Terms and Conditions
Terms and Conditions for Kai Smart Ltd
Interpretation
“we”, “us”, “our”, means Kai Smart Ltd
“you”, “your” means the person ordering products under these Sales Terms.
“working days” means all days other than Saturdays, Sundays, and Public Holidays.
“Goods” means the good or goods you have ordered from us.
Orders are made to us by a Purchase Order email from you. Our acceptance of your order will take place when we email you to accept it.
All orders for Goods are offers by you to purchase and accepted only when you receive a confirmation email from us to this effect. This will form a contract, which incorporates these terms and conditions, between you and us.
Where the use of the Goods is stated to be subject to any instructions or warnings, they are supplied on the condition that such instructions or warnings will be strictly adhered to.
All prices for the Goods are exclusive of taxes and delivery charges.
All Goods are subject to availability. Where stock has run out or Goods cannot for some reason be dispatched, we will contact you by email to inform you of this and give you a likely delivery date. If it is not possible to deliver within an agreeable period, we will not accept that part of your order. Where these Goods are part of a larger order, we will process and dispatch the available Goods to you in the normal manner in accordance with these Sales Terms.
We only sell within the UK. Orders outside the UK will not be accepted.
Payment authorisation must be provided by you on the date that you place an order for Goods. Payment must be made by bank transfer. You can contact us to arrange a credit account. Credit approval is required by our debt insurers and if approved account terms are payment 30 days from invoice date. Late payment will be subject to additional fees without prior notification.
All product prices and delivery charges are shown in UK pounds sterling.
We will only use the details supplied by you in accordance with our Privacy Policy.
We can deliver to any address in the United Kingdom
There may be a charge for delivery as stated when ordering.
All delivery times are estimates only and, while we will endeavour to avoid delay, we will not be liable to you for any loss or damage arising from delay in delivery.
We may deliver the Goods by instalments. Delivery charges will be those set out at the time you place your order.
If we are unable to perform the whole or part of the Contract due to any cause or event beyond our reasonable control we may, at our option, by notice in writing to you, cancel or suspend the Contract in whole or in part without liability and without prejudice to our rights to receive payment of the price for all Goods previously delivered.
If you receive the wrong goods or Goods are damaged in transit, you must contact us within 7 calendar days of delivery via email to info@kaismart.co.uk and confirm to us what has happened. We will aim to respond and rectify in a timely manner.
When ordering Goods for delivery overseas you may be subject to import duties and taxes, which are levied once the Goods reach the specified destination. Any additional charges for customs clearance must be borne by you.
We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information.
When ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the Goods. You are responsible for notifying your local customs office of your purchase. Please be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
You may cancel your order within 5 working days of delivery by emailing info@kaismart.co.uk with details.
If you cancel your order after delivery, you must return the unwanted Goods to us unused and in their original packaging at your risk and at your cost within thirty days of cancellation.
Any cancellations or returns are subject to a 20% re-stocking fee.
Provided you return the unwanted Goods unused and in the original packaging within 7 days of cancellation, we will credit you with the cost of the unwanted Goods (less 20%) and our delivery charges within thirty days of the date of your cancellation.
Returned Goods will be delivered to us at your cost, unless the Goods are defective or damaged. We will be entitled to deduct the cost of recovering the Goods if you fail to return them following cancellation.
Refunds will not be given where Goods are returned in an unsaleable condition, because of broken seals, opened or defaced packages.
Special order goods cannot be returned.
The Goods are at your risk from the time of delivery.
Ownership of the Goods does not pass to you until we have received in full (cash or cleared funds) all sums due in respect of:
the Goods; and
all other sums which are or become due to the us from you on any account.
Nothing in these Sales Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
We will not be liable to you for any loss or damage in circumstances where or to the extent that
neither we nor our employees or agents are in breach of a legal duty owed to you;
such loss or damage is not a reasonably foreseeable result of any such breach; or
any increase in loss or damage results from a breach by you of any term of this contract.
Except as expressly provided in these Sales Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of our website generally.
We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
Our employees and agents are not authorised to make any representations or give any warranty concerning the Goods unless these are confirmed in writing by us. In entering into the Contract you acknowledge that you do not rely on and waive any claim for any breach of any representation or warranty which is not so confirmed.
Our failure to insist upon the strict performance of any of your obligations under the Sales Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
If any provision of the Sales Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
All notices will be in writing and maybe served by either party on the other by hand or by first class pre paid post. The address for service, in the case of a notice from you to us, is specified at the bottom of this page and, in the case of a notice from us to you, will be the address stated on your order.
Nothing in these Sales Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Our website may provide links to the web sites and services of third parties. Such links are provided for your convenience only, and their provision does not constitute or imply control of or an endorsement of the content of such third-party web sites by us. You acknowledge that the use of such third-party web sites is governed by the terms and conditions of use as applicable to such websites.
These terms and conditions will be governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the English courts.
Neither we nor our affiliates make any representation that materials on this website are appropriate or available for use in locations outside the United Kingdom and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
We aim to provide outstanding customer service. If you have any comments about the service you have received from us, please contact us
Email: info@kaismart.co.uk
Registered office address: 20-22 Wenlock Road, London, N1 7GU