Terms and Conditions
Overview
This Website is operated by Kanyaka Ltd. By visiting our Website and/or purchasing something from us, you engage in our “Services” and agree to be bound by the following “Terms of Service”, including those additional terms, conditions, and policies referenced herein and/or available by hyperlink.
These terms apply to all users of the Kanyaka Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of Content, and in any event to you as a buyer or prospective buyer of our Goods. Any new features or tools which are added to the current Website shall also be subject to these Terms of Service.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by them. If you do not agree to all the terms of this agreement, you may not access the Website or use any of our Services.
The headings used in this agreement are included for convenience only, and will not limit or otherwise affect these Terms of Service. You may review the most current version of these Terms of Service at any time on this page. Your continued use of, or access to, our Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Registration & Eligibility
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that being of the age of majority in your state or province of residence, you have given your consent to allow any of your minor dependents to use this Website.
You agree that you have provided, and will continue to provide, accurate and complete information about yourself. We require this information to provide you with the Goods that you order.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for preventing any unauthorised person from using your account. You agree to accept responsibility for all activities that occur under your account and password. If you believe your account has been accessed without your authority, you should immediately inform us, log in to your account and change your password.
Orders
Once your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Acceptance of your order and completion of the contract between you and Kanyaka will be completed when we email you to confirm the Goods have been dispatched.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment; that shipping restrictions apply to a particular item; that the item ordered is out of stock or does not satisfy our quality control standards; or that you do not meet the eligibility criteria set out within these Terms of Service. We may also refuse to process and therefore accept a transaction for any reason, or refuse Services to anyone at any time at our sole discretion.
Prices & Payment
We endeavour to keep our Website prices updated and accurate, though from time to time there may be inaccuracies in price. In this case, we will not send your order until you have confirmed that you accept the new price.
Prices for our products are subject to change without notice. Banking charges by the receiving bank on payments to us will be absorbed by Kanyaka. All other charges relating to payment in a currency other than Great British Pound will be absorbed by you.
Prices include UK VAT.
Delivery
We offer free shipping within the UK on purchases over £200.
We endeavour to dispatch Goods within 2-4 working days, and will send you a message by email to tell you when we have dispatched your order. You must ensure that someone is present to accept delivery.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know, and will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order, and we will give you a refund for any Goods you have paid for but not received.
Unfortunately, we currently do not ship worldwide.
Returns & Exchanges
Under the Information, Cancellation and Additional Charges Regulations 2013 (ICACRs), you have the right to cancel your order with us within 14 days without any reason, provided you give us written notice. Goods should be returned in their original condition and packaging, including our delivery slip, at your own risk and cost. They should be externally marked as ‘Return’.
For orders that meet the requirements to be cancelled under the ICACRs, we will issue you with a full refund, not including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
If you wish to make an exchange, you may return your order and purchase the new item separately on our Website. Please note that refunds on returned orders can take up to 10 working days to show on your account due to varying processing times between payment providers.
Sale items are not eligible for refund or exchange, unless the item in question is faulty. In the case the Goods are faulty, you must inform us by email as soon as possible, including all details of the order and defect.
Personal Information
We take our customers privacy seriously, and will only collect and use your personal information as outlined in our Privacy Policy.
Personal Responsibility
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of our Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Services, use of or access to said Services, including any information on the Website through which the Services are provided, without express written permission by us.
You may not transmit any worms, viruses or code of a destructive nature to this Website. A breach or violation of any of these terms will result in an immediate termination of our Services to you.
Indemnity
You agree to indemnify, defend and hold us 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 of Service, or your violation of any law or the rights of any other person.
Disclaimers
The material on this Website 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, complete, or timely sources of information. Any reliance on the material presented on this site is undertaken at your own risk. We reserve the right, at our sole discretion, to update, replace or make changes to our Website, the Content, or to any of the Goods, at any time and without prior notice. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website.
There may, on occasion, be information on our 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 is inaccurate, without prior notice.
All Goods and Services delivered to you are provided 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 we 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 Services or Goods procured using the Services, including but not limited to errors or omissions in Content posted, transmitted, or otherwise made available via our Services, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.
Miscellaneous
In the event that any provision of these Terms of Service 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 of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. In the event of a dispute arising out of, or in connection with, these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.
Definitions
In this agreement:
The terms “Kanyaka”, “we”, “us” and “our” refer to Kanyaka Ltd.
“You” means any natural person who, in connection with this agreement, is acting for purposes which are outside this business.
“Website” means the entire computing hardware and software installation that is or supports our Website.
“Goods” means any of the pieces we offer for sale on this Website.
“Content” means any material in any form published on this Website by us.