1. Definitions In these terms and conditions:-
a) “Commencement Date” means the date when our agreement with you is finalised;
b) “Confirmation Form” means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have accepted and agreed to supply to you;
c) “Consumer” means an individual whose use of the Service is for personal / business purposes only,
d) “Goods” means the goods to be provided by us to you, as described in the Order List and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive);
e) “Order List” means the form completed by you online and showing details of the goods which you have offered to purchase from us;
f) “Registered Office” of KDK London is 334-336 GOSWELL ROAD, LONDON, EC1V 7RP.
g) “You/Yours” refers to you, the person offering to purchase goods from us.
2.Your Agreement with Us
b) Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
c) The Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form).
a)Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
b) Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.
4. Right to Cancel this Agreement
Under the Distance Selling Regulations, you have 14 working days from the Commencement Date (“the cooling-off period”) in which to cancel this Agreement, if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us. This does not apply to special order requirments or made to measure (contract0 orders.
If you wish to cancel the Agreement, you must notify us of this fact in writing and send your notification to us by e-mail. Full contact details are set out below.
On cancellation, you must return the Goods that we have delivered to you in the original condition in which it was sent (unless the condition was altered due to manufacturer error). On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods. Unless you originally received substitute goods, you will be liable for the costs of returning the Goods to us, and we will not reimburse you for this.
You should return such Goods either to our store or posted back to us as follows:-
* Goods must be adequately sealed in the original packaging. Please note that Royal Mail may reject any package that is not adequately wrapped;
* Please make sure that you have addressed the package clearly with the above address. Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates)
5. Limitation of Liability
IMPORTANT: THIS CLAUSE 5 CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
a) Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
b) Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
c) To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
d) We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites. All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by lam.
e) Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
f) No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
g) Every provision of this clause 5 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
IMPORTANT: IN THIS CLAUSE 6 YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.
You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, you can phone us on 0044 (0) 20 7702 2070, or e-mail us at email@example.com or write to us at KDK London, 116 Commercial Road, London E1 1NL. We shall respond to any communication received by us as quickly as we can.
* Invoices shall be paid strictly in cash unless prior arrangement is made.
* Goods purchased cannot be returned unless the defect in the goods is notified to us in writing within 3 days of purchase and defective goods are returned to us within 14 days of purchase, the same applies to shortages etc.
** OWNERSHIP OF THE GOODS SHOWN AT POINT OF INVOICE REMAINS WITH KDK LONDON UNTIL THE ACCOUNT IS SETTLED IN FULL.
** WE ACCEPT NO LIABILITY FOR THEFT, LOSS OR DAMAGE TO YOUR GOODS WHILE IN TRANSIT AND WE STRONGLY RECOMMEND THAT YOU HAVE INSURED YOUR GOODS TO THE FULL INVOICE VALUE.
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