TERMS AND CONDITIONS
Please read all these terms and conditions.
The following Terms and Conditions govern the sales of products on our website (“www.khbbydesign.com”). By using our website or placing an order (Order) for products (Products, items, goods) on this website, you agree to be bound by these Terms and Conditions (Terms). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them.
Application
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
2. KHB by Design, is a Limited company registered in England and Wales under company number 13701562 with our registered office at 16 Hull Place, London. E16 2SW, with email address hello@khbbydesign.com; telephone number (07897 927 252) (the Supplier or us or we).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
4. We amend these Terms from time to time to comply with applicable laws or to meet our changing business requirements. Any updates or amendments will be posted on the website. Every time you wish to use our website or place an order, please check these Terms to ensure you understand the Terms which will apply at that time. Any such change in Terms will be effective for all new Orders.
5. To place an Order with KHB by Design, you must be at least sixteen (16) years old. For competition entries, you must be at least eighteen (18) years old.
6. We will not be responsible to you for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause beyond our reasonable control
Interpretation
7. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
8. Contract means the legally-binding agreement between you and us for the supply of the Services;
9. Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
10. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
11. Order means the Customer's order for the Services from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation;
12. Services means the services, including any Goods, of the number and description, set out in the Order.
Your use of the Website:
13. You may use the website for personal and lawful use and in accordance with these Terms. You are neither entitled to modify nor allowed to copy or use any content of the website for commercial exploitation including for selling any goods or services without our express written permission
14. KHB by Design accepts no obligation to monitor the use of the website. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms or any breach of applicable law or regulation. KHB by Design will also in its absolute discretion fully cooperate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security
15· KHB by Design may change the format and content of the website from time to time. We recommend you refresh your browser each time you visit the website to view the most up-to-date version of the website
16· You agree that any information you submit to the website including Personal Information shall be true, accurate, current and complete. You agree that you are and shall be personally responsible for your use of the website
Shopping at KHB by Design:
17. You can shop with KHB by Design by placing an online Order on www.khbbydesign.com
Please also note:
18· If you place an Order for delivery outside the UK, International Orders may be subject to local taxes, import duties and /or other local requirements
Description and price of goods:
19. We have taken care to describe and show items as accurately as possible. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. Slight variations in items may occur. Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.
20. We reserve the right to modify the information about Products displayed on our website, including as regards prices, descriptions and availability.
21. We provide you with product information on www.khbbydesign.com. If there is anything which you do not understand, or if you wish to obtain further information, please contact our Customer Service team on +44 (0) 7897 927 252 or email support@khbbydesign.com
Please refer to our Returns and Refunds Policy if you are unhappy with your Order.
Placing an Order:
22. KHB by Design takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website. For more information on how we use and protect your Personal Information, please refer to our Privacy and Cookie Policy below.
The below are the steps necessary to place your Order and create and thereby conclude a purchase contract.
23· To place an Order you must be sixteen (16) years of age or over. To place an Order you will have to select the products on the website and select your preferred shipping method
24· You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website
25· When you place the Order through the website, we may send you an automated email confirming receipt of your Order, which will detail the products that you have ordered
26· We send you an email confirming that all, or part, of the products, have been shipped. This is when the purchase contract between you and us is concluded in relation to the products actually shipped
Non-acceptance of your Order (or parts of your Order) may be due to any one or more of the following non-exhaustive reasons:
27· You provide us with incomplete, incorrect or fraudulent information regarding your identity, payment details, billing information, and shipping address or you fail any other customer validation checks
28· A Product you ordered is out of stock or no longer available
29· We have identified an error with a product description, including but not limited to a pricing error
30· We have reasonable grounds to believe that you intend to resell the products
31. Where we do not accept your Order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within thirty (30) days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
Payment:
32. The available methods of payment are displayed on the website at checkout. Payment will be debited from your account at the point you confirm your Order.
33. You confirm that the payment credentials being used are yours. Your payment credentials will be subject to validation checks and authorisation by our payment processing provider.
34. To ensure that your credit, debit or charge card is not being used without your consent, we will validate your name, address and other personal information supplied by you during the Order process against appropriate third-party databases. By accepting these terms and conditions you consent to such checks being made.
35. Fraudulent payment credentials will be reported to the relevant authorities. If the issuer of your payment credentials refuses to authorise payment we will not accept your Order and neither will be responsible for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal.
36. We are not responsible for your payment credentials issuer charging you as a result of our processing of your payment in accordance with your Order.
Delivery:
37. You must provide us with complete and accurate delivery address information. We will not be liable for the delivery of your Order as a result of you supplying us with incomplete or inaccurate information.
38. We offer worldwide shipping, with the exception of Russia.
39. We aim to deliver goods ordered by you within 1-2 working days to the address provided to us for delivery of your Order for UK express delivery, and up to 3 working days for International delivery. In any case or event, these times may differ, in which case we will contact you to further update you about your order (note, where a Bank Holiday falls on a Monday, Orders will be processed the following working day).
Please refer to our Shipping information section for more information on the type of delivery offered.
40. However, delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher-than-anticipated demand. KHB by Design shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays. Please note that delivery of your Order may take longer during busy periods.
41. Delivery of an Order shall be completed when we deliver the products to the address provided, and the products will be your responsibility from that time.
42. Orders dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us, you agree to pay any such Duties which may be imposed by your country's government. If you refuse to pay any Import Duty, Tax or VAT imposed and thereby prevent delivery of your Order, you will remain liable for the purchase price of the product(s) and any Import Duty, Tax or VAT or penalty imposed by your government.
Cancellation, Returns and Refunds:
43. We hope you will be happy with your purchase from us. If not, you have the right to return the product to us, returns should be made within 30 days of your receipt of the goods. You have the right to cancel your contract (under the Consumer Contracts Regulations 2013) with KHB by Design at any time up to thirty (30) days after you receive the goods. To cancel your contract in this time frame, you must notify us in writing by email at support@khbbydesign.com.
If a product has been delivered to you before you decide to cancel your contract:
44· You will be responsible for returning the items to KHB by Design; UK returns are free of charge. However, international returns will be at your own cost unless the items are faulty or misdescribed
45· If you decide to cancel, you should return the items to us within thirty (30) days of such cancellation, and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery)
46· Please return the product in its original packaging to ensure it reaches us in good condition. Please ensure all items returned are unworn and all tags attached in order for a refund to be processed
47· Please ensure that you also return any free gifts that are associated with your returned items or the related order. If the free gift isn’t returned, then we reserve the right to deduct the value of the free gift from your refund
48· Upon receipt of the items, you will be refunded the amount paid. Please allow at least fourteen (14) working days for your refund to be processed
49· The rights to return the items under the Distance Selling Regulations will not apply in the event that the product has been used or returned incomplete
50· If you are a UK customer you can use our free UK returns service
The provisions of this clause do not affect your statutory rights. Please refer to our Returns section on how to return the products.
51. We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers and continued returns in breach of our terms and conditions will be flagged and may, at our discretion, lead to the closure of your KHB by Design account or future orders being refused.
Exchanges
52. We do not currently offer exchanges.
Promotions
From time to time we will offer various promotions that can be applied to your Order automatically or by using a Promotional Code, which we will provide to you. You should enter the applicable Promotional Code in the space provided at checkout before you submit your Order. Please also note the below;
53· Promotional Codes may not to be used in conjunction with any other offer or promotion
54· Promotional Codes may only be used once per customer
55· We reserve the right to withdraw Promotions at any time
56. While the Terms and Conditions for each Promotion will vary, most of our offers last for a limited time.
57. Some offers may not have an associated Promotional Code. They may simply be added to your Order, and the promotion will be automatically applied at checkout, as long as you have met the other offer requirements.
58. If you have any questions about a promotion, or whether your order qualifies, feel free to call our Customer Service team on +44 (0) 7897 927 525 between 09:00 – 17:50 (GMT) Monday - Friday or email support@khbbydesign.com
Competitions
59. KHB by Design will use your personal data to manage your Competition entry, for analytics and market research and, where you have opted in, to send you KHB by Design updates. You need to be at least eighteen (18) years old and agree to the Competition rules to participate. Any Personal Information that entrants share with KHB by Design will be kept secure and only used in line with KHB by Design Privacy Policy below and these Terms.
Limitation of Liability
60. To the extent required by applicable law, we do not limit in any way our liability for death or for personal injury caused by our negligence or for fraudulent misrepresentation or concealment or for any other liability which cannot be excluded or limited by applicable law.
61. Subject to applicable law, under no circumstances shall KHB by Design be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential, punitive or other damages, including lost profits, personal injury (including death) and property damage, that may result from (a) the use of, or the inability to use, the website or any material on the website, (b) the conduct of any user of the website, whether in contract, tort (including negligence) or otherwise. KHB by Design shall not be liable even if KHB by Design or an authorised representative of KHB by Design has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
62. KHB by Design assumes no responsibility or liability arising from the content of any User Submission or for any libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality, infringement of intellectual property rights, error or inaccuracy contained in any User Submissions.
63. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall KHB by Design’s total liability to you for damages, losses, and causes of action whether in contract, tort (including, negligence) or otherwise exceed the amount paid by you, if any, for accessing the website.
Privacy
64. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
65. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy which can be found on our website.
66. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
b. 'GDPR' means the UK General Data Protection Regulation.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
67. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
68. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
69. For any enquiries or complaints regarding data privacy, you can e-mail: info@khbbydesign.com.