Terms and Conditions
KIKI McDONOUGH
TERMS AND CONDITIONS
FOR THE SUPPLY OF GOODS THROUGH THE WEBSITE
You are connected to the User Agreement for Kiki McDonough Limited of 12 Symons Street, London SW3 2TJ. This service is operated by Kiki McDonough Limited and Kiki.co.uk. References in this Agreement to “we”, “us” or “our” mean Kiki McDonough Limited and/or Kiki.co.uk. Reference to “you” and/or “your” mean the purchaser buying the goods from us subject to these Terms and Conditions.
1. The Contract between you and us
We must receive payment in full for the price of goods that you order prior to our acceptance of your order. Once payment in full has been received by us we shall acknowledge receipt of your order by sending you an email to the email address that you provided in your order form. This does not constitute our acceptance of your order. Our acceptance of your order takes place when we despatch the goods ordered unless we have previously notified you that we do not accept your order or you have cancelled your order in accordance with clause 3 below. Our acceptance of your order brings into existence a legally binding contract between us. We do not accept orders from persons under the age of 18 or from persons who are unable or are not authorised to enter into legally binding contracts through this site. If you do not qualify to do so do not use this site.
2. Pricing, Delivery and Discount Codes
- The prices payable for goods that you order are those set out in our website and include Value Added Tax at the rate prevailing at the time of despatch.
2.2 All our prices are in pounds sterling and we will bill you in pounds sterling. If you purchase from outside the UK, currency fluctuations, credit card and bank charges may make a difference to the amount you are billed on your credit card or bank advice/statement.
2.3 You may be required to pay extra for delivery and occasionally it might not be possible for us to deliver to some locations.
3. Your right for you to cancel your contract
- Subject to 3.3 below, you may cancel your order with us for the goods you have purchased at any time up to close of business on the seventh working day from the date you received the ordered goods. You do not need to give us any reason for cancelling your order and we will not charge any penalty.
- To cancel your order you must notify us by email at info@kiki.co.uk or telephone us on 020 7730 3323 or from overseas on (44) 207730 3323. On receipt of your email or telephone call we will give you a “Returns Authorisation Number” which must be quoted on the outside of the package containing the returned goods.
- Your right to cancel your order with us for the goods is subject to:
- you not having worn or damaged the jewellery; and
- you not having removed any security tags from the item if present.
3.4 To return your goods
1. Call 020 7730 3323 or email info@kiki.co.uk by close of business within 7 working days of receipt of your purchase and request a “Returns Authorisation Number”;
2. Your “Returns Authorisation Number” should be written on the outside of the package being returned;
3. Return the goods to us using the Royal Mail Special Delivery Service and insured for the goods' full value. The goods must be packed securely in the packaging that you received them in. We are not liable to refund you any moneys if the goods are returned to us broken;
4. Your Royal Mail receipt for returning the package must be retained by you;
5. Once we have received the goods we will refund the amount due to your credit card.
4. Cancellation by you
4.1 We reserve the right not to accept your order if:-
4.1.1 we have insufficient stock to deliver the goods you have requested; or
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the items you ordered was priced incorrectly due to a typographical error or resulting from a fluctuation in the prices of precious metals or gems.
4.2 If we do not accept your order we will notify you by email or by telephone and we will credit your account with any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We shall not be obliged to offer any compensation for disappointment suffered.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you provide us for delivery at the time you place your order. It is your responsibility to ensure that the delivery address you give is correct and accurate and that there is somebody to sign for and take delivery of the goods.
5.2 For all deliveries we use the Royal Mail Special Delivery Service unless it is preferable to use some other service.
Delivery charges are free within the UK.
- For urgent orders to any London postcode address you may use our London Same Day Courier Service for which we charge a flat fee of £20;
- Postage for returns must be by the Royal Mail Special Delivery Service.
- Once we have despatched the goods that you have ordered, you become the legal owner of the goods and they will be held by you at your risk and we will not be liable for any loss or damage to the goods howsoever caused. You are advised to take out appropriate insured cover.
- If your order is returned to us because delivery could not be effected for whatever reason then you will be responsible for the costs of delivery and any additional redelivery costs.
6. Liability
6.1 We do not warrant that material on our website is appropriate, lawful or available for use outside the United Kingdom and access to our website from states where its contents may be illegal or unlawful is prohibited. If you access our website from outside the United Kingdom you do so at your own risk and you are responsible for compliance with local laws.
6.2 If the goods we despatch do not comply with your order or are damaged or defective or the quantity delivered is incorrect we shall have no liability to you unless you notify us by email or telephone of the problem within 7 working days from the date of delivery of the goods.
6.3 If you do not receive the goods within 7 working days from the date of your receipt of our acknowledgement of your order we shall have no liability whatsoever to you unless you notify us by email or telephone of non-delivery within 14 days of the date of our acknowledgement of your order. If you notify us of non-delivery in accordance with this clause our sole obligations will be at your election either:-
6.3.1 to make good any shortage or non-delivery; or
6.3.2 to replace any goods that are damaged or defective; or
6.3.3 to refund to you the amount paid by you for the goods in whatever way we choose.
6.4 Save as provided by law we will not be liable to you for any consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out and our liability shall be limited to refund to you the price paid by you for the goods under clause 6.3.3 above.
6.5 Notwithstanding the foregoing nothing in these terms and conditions is intended to limit any statutory rights you have as a consumer.
6.6 We will not be held responsible for any delays once we have despatched goods and they are in possession of the courier or Royal Mail.
7. Notices
All notices from you to us must be in writing and sent by email to our contact address at info@kiki.co.uk and all notices from us to you will be displayed on our website from time to time.
8. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) nothing will affect the enforceability of the remaining parts of these conditions.
9. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy which forms part of these Terms and Conditions.
10. Third parties
10.1 Third Party Rights: except for our affiliates, directors, employees or representatives, no person who is not a party to this agreement shall acquire any rights under the Contract (Rights of Third Parties) Act 1999 to enforce any or all terms of this agreement but this does not affect any right or remedy that a third party may have apart from that Act.
10.2 Third Party links: we may include hyperlinks on this site to other websites operated by parties other than us including advertisers. We have not reviewed all of the sites linked to our website and are not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources and do not endorse and are not responsible or liable whether directly or indirectly for the privacy policies or the content of such websites including (without limit) any advertised products or materials or services on or available from such websites or resources nor for any damage, loss or offence howsoever caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on such external websites or resources.
11. Governing Law
Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with the laws of England and Wales. The terms of this agreement (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
12. Entire Agreement
12.1 These terms and conditions together with our current website prices, delivery details, contact details and privacy policy set out and constitute the entire agreement between us. Anything said by any person on our behalf or purportedly on our behalf shall not constitute a variation of these terms and conditions or constitute a representation concerning the nature or quality of any goods offered for sale by us excepting fraudulent misrepresentation and we shall have no liability for any such representation.
12.2 No representations or warranties are given concerning the accuracy completeness and/or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
13. Intellectual Property
Kiki McDonough Limited is the operator of www.kiki.co.uk. All trademarks, product names and company names or logos herein are the property of their respective owners. No permission is given by us in respect of the use of any such intellectual property including brand names, photographs, product names, titles or copyrights and such use will constitute an infringement of the owners' rights.
14. Events beyond our control
We shall not be in breach of these Terms and Conditions or otherwise liable for any delay in performance of our obligations to the extent that any delay or failure is due to circumstances beyond our reasonable control including without limitation, strikes, lockouts and other industrial disputes, breakdown of our systems or network access, flood, fire, explosion or accident or any act of force majeure.
15. Our rights
We reserve the right to change these conditions from time to time and your continued use of the website (or any part thereof) following such a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.
