s Kitchen Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from Lou’s Kitchen or use the Lou’s Kitchen Website. If you continue to use the Lou’s Kitchen Website after the date on which the change comes into effect, your use of the Lou’s Kitchen Website indicates your agreement to be bound by the new Terms and Conditions.