Terms and Conditions
2. Our Service.
Our web site and services provided to you on and through our web site on an “AS IS” basis. You agree that the owners of this web site exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
5. Registration and Password. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
6. Your Conduct.
You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Third Party Services.
Goods and services of third parties may be advertised and/or made available on or through this web site. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
9. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.
10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
11. Reservation of Rights. We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.
12. Notification of Copyright Infringement. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at the following email address:
13. Applicable Law.
By continuing to browse or otherwise accessing the web site, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this Web Site now.
16. Repayment Terms & Recovery of Debt
If the customer is in default of repayment terms they will be liable for any costs incurred in recovery.
Note: The arbitration process provided by payment services and merchants such as Paypal, AmazonPay or any merchant bank cannot be a replacement for the legal rights of a customer or a retailer. It is not a legally binding procedure, and we reserve the right to pursue any debt owed to us.
The Customer will be liable for all costs incurred by Kissimoto Ltd in recovery due to the Customers breach of the agreed repayment terms or this agreement, to include fees for a Letter Before Action £30.00, Debt Collection Agents fees @ 20% of the amount overdue, Interest at 8% above the Bank of England’s Base rate and Late Payment Compensation per Invoice in accordance with EU regulations and any incurred Charge-backs levied by our bank @ £20.
17. Returns and Refunds
(a) Change of mind returns: if for whatever reason you change your mind and would like to return all or any Products that are the subject of your Order after delivery to you, you have the right to return your Product(s) to Us within 14 days of delivery.
(b) Missing, Damaged or Incorrect Orders: We do everything We can to ensure your Order arrives at your delivery address in a complete and pristine condition. If you don’t receive all of the Products pursuant to your Order please contact us by email with your
(i) original Order reference number;
(ii) your name;
(iii) your daytime contact number; and
(iv) details of the missing Product(s).
You must inspect your Products immediately upon your receipt of them and notify us within 3 days of delivery if they arrive damaged, incomplete or not otherwise in pristine condition. If the Product(s) arrive damaged, incomplete or not otherwise in pristine condition please follow the returns procedure set out above.
(c) Faulty Products:
Faults caused by accident, neglect, misuse or normal wear and tear will not be: (i) capable of return by you to Us, and We will have no liability to you in relation to the same in relation to such faults, We do provide a service whereby we will return the unit to the authorised repair agent to obtain an estimate to repair the unit.
Within 14 days of delivery of the Product: If a Product you have ordered from us develops a fault or is incorrectly described you may request a refund from Us or an exchange provided that you notify us of the fault or problem within 14 days of the delivery of that Product to you and you may return the Products following the process set out above. A Product returned as faulty or incorrect within the 14 day time period specified above will be subject to Our inspection and testing to determine, at our sole and absolute discretion (acting in good faith and reasonably), that that Product is in fact faulty or incorrect (as the case may be) and if it is We will refund the price of the defective Product in full together with any applicable delivery charges and any reasonable costs you incur in returning that Product to Us.
Within 30 days of delivery of the Product: If a Product you have ordered from us develops a fault within 21 days of delivery of the Product you may request an exchange (but not a refund) from Us provided that you notify us of the fault or problem within 21 days of the delivery of that Product to you and you may return the Products following the process set out above. A Product returned as faulty or incorrect within the 21 day time period specified above will be subject to Our inspection and testing to determine, at our sole and absolute discretion (acting in good faith and reasonably), that that Product is in fact faulty or incorrect (as the case may be) and if it is We will offer you a credit note or exchange equal to the price of the defective Product and waive any applicable delivery charges in relation to the exchanged Product.
All Products returned as faulty or incorrect will be checked and if found to have no fault will be returned to you.
No refund will be processed until the returned Products have been received back into Our warehouse and have been confirmed to be faulty and/or incorrect by Us.
(d) How to tell Us that you want to return a Product: If you wish to return a Product to Us please send an email with the following information:
(i) original Order reference number;
(ii) your name;
(iii) your daytime contact number;
(iv) the Product(s) you are returning; and
(v) the reason you wish to return the Product(s).
If you do not comply with this clause it may result in a delay in processing your refund.
Method of return:
You can return the item to Us in one of the following ways:
return the Products to Us by post. Send the item to the address given to you at the time of receiving the product. Please also include a copy of your invoice with your return. If you are posting the Products, we strongly recommend you use secure packaging and an insured delivery method such as Royal Mail Special Delivery as the Products will be your responsibility until received by Our Distribution Centre. Once you have informed us that you want to return your item, you must return the Products to Us within 7 days.
Costs of returning Products to Us: If you cancel your Order after the Products have been despatched, you will be responsible for returning the Products to Us at your expense in the condition described in above.
No refund of postage charges: If We charged you for postage on your original Order, this will be deducted from your refund if the Products have been despatched to you (except within the first 7 days of receiving the Order).
Condition of Products returned to Us: If you return Products to Us, you must comply with the following conditions:
(i) the Products must be returned in its original sealed packaging together with all accessories, packaging, instructions and any other items included with it at time of sale (including free gifts). You must take reasonable care of the Products and return them in its original and undamaged condition.
(ii) a proof of purchase must be supplied.
If you do not comply with the above conditions we cannot refund or cancel your Order.
Damaged Products: If any Product returned by you to Us is not in fully resaleable condition or the packaging is damaged by you and you have not notified Us of such within the time period and as specified above, We may refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. This does not affect your statutory rights.
Refunds: You will be notified by e-mail of any refund (including as a result of a cancellation of your Order) within a reasonable period of time. Refunds can only be made to the original card of purchase. We will aim to process refunds for any sum that has been paid by you for Product(s) which have been returned to Us undamaged and/or Services cancelled in accordance with these Terms as soon as reasonably practicable and in any event within 30 (thirty) days of receipt of the returned Product(s) or the date We confirmed to you by e-mail that you were entitled to a refund.
Legal rights: If you are a consumer, you will always have statutory rights in relation to Products and/or Services that are faulty, damaged or not as described. These statutory rights are not affected by the returns policy in this clause or these Terms. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Legally Binding: Upon purchase you agree to these terms as legally binding.