Terms & conditions
1.1. The terms and conditions of sale (‘Conditions’) apply to all orders/sales of products offered through this website (‘Site’) by us, the seller, Kita World Limited, incorporated in England and Wales (company number 08407992) with its registered office at 5th Floor North Side, 7/10 Chandos Street Cavendish Square, London W1G 9DQ (VAT Number: GB161948095) (references to ‘seller’, us’, ‘we’ or ‘our’ being construed accordingly) to you, the purchaser (references to ‘you’ or ’your’ being construed accordingly).
1.2. Nothing in these Conditions or any other statement appearing on this Site is intended to change any statutory legal rights you have under applicable law, in so far as those statutory rights cannot be lawfully limited or excluded.
2. RIGHT TO CANCEL
(NOTE: THIS SECTION APPLIES ONLY TO CONSUMERS BASED IN THE UNITED KINGDOM & EUROPEAN UNION)
2.1. If you are a consumer living in the United Kingdom or another European Union (EU) country, you have a mandatory legal right to cancel your order and return products to us for any reason, without penalty, from the date that you placed your order up to 14 days after the day on which you received your order subject to certain restrictions and conditions set out in our Cancellation, Returns and Exchange Policy on this Site, that are incorporated into and form part of these Conditions.
2.2. Without prejudice to your legal right to cancel referred to in this Section, we reserve the right to claim full payment or exercise any legal remedies where products have been made unfit for resale or damaged whilst in your possession or where you unreasonably refuse to return the products or make them available for collection.
2.3. If you require more information on your cancellation rights, you should contact our customer services team whose contact details are set out in our Cancellation, Return and Exchanges Policy on this Site.
3. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
3.1. Any prices and descriptions referred to on this Site do not constitute an offer and may be withdrawn or updated by us at any time prior to our acceptance of your order (as described below).
3.2. While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all products are in stock when you submit your order. We may have to reject your order (without liability) if we are unable to process or fulfil it for technical or logistical reasons. If this is the case, we will refund any prior payment that you have made in relation to the rejected order.
3.3. An order submitted by you constitutes an offer by you to us to purchase products on these Conditions and is subject to us indicating our acceptance. Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute our formal acceptance of your order. Our acceptance of your order takes effect and your contract with us is concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your debit/credit card or other payment (‘acceptance’).
4. YOUR REPRESENTATIONS
4.1. You represent that information provided by you when placing your order is up-to-date, accurate and sufficient for us to complete your order. You also represent that you are over 18 years of age and have legal capacity to enter into a binding contract with us.
4.2. If you provide your personal details to us or through the Site, you are responsible for maintaining and promptly updating those details where necessary.
4.3. Unless we agree otherwise, any warranties or other undertakings provided by us in relation to products that you purchase are given on the basis that you are acting as a consumer. Products are offered and supplied on this Site for end-user consumption only and are not sold for resale or distribution. You must not use this Site to purchase products for resale or commercial use. If you are a reseller or distributor, please contact us separately if you wish to make any purchasing enquiries.
5. PRICE AND TERMS OF PAYMENT
5.1. Prices payable for products are those in effect at the time of dispatch or delivery, unless we otherwise agree. Prices may be indicated on the Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our acceptance of your order.
5.2. Prices (unless stated otherwise) will be charged in the currency quoted on the Site.
5.3. To the fullest extent legally permitted, prior to our acceptance of your order we reserve the right to update prices to take into account increases in costs including (without limitation) costs of materials, carriage, labour or imposition of any tax, duty or other levy, or to deal with any variation in exchange rates. We may also correct any mistakes in product descriptions or pricing errors prior to product dispatch. In such event where we amend the product price after you have placed your order, you will have a choice whether to complete your order or not. We will not be liable to fulfil any orders at prices previously quoted in error. If you then choose to continue with your order, you acknowledge that the product will be provided in accordance with such revised description or updated price.
5.4. The territories and places that we are able to deliver to are subject to such restrictions or conditions as we may state from time to time. Unless otherwise specified, prices quoted are:
5.4.1. exclusive of the costs of shipping or transport to the agreed place of delivery within your territory (charges for which are stated on the Site or will be quoted separately when we acknowledge your order); and
5.4.2. inclusive of VAT (for sales to UK and EU based customers); or
5.4.3. for non-UK and EU based customers exclusive of local VAT, sales taxes and any other tax or duty which (as applicable) must be added to the price payable
You agree to pay for shipping or carriage of products as such costs are specified by us and any applicable taxes, customs tariffs, import duties that may apply.
5.5. Payment shall be made prior to delivery by such payment methods we indicate are accepted on the Site (and not by any other means unless we have given our prior agreement).
5.6. We will charge credit or debit cards prior to dispatch of the ordered product(s) and may only dispatch the product(s) once relevant funds have cleared. We reserve the right to verify credit or debit card details that you provide and carry out such other fraud prevention or credit checks as may be appropriate prior to acceptance or dispatch of your order. We may refuse to complete an order we have reason to believe that card information or other personal details have been supplied fraudulently.
5.7. You shall indemnify us on demand against any out of pocket expenses and professional legal fees incurred in relation to us having to recover any overdue amounts owed by you to us.
6.1. If you are made bankrupt or you take or suffer any similar action in consequence of debt or we have cause to believe that you are unable to pay your debts as they fall due; or you fail to pay any amount by the due date for payment or where you breach any of these Conditions then, without prejudice to any of our other rights, we may:
6.1.1. refuse to complete your order and stop any products in transit being delivered; and/or
6.1.2. suspend further product deliveries; and/or
6.1.3. by written notice terminate any other contracts between us and you.
7. DELIVERY AND RISK
7.1. Delivery timescales/dates for dispatch given by us on the Site or elsewhere are estimates only, except that where you are a UK or EU based consumer we agree to deliver products within and reasonable time and not later than within 30 days of our acceptance of your order, unless you agree otherwise. Except as stated in the previous sentence, while we endeavour to meet timescales/dates that we provide without undue delay, we do not warrant that we can deliver products by a particular date.
7.2. Delivery shall be to a valid address within the territory as submitted by you and subject to our acceptance as described above ("delivery address"). You must check the delivery address on any email acknowledgement or acceptance that we provide and notify us without delay of any errors or omissions in information you have provided. We reserve the right to charge you for any extra costs we incur arising from you providing an incomplete or inaccurate delivery address details.
7.3. If you unreasonably refuse to take delivery of products supplied under these Conditions, subject to applicable law, any risk of loss or damage to the products shall pass to you and without prejudice to our other rights or remedies:
7.3.1. you shall be liable pay on demand all costs of product storage and any additional costs we incur as a result of such unreasonable refusal or failure to take delivery;
7.3.2. if you still unreasonably refuse to take delivery after 30 days we shall be entitled to dispose of products in such manner as we determine and may set off any proceeds of sale against any sums due from you.
7.4. Except to the extent that applicable law provides you with certain rights which we cannot legally limit or exclude, you shall not be entitled to reject delivered products except in accordance with these Conditions.
7.5. In cases of partial delivery of a product order, you shall only be liable to pay for the quantity actually delivered.
7.6. Except as otherwise provided in these Conditions, risk of loss of or damage to the products passes to you on delivery.
8. INCOMPLETE ORDERS, DEFECTS, RETURNS AND EXCHANGES
8.1. You are responsible for promptly checking your product order upon delivery and you should take reasonable steps to check that products are in satisfactory condition, not defective or damaged and the order is complete as described. If this is not the case, you should notify us without unreasonable delay.
8.2. Where we are notified of shortage in an order, failure to deliver, defective or damaged products or products being in unsatisfactory condition, then in accordance with these Conditions and the Cancellation, Return and Exchanges Policy on this Site we will:
8.2.1. (in the case of shortage or non-delivery) make good any such shortage or non-delivery and/or
8.2.2. in the case of damage or any defect(s)/fault(s) in the product or products being in unsatisfactory condition, either:
22.214.171.124. upon you returning such product, replace or repair the product; or;
126.96.36.199. refund the price you have paid in respect of the relevant product(s).
8.2.3. Your rights to have a product replaced or repaired or to seek a refund under these Conditions may be lost or rendered void where you fail to notify us within a reasonable time of a problem becoming apparent or where a product is damaged or rendered defective/faulty due to:
188.8.131.52. normal wear and tear;
184.108.40.206. a user’s failure to observe any directions, notices or warnings provided with the products
9.1. To the maximum extent legally permitted, our aggregate liability (whether for negligence, breach of contract, or otherwise) shall in no circumstances exceed the cost of the product order which is subject to the claim and we shall not under any circumstances be liable for:
9.1.1. special, punitive, incidental, indirect, or consequential damages; or,
9.1.2. loss of income, revenue, profits or savings or other economic loss, whether direct or indirect.
9.2. Subject to any express provisions to the contrary set out in these Conditions, all terms, conditions, warranties and representations (express or implied by statute, common law or otherwise) are hereby excluded to the maximum extent legally permitted.
9.3. We do not limit or exclude liability for: death or personal injury caused by our negligence (or that of our employees or authorised representatives); or, fraud. Furthermore, nothing in these Conditions shall limit or exclude our liability or a manufacturer's or supplier's liability to you, where under mandatory laws applicable in your territory, such liability cannot be excluded or limited by contract.
10. RETENTION OF TITLE
10.1. Title to products in an order shall not pass to you until we have received payment in full of the price of such order (including applicable delivery charges).
10.2. We reserve the right (subject to applicable law) to demand the return of and/or repossess any products in respect of which payment has not been made when required. This Condition shall continue in force notwithstanding termination of our contract with you.
11. THIRD PARTY RIGHTS
11.1. To the fullest extent permitted by law and save where expressly set out on our Site or elsewhere, we shall have no liability to you in the event of the products infringing or being alleged to infringe the proprietary rights of any third party.
12. SITE CONTENT
12.1. The photographs, graphics, product images, descriptions and other content appearing on this Site (‘Content’) are and shall remain the property of Kita World Limited (and its licensors). This Content is protected by copyright, design rights, trade mark rights and/or other intellectual property rights around the world. You acquire no right, title or interest in such Content and must not copy, publish, distribute, adapt, modify or re-use such Content for any commercial purpose without our express written permission.
12.2. Please note that the photographs or images of products on the Site may not correspond exactly to the appearance of the delivered product due to variations in the manufacturing process and the types of product we have in stock at any given time.
12.3. Please note that to the fullest extent legally permitted, we do not accept liability for non-availability of the Site or the completeness or accuracy of any Content appearing on the Site other than to the extent expressly referred to in these Conditions or where the same cannot be legally excluded under applicable law.
13. CONSENTS, CUSTOMS DUTIES & EXPORT
13.1. If any licence, authorisation or regulatory consent is required for the transit or importation of the products to your home territory, you shall obtain such licence, authorisation or consent at your own expense and if necessary produce evidence of this to us on demand.
13.2. If you order products from outside the UK or EU:
13.2.1. you may be subject to export controls, laws and regulations in the territory or other relevant jurisdiction where you take delivery of products. You shall be fully responsible for complying with those laws; and
13.2.2. you may be subject to customs charges, import duties and taxes. Any additional charges for customs clearance or import duties or taxes (if applicable) must be met by you, since we have no control over what these charges are and you agree to indemnify us in relation to any such charges, duties, taxes or other expenses (including, but not limited to, any professional legal fees) that we have to pay as a result of your non compliance with this Condition 13.
13.3. You should contact the local customs office in the relevant country where you wish to have the products delivered for further information about customs requirements in your territory.
14.1. Unless agreed otherwise, any notice or other communications in relation to these Conditions should be in writing.
14.2. You cannot assign or transfer any of your rights under these Conditions, without our consent.
14.3. We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us or our third party suppliers/carriers being prevented or delayed in performing our obligations due to circumstances beyond our/their reasonable control including (but not limited to) any act of god, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials. In such event, where we decide that we cannot deliver your order, we may elect to cancel the order and provide you with a refund.
14.4. You acknowledge that these Conditions cancel all previous contracts, agreements and arrangements whether oral or written, express or implied, between us. These Conditions prevail over any other terms or conditions of sale or purchase contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any other terms or conditions are hereby excluded to the fullest extent legally permitted.
14.5. To the fullest extent permitted under applicable law, we reserve the right to modify these Conditions from time to time so you must check this Site to ensure that you have seen the most up to date version.
14.6. No relaxation or delay by us in enforcing any of these Conditions shall prejudice or restrict our rights and remedies to enforce them later.
14.7. No waiver of any of these Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach.
14.8. If for any reason a court of competent jurisdiction finds that any part of these Conditions is illegal, unenforceable, or invalid under applicable law in a particular jurisdiction
14.8.1. the Conditions will not be affected in other jurisdictions to the extent that such finding has no application; and
14.8.2. in the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect.
GOVERNING LAW AND JURISDICTION
15.1. Subject to Condition 15.2, the construction validity and performance of these Conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in the event of legal proceedings arising from any dispute. The language of any contract, dispute resolution procedure or any proceedings will be English.
15.2. The above Condition 15.1 shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and/or language and such requirement cannot lawfully be excluded by contract.