Terms & Conditions
These Terms will apply to any contract between you and the Retailer for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract you enter into with a Retailer, are only in the English language.
1. Information about us
1.1 www.thekairoscollective.com is a site operated by The Kairos Collective Limited (“We”, “us”, “our”). We are registered in England and Wales under company number 09596370 and have our registered office at 262 High Road High Road, Harrow, Middlesex, HA3 7BB. Our main trading address at 56 Wood Lane, London, W12 7SB. Our VAT number is 226378104.
1.2 This website is intended for use by consumers over the age of 18 only. If you are using the website in the course of a business please e-mail us at email@example.com or contact our Customer Services team by telephone on +44 (0) 7933 749283.
1.3 Contacting us:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 7, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on +44 (0) 7933 749283 or by post to 56 Wood lane, London, W12 7SB. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or post the letter to us. We will inform the Retailer of any correspondence we receive from you.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at +44 (0) 7933 749283 or by e-mailing us at email@example.com. Where relevant we will inform the Retailer of any correspondence we receive from you.
(c) If we or a Retailer have to contact you or give you notice in writing, we or the relevant Retailer will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. the Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. The Products delivered to you may vary slightly from those images.
2.2 The packaging of the Products may also vary from that shown on images on our site.
2.3 If Products are to be made to measurements you provide you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our site or by contacting us.
3. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. How the contract is formed between you and our Retailers
5.1 Each Contract is an agreement between you and the relevant Retailer that incorporates these Terms. We are authorised by each Retailer to act on its behalf in relation to the formation and administration of each Contract but we are not party to it. Before you place your order you will be provided with the following information in respect of the relevant Retailer:
(a) the identity of the Retailer and its geographical address; and
(b) the total price of the Products inclusive of domestic UK taxes and delivery charges.
5.2 Our shopping pages will guide you through the steps you need to take to place an order through our site. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
5.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Acceptance of your order will take place as described in clause 5.4.
5.4 We will confirm the Retailer’s acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched by the Retailer (Dispatch Confirmation). The Contract between you and the Retailer will only be formed when we send you the Dispatch Confirmation.
5.5 If the Retailer is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because the Retailer cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 10.5, we will inform you of this by e-mail and the Retailer will not process your order. If you have already paid for the Products, we will arrange for a refund to you of the full amount including any delivery costs charged as soon as possible.
5.6 If you have a complaint regarding any aspect of your use of our site or any Contract please e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on +44 (0) 7933 749283 or by post to 56 Wood Lane, London, W12 7SB. If you are e-mailing us or writing to us please include details of your order to help us to identify it. Where relevant we will inform the Retailer of any correspondence we receive from you.
6.Our right to vary these Terms
6.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products through our site, the Terms in force at the time of your order will apply to the Contract between you and the relevant Retailer.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your active order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7.Your consumer right of return and refund
7.1 The clauses set out below set out your legal rights as a consumer. Please see in addition our Returns policy that sets out additional rights to return Products.
7.2 As a consumer you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm the Retailer’s acceptance of your order), which is when the Contract between you and the Retailer is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.Example: if the Dispatch Confirmation is dated 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.|
Your Contract is for either of the following:
- one Product which is delivered in instalments on separate days.
- multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.Example: if the Dispatch Confirmation is dated 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.|
|Your Contract is for the regular delivery of a Product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.Example: if the Dispatch Confirmation is dated 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.|
If in one visit to our site you order Products from different Retailers, a separate Contract is entered into with each Retailer in respect of the Products ordered from that Retailer.
7.4 NOTE: You do not have a right to change your mind in respect of:
(a) Products made to your specification or that are clearly personalised;
(b) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
(c) any Products which become mixed inseparably with other items after their delivery.
7.5 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com or contact our Customer Services team by telephone on +44 (0) 7933 749283 or by post to 56 Wood London, Lodon, W12 7SB. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.6 If you cancel your Contract we will arrange for:
(a) a refund to you of the price you paid for the Products. However, please note that by law a reduction may be applied to your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page for information about what handling is acceptable and examples.
(b) a refund to you of any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method offered (provided that this is a common and generally acceptable method). For example, if delivery of a Product is offered within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then the refund will be for the amount you would have paid for the cheaper delivery option.
(c) any refunds due to you to be made as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Product and we or the Retailer have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.
(ii) if you have not received the Product or you have received it and we or the Retailer have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.7 If you have returned the Products under this clause 7 because they are faulty or mis-described, we will arrange for a refund of the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item.
7.8 Refunds will be made to you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product the refund may be made to you in vouchers.
7.9 If a Product has been delivered to you before you decide to cancel a Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or hand it to our authorised carrier. Please see our Returns page for our returns address, printable returns labels and information about our authorised carrier and how to arrange a return. If we or the Retailer have offered to collect the Product from you, we or the Retailer will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Product is faulty or not as described (in this case, see clause 7.7), you will be responsible for the cost of returning the Products. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums charged to you for delivery. If we or the Retailer have offered to collect the Product from you, you will be charged the direct cost of collection.
8.1 We or the relevant Retailer will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm acceptance of your order). Occasionally delivery to you may be affected by an Event Outside Control (see clause 14).
8.2 Delivery of an order shall be completed when the Retailer delivers the Products to the address you gave us and the Products will be your responsibility from that time.
8.3 You own the Products once payment is received in full, including all applicable delivery charges.
8.4 If the Retailer misses the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a) the Retailer has refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us or the Retailer before acceptance of your order that delivery within the delivery deadline was essential.
8.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.4, you can notify a new deadline for delivery, which must be reasonable, and you can cancel your order if the Retailer does not meet the new deadline.
8.6 If you do choose to cancel your order for late delivery under clause 8.4 or clause 8.5, you can do so for just some of the Products that are the subject of the applicable Contract or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them or allow collection, and we or the Retailer will pay the costs of this. After you cancel your order we will arrange for a refund of any sums you have paid for the cancelled Products and their delivery.
8.7 If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the Products from a local depot.
8.8 If, after a failed delivery to you, you do not re-arrange delivery or collect the Products from a delivery depot we or the Retailer will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite reasonable efforts, we or the Retailer are unable to contact you or re-arrange delivery or collection the Retailer or we (on the Retailer’s behalf) may end the Contract immediately by notice to you.
9. International delivery
9.1 Delivery can be made to mainland England, Scotland and Wales. However we can accommodate for International Deliveries, please contact our customer service team at +44 (0) 7933 749283 or by e-mailing us at firstname.lastname@example.org for morew information. There are restrictions on some Products for certain International Delivery Destinations, please note that we have no control over these restrictions.
9.2 If you order Products from our site for International Delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We and the Retailer will not be liable or responsible if you break any such law.
10. Price of products and delivery charges
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for the Products may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
10.4 The price of a Product does not include delivery charges. Delivery charges are as advised to you during the check-out process, before you confirm your order when possible. However on the occasion that this isn’t possible, we have a POA (price on application) system. As each piece is unique, our retailer carefully consider a suitable method for your purchase to reach you. We will work with our boutiques to provide you with a quote and you will only be charged for the piece once you have accepted the proposed delivery quote.
10.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts and those of the Retailers, some of the Products on our site may be incorrectly priced. If we or a Retailer discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. Your order will not be processed without your instructions. If we or the Retailer are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, the Retailer does not have to provide the Products to you at the incorrect lower price.
11. How to pay
11.1 You can only pay for Products using a Debit/Credit Card, Paypal and Bank Transfer.
11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge you until the Retailer accepts your order.
12. If there is a problem with the product
12.1 If you have any questions or complaints about the Product, please contact us by telephoning our customer service team at +44 (0) 7933 749283 or by e-mailing us at email@example.com. Where relevant we will inform the Retailer of any correspondence we receive from you
12.2 A Retailer is under a legal duty to supply Products that are in conformity with this Contract. See the box below for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights as a consumer
This is a summary of your key legal rights as a consumer. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights as a consumer entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
12.3 If you wish to exercise your legal rights to reject Products you must either return them in person to where you bought them, post them back or (if they are not suitable for posting) allow us or the Retailer to collect them from you without cost to you. Please call customer services on +44 (0) 7933 749283 or e-mail us at firstname.lastname@example.org for a return label or to arrange collection.
13. Liability – YOUR ATTENTION IS DRAWN TO THIS CLAUSE
13.1 If we or a Retailer fails to comply with these Terms, we or the Retailer as applicable are responsible for loss or damage you suffer that is a foreseeable result of the breach of these Terms or ours or its negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or the Retailer’s breach or if it was contemplated by us and you when you accepted these Terms by accessing our site or you and the Retailer at the time you entered into the Contract.
13.2 The Retailers only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes, and neither we nor the Retailers have any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 Neither we nor any Retailer excludes or limits in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products and for defective products under the Consumer Protection Act 1987.
14. Events outside control
14.1 Neither we nor any Retailer will be liable or responsible for any failure to perform, or delay in performance of, any of our or its obligations under a Contract that is caused by an Event Outside Control. An Event Outside Control is defined below in clause 14.2.
14.2 An Event Outside Control means any act or event beyond our or a Retailer’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.3 If an Event Outside Control takes place that affects the performance of a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) the obligations under a Contract will be suspended and the time for performance of obligations will be extended for the duration of the Event Outside Control. Where the Event Outside Control affects delivery of Products to you, we or the relevant Retailer will arrange a new delivery date with you after the Event Outside Control is over.
14.4 You may cancel a Contract affected by an Event Outside Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange for a refund of the price you have paid, including any delivery charges.
15.Communications between us
15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16. Other important terms
16.1 You may only transfer your rights or your obligations under these Terms to another person if we or the relevant Retailer agree in writing.
16.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.3 If we or a Retailer fail to insist that you perform any of your obligations under these Terms, or if we or a Retailer do not enforce our rights against you, or if we or a Retailer delay in doing so, that will not mean that we or a Retailer have waived our rights against you and will not mean that you do not have to comply with those obligations. If we or a Retailer do waive a default by you, we or the relevant Retailer will only do so in writing, and that will not mean that we or the relevant Retailer will automatically waive any later default by you.
16.4 Please note that these Terms are governed by English law provided that where you are a consumer nothing in these Terms supersedes or replaces any mandatory laws that apply in your place of residence. You, we or a Retailer may bring legal proceedings under these Terms in the courts of your place of residence. Where you are a business customer the English courts will have non-exclusive jurisdiction.