1. TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before using this site.
These terms and conditions (the “Terms”) and any other rules/terms and conditions (“Additional Terms”) set out the rules for using KALITA.CO.UK (the “Website”). The Terms apply to customers (“you”/”your”) when using and/or purchasing clothing, accessories and other items (the “Products”) from the Website. By using the Website and/or placing an order to purchase Products You agree and accept the Terms which form a legally binding contract (the “Contract”) between you and K A L I T A Clothing Ltd.
If you do not agree to the Terms you may not use the Website and should leave it immediately.
We recommend that you print a copy of the Terms for future reference. A printable version of the Terms is available on KALITA.CO.UK.
1.1 WHO ARE WE AND HOW TO CONTACT US?
KALITA.CO.UK is an online service provided solely for your personal use for the sale of the Products and is operated by K A L I T A Clothing Ltd (“we/”our”/”us”), a company registered in England and Wales under the company number 9999479 and have Our registered office at 22 Chancery Lane, Holborn, London, WC2A 1LS. Our main trading office is 142 Doulton House, 11 Park Street, London, SW6 2FT, UK
To contact us please email email@example.com
2. THE WEBSITE
We make reasonable efforts to ensure all information, including but not limited to the description of Products and prices on Our Website is correct and updated. We make no representations, warranties or guarantees, whether express or implied that the Website content will always be available, accurate, uninterrupted, complete or up to date.
2.3 YOUR ACCOUNT
Creating an account with us means you can shop faster and keep track of your orders and returns. If you set up an account with us you guarantee that the personal information which you provide when you register as an account holder or customer is true, accurate and current in all respects. Should your personal information change please contact the KALITA customer service team at firstname.lastname@example.org
By using this Website you agree to not impersonate any entity or any person or use a false name you are not entitled to use.
2.4 ACCURACY OF PRODUCTS
Product descriptions on Our Website are approximate and subject to availability, your location of delivery and any Additional Terms. We cannot guarantee that your computer system will accurately display the colours, composition and materials as shown. Delivery prices given on the Website or by email are estimates only.
2.5 THIRD PARTY SITES
You understand that when using the Website you may be exposed to content provided by third parties. You agree that we are not responsible for the accuracy, suitability, safety, appropriateness or intellectual property rights in or related to such Content.
2.6 ACCEPTABLE USE POLICY
The Website is only made available to access for your personal use and for lawful purposes. You may NOT:
- Use the Website to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, unless permitted by US
- Harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;
- Transmit malicious code such as viruses, Trojans, worms or other malicious malware or transmit spam email such as unsolicited emails that could reasonably be expected to cause complaints.
- Modify the software that is provided by us for any purposes including obtaining unauthorised access to the Website.
We reserve the right to immediately block or disable your ability to use the Website and/or access your account if we believe that you have engaged in any of the foregoing activities or that they have occurred in association with your account or password.
Protecting the safety of children when they use the internet is very important to us. We recommend that children receive permission from their parent or guardian before gaining access to the Site or sending personal information to us or anyone online.
We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site whilst it is in transit over the internet and any such submission is at your own risk.
If you use a shared computer or a computer in a public place, it is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information.
Storage of your information
3. TERMS AND CONDITIONS OF SALE
3.1 ELIGIBILITY TO PURCHASE:
To purchase our Products you warrant that: you are 18 years or older, have the legal capacity to enter into binding contracts, that your purchase is for private and individual use and that you are not resident in a county where making a payment to our Website, in line with the Terms, would breach any laws in that county.
You must provide and use and a valid payment method that we accept and you guarantee that you are authorised to use the payment card you provide us.
You acknowledge that placing an order is an offer to purchase the Products on our Website for the price stated, inclusive of any taxes, additional fees and subject to these Terms (Your “Order”). Your Order does not form a legally binding contract until accepted by us. Where you order more than one product your Order contains offers for each product individually. We will send you an acknowledgement email with the details of you Order upon successfully completing the checkout out process made available on our Website.
We will only accept Order(s) when we:
- Receive full payment for of the Order(s) plus any applicable delivery charges
- Can confirm your Order(s) are in stock and available
- Can confirm we are able to deliver to the delivery address.
Unless we have notified you that we do not accept your Order, or if you cancel the Order(s) in accordance to your statutory rights and our Returns policy, the Contract will take place when you receive a confirmation email from us to the email you have provided at the time of you Order. The confirmation email will notify you that we have dispatched the Products ordered by you. You will not hold us responsible if you for any reason cannot receive the confirmation email.
We reserve the right to refuse any offers prior to our acceptance and at our sole discretion. Should we take payment from you prior to non-acceptance of you Order, we will refund you. Please note that refunds may take up to 5 business days or longer subject to your bank.
Non-acceptance may be the result of one of the following:
- The Good(s) You has ordered is out of stock, faulty, has a pricing error, or
- If we are unable to obtain authorisation for your payment. We will not accept Your Order if your card is due to expire within 28 days of your purchase date.
- You do not meet our ELIGIBILITY TO PURCHASE policy.
If you require any information regarding Your Order please contact Customer Service by email email@example.com
3.5 ACCEPTABLE PAYMENT POLICY
CREDIT / DEBIT CARDS ACCEPTED:
- American Express
WE'RE SORRY, WE DO NOT ACCEPT:
- Postal Orders
Prices will automatically be shown as follows depending on your selected delivery country:
- All Countries: GBP (£)
All prices are, unless otherwise stated, inclusive of VAT and any other applicable taxes in accordance to these terms. Prices will be subject to the exchange rate applied by your credit or debit card company. For security purposes, a copy of the invoice will be sent to the cardholder’s registered email address and home address.
Import taxes, duties and additional local fees are NOT included in the price shown and are the sole responsibility of the customer to pay. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or local shipping company for further information before placing your Order.
If you are in the UK and choose to have the Products shipped to the UK, prices will be shown inclusive of VAT (where applicable) at the current rate. For all other countries prices are shown exclusive of VAT. Our VAT number is: GB 236 0529 22
If you have any questions regarding duties, taxes, or fees please contact firstname.lastname@example.org
3.8 PROMOTIONAL CODES
All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the Order is placed and will be set out in your order confirmation email.
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
3.9 PROCESSING GUIDELINES
All orders are processed pending availability and payment verification. Most items ordered are processed within 2 working days.
Orders placed Monday to Friday before 3pm will begin processing on the same day.
Orders placed after 3pm will begin processing the following business day.
Orders placed on a Friday after 3pm and through the weekend will begin processing on the following business day.
Orders placed on a UK Bank Holiday will begin processing on the following business day.
3.10 CANCELLATION POLICY
Pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), UK and EU customers can cancel their Contract for any reason for up to fourteen (14) days of receiving Products from us.
If the Products have been successfully delivered to your indicated delivery address, you must return the Products to us (please refer to our returns policy for our returns address information) in the same and/or reasonable condition along with any packaging, manuals, accessories, free items and any other components that was made available to you in the event of purchase within 14 days of receiving it. . Please note that under the Consumer Contracts Regulations 2013 (ICACRs), not all goods have cancellation rights. Please refer to the Consumer Contracts Regulations 2013 Part 3( s.28) for details.
If you decide to cancel, you should return the Products to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to Products to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
If You meet the conditions of the cancellation policy and/or returns policy, you will receive a full refund of the price you paid for the Products in accordance to Our return policy.
To exercise the right to cancel the contract you must inform us by email to: email@example.com [reference: Notice of Contract Cancellation].
We may make a deduction from the reimbursement for loss in value of any Products if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any Products supplied.
We will deliver the Products using a nominated courier of our choice ( “Standard Courier”). Specific delivery details will be confirmed at the time you Order. Standard Courier delivery services are available in most areas, however in the event Our Standard Courier is not available, We will deliver by an alternative carrier and this may take longer. No delivery services are available on a bank holiday.
Please note Products delivered outside United Kingdom and Europe are NOT shipped on a Delivery Duty Paid (DDP) basis.
We will deliver to your indicated delivery address. Our Standard Courier will deliver your parcel between 8am and 6pm.
- If you place your order by 3pm Monday to Thursday, you will receive your Products within the next 2-3 working days (UK & Europe) and 2-7 working days (USA & Worldwide).
- Any orders placed on Friday before 3pm will be delivered from the following Monday.
- Any orders placed after 3pm on Friday and during the weekend will be delivered from the following Tuesday.
- Please note we do not deliver on UK Bank Holidays and your order will be delivered 2 working days later.
- A tracking link will be sent to you once your order reaches our courier, for you to be able to follow it all the way to your front door.
All courier delivery services are subject to stock, courier area, availability and demand. Delivery times are merely an estimate and cannot be guaranteed.
Neither K A L I T A Clothing Ltd nor our nominated carrier shall be liable for any delay or failure to deliver the Products within the estimated time frame and you will not be able to claim compensation for Products delivered outside the estimated delivery time due to delays.
If you wish to track your parcel, please refer to the email you were sent containing your tracking number. Please check your Order receipt for tracking information for specific delivery details. A signature will be required on receipt. If you are not in to accept your parcel, the carrier will leave you a card telling you how you can re-arrange delivery/pick up from depot.
3.14 INTERNATIONAL SHIPMENTS
When ordering from K A L I T A Clothing Ltd you are considered the "importer of record". Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws, incurred costs you may be subject to pay and/or for any delay due to Products being held at customs.
For international returns please mark clearly "British Returned Products - No commercial value" as description of contents on all paperwork provided by your chosen carrier. If this indication is not clearly stated, custom duty charges may be applied and the amount will be deducted from your merchandise refund.
3.15 TRANSFER OF TITLE
Risk of title passes when we receive payment in full and the risk of loss and damage of the Products passes to you on the date and time of delivery of the Products.
3.16 SHIPPING COSTS AND METHODS
UK: Delivery within 2-3 working days from dispatch, free delivery.
Europe: Delivery within 2-3 working days from dispatch, shipping cost of £12.
USA: Delivery within 2-3 working days from dispatch, shipping cost of £15.
Worldwide: Delivery within 2-7 working days, shipping cost of £20. (Transit times dependent on destination).
International shipping charges do not include taxes or duties; these are you (the customer’s) full responsibility.
3.17 REFUSED SHIPMENTS
If you choose to refuse your shipments, you will be responsible for any duties, taxes and/or customs charges that are incurred on the package, and the cost of returning the package to our UK address. This amount will be deducted from your merchandise refund.
When we deliver your Products to you we will include a returns slip, and information on how to return Products to us. If you want to return any Products you must complete the returns slip and enclose this with the Products you are returning. All returns should be sent back to us in their original packaging provided.
Returning your product because it’s unwanted:
Please return your item unused and in original condition, with all KALITA garment tags still attached (as it was received by you) with proof of purchase within 14 days of successful delivery and we will refund you.
Returning your product because it has a fault:
If your product develops a fault within 30 days of purchase, please return with proof of purchase and we’ll exchange or refund it.
After 30 days, we’ll repair or replace the Product in accordance with the terms of the Consumer Rights Act 2015
Returns are applicable on most Products and that have been returned to us following the terms set out. Returns that are damaged, soiled or returned without their original labels may not be accepted and will be sent back to the customer, at their own cost.
Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately. If your item is faulty (i.e. received damaged or with a manufacturing fault), we can offer alternatives such as repair.
You will need to return the order to us by secure means to ensure it reaches us in good condition, at your own cost.
All returns must be shipped to our warehouse within 14 days of receiving your order. Please return your order to us with tracking, by secure means, at your own cost.
Please send your return to:
K A L I T A Clothing Ltd
71 Townmead Road
When we receive your Order we will send an email to you confirming the refund has been successful and your card will be credited within 30 days upon our receipt of your returned Products. Our returns policy does not affect your statutory rights under English Law.
We do not offer exchanges. Should you wish to receive a different size or style, please place a new order on our website and return the existing order for a refund, original shipping charges are non-refundable. Please note that if you have paid or are due to pay any duties, taxes or other fee(s) these are your sole responsibility - including reclaiming them where applicable. KALITA.CO.UK does not accept any responsibility for duties, taxes or other fee(s).
Damaged or Defective Products
At K A L I T A Clothing Ltd we are committed to selling only first-quality merchandise. To that end, we employ several quality checks before an item is shipped. If you have received a damaged or defective item, please notify us by email at firstname.lastname@example.org within 14 days of receiving the order to be eligible for a refund. If you contact us more than 14 days after receiving your order or fail to supply sufficient evidence that the item was damaged prior to being in your care we do NOT accept any liability for damaged items. After 30 days, we will attempt to repair or obtain a replacement, but we are unable to refund.
LIMITATION OF LIABILITIES
UNDER NO CIRCUMSTANCES (TO THE EXTENT PERMITTED BY LAW) SHALL KALITA OR ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO COSTS, DAMAGES, EXPENSES AND LOSSES INCLUDING LOSS OF PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, LEGAL FEES, PENALTIES OR ANY LOSS ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT , TORT OR OTHERWISE AND WHETHER OR NOT ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE, ADD-X OR THE SERVICES.
YOU HEREBY AGREE TO INDEMNIFY KALITA, THE SITE AND KALITA, FROM ANY CLAIMS BROUGHT AGAINST YOU IN RELATION TO USING OUR SERVICES OF ANY NATURE WHETHER KNOWN OR UNKNOWN.
WE DO NOT LIMIT OR EXCLUDE OUR LIABILITY FOR:
(A) FRAUDULENT MISREPRESENTATION
(B) DEATH OR PERSONAL INJURY
(C) FOR ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY UNDER THE LAWS OF ENGLAND AND WALES.
You agree that the Service, including but not limited to K A L I T A , graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by K A L I T A and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and You shall not exploit the Service in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
All copyrights in and to the Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by K A L I T A and/or its licensors, who reserve all their rights in law and equity.
THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT USER TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
K A L I T A logo and other K A L I T A trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of K A L I T A. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Your use of this Website and any purchase by you of any Item from KALITA.CO.UK shall be governed by English law and you hereto submit to the exclusive jurisdiction of the English courts.
Please submit any questions, concerns or comments you have about this policy or any requests concerning your personal data by email to email@example.com or write to us at:
K A L I T A Clothing Ltd
142 Doulton House
11 Park Street