Introduction
This website(s) (Website/Websites) is owned and operated by Earthgazer Ltd t/a as Kisami (We/Us/Our/Kisami). The products and services available through this Website (collectively, the “Products” or “Services”), are subject to the following terms, conditions and notices in combination with any other rules posted on our Websites, including the terms of the Privacy Policy, Shipping Guide and Returns Policy (collectively, the “Terms of Use & Service” or “TOS”).
By using this Website and/or placing an Order, you agree to be bound by the TOS. We may from time to time modify the TOS, and will notify you by updating the TOS posted on our Website. Your continued usage of the Services will signify agreement to be bound by the modified TOS.
Use of the Website is provided on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We do not give warranties in respect of the Services, nor are we liable if the Website is unavailable at any time or for any period. From time to time we may restrict parts or all of this Website.
This Website may link to or refer to other websites (Linked Websites), which are not operated by Kisami. We have no control over Linked Websites nor accept responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Websites will be subject to the terms of use and service contained within each website.
Please see our Privacy Policy Statement regarding personal information provided by you. If you are under 18, you must notify your parent or guardian of the Privacy Policy Statement before you use this Website or it’s Services.
Ordering
You may place a request to purchase a Product advertised for sale on the Website (Order) by following the onscreen prompts displayed alongside the Product(s) you are interested in. You will have an opportunity to check and correct any input errors in your Order up until the point at which you submit your Order by clicking the “Submit Order” button on the Order review page (Order Form) and successfully provide your name, contact details, billing address, shipping address and payment details (Checkout).
All Orders placed by you are subject to acceptance by us. We may choose not to accept your Order for any reason.
After submitting an Order to us, you will be sent an Order acknowledgment email with your Order reference and details of the Products you have requested to purchase (Order Acknowledgement). Please note, this email is an acknowledgement and is not an acceptance of your Order. You may also receive a payment acknowledgment email from Paypal, depending on what payment details you supplied. You will not be charged for Products, until your Order has been confirmed, and Products are ready for dispatch.
If your Order includes Products which are not available from stock, we will contact you by email or phone to ask how you wish to proceed. You will have the option to wait until the Products are available from Stock, or cancel your Order.
Acceptance of your Order and the formation of a contract between us will take place when we send you an email confirming that the products you have Ordered are being dispatched to you (Order Confirmation), unless we have notified you that we do not accept your Order or you have already cancelled it in accordance with the provisions below.
Price & Payment
The prices of Products advertised for sale on the Website are as set out on the Website. All prices are in pounds (£) sterling, inclusive of VAT, but exclude delivery charges. Delivery charges, where applicable, are clearly displayed when you Checkout. Delivery charges will be automatically calculated and added to your Order at Checkout. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
Prices may change at any time prior to (but not after) acceptance of your Order.
We cannot accept your Order until you have paid for it in full.
Payment can be made by PayPal, Visa, Electron, MasterCard, Delta and Maestro Credit/Debit cards. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
We will also carry out a standard pre-authorisation check on your payment card to ensure sufficient funds to fulfil the transaction. Items will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the Order has been accepted.
If the issuer of your payment card refuses to authorise payments, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Websites and Services as secure as possible. All payment card transactions on this site are processed using PayPal.
Please note, refunds can only be made to the credit/debit card used in payment. In the event this is not possible, a Gift Voucher to the value of the payment will be issued. Please see the Returns Policy for more information.
In the unlikely event that the price of a Product has been incorrectly advertised on the Website, we will contact you by email to ask whether you wish to proceed with the Order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the Order. Unless we have already confirmed despatch of your Order, we will not be obliged to supply Products at the incorrect price.
Gift Vouchers
Gift vouchers/cards, store vouchers and shopping sprees (Gift Vouchers) may be purchased in standard or custom denominations of pounds (£) sterling, and can be used in full or part payment for any Products advertised for sale on the Website and for any applicable delivery charges, with the exclusion of the use for purchase of new Gift Vouchers.
When used in full payment for Orders that are of a lesser total value than the Gift Voucher, the remaining balance will be credited in the form of a replacement Gift Voucher to the value of the remaining balance.
The Gift Voucher is redeemed solely by entering the unique code (Gift Voucher Code) at the time of Checkout, into the Discounts field.
You will receive your Gift Voucher Code from the Kisami Helpdesk within 48 hours of purchasing the Gift Voucher from the Website. The Gift Voucher expires 12 months from the day after receipt of the Gift Voucher Code.
As per our Returns Policy, you may cancel the Gift Voucher within 7 days of receipt of the Gift Voucher Code, for a full refund, provided the Gift Voucher Code has not been used.
Contact & Customer Services
If at any time you need help or assistance, or have an issue relating to the TOS, please feel free to contact us in any of the following ways:
- by the Contact Centre
- by telephone: 01536 275 885 (9am – 5pm, Monday to Friday)
Description of Products
Each Product purchased is sold subject to its product description which sets out additional specific conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees (Product Descriptions).
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an Order. We cannot confirm the price of a Product until your Order is accepted in accordance with our terms.
Warranty
On our Website you will find only the finest products from the finest designers. When sourcing our Products, we ensure each Product is genuine, and originates from a true brand. Everything we offer is chosen to live up to this standard. All Products are throroughly inspected prior to despatch and are fully guaranteed against defect and faulty workmanship.
If any Product you purchase is damaged or faulty when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights and with our Returns Policy. If you believe a product is faulty, please see the Returns Policy for more information.
Manufacturers’ warranties, if any, shall pass through to buyer to the extent permitted by law. The foregoing warranty, if any, is exclusive and no other warranties of any kind shall apply including any statutory, oral, written, express or implied, and any implied warranty of merchantability or fitness for a particular purpose.
Terms of Use
We cannot guarantee that the Website and/or Services will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or any computer system, server, router or any other internet-connected device.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website and is compatible with the Website. You also understand that we cannot and do not guarantee or warrant that any content of the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
Intellectual Property Rights
You may only use this Website to make legitimate purchases. You are prohibited from posting or transmitting any unlawful, defamatory, obscene material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us (Kisami) or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to place an Order) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Accuracy of Information
We will use reasonable endeavours to ensure that information on the Website is accurate, but commentary and other material posted on the Website are not intended to amount to advice on which reliance should be placed. Except to the extent that the TOS apply, we make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.
If you find any inaccurate information on the Website please let us know and we will endeavour to correct it, where we agree, as soon as reasonably practicable.
Links to Other Websites
We may provide hyperlinks from this Website to other internet sites which are operated by other organisations. We are not responsible for external websites that link to this Website or which are linked from it. That we include these hyperlinks does not imply any endorsement of the material on such sites or any association with their operators.
We reserve the right, at our discretion, to prohibit any link from another internet site to materials or information on this Website. Without prejudice to that right, if you wish to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of our logo;
- you do not create a frame or any other browser or border environment around the Website;
- you do not in any way imply that we endorse any products or services other than our own;
- you do not misrepresent your relationship with us nor present any other false or misleading information about us;
- you do not otherwise use any of the trade marks displayed on the Website without our express written permission;
- you do not link from a website that is not owned by you; and
- any website from which you link to the Website does not contain any content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Security
We understand that you may have concerns about security on the internet. The Website uses secure sockets layer (SSL) technology in our Checkout process to protect your personal information.
We recommend that you do not communicate your payment debit/credit card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
Our Liability
By accessing the Website you agree that we will not be liable for any direct, indirect, or consequential loss arising from the use of the Products or Services of this Website or any websites linked to this Website. We accept no liability and offer no warranties or conditions in relation to this Website or its content, to the fullest extent such liability can be excluded by law.
We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
You are responsible for the use made of the Products you purchase.
To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, revenue, contracts, goodwill, opportunity and other similar losses), for reasons including, but not limited to, the use made of Products you purchase, for the Services provided or for the inability to use the Website or information on the Website.
Nothing in our TOS affects your statutory legal rights.
Variation
We reserve the right in our absolute discretion at any time and without notice to amend, remove or vary the Services and/or any part of the Website.
Waiver
No waiver, nor decision to not take action, will be construed as a waiver of any proceeding or succeeding breach of any provision set forth.
You may not assign or transfer your rights under these TOS.
If any part of the TOS is found to be unenforceable as a matter of law, all other parts of the TOS shall be unaffected and shall remain in force.
Jurisdiction & Applicable Law
The English courts will have exclusive jurisdiction over any claim arising from or related to the TOS, and to the Services provided. The TOS is governed by English Law.
Earthgazer Ltd t/a Kisami
Earthgazer Ltd is Registered in England and Wales
- Company Number: 3960767
- Registered Address: Darwin House, Corbygate Business Park, Corby, Northants, NN17 5JG
- Group VAT Number: GB 927 4168 08
Last Updated
These terms were last updated on 1st November 2010.