Terms & Conditions of Use and Sale
Please read carefully the following terms and conditions of use for the www.kathkath.com website (“Site”) and the ordering and sale of products (“Products”) to you (“Terms & Conditions”). Please save or print a copy of these Terms & Conditions for future reference.
The Site and Products are provided by KathKath Studio Limited (trading as “KathKath”). “We/us” refers to KathKath as the context requires. The registered address for KathKath Studio Limited is 2ND FLOOR 167-169 GREAT PORTLAND STREET LONDON UNITED KINGDOM W1W 5PF. KathKath is a company registered in England and Wales under company number 08772382. KathKath is responsible for the sale of the Products to you and delivery within the UK and Isle of Man, EU and other non EU destinations.
Use of the Site
You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose. You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site. You must not submit any Material which is defamatory, offensive, menacing or obscene to the Site or which in our Judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal. We may remove such material from the site at any time without notice to, or consent by, you. We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms & Conditions. You take responsibility for access to your computer or mobile device and you will maintain your account and password confidential and to the extent permissible by law, you accept responsibility for the activities that occur under your account or password.
Dealings with Third Parties
The Site may provide, or third parties may provide, links to other websites or resources, and promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources. Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
Intellectual Property Rights
The Site and its content are protected by intellectual property rights, including copyright.Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC or mobile device does not support relevant technology including encryption, you may not be able to use certain services or access certain information on the Site. The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for any information or services obtained by you on the World Wide Web. The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date. We will have no responsibility for any variations in colour or appearance caused by your browser software or computer system. Product specifications and descriptions are not intended to be binding and are intended to only give a general description of the products. So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill. We will not be liable for any delay or failure to perform or comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause, which is beyond our reasonable control.
Limitation of Liability
So far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information contained on it). We are not responsible for any delay or failure to comply with our obligations under these Terms & Conditions. This does not affect your legal right to have Products sent within a reasonable time or to receive a refund if Products cannot be supplied within a reasonable time.
These Terms & Conditions together with any further terms for the purchase of Products and documentation and materials referenced in these Terms & Conditions including our Delivery Options and policy on Returns constitute the entire agreement between you and us. Any failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. These Terms & Conditions and the relationship between you and us shall be governed by the laws of England and the English courts shall have the exclusive jurisdiction over any dispute. We reserve the right to vary these Terms & Conditions and any of our policies from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations. You will be subject to these Terms & Conditions as in force at the time that you ordered Products from us, unless any change to those terms and conditions is required by law in which case it may apply to order previously placed by you.
Copyright and Trade Mark Notice
All content on this Site is protected under the Copyright, Designs and Patents Act 1988 and is Copyright © by KathKath Studio Limited or, where applicable, independent content providers and third parties. All rights are reserved. Reproduction and/or transmission of any content, by any means, without the express permission of the owner is prohibited by law.
You agree that your order is an offer to purchase the Products from KathKath and any associated delivery services from KathKath as applicable as listed in your order. All orders are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you. After submitting an order, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of:- (a) a contract of sale for the Products between KathKath and you; and (b) as applicable a contract for any delivery services between you and KathKath in respect of residents in the EU, UK and the Isle of Man or residents outside of the EU will not take place unless and until the earlier of (i) the date on which KathKath receives payment in full or (ii) when KathKath dispatches the Products to you.
The price of the Products and our delivery charges will be as quoted on the Site from time to time. All prices (including prices for Delivery Services) are stated in the currency specified for your country in the Delivery section. Product prices and delivery services prices include any applicable VAT or sales tax payable. We may vary the prices at any time and without any notice, From time to time, KathKath will offer a promotion in conjunction where delivery charges are reduced, in some cases to zero. In such cases for delivery to EU residents outside the UK and Isle of Man, KathKath will pay delivery charges on your behalf. Delivery charges are itemised on the order acknowledgement issued by KathKath. Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or cancel your order and notify you of such cancellation. When you make a purchase for Products and delivery services as applicable from KathKath please make sure you do this in the currency of your bank or credit card. Please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency. We do not accept responsibility for charges or differing rates of currency exchange levied by a customer’s bank or credit card provider. Prices for Delivery Services are stated in the currency specified in your country in our Delivery section. Any Products purchased prior to any markdowns or discount offered will not be refunded the difference. You may return the higher priced item in its original condition, to us for either a refund or an exchange. However, if returned for an exchange, this is subject to availability. Sale section – All ‘was’ pricing is the original RRP. ‘Now’ pricing reflects the latest markdown price.
More information about the payment methods that we accept are set out on the Site. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card or payment method is valid and the inputted payment details correct. All credit/debit cardholders and any payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for any charges or other amounts applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Site, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability incurred or suffered by you as a result of your card issuer or payment method provider charging you in a currency other than the currency set out on the Site.
Cancellation Right – Cooling Off Period
Our policy on Returns applies to any Products purchased from us. If you are a UK/EU consumer, you have the legal right to cancel your order within 14 days following your receipt or physical possession of the Products from us or when a third party other than the carrier and indicated by you receives or has physical possession of the Products. If you wish to cancel your order using this legal right, you must inform us of your decision to cancel the contract in writing e.g. by a letter sent by post, email or fax. The address to write to is: KathKath Studio, 56 Hopedale Road, London, United Kingdom, SE7 7JJ. Alternatively you can inform us by emailing: email@example.com. If you exercise your right to cancel the contract during the 14 days period after receipt of the goods, we reimburse you the cost of the goods using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier. Please return the unwanted goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. Please return the goods in line with our Returns Policy. You will be responsible for the cost of returning the goods unless our Returns Policy provides that we will reimburse the costs of returning items or if we delivered items in error to you or they were damaged or defective. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen’s Advice Bureau if you are in the UK).
You may return your purchased item(s) for an exchange or refund within 14 days of receiving it by sending the item(s) back to us at the address listed below. All items must be returned in a fully resalable condition, in the original packaging. KathKath reserves the right to refuse a refund or exchange on items deemed not to be resalable. This does not affect your statutory rights in connection with faulty items. Please send all returns to the following address: KathKath Studio, 56 Hopedale Road, London, United Kingdom, SE7 7JJ. We are not responsible for return postage costs other than for incorrect, mis-described or faulty items. Faulty items can be returned free of charge by contacting customer service.
Links to Other Organisations
We provide links to other sites and resources provided by third parties only as a convenience to you. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organizations, companies or individuals. We take no responsibility for anything that might occur when you visit any other website. When you click on a link you will leave this website.
Limitation of Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement. We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.