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Terms and Conditions of Sale for purchases made on www.kavis.com
General
All orders placed through the online shopping facility are accepted by Kavis Limited (the seller) subject to the following conditions which form part of and govern the contract of sale made pursuant to such order. Any variation to these conditions is inapplicable unless accepted in writing by the seller. No variation may be made to the contract of sale except by agreement in writing between the parties. These terms and conditions are only applicable to purchases made online and are not valid for any other transactions with the seller by any other medium.
Definitions
"The contract"- means the contract for the purchase and sale of goods as specified on the customer online order form;
"The Seller/We/Us" - means Kavis Limited;
"The buyer" means the person who enters into the contract with the seller;
"The goods" means the goods which the seller is to supply in accordance with these conditions;
"Conditions" - means these terms and conditions and the Special Conditions;
"Product" - means a product displayed for sale on the Website;
"Product Description" - means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
"Special Conditions" - means the terms and conditions in the Product Description;
"Users" - means users of the Website collectively;
"Personal Information" - means the details provided by you on registration.
Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. The headings in these conditions are for convenience only and shall not affect their interpretation.
Basis of the sale
The following steps are required to create a contract between the Seller and the Buyer as follows:-
(a) An order for Products on the Website is placed by the Buyer by completing the order form and by pressing the 'confirm order' button.
(b) An order acknowledgement e-mail detailing the Products you have ordered shall be despatched by the Seller. This is not an order confirmation or acceptance from Kavis Limited.
(c) As your Product is shipped from our warehouse we will send you a despatch confirmation email
(d) Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the provisions below
(e) Non-acceptance of an order may be as a result of one of the following:-
(i) The Product you ordered being unavailable from stock
(ii) Our inability to obtain authorisation for your payment
(iii) The identification of a pricing or product description error
(iv) You not meeting the eligibility to order criteria set out in these terms and conditions
Once the buyer has placed an order with the seller, the order may not be varied except with the written agreement of both buyer and seller. Any advise or recommendation given by the seller or its employees or agents to the buyer as to the storage, application or use of the goods which is not confirmed in writing by the seller is followed or acted upon by the buyer's own risk and accordingly, the seller shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission in any sales literature, online quotation or description, or invoice or other document or information issued by the seller shall be subject to correction by the seller without any liability on the part of the seller. The seller accepts no liability in respect of any goods ordered by the buyer being of dimensions unsuitable for the buyers premises (except if such dimensions were not properly described by the seller) or if access to the buyers premises is impossible or impracticable.
Product description
Each product purchased is sold subject to its description which sets out additional Special Conditions related to the Product.
Terms of payment
All orders must be prepaid in full including any delivery charges where applicable by the buyer by credit, debit card or cleared cheque payment before being processed by the seller. If for any reason an order is declined by the seller they will contact the buyer explain accordingly, refunding any amounts paid to the buyer. All credit card/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delivery or non-delivery. You will confirm that the credit card/debit card being used is yours.
Ownership of the goods
The goods shall remain the property of the seller and shall not pass to the buyer until such time as the seller has received payment in full for the price of the goods.
Transfer of risk
The goods shall be at the risk of the buyer as soon as delivery has taken place.
Warranty and liability
The seller warrants that the goods will correspond with their specification at the time of the delivery and will be free of defects in material and workmanship for a period of 12 months from the date of delivery.
Delivery
The seller will ship the goods ordered to the buyer using a recognised carrier or by its own delivery personnel. If the buyer has ordered items which are in stock they should receive their order within 10 working days. For any goods ordered with a longer delivery period the buyer will be advised by the seller at time of placing the order of a longer delivery period. All goods will need to be signed for at point of delivery by buyer. The seller may request some confirmation of identity at point of delivery or collection depot/point. The seller reserves the right to only deliver to the home address of the card holder if payment is made by debit or credit card or other electronic means.
Return of any item damaged/incorrectly delivered
The buyer must inspect the items delivered and report any discrepancies or damages to the seller within 3 working days. If any item was delivered damaged the buyer agrees to alert the delivery personnel and endorse any delivery documentation with the nature of the damage. Upon notification of any damaged items the seller will arrange for appropriate action to be taken to correct the problem. The buyer agrees to keep the damaged item in good condition together with all packaging, available for return to the seller. If the buyer fails to report any damages/discrepancies within 3 working days then the buyer waives any right to any redress in relation to the damaged or discrepancies.
Cancellation
a) Under the provisions of the Consumer protection (Distance selling) regulations 2000, the buyer shall have the right to cancel the contract at any time up to seven working days after delivery of the goods. Notification of cancellation by the buyer must be made in writing. Items not covered by this are any items which have been made to the buyers specifications or clearly personalised. If the buyer exercises this right after point of delivery they must inform the seller in writing and must return the goods at time of cancellation. It shall be the buyer's responsibility to arrange return of these goods to the seller and it shall be their responsibility to ensure they are delivered back to the seller in perfect condition including the return of all wrapping / packaging for the goods. The cost for return will be met by the buyer. If the buyer fails to return the goods cancelled then the seller may collect the goods at their discretion but the cost of this will be payable by the buyer. The seller will arrange a refund of any cancelled orders including any delivery charges or pro-rata thereof for partially cancelled orders, within 30 days.
b) The seller may cancel this contract at any time before the goods are delivered by giving written notice. On giving such notice the seller shall promptly repay to the buyer any sums paid in respect of the price. The seller shall not be responsible for any loss or damage whatever arising from such cancellation.
Security/privacy
All purchases made through the sellers Website are secure. The seller will keep all the buyers details in strictest confidence. If the buyer pays by credit card or debit card or other method of electronic payment, the seller shall use a fully encrypted SSL server to conduct the transaction. The seller will NOT pass the buyers details to any other company outside their organisation. We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in circumstances set out below). We will keep it on a secure site and we will fully comply with all applicable UK Data Protection and Consumer legislation from time to time in place.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information form from which we can identify you is held only for the following purposes:-
(a) Processing your orders
(b) For statistical purposes to improve this Website and its services to you
(c) To send Website content and advertisements to you
(d) To administer this Website
(e) If you consent, to notify you of products or special offers that may be of interest to you
You agree that you do not object to us contacting you for any of the above purposes, whether by telephone, email or in writing and you confirm that you do not and will not consider any of the above as being a breach of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
You should be aware that if we are requested by the police and/or other regulatory or Government authority investigating suspected illegal activities to provide your Personal Information we are entitled to do so.
Fraud prevention
Whilst the internet with current encryption technology represents a very safe way to buy goods and services online without fear, it exposes the retailer to greater risk of mail fraud. To prevent this, the seller reserves the right to request confirmation of identity of buyer prior processing an order. The seller will operate a thorough fraud screening service to eliminate these types of transactions. The seller reserves the right to refuse any order for whatever reason. The sellers delivery processes allow verification of when any items were packed, despatched and where, when and to who they were delivered. Any attempt at fraud will be vigorously pursued by the seller.
Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website utilising your Personal Information.
Changes in terms and conditions
We reserve the right to change these terms and conditions from time to time and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these conditions have been changed.
General
a) Any notice required or permitted to either party will be in writing either through mail, e-mail or fax. In the case of the seller the address shall be as detailed in the contacts section of the sellers website. In the case of the buyer the address for correspondence shall be those detailed at time of placing their order. The seller will only be required to send notices or any other documentation to the buyer by e-mail.
b) No waiver by the seller of any breach of the contract by the buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
c) If any provision of these conditions is held to be by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
d) This contract shall be covered by the laws of England and Wales.
Force majuere
Notwithstanding any agreement to the contrary, deliveries may be totally or partially suspended by the seller during any period in which the seller may be prevented or hindered from manufacturing, supplying or delivering the goods as a result of acts of god, fire, accident, war, terrorism, riot, civil commotion, government order, regulation or directions, shortage of labour, equipment or material, strikes, lockouts or any other contingencies whatsoever beyond the sellers control whether of the same nature of the foregoing or not. Any goods the delivery of which has been totally or partially suspended shall be accepted by the buyer commencing as soon as the seller is no longer prevented or hindered from manufacturing, supplying or delivering. In such cases the seller shall keep the buyer fully informed as to the nature of any such problems and the effect of such.
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