Terms & Conditions

DEFINITIONS AND INTERPRETATION
In these Conditions the following words have the following meanings:

"Company" means Emotiv Principles, trading as Kalila Blue, a subsidiary of Motov8 (Registered Charity No.1105012, Company No. 05164772 whose registered office is at Appletree Cottage, Napleton Lane, Kempsey, WORCESTER, WORCESTERSHIRE, WR5 3PX

"Contract" means any contract between the Company and the Customer for the sale of Goods and/or provision of Services, incorporating these Conditions;

"Customer" means the person(s), firm or company who purchases the Goods and/or Services from the Company;

"Goods" means any goods agreed in the Contract to be supplied to the Customer by the Company (including any part or parts of them);

"Replaced Goods" means any Customer owned Goods that are intended to be replaced by the Goods supplied by the Company;

"Services" means any Services agreed in the Contract to be provided to the Customer by the Company:

PLACING AN ORDER
Before you place an order you will have read and accepted our Terms & Conditions.

You must be 18 years of age or older and lawfully capable of entering into and forming a valid contract under English law.

You will be asked to provide Kalila Blue with your name, address, contact number and email. All information provided will be treated in accordance with the Data Protection Act 1998. These measures are taken as extra protection for you, to ensure your online shopping experience with us is as safe and secure as possible.

Your payment details are not stored by Kalila Blue as all transactions conducted on our website are carried out securely by PayPal.

Prices displayed include UK VAT, there will be a VAT breakdown included on your order. Delivery charges are not included and will be displayed as a separate line at checkout.

You will be provided with an opportunity to review your order before payment confirmation. Please also use this opportunity to check your details for any input errors.

By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the check-out process.

An email will be sent to your email address to confirm your order. This email does not constitute an acceptance of your order, only a confirmation that Kalila Blue has received it.

After receiving your order, we will check that the relevant goods are in stock. The contract between you and Kalila Blue will only be concluded when we email you to confirm that your order is dispatched/or will be dispatched.

You have the option to cancel your order by contacting us before you receive your confirmation dispatch email. Once your order has been dispatched you then need to refer to our cancellations, refunds & exchanges procedures below.

Please contact us before you order if you are ordering outside the UK. Any orders placed outside the UK without our prior knowledge will not be dispatched.

PAYMENT
Currently we can only accept PayPal payments online.

Bacs & cheques will be accepted, you will need to contact us before you place your order by email to (customerservices@kalilablue.co.uk). For payment by cheques, please note that until the chq has cleared your items will not be dispatched.

All transactions are dealt with confidentially; Kalila Blue will ensure that all delicate payment information is secured. We believe strongly in protecting user privacy. However, you by accepting these terms and conditions accept that Kalila Blue will not be held liable for breach of such information to the extent that the law will allow.

All goods remain the property of Kalila Blue until paid for in full.

Kalila Blue reserves the right prior to acceptance of any offer to withdraw or amend its price lists without notice from time to time.

DELIVERY
We aim to process all orders as promptly as possible and normally within 2-3 working days. You should allow 3-5 working days for standard delivery (Royal Mail) once we have notified you that your order has been dispatched.

Delivery will be by Royal Mail; therefore such delivery times are out of the control of Kalila Blue. Kalila Blue accepts no liability for the delay or loss within postal services. Kalila Blue does however accept its responsibility to provide such products as paid for. As such all postal losses or delays will be dealt with no sooner than 14 working days from dispatch at which point a further investigation will be launched with the potential resolution that the customer will be offered a re-dispatch or a full refund.

Kalila Blue are not responsible for orders with incorrect or missing information input by customers should they not reach you. Therefore, please ensure that your shipping address details are correct, as they are used exactly as inputted by yourself when submitting you order.

Should you receive any items that you did not order or something is missing please contact us no later than 7 working days of your dispatch date. customerservices@kalilablue.co.uk

Delivery costs October 2013:

  • UK - FREE for orders over £75 – (ONLY for standard delivery to UK Mainland excluding Highlands and Islands). Please note that if you require ‘Next Day Delivery’ there will be an additional cost.
  • UK - £3.25 for orders under £75
  • Next Day/Special Delivery – £6.95


CANCELLATIONS, REFUNDS & EXCHANGES
By law, customers are entitled to cancel their order within 7 working days of delivery; an unwanted order may be returned for a refund or exchanged, provided it is returned in its original condition and unused. For hygiene reasons, earrings can only be refunded if they are faulty.

For all returns, except where the item is faulty or dispatched by us in error, you will be required to arrange and pay for the return of the product to us. We strongly recommend obtaining proof of posting as well as adequate insurance in these circumstances as we cannot accept liability for any packages lost or damaged in transit.

Kalila Blue reserves the right to refuse all exchanges, returns, cancellations made after 30 days. However, in some instances we may use our discretion.

All items received by Kalila Blue will be processed within 20 days. Postage costs are only refunded to you by Kalila Blue when either an error has occurred of which we accept responsibility or the product is faulty.

You can email us at customerservices@kalilablue.co.uk - please can you quote:-

  • Your order reference number (please refer to your order confirmation e-mail);
  • The items you are returning or cancelling;
  • Reasons for return;
  • If you would like a replacement or refund


DISCLAIMER & LIABILITY
These Terms & Conditions set out the full extent of Kalila Blues obligations and liabilities in respect of the Sale of the goods. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on Kalila Blue than the ones mentioned in these terms & conditions. In particular, Kalila Blue will not be responsible for ensuring that the Products are suitable for your purposes.

Kalila Blue reserves the right to change, modify, substitute or remove without notice any information on the site from time to time.

Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.

Kalila Blue take all care to ensure that all descriptions and illustrations of the goods on the site are accurate but there may be slight variations due to print, publishing, and manufacturing limitations. The images you see will depend on your monitor’s display capabilities. Kalila Blue is therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Before you place an order you should read our delivery & returns information.

Accessing the website is entirely at your own risk. We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. We will endeavor to allow uninterrupted access to the site but access may be suspended, restricted or terminated at any time.

We do not exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with Your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).

The laws of England and Wales govern these terms and conditions. By accessing this website for any reason whether to purchase available products/ services or not you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms and conditions are deemed invalid or unforceable for any reason, then the invalid or unforceable provision will be severed from these terms and conditions and the remaining terms will continue to apply. Failure of the company to enforce any of the provisions set out in these terms and conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. These terms and conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the company.

Kalila Blue reserves the right to change these conditions from time to time as it sees fit and your continued use of this website will signify your acceptance of any adjustment to these terms.

Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any act of god, terrorism, war, political insurgence, industrial action, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.

These terms and conditions form part of the agreement between you the client and Kalila Blue. Your accessing of this website indicates your understanding, agreement to and acceptance of this disclaimer notice and the full terms and conditions contained herein. Your statutory rights are unaffected.

COPYRIGHT
Kalila Blue is Trade Mark Protected & Registered. Reproduction is prohibited other than in accordance with the copyright notice. All unauthorised use or reproduction of any materials published on Kalila Blue website may give rise to a claim for damages and/or be a criminal offence.

Kalila Blue has obtained copyright and other intellectual property rights prior to use.


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