TERMS & CONDITIONS OVERVIEW
Throughout the site, the terms “we”, “us” or “our” refers to Kain & Wares. Kain & Wares offers this website, including all information, tools and services available from this site to visitors (cumulatively referred to as “you” or “your” hereinafter), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
This website is operated by the Website Owner, Kain & Wares Ltd. Kain & Wares Ltd. is registered in England and Wales. Our company registration number is 10508556 and our registered address is 22 Arngask Road, London, SE6 1XU.
This page states the Terms and Conditions under which you use www.kainandwares.com. Please note that any use of this website means that you agree to the following Terms and Conditions.
By agreeing to these terms and policies, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
YOUR AGREEMENT WITH WWW.KAINANDWARES.COM
By visiting our site and/ or purchasing something from us, you agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by our terms. If you do not agree with all the terms and conditions of this agreement, then you may not access the website or use any services. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of our terms at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
MAKING AN ONLINE PURCHASE
Depending on the shipping country and destination, website transactions currencies are available in GBP, USD, EURO and AUS. The final price you pay will be displayed at the checkout and your card will be charged in the currency selected. The price will not vary from the price at checkout and does not change with later currency fluctuations. In turn, refunds will also be set at the price you paid, not the price at the date of refund. Final credit card and debited amounts may vary due to currency fluctuations and bank commissions at the time the funds leave your account. Please check with your bank for accurate currency rates.
All agreements of your offer to purchase goods are entirely subject to their availability. When you order an Item from kainandwares.com you are offering to buy it for the price stated, subject to these Terms.
Once an order has been placed, an e-mail will be sent to you stating the details of your order, a payment reference and the total value of the order. Note that this is not an order confirmation. Only once you receive a notification e-mail stating the order has been dispatched, the order has been completed and our contract fulfilled. In the event we are unable to fulfil the order following our order acknowledgement, we will notify you via e-mail.
We may not be able to proceed with your order if an item you have ordered is out of stock, if we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
PRICING AND PAYMENT INFORMATION
The price of the product is indicated on the order pages. We take all reasonable care to ensure that the price of the product advised to you is correct. Prices of our products are subject to change without notice.
As a registered company in the United Kingdom, Kain & Wares Ltd. is not obligated to collect VAT on sales as we do not meet the annual thresholds for resident companies (in the 27 EU member states plus Norway, Switzerland and United Kingdom).
We accept the following credit and debit cards; Visa, Visa Debit, MasterCard, Maestro and Amex. All credit and debit card payments are processed by Shopify Payments. Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard and American Express. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
We also accept PayPal. PayPal sign up is optional and all major credit and debit cards are accepted. You will be directed to PayPal’s or Shopify Payment pages after the checkout.
Please note we are not responsible for a delay in dispatching your product if your card issuer delays your payment to us, for whatever reason. For goods, you must pay for the products before we dispatch them.
Depending on your location various local charges, such as customs import, duty, export, brokerage fees or local taxes that are obtained by an International shipment are the sole responsibility of the customer. We have no control over these charges and they vary from country to country.
We aim to deliver all orders as quickly as possible. Our delivery charges are dependent on your shipping destination. Please refer to our shipping section to view timing and costs. Shipping times stated on the website are in no way a guarantee and are based on approximations. This is due to third party factors that may cause delays. Kainandwares.com cannot take responsibility for delays owing to customs clearance or payment issues.
On completing payment and delivery information, a billing address for the card holder will be requested as well as a delivery address. On line purchases can be delivered to an alternative address other than the billing address. An e-mail with a copy of the invoice will be sent to the cardholder’s registered e-mail address and a signature will be required upon delivery of goods received. So you can track your parcel, an e-mail will also be sent containing your tracking number.
Please visit our Shipping section for full details regarding deliveries.
OUR RETURNS POLICY
Our web store returns policy means that if you are not fully happy with the goods you have received, you can return them to us within 14 days of receipt, providing they are in original resalable condition. Once returned you will be entitled to receive an exchange or a refund, which will not include the cost of the original or returned postage and packaging. We are not able to refund or exchange items that appear to have been used, washed or are not in original condition (original labels must be attached). This does not affect and is in addition to your statutory rights as a consumer. Please make sure all returned items are well packaged, as not to be damaged in the post. Please make sure all return packages are sent with a trackable, insured service, as we cannot take responsibility for items damaged or lost in the return transit.
Please visit our Returns section for full details regarding returns.
Our products are available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
Products may vary slightly from their pictures. The images of the products on our website and/or our promotional literature are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade and sourced from natural or recycled sources all sizes, weights, capacities, dimensions and measurements indicated on our website may have a slight variation.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
ACCURACY, COMPLETENESS AND TIMELINESS OF WEBSITE INFORMATION
We make every effort to update the information contained on this website. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE WEBSITE
We make every effort to ensure information on the website is accurate and correct but occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order). We reserve the right at any time to modify or discontinue the website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website.
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of Kain & Wares. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
Certain content, products and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We will, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the website will be accurate or reliable. You agree that from time to time we may remove the website for indefinite periods of time or cancel the website at any time, without notice to you. You expressly agree that your use of, or inability to use, the website is at your sole risk. The website and all products and services delivered to you through the website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kain & Wares Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the website or any products procured using the website, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
We reserve the right to refuse the use of the website to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, use of the website, or access to the website or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You agree to indemnify, defend and hold harmless Kain & Wares and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate the agreement at any time by notifying us that you no longer wish to use our website, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
All relevant Terms and Conditions, policies and notices shall be governed by the laws of Great Britain. You hearby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, goods purchased by you or any relevant Terms and Conditions, policies or related notices.
CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms and Conditions any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Questions about the Terms & Conditions should be sent to us at firstname.lastname@example.org