Definitions
"Business Customer" means a customer who is not a Consumer.
"Consumer" means an individual who is not acting for the purposes of his or her business or profession.
Our Contract
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 our website to the customer (“you”) and constitute the entire and only 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 is constituted between us only when we accept your order in writing or by delivery of the goods to you. Your existing statutory rights are not affected by these conditions.
Pricing
The price payable for the goods you order is as set out on our web site at the time you place your order, plus any charges for carriage and insurance as set out in the order form.
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.
Payments
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 carriage.
Payment will only be deemed to be received upon clearing of funds credited to our Bank or Paypal account.
If you pay by cheque, please note that you will be liable for an administrative fee for collection of a dishonoured cheque.
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 transfered to you. A valid signature will be required on collection or delivery.
Availability
If we are unable to supply or deliver the goods ordered and paid for by you within 30 days, we will refund you the price paid for such goods as soon as possible and in any case within 30 days.
Goods made to order
Some of our goods, including all Mosaic products, are made to order.
In placing an order, you are instructing us to proceed with the provision of a procurement, manufacturing and assembly service that results in the delivered product, such service to begin immediately.
As such, The Consumer Protection (Distance Selling) Regulations 2000 do not apply.
Cancellation & Returns
Other than the express provisions set out in these terms and conditions, or the provisions of The Consumer Protection (Distance Selling) Regulations 2000 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. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
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.
Business Customers:
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 (subject to availability) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
Consumers:
The Consumer Protection (Distance Selling) Regulations 2000 gives you the right to cancel your order by giving us notice of cancellation within 7 days of the date of delivery to you of qualifying products. Such notice may be given by mail, fax or email. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
On cancellation for whatever reason, you must return the goods 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 we ask that you allow us to nominate the carrier.
If you have notified us of a problem with the goods within 7 days of delivery, we will (subject to availability) either make good any shortage or non-delivery; replace or repair any goods that are damaged or defective upon delivery; or refund to you the amount paid by you for the goods in question.
Liability
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.
This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
Force Majeure
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).
General
If any part of these conditions is invalid, illegal or unenforceable, the validity, legality 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 jurisdiction of the English courts.
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.
No Waiver
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.
Dispute Resolution
In the event of a dispute between us and you, we will attempt to resolve the dispute in direct contact with you to make good any shortage or non-delivery, replace or repair any goods that are damaged or defective upon delivery, or refund to you the amount paid by you for the goods in question if appropriate.
Should we be unable to resolve the dispute, and should we require in writing, you agree to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
Images
Product images are provided for illustrative purposes only and the actual product you receive may differ from the image displayed.
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