1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Nkuku Limited a company registered in England and Wales. 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.
2.2 How to contact us. You can contact us using our online form.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order. We cannot be held responsible if the details that you have provided to us are incorrect.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order if you are purchasing our product online or over the telephone. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 How we will accept your order if you are purchasing our product in-store. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, inability to obtain authorisation for payment, because we have identified an error in the price or description of the product, the item has been withdrawn or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website and/or our promotional literature are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade and sourced from natural or recycled sources all sizes, weights, capacities, dimensions and measurements indicated on our website may have a slight variation, which adds to the products individual character and beauty.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website, or as told to you during the order process if you are purchasing the product in-store.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. Please note that we do not deliver to PO box numbers, hotels and accommodation addresses.
We will aim to deliver the products to you within two working days (excluding furniture, please see (b) below) and in any event within 30 days after the day on which we accept your order.
If the products are furniture. The estimated completion and /or delivery date will be advised to you during the order process.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
6.6 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
6.7 When you own goods. You own a product which is goods once we have received payment in full.
6.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, including without limitation, the following: furniture dimensions, orientation, colour, fabric, finish. If so, this will have been stated in the description of the products in store or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7. YOUR RIGHTS TO END THE CONTRACT IF PURCHASING ONLINE OR OVER THE TELEPHONE OR ORDERING BESPOKE ITEMS IN STORE
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11.
If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2.
If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (1) to (4) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
3. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four months.
4. you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or over the telephone you have a legal right to change your mind within 14 days and receive a refund.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- Bespoke items such as furniture as these are made to your specification and clearly personalised;
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them, for instance earrings;
- any products which become mixed inseparably with other items after their delivery.
7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
If you have bought goods you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Please be aware that we will only offer a refund on: earrings, bespoke products, and items purchased at a discount if they are faulty. If they are not faulty then we are unable to offer a refund.
8. YOUR RIGHTS TO END THE CONTRACT IF PURCHASING IN-STORE ONLY
8.1 Returning products bought in store and collected immediately. If you have changed your mind about your product and it was purchased at full price in store, we will only offer a full refund , provided the product is returned to the store by you within 14 days of purchase. If you return the product in person to the store within 28 days we will offer you an exchange. Please ensure that you have a valid receipt with you and that the labels are still attached to the product. Failure to do so may result in a rejection of a refund or exchange.
8.2 If the item is faulty then you will have 30 days in which to return the product and receive a refund. If you return the product outside of this time frame then you reserve the right to have the products repaired or replaced. If this is not possible then you will have a right to a price reduction or a final rejection. Please see a ‘summary of your key legal rights’ at clause 11. For the sake of clarity, if you wish to return an item which was purchased in store you must return it in person. We do not accept any such returns by post.
8.3 Returning products bought in store and collected immediately that are discounted or bought in a sale. If you purchase an item that is on sale or discounted and you later change your mind then we are unable to offer a refund or replacement of the product. If however, the product was faulty then clause 8.2 will apply.
9. HOW TO END THE CONTRACT WITH US WHERE ORDERS ARE PLACED ONLINE, OVER THE PHONE OR IN-STORE
9.1 Tell us you want to end the contract. To end the contract with us please call our customer service team on 0333 240 0155 or view our Contact Us Page. Please provide your name, home address, details of the order and, where available, your phone number and email address. Email address is essential for all orders placed online.
9.2 Returning products after ending the contract. Please refer to our website for information on how to return products. We kindly request that you ensure that any returned products are well protected and packed for posting. We suggest you get a certificate of postage and allow up to 10 working days for your item to be processed.
9.3 When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or mis-described;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances you must pay the costs of return.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) 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.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 2-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:your refund will be made within 14 days either from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not, within a reasonable time, allow us to deliver the products to your address or collect them from us;
- you do not, within a reasonable time, allow us access to your premises to supply the services; and
- do not pay any sums due.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0333 240 0155, visit our Contact Us Page or write to us at Lower Tweed Mill, Shinners Bridge, Dartington, Totnes, Devon, TQ9 6JB . Alternatively, please speak to one of our staff in-store.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture , the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call our customer service team on 0333 240 0155 or visit our Contact Us Page for a return label or to arrange collection.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes VAT for orders delivered within the UK) will be the price indicated on the order pages if ordering online, or the price indicated in the price list or on the price label, if ordering in-store or over the telephone when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT for orders delivered within the UK. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated , we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. Please see our website for current payment types accepted. Your transaction will be processed by Shopify Payments in a secure environment. Please note we are not responsible for a delay in dispatching your product if your card issuer delays your payment to us, for what ever reason. For goods, you must pay for the products before we dispatch them.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
WE WILL ONLY GIVE YOUR PERSONAL INFORMATION TO OTHER THIRD PARTIES WHERE THE LAW EITHER REQUIRES OR ALLOWS US TO DO SO, OR WHERE YOU HAVE SPECIFICALLY INDICATED THAT YOU ALLOW IT.
15. OTHER IMPORTANT TERMS
15.1 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.5 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. You can submit a complaint to CEDR (Centre for Effective Dispute Resolution) via their website at http://www.cedr.com/consumer cedr will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. in addition, please note that disputes may be submitted for online resolution to http://ec.europa.eu/odr