This page (together with the documents referred to in it) are the terms and conditions on which we supply any of the products (“Products”) listed on our website www.nkuku.com to you (hereafter referred to as the “Terms of Sale”). Please read these Terms of Sale carefully before ordering any Products from our site.
By ordering any of our Products from our site, you agree to be bound by these Terms of Sale.
We recommend that you save a copy of these Terms of Sale for future reference.
1 ABOUT US
1.1 We are Nkuku Limited, a company registered in England and Wales (hereafter referred to as “Nkuku”, “we”, “us” or “our”). Our company registration number is 04614918 and our registered office is at Lower Tweed Mill, Shinners Bridge, Dartington, Totnes, Devon, TQ9 6JB. Our registered VAT number is GB 380 8840 72.
1.2 We operate the website www.nkuku.com (“our site”).
2 CONTACTING US
2.1 If you need to contact us, you can contact our Customer Care team as follows:
Email: via our Enquiry Form
Phone: 03332 400 155
2.2 Our Customer Care team is available 9:00am - 5.30pm Monday to Friday.
3 CONTACTING YOU
3.1 From time to time we may need to contact you about your order. If we need to contact you, we will write to you and/or contact you by telephone using the contact details you provide when you place your order.
3.2 By ordering from us you agree to us using your personal information to contact you about your order.
3.3 It is your responsibility to provide us with correct contact details so we may contact you. We are not responsible for not being able to contact you about your order if you do not provide the correct contact details when placing your order.
3.4 Please refer to paragraphs 18 and 19 below for more information about Notices and Written Communication.
4 HOW THE CONTRACT BETWEEN YOU AND US IS FORMED
4.1 After placing an order on our site, you will receive an email from us to acknowledge receipt of your order (the “Order Confirmation Notification”). Please note that this does not mean that your order has been accepted.
4.2 All orders are subject to acceptance by us. Our acceptance of your order occurs when we send you an email confirming the Product has been dispatched (the “Dispatch Confirmation”).
4.3 The contract between you and us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
4.4 For orders of more than one Product, we reserve the right to accept only part of the order and to separate the order into different shipments.
4.5 By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are a ‘consumer’ (being an individual purchasing the Products); and
(c) you are at least 18 years old.
5 ABOUT OUR PRODUCTS
5.1 Many of our products are either handmade or hand finished and sourced from natural or recycled sources. Because of the nature of the craftsmanship of our Products there may be slight variations between any two of the same Products. Such variations may include, but are not limited to, variations in size, weight, textures, colours and shape.
5.2 The images of our Products on our site are for illustrative purposes only. While we work hard to ensure that the colours of our products are represented accurately on our site, the colours you see on our site on your computing device or smartphone (or however you view our site) may vary depending on the monitor (or other device) you use and your screen settings.
5.3 It is your responsibility to choose a product that is suitable for its intended use. This includes, but is not limited to, choosing a product that is the right size and that will fit where you intend to use it. If you would like help choosing a product, please do not hesitate to contact our Customer Care Team and they will be happy to discuss our Products with you.
6 FURNITURE & LARGER PRODUCTS
6.1 When ordering furniture and other larger items from our site please pay extra attention to the measurements of the Product(s) you intend to purchase to ensure it will fit where you intend to put it and that it is able to be delivered. For the avoidance of doubt, it is your responsibility to ensure that the Product or Products you order can be delivered to the delivery address provided.
6.2 Many of our larger products (such as furniture pieces) are made by hand and therefore the dimensions of the Products we supply may vary from those stated in the product description at the point of sale on our site. We endeavour (but do not undertake) to ensure that all product dimensions are within a 2% tolerance of the dimensions stated on the Product page.
6.3 To ensure that your product can be delivered to the delivery address, it is the customers responsibility to measure doorways and/or other entrance points applying a 5% tolerance to the dimensions stated in the product description on our site. If the Product is not able to be delivered to you successfully because, for example, it cannot fit through the main entrance to the property and/or the internal doors/openings, you will be responsible for the cost to return the product to us and/or the costs involved in taking further measures to attempt delivery such as dismantling the product pursuant to paragraph 10.
7 MADE TO ORDER PRODUCTS
7.1 We offer a collection of designs which are made to order (‘Made to Order Products’). Our Made to Order Products will be marked as such in the product description on the product page on our website.
7.2 The terms and conditions set out in this paragraph apply to our Made to Order Products only. For the avoidance of doubt, all other terms in this Terms of Sale document shall apply to Made to Order Products also and references to a ‘Product’ or ‘Products’ in this document include Made to Order Products unless otherwise stated. If there is a conflict of inconsistency between a provision in this paragraph 7 and the remainder of these Terms of Sale, the terms of this paragraph 7 will prevail in relation to Made to Order Products only.
7.3 Customers are invited to choose from a range of fabrics when choosing their Made to Order Product.
7.4 We request that you either order a sample of your chosen fabric or see the samples in our showroom prior to ordering a Made to Order Product to ensure you are happy with your choice of fabric. We make this request as, despite our best efforts to ensure accurate representations of our fabrics online, how you see the fabric on our site may vary pursuant to paragraph 5.2 above.
7.5 If you order more than one Made to Order Product in a single transaction, we endeavour (but do not undertake) to make all the Products in your order from the same batch of fabric to ensure minimal colour variations between the Products. However, we cannot guarantee that subsequent orders will be made from the same batch of fabric.
7.6 Because of the nature of the materials used, any finishes that are applied to the exterior of our Products by the customer may alter the final colour and feel of the fabric. Pursuant to Paragraph 8, we do not accept any responsibility for any such changes in colour.
7.7 Delivery times for Made to Order Products are longer than standard delivery times. Please refer to paragraph 10 and our Delivery Policy for more information.
7.8 If you would like to return a Made to Order Product to us, please note that you will be responsible for all costs incurred by us in returning the product to us (for example, courier charges). Please refer to paragraphs 14 and 15 below for more information. For the avoidance of doubt, if you need to return a Made to Order Product to us because it has a fault, you will not be liable for costs associated with its return.
8 CARING FOR OUR PRODUCTS
8.1 Please refer to the care instructions provided with your product for information on how to care for your product.
8.2 We do not accept liability for damage caused to Products where care of the Products contravenes the care instructions.
8.3 Please note that sunlight affects different materials (including but not limited to fabric and wood) in different ways, but sunlight, whether direct or indirect, will nevertheless always affect the colour of a Product’s material. This is especially true of fabrics. We do not accept liability for fading or discolouration of the materials used in our Products caused by exposure to direct or indirect sunlight.
8.4 Please also note that there are certain aerosol sprays (including but not limited to odour and nicotine neutralisers) which contain chemicals that can react with fabric dyes. We do not accept liability for fading or discolouration caused by exposure or contact with any chemicals sprayed directly or in the vicinity of our Products.
8.5 We recommend that you dry clean all removable covers from our Products unless the care instructions provided with your Product say otherwise.
8.6 For the avoidance of doubt, the terms in this paragraph apply to all Products, including Made to Order Products.
9 OUR RIGHT TO MAKE AMENDMENTS TO PRODUCTS
9.1 We reserve the right to make changes to our Products to reflect changes in relevant laws and regulatory requirements without serving notice of such changes (including if the Dispatch Confirmation has been issued by us).
9.2 We reserve the right to amend the design of our Products and packaging for any reason at any time and without serving prior notice. For the avoidance of doubt, if the design of a Product is changed after you place an order, you will be informed of such changes and given the option to cancel your order.
10.1 All the information you require in respect of the delivery of Products to you can viewed in our delivery policy here (our “Delivery Policy”).
10.2 You should read our Delivery Policy prior to placing your order for our Products.
10.3 While we work to ensure our Products are delivered to you in accordance with the timescales set out in our Delivery Policy, we cannot guarantee these timescales and will not be liable for any delay in meeting them.
10.4 The location of the delivery address may have an impact on the price and time of the delivery of the Products to you. To check the delivery time estimates and fees to your location, please refer to our Delivery Policy.
10.5 Pursuant to paragraph 6.3, you are responsible for ensuring that a Product is capable of being delivered and installed at the delivery address provided in your order. This includes larger and/or Made to Order Products.
10.6 We reserve the right to apply re-delivery charges if a Product (including Made to Order Products) cannot be delivered for any reason (including but not limited to someone not being available to sign for the order or because a Product cannot be delivered because of its size).
10.7 If we are required to enrol specialist help to deliver a Product, this will incur a separate fee. Please note such specialist help includes but is not limited to having to dismantle a Product or having to deliver the product through an entrance other than a front door such as a window.
10.8 If you are concerned about how a Product may be delivered to you, please contact our Customer Care Team.
11 RISK AND TITLE
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will only pass to you when we send you the Dispatch Confirmation and have received from you full payment of all sums due in respect of the Products, including delivery charges.
12 PRICE AND PAYMENT
12.1 The price of our Products will be as quoted on our site. These prices include (where applicable) VAT but exclude delivery costs, which will be added to the total amount due at the point of checkout.
12.2 Our prices are subject to change at our discretion with no prior notice.
12.3 In rare cases, the price quoted for a Product(s) displayed on our site or in our store may not be correct. We will aim to rectify any such error(s) as quickly as possible.
12.4 Prices are liable to change at any time, but such changes will not affect orders for which we have already sent you a Dispatch Confirmation.
12.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that:
12.5.1 where a Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Product to you; and
12.5.2 if a Product's correct price is higher than the price stated on our site, we will normally, and at our complete discretion, either contact you for further payment before dispatching the Product to you, or reject your order and notify you of such rejection.
12.6 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
12.7 If for any reason we are not able to accept your order, we will refund any money paid by you in respect of that order to the original payment method.
12.8 Payment for all Products must be by credit or debit card. We accept payment with Debit Card, Credit Card, PayPal or Clearpay.
12.9 By submitting an order to us through our website you represent and warrant that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full.
12.10 We are not responsible for any charges or other amounts applied by your card issuer, payment provider (such as PayPal or Clearpay) or bank as a result of our processing your payment in accordance with your order.
12.11 For card payments, all credit and debit cardholders may be subject to authorisation and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason, authorise or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.
12.12 By providing the relevant information to us, you specifically authorise us to transmit or to obtain information about you from relevant third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorisations for your payments for Product(s).
13 GIFT CARDS
13.1 A Gift Card is redeemable in full or part payment for our Products online or in our Nkuku Store. A gift card is not redeemable for cash and cannot be replaced if lost or stolen. A gift card must be redeemed within 24 months of the date of issue.
13.2 Gift Cards cannot be used to purchase our Products in third party stores.
13.3 If you would like to check the balance available on your Gift Card, please contact Customer Care.
14 YOUR RIGHT TO CANCEL THE CONTRACT
14.1 If you are contracting as a consumer (as ‘consumer’ is defined in paragraph 4.5(b) above), you have a right under the Consumer Protection (Distance Selling) Regulations 2000 (as amended) to cancel the Contract at any time within fourteen working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products (excluding the original initial delivery charges and/or any import duties and taxes which you have paid) in accordance with our returns policy at paragraph 15 below.
14.2 If you want to exercise your right under paragraph 14.1 to cancel a Contract, please return the Product(s), including any documentation and the original packaging to us immediately, in the same condition in which you received them, to the address communicated to you once you have completed the returns form at this link: https://www.nkuku.com/pages/returns.
14.3 Please note that you will be responsible for the costs of returning the Products to us (including, for the avoidance of doubt, the payment of any import duties and/or taxes) unless we delivered the items to you in error or the Products are faulty. If you do not return the Products as required, we may charge you a sum not exceeding the direct costs of recovering the Products.
14.4 You must take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may refuse to accept your cancellation under this paragraph 14 and have a right of action against you for compensation.
14.5 You will not have the right to cancel the Contract under this paragraph 14 if your Product is bespoke.
14.6 It is important for you to know that nothing in this paragraph 14 affects your rights as a consumer (as ‘consumer’ is defined at paragraph 4.5(b) above). As a consumer you have the benefit of certain warranties implied into the Contract. For example, the Sale of Goods Act 1979 (as amended) implies a term into the Contract that the Products must be of satisfactory quality and fit for purpose. Likewise, the Consumer Rights Act 2015 provides that you may return a product to us up to six months after the delivery if you discover a fault in the Product. Please refer to paragraph 15.2(b) below for more information in relation to returning Products to us which you consider are defective.
15 OUR RETURNS POLICY
15.1 For the avoidance of doubt, we only offer refunds in the circumstances set out in and in accordance with paragraphs 14 and 15.2, otherwise we will not offer any refunds. We are not able to exchange products.
15.2 To return a Product to us that has been ordered on our site, please follow the process set out on our website at this link: https://www.nkuku.com/pages/returns. It is important that you do not return a product to us without first completing the returns form as we require the form in order to process the return and correctly issue a refund (where applicable). Any order returned to us without first completing the returns form will likely experience delays in terms of processing any refund due.
15.3 Online orders may only be returned via our online returns portal here. For the avoidance of doubt, orders placed on our Site cannot be returned to our Nkuku store or concessions in third party stores.
15.4 When you return a Product to us:
(a) because you have cancelled the Contract between us in accordance with paragraph 14 above, we will refund the price of the Product in full (subject to paragraph 14.3) we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which we receive your returned Products; or
(b) because you claim that the Product is defective, we will examine the returned Product considering, among other points, whether and to what extent (if any) the Product has been worn or used and damaged. Subject to our agreement that a defect exists, you will be refunded in full. We will usually process the refund due to you as soon as possible and, in any case within 30 days of the day we confirmed to you that you were entitled to a refund for the defective Product. If you would prefer that the Product is replaced, we can arrange this for you subject to the Product being available. If you need to return a Product pursuant to this paragraph 15.4 (b), please ensure that you contact us to start the return in accordance with our returns policy and please note that we cannot refund you for costs incurred returning the item to us and therefore request that you use the pre-paid return label provided to you by us.
15.5 Save in exceptional circumstances, we will make refunds using the same method, and returning the price paid to the same card originally used by you to pay for your purchase. For the avoidance of doubt, where payment was made via a Gift Card, the return value of the product and delivery (where applicable) will be refunded to the original Gift Card.
16 OUR LIABILITY
16.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. // We offer for sale Products that are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
16.2 Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
16.3 Nothing in the Contract excludes or limits in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
16.4 We are not responsible for losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings; or
(e) loss of data
provided that this paragraph 16.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 16.1 or paragraph 16.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this paragraph 16.4.
16.5 For the avoidance of doubt, we will not reimburse you for tradesman costs associated with installing our products in any circumstances.
17 IMPORT DUTY
17.1 If you order Products from our site for delivery outside the UK, we endeavour to apply all taxes at the point of checkout however they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
18.1 All notices given by you to us must be given to Lower Tweed Mill, Shinners Bridge, Dartington, Totnes, Devon, TQ9 6JB for the attention of Customer Care, or by emailing us at firstname.lastname@example.org.
18.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in this Term of Sale document.
18.3 Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19 WRITTEN COMMUNICATIONS
19.1 We are required by law to send some of the information or communications we send to you in writing.
19.2 When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
20 TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21 EVENTS OUTSIDE OUR CONTROL
21.1 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 events outside our reasonable control (a “Force Majeure Event”).
21.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and/or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
21.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for a period of 60 days after the Force Majure Event ends. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
22.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 19 xx above.
If any of these Terms of Sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24 ENTIRE AGREEMENT
24.1 These Terms of Sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms of Sale.
24.3 We intend to rely upon these Terms of Sale and any document expressly referred to in them in relation to the subject matter of any Contract.
25 LAW AND JURISDICTION
25.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
26.1 If any part, term or provision of these Terms of Sale is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Terms of Sale did not contain the particular part, term or provisions held to be illegal or invalid.
27 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
27.1 We have the right to revise and amend these Terms of Sale from time to time. You will be subject to the policies and Terms of Sale in force at the time that you order Products from us, unless any change to those policies or these Terms of Sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms of Sale before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms of Sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).