Terms & Conditions of Sale & Purchase
Last updated 26 January 2013. Replaces previous version in its entirety.
Please read through the following Terms and Conditions of Sale and Purchase (“Terms”) carefully. They comprise the terms on which you are permitted to purchase items from Kashi House (“KH”, also referred to here as “us” and “we”) on this website (the “Site”). If you submit an order for any item advertised for sale on this Site, this shall be taken to constitute acceptance by you of these Terms:
Formation of contract of sale
1. If you wish to purchase any of the items for sale on this Site, you must submit a completed on-line order form. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the items you have ordered (the “Product”) to you in accordance with the Confirmation and with these Terms.
2. The sale and purchase of Products via this Site will be governed by a contract between you and us (the “Contract”) made up of these Terms (as amended from time to time) other relevant information about the Products published by us on this Website and the Confirmation. Acceptance of Your order and the completion of the Contract between you and us will take place on dispatch of the Confirmation, unless we have notified you that we do not accept your order or you have cancelled it (in accordance with the provisions of the Refunds section). Please note, as soon as we send the Confirmation email, your order will be entered into our electronic system and we will be unable to prevent it being dispatched to you.
3. We reserve the right to change these Terms at our discretion at any time without prior notice. We agree to ensure that a note of the date of the change will be included at the top of the Terms and Conditions. Any changes will be posted to the Site and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop on the Site after that time.
4. You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.
Orders and quotes
5. You acknowledge that: all information, images, representations and specifications relating to the Products and any material produced by us are approximate only; and the colour, size, materials and design of the items portrayed on this Site may vary from the Products supplied to you under any Contract.
6. We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this Site without any liability.
7. We may make any changes in the specification of the Products to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
We further reserve the
right from time to time, at our discretion and without liability or prior
notice, to alter the prices and specifications of any Products on this Site.
Right of withdrawal
8. Where you purchase Products from this Site for personal use and not for resale:
a. You have the right to withdraw from any Contract from the date on which we send you our Confirmation until 7 working days after the day you receive your order by giving us written notice of withdrawal by email, fax or post.
b. You will be responsible for and will pay the cost of returning the Products to us by the same method as they were delivered. The Products will be returned at your risk.
c. The only circumstances in which you cannot withdraw the order are where the Products that you wish to return are audio, video or computer software products that have been removed from the sealed package in which they were delivered or are eBooks, which by reason of their nature, cannot be returned.
d. We will credit your credit or debit card as appropriate for the price of the Products as set out below, provided that the Products are returned to us in the condition they were in when delivered to you.
9. a. Subject to clauses 9 (b) and (c) below, the price of each Product shall be the recommended retail price for that Product that is quoted on this Site on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on the Site in respect of a Product.
b. Although we try to ensure that all prices on our Site are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
c. Where a variety of discounts apply (though promotional offers and/or personal discounts available to you) only one discount can be used against each Product. The Site will automatically apply the most advantageous discount to you, provided you enter all discounts to which you are entitled on the on-line order form.
10. The price of the Product is advertised in £sterling. The price of any Product excludes the cost of postage, packaging and delivery. The costs of postage and packaging will be specified on this Site and are your responsibility. The cost of delivery to the delivery address you specify in your order form and we acknowledge in our Confirmation (the “Premises”) will be your responsibility. The method of delivery and packaging applicable will be those quoted on this Site on the date of the order. In the case of eBooks, the delivery address for an eBook will be the installed reader on your computer and there will be no charge for postage, packaging or delivery.
11. The price of the Products is inclusive of any applicable Value Added Tax.
12. We reserve the right to revise the price of any items on this Site without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.
13. Payments shall be made by credit card or debit card on the date on which we accept your order.
14. The credit cards and debit cards that we will accept are those listed on this Site on the date on which we accept your order.
15. If KH has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by us from your credit card will be re-credited to your account and we will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. KH will not be obliged to offer any additional compensation for disappointment suffered.
16. The time and method for delivery will be at our discretion. The place of delivery will be the Premises (which in the case of eBooks will be the installed reader on your computer). Time for delivery shall not be of the essence. Consignments to non-UK destinations are delivered using a non-trackable service. If tracking is required, please contact us at email@example.com before placing your order to confirm the additional cost for this service.
If you pre-order any item(s) prior to their expected production or publication date(s), we reserve the right to take payment immediately and to subsequently deliver your consignment after we receive stock of goods in the UK following the actual production or publication date(s). Where you have ordered several items including one or more pre-ordered item(s), we reserve the right to deliver all goods in a single consignment following receipt of stock of any pre-ordered item(s).
17. For goods delivered outside of the European Union, the person to whom the consignment is sent (the “Consignee”) will be the declarant and importer into the country for which the consignment is destined. The Consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required.
18. If you are ordering goods for delivery outside of the European Union, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that KH has no control over additional charges in relation to customs clearance. KH recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
19. If you do not take delivery of the Products or give us adequate delivery instructions then we may store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage.
20. In the case of eBooks, you may download your purchase up to four (4) times. After this point you will not be able to download your eBook and no refund will be provided.
21. If the Products delivered to you do not include all of the Products that you ordered in any particular order or include incorrect Products, you must inform us in writing within 14 days from the date of delivery. If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the Products not delivered or the cost of replacing such Products.
Risk and ownership
22. Risk of damage or loss of the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we have tried to deliver the Products.
23. Title in the Products (other than eBooks) shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we tried to deliver the Products to you.
24. All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the Products) used in the Products (together “the Intellectual Property”) are and shall remain the property of us or of our licensors.
25. In the case of eBooks, permission is granted to download a single copy of an eBook at a time (up to the maximum number of downloads permitted) to the installed reader on your computer for use by a single user of that computer at any time, and you will also be permitted to transfer the eBook to up to 6 devices provided that:
(a) the eBook is not distributed or transmitted over any network or communication line;
(b) the eBook is used for personal entertainment only;
(c) the eBook is not copied or modified in any way;
(d) you do not remove any copyright or other proprietary notices contained in the eBook.
This permission granted to you may not be transferred to a third party, nor may you sublicense any of your rights under it.
This permission is effective until terminated. You can terminate it at any time by destroying the eBook. It will also terminate automatically
if you fail to comply with any part of this Clause 22. You agree to delete the eBook immediately on any such termination.
26. Other than as stated in Clause 24 below, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder’s rights.
27. All Site design, text and graphics appearing on this Site and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Site for the sole purpose of placing an order with or using this Site as a shopping resource. Any other use of materials on this Site (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
28. We are the owner of the Kashi House trademark and get-up. Any other trademark materials, including, but not limited to, product names and company names or logos cited herein are the property of their respective owners.
29. If, on receipt of your order, you are unhappy with any Product you have purchased on this Site for any reason (other than any eBook which cannot, by reason of its nature, be returned), you may return it to us (to the return address stated on your address label) in its original condition within 14 working days and we will provide a full refund. If the reason for the return is the result of our error, or if the item was damaged before it reached you, please notify us on +44 (0)203 371 9498 or by email at the following email address: firstname.lastname@example.org, we will also refund the postage costs.
30. If there is a defect in a eBook you have purchased from the Site, please contact us on +44 (0)203 371 9498 or by email at the following email address: email@example.com. If the defect in the eBook cannot be remedied, we will provide you with an alternative file of the eBook or a full refund, at your election.
31. We shall not be liable in respect of any defect in the Products arising from fair wear and tear, neglect, failure to follow our instructions, misuse or improper alteration or repair of the Products.
32. Nothing in these terms and conditions shall exclude or limit our liability arising by virtue of the Consumer Protection Act 1987, or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
33. Where the Products are sold under a “consumer transaction” (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights are not affected by this clause.
34. Save as expressly provided in these Conditions, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.
35. We will not be liable for any of the following losses which may arise by reason of any breach of a Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law:
a. any loss of anticipated profits or expected future business;
b. damage to reputation or goodwill;
c. any damages costs or expenses payable by you to any third party;
d. loss of any order or contract;
e. any loss that was not foreseeable by you and KH at the time our Contract was formed; or
f. any loss not caused by any breach on the part of KH.
36. Without prejudice to any other provision of these Terms, we will not be in breach of the Contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control, such as, without limitation, the failure of a third party, any act of God, civil commotion, riot, flood, drought, fire or the operation of any rule of law or legislative provision. This clause does not affect your statutory rights.
37. We are providing the Site on an “as is” basis and we make no representations or warranties of any kind with respect to the Site or its
contents and disclaim all such representations and warranties. Please refer to our General Terms and Conditions for more details.
Withdrawal and use of products
38. We may withdraw any Products that we produce without prior notice, or liability, to you.
39. If we provide you with information about the use for which the Products are designed and about any conditions necessary to ensure that the Products will be safe, then you must use the Products accordingly.
40. Any notice required under these Terms must be in writing. In our case it must be addressed to our registered office or principal place of business or any other address that we notify to you from time to time whether on the Site or otherwise. Any notices to you will be sent to your usual billing address. Any notice shall be deemed to be served:
a. if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
b. if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
c. if sent by fax to the recipient’s fax number at the date and time given on the sender’s transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.
41. If any of these Terms is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
42. Each Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.
43. Failure or neglect by either party to enforce at any time any of these Terms shall not be a waiver of that party’s rights and it shall not affect the validity of the whole or any part of these Terms or the Contract or prejudice that party’s right to take subsequent action.
44. Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any of these Terms.
45. The expected publication date, and/or dispatch date, of any item made available for pre-order may be dependent on achieving an advance sales target and may therefore change without notice.
46. Kashi House reserves the right to decline to accept or reject any pre-order in whole or in part without assigning any reason and is entitled to non-delivery of any order in whole or in part due to product unavailability, low inventory levels, or for any other reason.
47. In the event of us confirming non-delivery or non-publication of any pre-ordered items, you will be offered a full refund of any monies pre-paid in respect of those items.
48. Whilst every effort is made to ensure the Product information on this Site is accurate at the time of production, product specifications are subject to alteration without prior notice. We will endeavour to notify you of any significant changes that come to our attention.
49. When pre-ordering with personalisation options, if the agreed payment method is via an invoice, then all invoices must be paid within 48 hours of them being sent to you via email. If this term is not met then we reserve the right to cancel your order without prior notice.
50. If a Product has the option of personalisation via a dedicatory message, we will provide a form to be completed on the product page. Once we receive your completed form, we will send you a PDF proof of how your dedicatory message will appear on the Product.
51. PDF proofs must be approved by you within 48 hours of them being sent to you via email. If this term is not met then we reserve the right to cancel your order without prior notice.
Complaints52. KH operates a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, we can be contacted by post, telephone, fax or email (correspondence only, no returns to this address please):
27 Old Gloucester Street
London WC1N 3AX, UK
T: +44 (0)203 371 9498
F: +44 (0)203 031 1258