Terms and Conditions

Introduction

This page (together with our Privacy and Cookies Policy and Website Terms of Use) tells you information about us and the legal terms and conditions (the “Terms”) on which we sell the goods listed on our Website to you.

These Terms were most recently updated on 23 May 2015.

  1. interpretation
    1. When the following words with capital letters are used in this Agreement, this is what they mean:
      “Contract” means the agreement entered into between you and us for the sale and purchase of the Goods in accordance with these Terms
      “Delivery Location” means the location where the Goods are to be supplied as set out in the Order
      Goods” means the goods set out in the Order
      “Order” means your order for the Goods submitted via our Website
      “Privacy and Cookies Policy” means the terms on which we set out how we will deal with confidential information and personal data received from you via the Website which can be found at http://www.kozangian.com/privacy-policy
      “we”, “us” or “our” means Kozangian Limited a company registered in England and Wales with company number 08782604 whose registered office is at C/O Frixou & Co, 71 Goldhawk Road, Shepherds Bush, London W12 8EG
      “Website” means http://www.kozangian.com/
      “Website Terms of Use” means the terms governing your use of our Website which can be found at http://www.kozangian.com/website-terms-of-use
      “you” or “your” means the person who is entering into the Contract with us for the sale and purchase of goods.
  2. applicability of terms
    1. These Terms will apply to any Contract made between you and us for the sale of Goods to you. Please read these Terms carefully and make sure that you understand them, before ordering any goods from our Website. Please note that before placing an Order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any goods from our Website. If you are not sure about a particular clause or would like further clarification, please contact us on 020 7225 3264 or by email at [email protected].
    2. We amend these Terms from time to time as set out in clause 7. Every time you wish to order goods from our Website, please check these Terms and ensure you understand the terms which will apply at the time. These Terms, and any Contract between us, are only in the English language.
    3. You may only purchase goods from our Website if you are at least 18 years old.
  3. Information about us
    1. We operate the Website and our main trading address is 71 Goldhawk Road, Shepherds Bush, London W12 8EG. Our email address is [email protected] and our telephone number is 020 7225 3264.
  4. Goods
    1. The description and images of the products (including the Goods) we supply are set out on the Website and in catalogues, brochures or other forms of advertisement. The images of our products (including the Goods) on the Website and in catalogues, brochures or other forms of advertisement are for illustrative purposes only. Although we have made every effort to display the colours accurately on our Website and in catalogues and brochures we cannot guarantee that the colours accurately reflect the colours of the Goods. Your Goods may vary slightly from those images.
    2. If any of the Goods are made to your special requirements it is your responsibility to ensure that any information or specification provided to us is accurate.
    3. The packaging of the Goods may vary from that shown on images on our Website.
  5. how we use your Personal information and cookies
    1. We only use your personal information in accordance with our Privacy and Cookies Policy.
    2. We only use cookies in accordance with our Privacy and Cookies Policy.
    3. Please take the time to read our Privacy and Cookies Policy as it includes important terms which apply to you.
  6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
    1. The order process is set out on the Website. Our shopping pages will guide you through the steps you need to take to place an Order with us. Our order process allows you to check and amend any errors before submitting your Order. Please take the time to read and check your Order at each page of the order process.
    2. After you place an Order, you will receive an e-mail from us acknowledging that we have received your Order (“Order Confirmation”). You must ensure that the Order Confirmation is complete and accurate and you must inform us immediately of any errors. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 6.3.
    3. We will confirm our acceptance of your Order to you by sending you an e-mail (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
    4. If we are unable to supply you with the Goods (or any part of the Goods), for example because that item is not in stock or no longer available or because we cannot meet your requested delivery date we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
    5. We intend that these Terms will only apply to a Contract with you when you are acting outside your trade, business or profession. If this is not the case you must tell us so that we can provide you with appropriate terms and conditions.
  7. our right to vary these terms
    1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
    2. Every time you order goods from us, the Terms in force at the time of your Order will apply to the Contract between you and us.
    3. We may revise these Terms as they apply to your Order from time to time to reflect the changes in relevant laws and regulatory requirements.
    4. If we have to revise these Terms as they apply to your Order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
  8. your consumer right of return and refund
    1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods (or any part of the Goods), you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
    2. Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your Order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is the end of 14 days after the day on which you receive the Goods. For example, if we provide you with a Dispatch Confirmation on 1 January and you receive the Goods on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
    3. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form http://www.kozangian.com/returns-exchange on our Website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
    4. You can also e-mail us at [email protected] or contact us by telephone on 020 7225 3264 or by post to Kozangian Limited, 71 Goldhawk Road, Shepherds Bush, London W12 8EG to let us know that you have decided to cancel the Contract. If you are e-mailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
    5. If you cancel your Contract we will:
      1. refund you the price you paid for the Goods. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
      2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method);
      3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
        1. if you have received the Goods and we have not offered to collect them from you, 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return the Goods to us, see clause 8.8; or
        2. if you have not received the Goods or you have received the Goods and we have offered to collect the Goods from you, 14 days after you inform us of your decision to cancel the Contract.
    6. If you have returned the Goods to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Goods in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
    7. We will refund you on the credit card or debit card used by you to pay.
    8. If the Goods have been delivered to you before you decide to cancel your Contract:
      1. unless the Goods are faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Goods to us. If we have offered to collect the Goods from you, we will charge you the direct cost to us of collection;
      2. because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
  9. Price and Payment
    1. The prices of the Goods, the delivery charges and other charges will be as quoted on our Website at the time you submit your Order. We take all reasonable care to ensure that the prices of Goods, the delivery charges and other charges are correct at the time when the relevant information was entered onto the Website. However, please see clause 9.5 for what happens if we discover an error in the price of Good(s) you ordered.
    2. Prices for our goods may change from time to time, but changes will not affect any Order you have already placed.
    3. The price of the Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
    4. The price of the Goods does not include delivery charges (unless specified otherwise). Where applicable our delivery charges are as advised to you during the check-out process, before you confirm your Order.
    5. Our Website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on our Website may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the Order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
    6. You can pay for the Goods on our Website by using the online payment services provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) (“PayPal”). Your use of PayPal is subject to PayPal’s own terms and conditions and privacy policy which you must comply with. You will also be able to pay for the Goods using a debit card or credit card from the date the option to pay by debit or credit card is shown on our shopping pages when you submit your Order.
    7. Payment for the Goods and all applicable delivery charges is in advance.
  10. Delivery
    1. We will contact you with an estimated delivery date which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your Order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.
    2. Delivery of an Order shall be completed when we deliver the Goods to the Delivery Location and the Goods will be your responsibility from that time.
    3. You own the Goods once we have received payment in full, including all applicable delivery charges.
    4. If we miss the 30 day delivery deadline for any Goods then you may cancel your Order straight away if any of the following apply:
      1. we have refused to deliver the Goods;
      2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      3. you told us before we accepted your Order that delivery within the delivery deadline was essential.
    5. If we miss the 30 day delivery deadline for any Goods and you do not wish to cancel your Order straight away, or do not have the right to do so under clause 10.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
    6. If you do choose to cancel your Order for late delivery under clause 10.4 or clause 10.5 you can do so for just some of the Goods or all of them. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
    7. Unfortunately, we do not normally deliver to addresses outside the UK. However, if we accept an Order for delivery outside the UK, you will pay all delivery charges, import duties or other taxes, as we will not pay them.
    8. If no one is available at the Delivery Location to take delivery, we will leave you a note that the Goods have been returned to our premises, in which case, please contact us to rearrange delivery. We may charge you for the reasonable costs of storing and redelivering the Goods.
    9. The Goods will become your responsibility from the completion of delivery. You must, if reasonably practicable, examine the Goods before accepting them.
  11. Our liability
    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
    2. We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. We do not in any way exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. defective products under the Consumer Protection Act 1987.
  12. Events outside our control
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
    2. An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    4. You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
  13. Other important terms
    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on our Website if this happens.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. These Terms are governed by English law. This means a Contract for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
    7. We try to avoid any dispute, so we deal with complaints in the following way: in the event of a problem, you should contact us by phone or email. We will aim to respond within 48 hours.