Keith & Annabel Morrigan on Thursday, 10 April, 2014 at 19:03:57 (modified: 17 August, 2016 at 13:34:53)
In these terms and elsewhere on this website:
“Business Customer” means a customer who is not a Consumer.
“Consumer” means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.
“The Consumer Contracts Regulations 2013” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
These Terms and Conditions govern the supply of goods sold by Kaamar Limited (Registered in England and Wales, Company No: 5514028) of 18 Lynfield Road, Lichfield, Staffordshire, WS13 7BS (“we” and “us”) via email or our websites to the customer (“you”) and along with the product description and other notices supplied by us to you, constitute the agreement between us in relation to such supply.
The processing of your payment and acknowledgment of your order submission does not constitute legal acceptance of your order. A legally binding contract for the sale of goods is constituted between us only when we accept your order in writing, start to make your goods or by dispatch of the goods to you, whichever is earlier.
We may choose not to accept your order or purchase for any reason and will not be liable to you or to anyone else in those circumstances. Where we accept your order, we have a legal duty to supply goods that are in conformity with these conditions.
You must be 18 or over, eligible and authorised to agree contracts, to purchase goods from us via this website. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, other than those described in the product details. You are responsible for making sure that the described goods are suitable for, including correctly sized for, your proposed use, and especially for the accuracy of dimensional and other data that you have supplied in relation to the goods.
The price payable for the goods you order, including any charges for delivery, is as set out on our web site or other notices at the time you place your order. Unless otherwise indicated, prices quoted are valid for 30 days.
If VAT (Value Added Tax) is liable for the goods you order, this will be included in the price shown.
Occasionally an error may occur with our web site and goods may be incorrectly priced, in which circumstances we will not be obliged to supply the goods at the incorrect price.
We will not process your order until payment has been received in full for the whole of the goods you order, including any applicable charges for delivery.
Payment will only be deemed to be received upon clearing of funds credited to our Bank or PayPal account (note that purchases using PayPal will be delivered to the registered address for the PayPal account/email address used.)
If you pay by cheque, and the cheque does not clear, please note that you will be liable for an administrative fee for collection of a dishonoured cheque.
All prices and payments are in Pound Stirling (GBP), prices shown in other currencies are only estimates of the likely cost to you, allowing for current currency exchange rates and charges.
Most of our Mosaic goods are 'Made to Order' from our fully customizable mosaic range, but sometimes we choose to pre-make some items so we can offer faster delivery, these items will be marked in the product details as 'In Stock' - once supplies have been used up, they will revert to 'Made to Order' (unless we choose to make more for stock).
Goods 'Made to Order'
'Made to Order' goods are custom made for you, so dispatch will take longer (as shown on the product details).
Our fully customizable mosaic range offers a virtually infinite combination of designs, sizes, colours and formats, so all 'Made to Order' goods are personalised to your custom specifications, whether or not they match one of the example products shown on this website.
As such, if your order contains 'Made to Order' goods you do not have a legal right to cancel your order under The Consumer Contracts Regulations 2013. If we allow you to cancel the order for any reason then you will be refunded a reasonable proportion of the full amount paid, in relation to costs not yet incurred and work not yet carried out.
We will make and/or dispatch your goods as soon as reasonably possible. The website and other notices will show a typical "dispatch" timescale (lower and upper working days/weeks from the start of order processing to the point at which your goods are handed over to the courier for delivery) and a typical "transit" timescale (lower and upper working days/weeks for the courier to deliver the goods to you).
Sometimes things can take a little longer than expected, so there has to be an agreed "contractual timescale" which represents how long is too long, the maximum allowable delivery time. If we fail to attempt delivery in this timescale, we are in breach of contract and you are entitled to cancel your order for a full refund.
For UK consumers where the order contains only 'In Stock' goods, the legal contractual timescale is 30 days. In all other cases, the contractual timescale shall be: the upper dispatch timescale PLUS the upper transit timescale PLUS 30 days.
Where you have indicated to us a deadline date for delivery, we really will try to meet that date, but only on a "time is not of the essence" basis where the deadline date does not form part of the contract and we accept no liability for any delays that are still within the contractual timescale.
Should you wish to amend your order, contact us with details as soon as possible: we will discuss the changes with you and try to accommodate.
If we are unable, due to unforeseen circumstances, to meet the exact product description, pricing or delivery we will notify you as soon as reasonably possible to seek agreement on amending or cancelling your order.
Without your prompt reply, we sometimes have to decide on our own, whether to proceed with an amendment, or whether to delay until you reply. In these circumstances, we reserve the right to make minor amendments without your agreement (such as minor changes to the product, or use of an alternative courier service), and/or if we choose to delay until you reply, to extend the contractual timescale by the delay in your reply.
As with all such international deliveries (for countries outside the EU single market), you will be liable for any local customs charges, sales or import taxes/duties (these are outside our control and usually collected directly from you by the courier). You are obliged to pay such charges promptly.
Delivery and Title
We will deliver the ordered goods in accordance with your order, at which time title and risk in the goods, and responsibility for the goods is transferred to you. A valid signature will usually be required on collection or delivery.
We will notify you when your goods are dispatched, with notice of the courier service used and their estimated transit time, along with tracking information where available, so that you can prepare to accept delivery.
You must do all that you reasonably can to enable a successful delivery to take place, including, if required after failed delivery, following the carriers procedures for rescheduling or rearranging delivery, or collecting from your local depot in the timescales specified. Once a failed delivery attempt has been made within the contracted timescale, the contracted timescale will be automatically extended until a successful delivery can be made. After failed delivery, you will be liable for any additional costs incurred for storage, return or redelivery.
We reserve the right, where delivery attempts have failed and we understand you to be unable to arrange collection or to accept delivery in reasonable fashion, or where customs charges remain unpaid, to consider you in breach of the contract.
Cancellation & Returns
Should you wish to cancel or return your order, contact us with details as soon as possible.
Other than the express provisions set out in these terms and conditions, or the provisions of The Consumer Contracts Regulations 2013 and other relevant UK legislation where applicable, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law.
We may, at our discretion and with our prior agreement, offer guarantees or allow cancellations and returns beyond the scope of these conditions without prejudice to the legal contract.
We do not accept liability for shortages or damage to deliveries unless you notify us of the shortage or damage in writing within 48 hours of receipt of the delivery.
If you have notified us of a problem with the goods within 48 hours of delivery, we will contact you seeking agreement to make good any shortage or non-delivery, replace or repair any goods that are damaged or defective upon delivery, or refund you up to the order value of the goods in question as appropriate.
If required by us, you must return the goods (with original packaging) to us within 14 days unless we agree that you may dispose of them. Where the goods are being returned because they are faulty or incorrect goods, we will meet the cost of return but you must allow us to nominate the carrier.
If you are a UK or EU consumer, then unless your order contains 'Made to Order' goods, The Consumer Contracts Regulations 2013 gives you the right to cancel your order by giving us notice of cancellation within 14 days of the date of delivery to you. Such notice may be given by letter or email. If you are cancelling because of any problem with the goods, you must notify us of the problem at the time of cancellation.
On cancellation for whatever reason, you must return the goods (with original packaging) to us at your cost within 14 days unless we agree that you may dispose of them. Where the goods are being returned because they are faulty or incorrect goods, we will meet the cost of return but you must allow us to nominate the carrier.
If you have notified us of a problem with the goods within 14 days of delivery, we will contact you seeking agreement to make good any shortage or non-delivery, replace or repair any goods that are damaged or defective upon delivery, or refund you up to the order value of the goods in question as appropriate.
If you have a right to cancel:
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to cancel, you must inform us, Kaamar Ltd, 18 Lynfield Road, Lichfield, WS13 7BS, England tel:01543 251359 email:firstname.lastname@example.org, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the cancellation form below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Effects of Cancellation: If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than- (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we were informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the original 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 earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Refunds will normally be made via the original payment method, and will be limited to the payment amount received. Refunds for internationally delivered goods (outside the EU single market) will exclude the original international delivery cost.
International payments involve third party financial institutions such as Banks/PayPal, who may impose a variety of charges for processing international payments (payments are usually free within the UK and PayPal refunds are often free). Such third party charges may be deducted from the refund before it reaches you: combined with currency fluctuations, this means that unless you are based in the UK, the refund amount you receive may be different from the amount you paid.
We accept all obligations and liabilities required by law, including upholding your statutory rights if you are a consumer, and our liability to you for fraud or fraudulent misrepresentation or for death or personal injury resulting from our negligence.
We are not liable for:
- losses that were not foreseeable by both you and us when the contract was formed
- losses that were not caused by any breach on our part, and
- business losses, and/or losses to non-consumers
As with many other online, delivered goods purchases, we do not foresee any losses other than those directly related to the supply of the goods, limited in value to the value of the goods. If prior to contract you advise us of circumstances that we foresee could cause other losses, we will, in writing, either make specific price adjustments and add specific contractual terms to limit and reduce the risk of such losses, or we will reject your order. If we have accepted your order without such specific terms and adjustments, it is because we did not foresee any such losses and so are not liable for them.
If you are a business customer, we will not be liable to you for any loss of profits, indirect or consequential loss or damage arising out of any problem in relation to the goods. Our liability in respect of all losses shall be limited to the relevant order value.
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, government regulation, fire, flood, strikes, lockouts and other industrial disputes).
If any part of these conditions is invalid, illegal, unfair or unenforceable, the validity, legality, fairness or enforceability of the remainder of that part or of any other part of these conditions will not be affected.
This contract shall be governed by and interpreted in accordance with English law, and you agree to submit to the exclusive jurisdiction of the English courts (UK consumers not based in England may use other UK courts).
English language shall be used for all purposes relating to the use of the website and the ordering, supply or return of goods under this contract. All documentation supplied under this contract, inclusive of labelling, instructions, manuals and certificates for the goods supplied, will be provided in English.
Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights under this contract. The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
Failure by us to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of our rights or remedies in respect of any present or future default by you in performance or compliance with any of these Conditions.
In the event of a dispute between us and you, we will attempt to resolve the dispute in direct contact with you, seeking agreement to make good any shortage or non-delivery, replace or repair any goods that are damaged or defective upon delivery, or refund you up to the order value of the goods in question as appropriate.
Should we be unable to resolve the dispute, UK/EU customers can use the EU Online Dispute Resolution (ODR) platform to find “Alternative Dispute Resolution” (ADR) providers, as an alternative to court action.
Product images are provided for illustrative purposes only and the actual product you receive may differ slightly from the image displayed.
To : Kaamar Ltd, 18 Lynfield Road, Lichfield, WS13 7BS, England. Email:email@example.com
I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:
Ordered on /received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s)(only if this form is notified on paper):