Terms & Conditions
These Terms and Conditions shall apply to all contracts entered into by K&C Fashion Trading Ltd, a company incorporated and registered in England and Wales with company number 10400769, whose registered office is at Charles House, 5-11 Regent Street, St James's, London, United Kingdom, SW1Y 4LR. By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this Website and are to cease using it immediately.
When we receive your order you will receive an automated e-mail reply acknowledging receipt. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. No contract shall come into existence until we have accepted your order. Your order will be accepted by us by way of a confirmatory e-mail (the “Confirmation of Order”) which will confirm that we are able to send you the Products you have ordered, the price and the estimated delivery date. Confirmation of Order shall contain all of the information regarding the Products you have ordered. You must immediately check the details contained in the Confirmation of Order and we advise you to print and keep a copy of it. You are able to correct errors in your order up to the point at which you click [“submit”] on your order.
Your statutory rights shall remain unaffected by these Terms and Conditions, and except in accordance with these Terms and Conditions all purchases are non-exchangeable, non-refundable and non-transferable.
Subject to the paragraph above, to the maximum extent permitted by law, CHAOS excludes all other terms, conditions and warranties in relation to the provision of goods through our Website whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
Every care has been taken by us in the preparation of the content of our Website, in particular to ensure that prices quoted are accurate at the time of posting the product on the Website and that all products are fairly described. However, your order may not be accepted if there are material errors in the description of the Products you have ordered or their prices. All prices and offers are subject to change.
We have aimed to ensure that the colours of our Products appearing on our website are as near as possible to the colour of the Product. However, the actual colours you see will depend on your computer equipment, and accordingly, we are unable to guarantee the precise colour of the Product on delivery.
All Products are subject to availability. We will inform you as soon as reasonably possible in the event that the Products you have ordered are unavailable. In the event that the Products that you have ordered are unavailable a full refund will be offered.
After we have accepted your order, we will aim to deliver the Products as soon as possible in accordance with our Shipping and Delivery Policy.
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond our reasonable control.
All prices are displayed on the website in either UK sterling, US dollars or EU euros. Unless otherwise indicated these are inclusive of VAT. Payments can be made in either UK sterling, US dollars or EU euros via a debit or credit card. Please note only orders with a valid US billing and shipping address can pay in US dollars.
You confirm that the debit or credit card or payment method that is being used is yours and that all details you provide to us in respect thereof are complete, correct and accurate. You further confirm that the debit or credit card is valid and the inputted payment details are correct. All debit or credit card holders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery.
If your credit or debit card or other payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a currency other than the currency of your purchase as displayed on the Website.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit or debit card payment or other method of payment in accordance with your order.
We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. We will not be obliged to supply Products at an incorrect price. If we have taken advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the Product has not been shipped.
CHAOS may vary the prices of Products listed on the Website at any time and without any notice, but such changes will not apply to Products in respect of which you have been sent a Confirmation of Order.
Insurance and Handling will be charged at 2.5% (UK & Europe) or 10% (Rest of World) on your total purchase price at checkout. This will subsidise tax, duty, credit card fees, insurance in transit and handling.
Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
Returns and Refunds
Should you wish to cancel or return any Product, you may only do so in accordance with our Returns / Refunds Policy. This Returns / Refunds Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Products are shipped).
Nothing in these Terms and Conditions limits or excludes liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law.
Subject to the paragraph above, we shall not in any circumstances be liable, whether in contract or tort, to you for any direct, indirect or consequential loss or damage arising from the sale or use of our Products including without limitation loss of profits, damage to property or loss of contracts. In all cases our entire liability, howsoever arising, shall be limited to damages which shall not exceed the price paid for the goods in respect of which the claim has arisen.
We do not accept any responsibility for any amendments or changes we may make to the information contained in our Website, and we reserve the right to alter these Terms and Conditions or the information contained in this Website at any time. Any changes made to these Terms and Conditions shall be highlighted, and all purchases made from the date of the amendments shall be subject to the replacement Terms and Conditions. Should you continue to use the Website once we have highlighted the changes, you shall be deemed to have accepted all of the amendments we have made.
You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
We shall not be liable to any person for any loss or damage whatsoever which may arise from the use of any of the information contained in any of the materials on this Website.
All of the rights, including copyright and database rights, contained in this Website are either owned or licensed by us and you must not copy or dispatch any of the information contained in it. You further agree that you shall only use the Website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent.
In the event of us accepting instructions to produce goods to a specification not forming part of our own range of specifications, then you warrant to us that all copyright, patent, design and other intellectual property rights in such goods are your property or that you are licensed to use them. You shall fully indemnify us and keep us indemnified from and against all claim, demands, damages and expenses incurred by us arising out of any infringement or alleged infringement of such rights in respect of the goods produced to such specifications as foresaid. In the event that you fail to take delivery of whole or part of any order produced to such specification as aforesaid then we shall be entitled to sell such goods on our own behalf, and you will nevertheless fully indemnify us as aforesaid.
Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and not affect the enforceability of any of the other provisions of these Terms and Conditions.
Governing law and jurisdiction
These Terms and Conditions and all transactions relating to the Website are governed by English law, and any dispute or claim associated with these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
We each acknowledge that, in agreeing to these Terms and Conditions, neither of us relies on any statement, representation, assurance or warranty (“Representations”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms and Conditions.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This section does not affect your statutory rights.
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
CHAOS is the data controller for the purpose of the Data Protection Act 1998. You have the right to access the information that CHAOS holds about you. You may lodge an access request for free, but depending on the personal information you request, we may impose a charge to recover our reasonable costs in providing you with details of the information we hold about you. We will notify you of any such charge upon receiving your access request, and confirm whether you wish to proceed and pay such charge.
If you have any questions or feedback about these Terms and Conditions, or if you would like us to stop processing your information, please do not hesitate to contact us at firstname.lastname@example.org.