Terms & Conditions

TERMS AND CONDITIONS KINKATOU

Definitions

1. In these terms and conditions the” Company” shall refer to Kinkatou where appropriate.

2. Every offer, quotation, acceptance and contract for the sale or supply of goods, material and /or services (“the Goods”) by the company to any purchaser (the “Customer”) is subject to these terms to the exclusion of any terms proposed or referred to in the customer’s order in correspondence or elsewhere or implied by trade practice or any previous course of dealings between the Company and the Customer.

THE GOODS

All descriptions and illustrations contained in the catalogues, website, literature, price lists and advertisements or otherwise described to the customer are intended to present a general description of the goods and shall not form any part of any contract for the sale of the goods. All goods are handmade and hand finished, and as a result there may be very slight variations to some products.

ORDERS AND PRICES AND TERMS OF PAYMENT 

All orders must be made or confirmed by the customer in writing or by email, and are subject these terms and conditions. Any amendments to the order must also be received in writing.There is no minimum order requirement.The customer will be invoiced in respect of the goods to be supplied. Payment will be on a proforma basis with a deposit of 50% upon placing the order. An order can only be validated once the deposit payment has been paid. The estimated lead time until delivery of the goods will run from the date of the receipt of the deposit. The balance of 50% (the final balance) will become payable when the goods are ready for dispatch and must be paid before dispatch of the goods to the customer or on collection or delivery of the goods to or by the customer, whichever event is earlier. Delivery times are quoted on receipt of order and are to be treated as estimates only. Items will only be released once full and final payment has been received in cleared funds.In placing an order, the customer is deemed to have accepted these terms and conditions of sale.

Preferred payment method is by bank transfer. Payment can be made direct to the company’s bank. Details will be supplied on request. If payment is made in any other currency other than Sterling, or a bank transfer or bankers draft drawn on a London clearing bank, the customer will meet all bank charges and costs incurred by the company in exchanging or cashing such payments

The price payable for the goods are specified in the current price lists. All prices of items are indicated in pounds Sterling . The company reserve the right to increase the price of any goods before delivery to the customer by written notice, specifying details of such increase.

EXPORT

In the case of goods purchased for export UK VAT will not be charged provided that :-    

The customer is a resident of an non EU country, and supply evidence of such.                                                           The customer is VAT registered in the European Union (EU). A valid VAT number must be supplied as well as satisfactory evidence that the goods were exported as stipulated by HMRC authorities.                                                   UK VAT will be charged at the current rate if the such requirements are not met. The customer must use a shipper or shipping agent approved by the company. The customer must ensure that their shipper or shipping agent complies with all the relevant requirements of HMRC applicable to such tax, including the providing the company o a Certificate of Export or shipping Weigh Bill.

DELIVERY

Any times or dates for delivery given are estimates only and the time of delivery shall not be of the essence. In no circumstances shall the company be liable to compensate the customer in damages or otherwise for non-delivery or late delivery of the goods supplied by the company for whatever reason or for any loss consequential or otherwise arising there from.

The company will not accept any claim for damage to the goods if the packaging was received in a damaged condition and this was not noted on the delivery note and reported to the company immediately.

The customer is responsible for unpacking and inspecting the goods immediately on receipt and shall inform the company of any defects, damage or shortages by written notice of the same within 2 days of the date of delivery, with photographic evidence. If the Customer fails to give such notice he shall be deemed to have accepted the goods and the company will not accept any subsequent claims for defects, damage or shortages that are made at a later date.

The customer should not book an electrician or other tradesman for installation until the goods have been fully inspected. The company will not be held liable for any costs incurred by the customer in the event of abortive costs incurred as a result of failing to properly inspect the goods prior to installation.

In the case of non-delivery of the goods supplied, the customer shall inform the company in writing.

A replacement order will be sent upon receipt of a completed returns form.

The company will take no responsibility for damages incurred in transit when using the customer’s own shipper. A signature from the customer’s chosen courier on collection confirms that they are receiving the customer’s order in good condition, and that boxes have been labeled in accordance with their specifications. The customer' shipper should provide the necessary insurance to cover the order.

If the customer delays dispatch of the goods after notification that the goods are ready for dispatch, the company reserves the right to charge interest on the final balance and to charge a storage fee. The storage fee will become payable 14 days after notification that the goods are ready for dispatch and will be charged at 1% of the total value of the order per month or part thereof.

 

GOODS SUPPLIED ON APPROVAL

 

When the company supplies goods on approval the following terms apply:-

Goods on approval are only supplied to trade customers who have registered accounts with the company.

Individuals who wish to have goods supplied on approval must do so through a registered account holder.

The goods will be supplied on the basis of sale or return. In the event that the goods requested for approval are not in stock and available for release the customer will purchase the goods as in the case of making proforma purchase. The company will not loan lampshades on approval.

The risk of loss or damage to the goods supplied on approval shall pass to the customer from the time they are dispatched from the company's premises until the time they are returned to the company's premises. For the purposes of return of the goods, the goods will not be treated as returned until the company has signed an Acknowledgment of Receipt and Condition. The company undertakes that such an acknowledgement will be supplied to the customer.

If the goods supplied on approval are not returned to the company’s premises within 7 days of their dispatch, the customer shall be deemed to have accepted the goods supplied on approval and will be obliged to purchase them at the price stated in the company's current retail price lists and otherwise on these terms and conditions

All goods supplied on approval will be invoiced immediately and will be credited on their return providing the company has issued an Acknowledgement of Receipt

If goods supplied on approval are returned damaged, the customer will be deemed to have purchased them and no credit will be issued, the customer will have to bear the cost returning the goods.

 

CANCELLATION AND RETURNED ITEMS

 

The company reserve s the option to cancel or suspend any contract if the customer fails to make any payment due pursuant hereto or if the customer fails to perform any obligation on its part under any contract. In the event of such cancellation the company will have no obligation to return any monies paid by the customer.

If an order is cancelled by the customer before delivery and before payment of all monies due under the contract, the customer will still be liable to pay all monies outstanding under the contract and the customer will indemnify the company against all loss or damage arising from such cancellation including consequential loss

No goods will be accepted for return without prior agreement. Any agreed return will be credited less a handling charge. Orders cancelled once manufacture is under way, or goods returned for reasons of unsuitability will be accepted at the management’s discretion subject to a returns charge plus transport costs. Where goods are accepted for return, it is the responsibility of the client to ensure that they are received in a saleable condition and any damage sustained will be charged back to the customer.The cost of returning the goods to the company will be borne by the customer. A credit will only be issued if goods are returned in the original packing, undamaged and in a saleable condition

If the goods are accepted for return, the company will issue a credit note which will be valid for 12 months. The company will not refund money for any such agreed returns

Goods purchased during a Company Sale are purchased strictly as seen. No warranty is given or implied as to the condition of such Sale Goods and they may not be returned under any circumstances.

 

RISK AND PROPERTY

 

Risk or loss and/or damage to the goods passes to the customer when the goods are dispatched from the company's premises or 7 days after the customer has received notice from the company that they are available for collection from the company's premises if earlier. After risk passes to the customer, the company shall not be liable to the customer for loss or damage of any kind.

Title of goods shall only pass when the payment has been received in full. The company reserve the right to discontinue items without prior notice.

 

FORCE MAJEURE

Kinkatou shall not be liable for any loss or damage whatsoever to the customer which may be incurred directly or indirectly as a result of the operation of any factor beyond its reasonable control including (but without limitation) act of God, legislation, war, failure or interruption of supplies, strike or other industrial action by workers.

 LIABILITY

The company will not be liable for;

Defects in the goods caused by fair wear and tear, abnormal conditions of storage or use or the application of any treatment or process whatsoever to the goods after delivery or any act, neglect or default of the customer or third party.

The company’s only obligation shall be to make good any shortage or non-delivery and/or to replace or repair any goods found to be damaged or defective on delivery. The company may require any allegedly defective goods to be returned to them at the customers expense before making good or replacing the goods and the company’s aggregate liability to the customer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or undelivered goods giving rise to such liability as determined by the net price invoiced to the customer for the said goods. All electrical goods should be installed by a qualified electrician.

 

INSOLVENCY AND DEFAULT

If the customer, being an individual, becomes bankrupt or makes a voluntary arrangement with his creditors or, being a company, enters into liquidation or has a receiver appointed of its undertaking, property or assets or any part thereof or circumstances arise which entitle the Court or a creditor to appoint an administrative receiver or which entitle the Court to make a winding-up order or if the customer commits any breach of any of his obligations to the Company, the company may without prejudice to any of its other rights stop any goods in transit and/or suspend and cancel further deliveries and/or by notice in writing to the customer terminate any such contract without liability of any nature whatsoever to the customer.

 

 

 

 

 

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