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Terms & Conditions

 

How the contract is formed between you and us, Kaloss.
 
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched. The contract between us will only be formed when we send you this dispatch confirmation.
 
It is important to note that information about our products does not amount to an offer by us to sell the products on that basis. Rather, it is an invitation to you to make us an offer to purchase that product on that basis subject to these terms and conditions, therefore references to orders placed by customers are deemed to be references to offers by such customers to purchase the relevant produce from us. 
 
 
Product Availability
 
Although we will endeavour to maintain to supply you with the item requested, sometimes we may be unable to fulfil an order. In this instance, you will be informed at the earliest opportunity. Product images displayed on the website may occasionally differ from the respective product names and descriptions, due to changes in packaging and/or availability. 
 
 
Service Availability
 
Our site is only intended for use by people resident in the UK. We do not accept orders from individuals outside those countries unless we specifically agreed in an individual case to accept an order from outwith the UK.
 
 
Your status
 
By placing an order through our site you warrant that you are legally capable of entering into binding contracts and that you are resident in the UK. 
 
 
Order Returns
 
If after Kaloss has accepted an order from you (acceptance will be communicated via e-mail on receipt of an order), and you wish to withdraw from the contract before the goods are sent out to you, please do so by communicating that wish to us within 2 working days of our acceptance. 
 
Except if the goods you’ve ordered are of a type which by their nature cannot be returned, are personalised or are liable to deteriorate or expire rapidly, you have 7 days from receipt of the goods to cancel the contract by notifying us in writing, so long as the goods are undamaged, factory sealed and in the original condition. 
 
If you are cancelling the contract, you must return the goods to us at your own cost and risk.  This will not apply in the case of faulty, damaged or incorrect goods.
 
Provided you have complied with the above and the goods are returned in the same condition as we supplied them to you, we shall reimburse all monies, less any charges, paid by you for those goods within 30 days from the date you gave notice of cancellation. 
 
 
Complaints
 
If goods do not reach you in good condition or are faulty, carriage costs for the affected portion of delivery back to Kaloss is at our expense. You must contact us to arrange return delivery. Your complaint will be acknowledged within 5 working days of your notification that the goods are not in good condition or are faulty and we will keep you well informed about progress. Kaloss will only credit you for the items that have been damaged or are faulty upon safe receipt of the goods into our hands. Without affecting your statutory rights as a consumer, please notify us of damaged or faulty goods within 2 working days of receipt of the goods. Kaloss will accept returns and give full refunds only in circumstances where the products have not been tampered with or opened. Refunds will be furnished within 30 days of the agreement to refund. 
 
 
Delivery
 
Delivery will be made to the address specified by you when you place your order unless agreed otherwise by us.
 
Delivery will be made within 7 working days to most Mainland UK addresses, although our normal delivery reaches customers with 48 hours. Kaloss will endeavour to deliver to you within the specified time. However, there may be instances when we cannot deliver within this time.
 
If we realise that we cannot deliver to you within that time, we shall alert you as soon as possible to try to arrange another suitable time for delivery. Kaloss cannot be held responsible if any item you have ordered is impounded by or has extra duty charged on it by your local customs and excise department, therefore we recommend that you check with the Customs and Excise Department before ordering from us if ordering from overseas.
 
 
VAT
 
All prices shown are inclusive of VAT.
 
 
Website Images
 
We make every effort to ensure that images displayed on our website are as accurate as possible but cannot guarantee an exact match to the product as displayed on your screen.
 
 
Product Specification
 
All product information and technical specifications contained in Kaloss website or literature is for guidance only, no responsibility can be taken for errors or omissions. 
 
 
Data Protection
 
Kaloss conforms to the UK Data Protection Act. Any information you provide is treated in strict confidence and is stored in a secure location. Customer details will not be disclosed in any way to any persons out with Kaloss and our group companies. If you do not wish to receive promotional material from us, please register that with us immediately by e-mail. View our Privacy Policy.
 
 
Termination
 
Kaloss reserves the right to block access of our Internet services if your behaviour is found to be discordant with these terms and conditions at any time. 
 
 
Limitation of Liability
 
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded.
 
Nothing in these terms and conditions excludes or limits the liability of Kaloss: for (a) death or personal injury caused by the our negligence; or (b) under section 2(3), Consumer Protection Act 1987; or (c) for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or (d) for fraud or fraudulent misrepresentation.
 
Other than as herein provided:  Kaloss’s total liability in contract, delict, (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the goods and/or our supply of the goods shall be limited to the price of the goods; and shall not be liable to you or any third party for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the goods and/or our supply of the goods.
 
 
Intellectual Property
 
No permission is given by Kaloss in respect of the reproduction or use for injurious or commercial purposes of any brand names, product names, designs and any other material shown on Kaloss Website in which intellectual property rights subsist. ALL RIGHTS RESERVED.
 
 
Our right to vary these terms and conditions
 
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order products from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
 
 
Waiver
 
If we fail at any time during the term of the contract between us 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 of remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations unless expressly stated by us in writing to you to be a waiver.
 
 
Severability
 
If any of these terms and conditions or any provisions of the contract formed between us 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.
 
 
Applicable Law
 
Contracts for the purchase of products through our site shall be governed by and construed in accordance with the law of Scotland ant the parties hereto agree to submit to the non-exclusive jurisdiction of the Scottish Courts.
 
Medical and Health Issues
 
It is expressly up to you to ensure that all of our products are used correctly, not excessively and in accordance with medical advise.  If you are taking any medication, or have a medical condition which may prevent or cause further issues, you should seek medical advice before taking any of our products.  Kaloss will not be held liable, responsible or at fault for any adverse symptons through use or miss-use of any of our products by whatever means.
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