TERMS AND CONDITIONS
- These Terms
1.1 Scope of Terms: These terms and conditions delineate the framework under which we provide our products to you.
1.2 Importance of Review: Kindly take a moment to carefully peruse these terms before submitting your order. Your agreement to be bound by these terms is implied upon order submission. This document sheds light on our identity, the product supply process, contract-related specifics, procedures for adjustments or terminations, issue resolution, and other relevant details.
- Information about Us and How to Reach Us
2.1 Identity: We are Kagatha Ltd, a registered company in England and Wales (registration number: 15239129), with our registered office situated at 7 Mount Vernon, Hampstead, London, England, NW3 6QS.
2.2 Contact Information: Reach out to us by contacting our customer service team at info@kagatha.com, submitting a query here, or correspond with Kagatha Ltd, 7 Mount Vernon, Hampstead, London, England, NW3 6QS.2.3 Communication: We will reach out to you through telephone or in writing, utilizing the email address or postal address you provided in your order.
2.4 Written Communication: In the context of these terms, references to "writing" or "written" encompass emails.
- Our Contract with You
3.1 Order Acceptance: Your order acceptance and the commencement of a contract occur when we email you an order confirmation.
3.2 Order Rejection: In cases where we are unable to accept your order, we will notify you in writing, typically via an email from our customer care team. Rest assured, you will not incur any charges. Reasons for rejection may include product unavailability, quality control check failures, unforeseen resource limitations, pricing or product description errors, or the inability to meet specified delivery deadlines.
3.3 Your Order Number: Upon acceptance, an order number will be assigned and communicated in the order confirmation email. When reaching out to us regarding your order, kindly provide this order number.
3.4 Order Fulfilment Limitations: Fulfilment of orders to specific countries may be restricted due to legal or logistical constraints. For further details on order fulfilment to your location, please do not hesitate to contact us or refer to our Shipping page.
- Our Products
4.1 Product Variations
At Kagatha, we want you to be aware that the images of our products on the website serve illustrative purposes. Please note that each item is meticulously handcrafted from natural materials, making variations in composition and colour inevitable. The uniqueness of natural gemstones may result in slight inclusions, and you might observe minor differences in dimensions and specifications.
- Rights to Modify the Contract
5.1 Once your order is confirmed, adjustments are not feasible. For any changes, please refer to our Returns page for a comprehensive guide on the return process upon receiving your order.
- Providing the Products
6.1 Delivery Costs: Clear and transparent, the delivery costs will be displayed on our website during the ordering process.
6.2 Product Provision Timeline: Throughout the order process and in our confirmation email, we will keep you informed about the timeline for delivering the products. Rest assured, an additional email will confirm the shipment along with details on tracking your order's delivery.
6.3 Delays Beyond Our Control: While we strive to provide timely service, events beyond our control may lead to delays. In such instances, we will promptly notify you, taking necessary steps to minimize any impact. We appreciate your understanding in such situations.
6.4 Responsibility for Goods: Your responsibility for the order commences upon the delivery of the product(s) to the specified address during the order stage.
6.5 Ownership of Goods: Ownership of a product is transferred upon our receipt of full payment. Thank you for entrusting us with your order.
- Your Rights to Terminate the Contract
7.1 Flexibility in Contract Termination: Your ability to terminate the contract depends on various factors such as the nature of your purchase, any defects, our performance, and the timing of your decision to terminate:
(a) If the purchased item is faulty or misdescribed, you may have the legal right to terminate the contract, get the product repaired or replaced, or receive a partial or full refund (refer to clause 10).
(b) If you wish to terminate the contract due to actions or communications from our end, refer to 7.2.
(c) For cases where you've changed your mind about the product, see 7.3.
(d) In all other situations where neither party is at fault, and there is no change-of-mind provision, refer to 7.5 and 7.6.
7.2 Termination Due to Our Actions or Plans: If you decide to terminate the contract for reasons outlined in (a) to (e) below, the contract concludes immediately, and we will issue a full refund for any undelivered products. These reasons include:
(a) Notification of an upcoming change to the product or these terms that you disagree with.
(b) Disclosure of an error in the price or description of the ordered product, leading to your decision not to proceed.
(c) Significant risk of substantial delays in product supply due to uncontrollable events.
(d) Suspension of product supply for technical reasons, or a notice of intent to suspend for more than 7 days.
(e) Your legal right to terminate the contract due to our wrongdoing.
7.3 Exercising the Right to Change Your Mind (Consumer Contracts Regulations 2013): Under the Consumer Contracts Regulations 2013, you have a legal entitlement to change your mind within 14 days and receive a refund. Please note, consumers are responsible for return costs.
Right under the Consumer Contracts Regulations 2013: 14-day period for changing your mind, with consumers covering return costs.
7.4 Exceptions to the Right to Change Your Mind: The right to change your mind does not apply to:
(a) Worn products not in their original packaging.
(b) Engraved or personalized products.
- Ending the Contract with Us (Including Change of Mind)
(b) Online: Utilise our online contact form.
8.2 Returning Products after Contract Termination: If you choose to terminate the contract after the products have been dispatched or upon receipt, follow our returns procedure. Ensure compliance to secure a refund. If exercising your right to change your mind, notify us within 14 days of receiving the order and return the goods in its original packaging within another 14 days.
8.3 Return Costs:
- The customer is responsible for the cost of return.
8.4 Refund Process: We will refund the product price using your original payment method. Deductions may apply, as outlined below. (We can not refund the cost of delivery).
8.5 Refund Deductions for Change of Mind:
(a) The refund may be reduced to account for any decrease in the goods' value due to handling not aligned with acceptable shop standards. If a refund is issued before inspecting the goods and later unacceptable handling is discovered, an appropriate amount must be paid.
8.6 Timeline for Refunds:
(a) For change-of-mind cases, we strive to process refunds within 2-3 days of receiving the product. It might take up to 10 days for the amount to appear in your account after we have processed the refund.
9. Our Right to Terminate the Agreement
9.1 Our Right to Terminate for Breach: We retain the right to terminate the agreement by providing written notice if:
(a) You fail to make a payment on time, and even after a reminder, payment is not received within 5 days;
(b) You do not furnish necessary information within a reasonable timeframe, crucial for us to fulfill the product delivery, such as delivery details or engraving specifications;
(c) You do not permit us to deliver the products within a reasonable timeframe; or
(d) The purchase is conducted under fraudulent or illegal circumstances.
9.2 Compensation for Contract Breach: In instances outlined in clause 9.1, if we terminate the agreement, we will refund any pre-paid amounts for undelivered products. However, we may make reasonable deductions or charge you compensation for the net costs incurred due to the contract breach.
- Addressing Product Concerns
10.1 Reporting Issues: For queries or concerns about the product, feel free to reach out to us. You can contact our customer service team at info@kagatha.com or submit a message here.
- Pricing and Payment
11.1 Product Price Clarification: The displayed price, inclusive of VAT, is indicated during your order placement. We strive for accuracy; however, please refer to clause 11.3 for our response to any identified pricing errors.
11.2 VAT Adjustments: In case of a change in the VAT rate between order and supply dates, we will adjust the rate, unless the product is fully paid before the change. Non-EU orders exclude VAT (20%), automatically deducted for non-EC countries. Australian customers, check the ATO website for GST details.
11.3 Addressing Price Errors: Despite our efforts, pricing errors may occur. We check prices before order acceptance, charging the lower amount if it's correct on your order date. If higher, we seek your instructions before acceptance. Obvious errors may lead to contract termination, refund, and return of provided goods.
11.4 Import Charges Outside the EU: International orders may incur customs or import duties. Customers are responsible for these charges; contact local customs for details. EU customers won't face additional costs post-Brexit. Australian orders are subject to GST, as stated in clause 11.2.
11.5 Payment Terms: We accept all major payment methods including Visa, Visa Debit, Maestro, MasterCard, Amex, Discover, Diners Club, Union Pay Shop Pay, Apple Pay, Google Pay, Pay Pal.
11.6 Payment Processing: Credit/debit card and Apple Pay transactions use Shopify Payments. Amazon Pay and PayPal use their respective Shopify integrations. Kagatha is not liable for service availability. Shopify Payments complies with the Electronic Commerce Directive.
11.7 Stack Reward Points and Promo Codes: Stack reward points can't be used with promo codes but are applicable as payment for discounted items, not valid for full-priced items.
- Our Responsibility for Loss or Damage
12.1 Accountability for Foreseeable Loss or Damage: We take responsibility for foreseeable loss or damage resulting from any failure to comply with these terms. However, we are not liable for unforeseeable loss or damage. Loss or damage is considered foreseeable if it was evident or if both parties were aware it could occur at the time of entering the contract.
12.2 No Unlawful Exclusion or Limitation: We do not exclude or limit liability where such exclusion or limitation would be unlawful. This includes liability for death, personal injury, fraud, or breach of your legal rights.
- Use of Personal Information
13.1 Handling of Personal Information: Your personal information will only be utilized as outlined in our privacy policy.
- Other Important Terms
14.1 Rights Limited to Involved Parties: This contract is specifically between you and us. No third party holds rights to enforce its terms. Termination of the contract or any modifications do not necessitate agreement from any other individual.
14.2 Illegality and Severability: If any part of this contract is deemed illegal, the remaining sections will remain in full force and effect. Each paragraph operates independently.
14.3 Enforcement Delay: Our delay in enforcing the contract does not waive our rights, and we retain the ability to enforce it at a later time.
14.4 Governing Law and Jurisdiction: These terms are governed by English law, and legal proceedings related to the products can be initiated in the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To KAGATHA LTD of 7 Mount Vernon, London, England, NW3 6QS,
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),
Date
[*] Delete as appropriate