1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how either of us may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Kathmandu (U.K.) Limited, a company registered in England and Wales. Our company registration number is 04818360 and our registered office is at Russell House, Oxford Road, Bournemouth, Dorset, BH8 8EX. Our registered VAT number is 821094454
2.2 How to contact us. You can contact us by emailing us at email@example.com or writing to us at Kathmandu Customer Services, c/o Davies Turner Logistics, Phase II Warehouse, Dartford Freight Terminal, Edisons Park, Crossways, Dartford, Kent DA2 6QR.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address which you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 When you place your order at the end of the online checkout process and you click on the ‘Place Order’ button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Please note that you can only place an order with us if you are over the age of 18.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your payment has not passed our transaction security measures, because you are under 18 years of age, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified. You must provide a physical delivery address at the time of purchase as we are not able to deliver to a PO Box. We do not deliver to freight forwarder addresses.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 The packaging of the product may vary from that shown on images on our website.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change, and we will ask you to confirm whether you wish to go ahead with the change.
6.1 Delivery costs. The costs of delivery will be as displayed to you during the ordering process.
6.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. Someone will need to be present at the delivery address to accept the order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the products from our store or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and refund any money which you have paid. We reserve the right to deduct our reasonable costs.
6.6 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products and if any of the following apply then, unless we agree otherwise with you, you may treat the contract as at an end straight away:
6.6.1 we have refused to deliver the products;
6.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Delivery of the product will be deemed to have taken place from the time we deliver the product to the address you gave us.
PRICE AND PAYMENT
7.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 7.2 for what happens if we discover an error in the price of the product you order.
7.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
7.3 When you must pay and how you must pay. We accept payment with PayPal, Clearpay, Mastercard, Visa, American Express or Kathmandu gift cards for online purchases. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
7.4 We take website and credit card security extremely seriously and always endeavour to provide a secure safe platform on which to conduct online transactions. The Kathmandu websites are secured by Comodo SSL certificates and Cloudflare. Our primary payment gateway is operated by Cybersource, a VISA company. No credit card data is ever stored by Kathmandu.
7.5 Card transactions may be subject to fraud management checks, to help protect our customers and reduce our exposure to fraud. Orders which meet pre-defined criteria will be held for approval before the funds are withdrawn from your account and the order subsequently released. A pre-authorisation amount may be put in place by the card issuing bank until the order is confirmed and the payment is settled. We will aim to contact you as soon as possible if your order is held for review, so that we can verify your payment details and clarify any discrepancies. Orders will be accepted once we are satisfied the transaction can be confirmed as legitimate. We reserve the right to reject any order where the customer is unable to verify their payment method or respond to any reasonable concerns. This adds an additional layer of protection and reassurance for our customers but may result in a delay in order completion if we are unable to contact you.
8.1 Exercising your right to cancel (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to cancel within 14 days following the day after you receive your products, and then receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. In addition to your statutory right to cancel, we offer a 30 day goodwill change of mind returns policy; for further information please refer to our Returns and Exchanges policy.
8.2 You do not have a right to cancel in respect of products sealed for health protection or hygiene purposes once these have been unsealed after you receive them.
8.3 How long do I have to change my mind? You have 14 days from the day following the day we deliver the products to you, unless your products are split into several deliveries over different days. In this case you have until 14 days from the day following the day we deliver the last item to notify us that you wish to exercise your right to cancel your contract.
8.4 Notifying us that you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.4.1 Phone or email. Call customer services on 0800 066 5018 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.4.2 By post. Write to us at:
c/o Davies Turner Logistics
PHASE II WAREHOUSE
Dartford Freight Terminal
Edisons Park, Crossways,
Dartford, Kent DA2 6QR
IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact us by telephoning our customer service team at 0800 066 5018 or by writing to us at email@example.com.
9.2 Summary of your legal rights. Please see the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
RETURNS AND REFUNDS UNDER THE STATUTORY RIGHT TO CANCEL
10.1 Returning products after ending the contract. If you end the contract using your statutory right to cancel after products have been dispatched to you or you have received them, you must return them to us via post. You should obtain proof of postage and we recommend sending your parcel via registered post in order to track your return. . If you are exercising your right to cancel in accordance with clause 8, you must send the products to us within 14 days of telling us you wish to end the contract. Please return the products to Online Returns:
c/o Davies Turner Logistics
PHASE II WAREHOUSE
Dartford Freight Terminal
Edisons Park, Crossways,
Dartford, Kent DA2 6QR
10.2 When we will pay the costs of return. We will pay the costs of return:
10.2.1 if the products are faulty, misdescribed or incorrectly despatched; or
10.2.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control; In all other circumstances (including where you are exercising your right to cancel) you must pay the costs of return.
10.3 How we will refund you. We will refund you the price you paid for the products including the original delivery costs if you are exercising your right to cancel, by the method you used for payment. However, we may make deductions from the price, as described below.
10.4 Deductions from refunds. If you are exercising your right to cancel:
10.4.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling of them. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.4.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
10.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to cancel then:
10.5.1 Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
10.5.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10.6 For online purchases made as a ‘Guest’ customer, we are only able to arrange an exchange by creating an ‘Online Account’. Unless we are instructed otherwise, we will create an ‘Online Account’ for all ‘Guest’ customer exchanges. Alternatively, we can arrange a refund via the original payment method, so that another ‘Guest’ purchase can be placed.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information. We will use the personal information you provide to us:
12.1.1 to supply the products to you;
12.1.2 to process your payment for the products; and
12.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
OTHER IMPORTANT TERMS
13.1 Assignment. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.2 Third party rights. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3 Severance. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 No waiver. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.5 Governing law and jurisdiction. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
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