GENERAL PUBLIC TERMS AND CONDITIONS OF SALE of KA-VIVA JEWELS LTD. *
Below please find details of our terms and conditions for both personal** shoppers and trade*** customers as defined below:
**Personal shopping accounts are defined as those customers who wish to purchase Ka-viva Jewels Ltd products for gifts or personal use.
***Trade accounts are defined as those customers who have a recognised trading forum for the resale of Ka-viva Jewels products, which they have purchased directly from Ka-viva Jewels.
Personal Shopping Account Terms and Conditions
This is the Ka-viva Jewels website (“website”) and the company is registered in England (Company Number 10684623) with a registered office of 31A Walker Avenue, Wolverton, Milton Keynes, MK12 5TW (“we”, “us”). This company is a wholly owned subsidiary of Heritage of India Ltd.
By purchasing any products (the “product”) and by using this website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions. Your statutory rights are not affected.
Purchase of Products
The placing of a product on our website is an invitation to accept offers for such product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).
We will acknowledge by e-mail your order for a product at the time you place your order. We will then notify you within 2 days of such e-mail whether we have accepted your order. At the same time if we have accepted your order we will notify you of delivery dates.
In the event a product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the product at the correct price or cancelling your order. If you confirm you want the product at the corrected price we will deliver the product to you. If payment has been charged for the purchase and you cancel your order we will, on return of the product (if the product has been sent out) immediately issue a refund. Any order (whether or not accepted) is subject to availability of the product. If the product becomes unavailable prior to delivery we will notify you and give you the choice of refund or of purchasing an alternative product.
Cancellation of contract by you
You may cancel the contract at any time up to and including the fourteenth working day after the day on which the goods are delivered to you by notifying us by e-mail or post at the company address set out at the beginning of these Terms and Conditions. If you cancel the contract you must return the goods to us at the address set out at the beginning of these Terms and Conditions at your own cost and risk. If you cancel the contract and then you receive the goods you must not unpack them from their packaging but must immediately send them back to us.
In any event, you must return the goods to us within 17 days of receiving them. If you do not return the goods to us within 17 days we will contact you. If we have to collect them from you we will deduct any costs we incur in recovering the goods from your payment to us prior to re-crediting your charge card.
Provided that we receive the goods in the condition they were in when delivered to you then we will re-credit your charge card with the amount debited for your order for the goods in question as soon as possible and, in any event, within 30 days of your cancelling the contract.
Until you return the goods to us you must keep them in your possession and take reasonable care of them.
If the products delivered are defective, not what you ordered, or damaged on delivery please notify us straight away and return them to us using Recorded Delivery. You should keep a proof of posting. Full postal costs will be refunded.
We will repair, replace or refund you for the price paid for any products, which are found to be incorrect or damaged on delivery for a period of one year after delivery. If you opt to exchange the products, any additional payments must be included with the returned products. Replacement products will not be despatched until such payment has been received.
Risk in the products passes to you when the products are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the products after risk passes.
Prices and Payment
The prices for the products and delivery are as set out on the website. Payments must be made by credit or debit card and we shall not despatch any products until we receive confirmation of payment.
Your payment will be processed by a secure connection at the time you place your order on the relevant section of the website.
We will inform you as soon as we can if we are unable to deliver the products within 30 days of your order and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery.
You are solely responsible for the photos, text, materials and other content that you upload (hereinafter, “post”) on the website (collectively “User Content”). You may not post User Content on the website that you did not create or that you do not have permission to post. You are prohibited from posting to the website any User Content that is offensive, illegal, pornographic, discriminatory or which is technically harmful or infringes or may infringe the rights of any third party.
You understand and agree that we may, but are not obligated to, review the website and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, or that in our sole judgement may be offensive, illegal or technically harmful or that infringes or may infringe the rights of any third party.
You agree that we may copy, disclose, distribute, or otherwise use any User Content posted on the website for any purpose. You may request that we remove your User Content at any time by contacting us via the Contact Details.
You agree to indemnify and keep indemnified us from and against any losses, costs, expenses and damages incurred by us in respect of any claim that the User Content infringes the copyright and/or intellectual property rights of a third party.
Limitation of our Liability
Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this website it is provided on an “as is” basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this website. Further, no warranty is given that the website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
Access to and use of this website is at your own risk. We do not warrant that the use of this website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the website.
In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase made from the website, our entire liability shall be limited, to the extent that the cause of action relates to the items purchased on our website to (at your option):
• repairing or supplying the products again; and
• refunding the amount paid by you in respect of the products purchased.
Our aggregate liability in respect of all causes of action arising out of or in connection with the products purchased on our website or in connection with your use of the website (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the value of the products delivered to you under these Terms and Conditions.
We shall not be liable to you for any loss of profit; loss of anticipated revenue (whether direct or indirect loss); or any consequential or indirect loss.
Notwithstanding anything in these Terms and Conditions we do not exclude liability for:
• personal injury and death caused by our negligence;
• fraud; or
• any liability under the Consumer Protection Act 1987.
Except for any warranties expressly set out in these terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.
Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.
We are very proud of our high standards of customer service, however, in the event that we fail in meeting these standards, please do not hesitate to e-mail us at [email protected] Our aim will always be to deal with your complaint as soon as possible and make every effort to reach a satisfactory conclusion on your behalf in order to retain your valued custom.
All website, design, text and graphics belong to us. All copyright, trade marks and other intellectual property belong to us.
You are not permitted to use the website in any way that may infringe the intellectual property rights contained in the website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the website including but not limited to any trade marks or copyrighted material without our express permission.
These Terms and Conditions represent the entire understanding relating to the use of the website and supersede all other statements, representations or warranties (whether written, made by e-mail or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.
If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court, it will be severed from the rest of these Terms and Conditions which shall remain unaffected.
Third Party Rights
A person who is not a party to this contract is entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this website shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Certain provisions contained in these Terms and Conditions may be disallowed by the laws of the country from which you are accessing the website. If any provision is unenforceable or invalid then the provisions of paragraph 11 shall apply.
Susanta Banerjee & Ritu Sharma
Tel: 0800 0726041
E-mail: [email protected]
Please Note: Terms and conditions may vary and be changed without notice
Trade Buyer Account Terms and Conditions
Trade buyer accounts are defined as those customers who have a recognised trading forum for the resale of Ka-viva Jewels products, which they have purchased directly from Ka-viva Jewels.
The Supplier shall not be bound by any terms set out in the Buyer’s Order nor shall the Supplier be bound by any variation, waiver of or addition to these conditions except as agreed in writing. In the case of any conflict between these conditions and those of the Buyer, these conditions will prevail. The Buyer’s acceptance of any items supplied by the Supplier shall be deemed to be an acceptance of these conditions.
The risk in the goods listed overleaf (“the goods”) shall pass to the Buyer on delivery.
Notwithstanding delivery and passing of risk, the property in the goods shall remain with the Supplier until the Buyer has paid all monies owned by it to the Supplier under this or any other contract or otherwise.
Until payment is made, the Buyer shall possess all goods of the Supplier on a fiduciary basis only.
The Buyer has the right to sell for the account of the Supplier any goods in the possession of the Buyer owned by the Supplier and the Buyer shall be under a fiduciary duty to account to the Supplier for the proceeds of sale thereof to the extent that any monies are owned by the Buyer to the Supplier.
In the event of any default in payment by the Buyer, the Supplier or its Representative shall have the right at any reasonable time on giving reasonable notice to enter upon the Buyer’s premises and re-take possession of the goods and the Buyer shall permit such entry and re-possession.
Nothing herein shall give the Buyer the right to return the goods to the Supplier.
Although the Supplier will endeavour to meet delivery dates, such dates are intended as estimates only and are not of the essence of the contract.
The Supplier does not sell the goods subject to any warranty, condition or stipulation, either express or implied, and any such warranty or condition either express or implied by Common Law or by Statute is hereby expressly excluded.
The Supplier shall be entitled to deliver part only of the Buyer’s order for Goods.
The Supplier shall be entitled to substitute equivalent items for parts of the Buyer’s order for Goods which are not available at the date of delivery.
* HEREINAFTER CALL “THE SUPPLIER”
Without prejudice to any other rights it may have, the Supplier is entitled to charge interest at 5% above the then Current Base Rate of Barclay’s Bank plc on overdue payments of the price of the Goods or the price of any instalments thereof, such interest to run from the due date for payment until payment in full is received, whether before or after judgement.
Goods returned for repair must be accompanied by a copy of the original invoice, or must quote the original invoice number and date of purchase.
Goods returned must be in the original packaging and in a clean condition capable of resale. Goods returned will be at the Supplier’s sole discretion, refused or a further re-stocking fee will be charged to cover the additional costs involved.
The Buyer shall be responsible for providing the necessary insurance cover for loss of or damage to returned Goods in transit.
Nothing herein shall impose any liability upon the Supplier in respect of any defect in the Goods or Services arising out of the acts, omissions, negligence or default of the Buyer its servants or agents including in particular but without prejudice to the generality of the foregoing any failure by the Buyer to comply with any recommendations of the Supplier as to storage and handling of the Goods.
The Supplier reserves the right to cancel, vary or suspend the operation of any relevant contract of sale if events occur which are beyond reasonable control of the Supplier including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock-outs, riot, hostilities, and non-availability of materials or supplies and the Supplier shall not be held liable for any breach of contract resulting from such event.
I. The Supplier may at its discretion (without prejudice to any other rights or claim) withhold or cancel further or any deliveries of Goods or performance of Services under any relevant contract of sale and may recover all losses resulting therefrom if:
(a) the Buyer is in breach of any of the terms and conditions contained herein (notwithstanding that on a former occasion or occasions the Supplier has waived its right to cancel any contract on account of such breach);
(b) without prejudice to the generality of (a) above), the Buyer fails to make payment on the due date under any contract with the Supplier:
(c) any distress or execution shall be levied on the Buyer’s property or assets or if the Buyer shall make or offer to make any arrangements or composition with this creditors, or commit any act of bankruptcy or
if any bankruptcy petition be presented against him or (if the Buyer is a Company) if any Resolution or Petition to wind up such a company shall be passed or presented or if a receiver or administrative receiver or administrator of the whole or any part of such company’s undertaking, property or assets shall be appointed.
II. The Buyer shall not be entitled to cancel any order for Goods or Services except with the prior written agreement of the Supplier and upon payment to the Supplier of such amount as may be necessary to indemnify the Supplier against all loss resulting from such cancellation.
16. If no written notice is received by the Supplier within 7 days of the date of delivery of the Goods to the Buyer, the Goods shall be deemed to have been accepted by the Buyer as being in good order, without shortages and in conformity with the contract. No claims will be accepted thereafter.
These conditions shall form the basis of the contract between the Supplier and the Buyer and shall be deemed to have taken place in London and be the subject of English Law in the event of any interpretation of the Terms of the Contract and shall prevail over any conditions or terms of trading of the Buyer.