KOHR- Terms and Conditions of Sale

 

Application

  1. These Terms and Conditions will apply to the purchase of Goods, by you (the Customer or you) from Amy Joanne Kohl trading as KOHR of 19 Rosedale Avenue, Heysham, LA3 2HS, with the email address: hello@kohrfashion.com telephone number: 07816498392 (the Supplier or us or we).

  2. These are the terms on which we sell all Goods to you as the Customer. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. These Terms and Conditions supersede any previously issued terms and conditions of sale or purchase by either party.

  1. Definitions and interpretation

    1. In these Conditions the following definitions apply:

Bespoke Goods 

 

Business Day

means any Goods which are made to order to the Customer’s specifications.

means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in England.

Conditions

means the Supplier’s terms and conditions of sale set out in this document.

Confidential Information

means any commercial, financial or technical information, information relating to the Goods, plans, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to the Contract.

Contract

means the agreement between the Supplier and the Customer for the sale and purchase of the Goods incorporating these Conditions and the Order.

Customer

 

Delivery Fee

means the person who purchases the Goods from the Supplier and whose details are set out in the Order.

means the delivery fee payable by the Customer as specified in the Schedule. 

Force Majeure

means an event or sequence of events beyond a party’s reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, disease, earthquake or other natural disaster; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract;strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving the Supplier’s or its suppliers’ workforce, but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay.

 

Goods

means the goods ordered excluding any Bespoke Goods.

Intellectual Property Rights 

 

 

Location

means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights. 

means the address for delivery of the Goods as specified by the Customer at the point of sale on the Website.

Order

 

Order Acknowledgement

 

Payment Method

means an order for the Goods placed by the Customer. 

means email acknowledgement of the Order issued by the Supplier to the Customer. The Order Acknowledgement confirms that the Contract is agreed on the basis of these Terms and Conditions.

means the online payment method that the Customer uses to purchase the Goods; including but not limited to WorldPay and PayPal

Price

has the meaning given in clause 2.1.

Registered Address

Website  

means the Supplier’s address: 19 Rosedale Avenue, Heysham, LA3 2HS

means the Supplier’s website: www.kohrfashion.com.

  1. Price

    1. The Price for the Goods is stated on the Website.

  2. Payment

    1. The Customer will be required to pay the Price on the Website.

    2. Payment is to be made by the Payment Method. 

    3. The Customer will receive an Order Acknowledgment. 

  3. Delivery

    1. The Order will be delivered to the Location. 

    2. Delivery Fees may be payable. 

    3. The Supplier shall not be liable for any delay in or failure of delivery caused by:

      1. the Customer’s failure to: (i) make the Location available, (ii) provide the Supplier with adequate instructions for delivery or otherwise relating to the Goods;

      2. Force Majeure;

      3. The failure of a third party to perform any part of any contract with the Supplier.

  4. Returns, Refunds and Cancellations

    1. The Customer can return Goods within 14 days of the Delivery Date. 

    2. Bespoke Goods can only be returned if they do not comply with the warranties specified in clause 7. 

    3. When the Customer decides to return Goods, they must first send an e-mail to hello@kohrfashion.comsuch email to include:

5.3.1 the Customer’s Order number;

5.3.2 a photograph of the Order;

5.3.3 the Customer’s contact telephone number; 

5.3.4 the Customer’s reasons for returning the item;

5.3.5 whether the Customer wishes to be refunded for the Goods or be sent an exchange. 

5.4      The Customer should send Goods to be returned to the Registered Address in their original packaging. 

5.5     Returns are to be paid for by the Customer unless otherwise agreed with the Supplier.

5.6      Notwithstanding the Customer’s request under Clause 5.3.5, refunds or replacement Goods will be supplied at the Supplier’s discretion. 

  1. Risk and Title 

    1. Risk arising from damage to, or loss of, the Goods will pass to the Customer when the Goods are delivered.

6.2          Title to the Goods shall pass to the Customer once the Supplier has received payment in full and in cleared funds for all Goods supplied under all Orders.

  1. Warranties

    1. The Supplier warrants that the Goods shall (the 1 year):

      1. conform in all material respects to the Order and the Order Acknowledgement;

      2.  be of a satisfactory quality.

  2. Limitation of liability

    1. The Supplier does not exclude liability for: 

      1. any fraudulent act or omission; 

      2. for death, personal injury, or injuries to individuals which are caused by negligence or breach of the Supplier’s other legal obligations. 

  3. Force Majeure

    1. A party shall not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it:

      1. promptly notifies the other party of the Force Majeure event and its expected duration; and

      2. uses its best endeavours to minimise the effects of that event.

  4. Intellectual Property Rights

    1. All Intellectual Property Rights in the Goods shall vest in and remain at all times the property of the Supplier. 

    2. The Supplier warrants that the Goods shall not infringe any patent, trade mark, registered design, copyright or other rights in industrial property of any third party.

  5. Privacy

    1. The Supplier agrees to respect the Customer’s privacy and comply with General Data Protection Regulations with regard to the Customer’s personal information. 

  6. Termination

    1. The Supplier may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if:

      1. the Customer commits a material breach of the Contract and such breach is not remediable;

      2. the Customer commits a material breach of the Contract which is not remedied within 14 Business Days of receiving written notice of such breach;

      3. the Customer has failed to pay any amount due under the Contract on the due date and such amount remains unpaid 30 days after the date that the Supplier has given notification to the Customer that the payment is overdue; or

      4. any consent, licence or authorisation held by the Customer is revoked or modified such that the Customer is no longer able to comply with its obligations under the Contract or receive any benefit to which it is entitled.

    2. Termination or expiry of the Contract shall not affect any accrued rights and liabilities of the Supplier at any time up to the date of termination.

  7. Entire agreement

    1. The parties agree that the Contract constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.

    2. Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.

    3. Nothing in these Conditions purports to limit or exclude any liability for fraud.

  8. Variation

    1. No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and is duly signed by, or on behalf of, the Supplier.

  9. Severance

    1. If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.

  10. Waiver

    1. No failure, delay or omission by the Supplier in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

    2. No single or partial exercise of any right, power or remedy provided by law or under the Contract by the Supplier shall prevent any future exercise of it or the exercise of any other right, power or remedy by the Supplier.

    3. A waiver of any term, provision, condition or breach of the Contract by the Supplier shall only be effective if given in writing and signed by the Supplier, and then only in the instance and for the purpose for which it is given.

  11. Conflicts within contract

    1. If there is a conflict between the terms contained in these Conditions and the terms of the Order, schedules, appendices or annexes to the Contract, the terms of these Conditions shall prevail.

  12. Governing law

    1. The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.

  13. Jurisdiction

    1. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).

SCHEDULE

Delivery Fees

 

UK Delivery – FREE as made to order may take up to 2/3 weeks to be dispatched

Europe

£4.99 Estimated delivery time between 3 - 5 working days once posted.

USA & Canada

£6.99 Tracked & Signed for. Estimated delivery time between 5 - 7 working days once posted. (Customs & duty fees not included)

Australia & NZ

£6.99 Tracked & Signed for. Estimated delivery time between 5 - 10 working days once posted. (Customs & duty fees not included)

United Arab Emirates

£7.99 Tracked & Signed for. Estimated delivery time between 5 - 10 working days once posted. (Customs & duty fees not included)

Asia

£7.99 Tracked & Signed for. Estimated delivery time between 5 - 10 working days once posted. (Customs & duty fees not included)

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