Terms and Conditions of Supply
LAST UPDATED: 14th November 2015
This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website, www.kano.me (the “Website”).
These Terms will apply to any contract between us 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 the Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
You should print a copy of these Terms or save them to your computer for future reference.
1. Information about us
1.1 We are Kano Computing Limited, a company registered in England and Wales under company number 08375450 and with our registered office at 3 Finsbury Ave - Floor 4, London, EC2M 2PA, United Kingdom. Our VAT number is 159 5325 86.
1.2 To contact us, please see email us at firstname.lastname@example.org.
1.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2. Our products
2.1 The images of the Products on the Website 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. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on the Website.
2.3 All Products shown on the Website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.4 Time is not of the essence for any obligation in this agreement.
3. Use of the website
4. How we use your personal information
The following clause 5.1 only applies to you if you are a consumer
5.1 You may only purchase Products from the Website if you are at least 18 years old or have the consent from a parent or guardian.
The following clauses 5.2 – 5.4 only apply to you if you are a business
5.2 You confirm that you have authority to bind any business on whose behalf you use the Website to purchase Products.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. How the contract is formed between you and us
6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 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. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website as referred to in clause 12, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Our right to vary these terms
7.1 We may revise these Terms from time to time. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
7.2 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. Your right of return and our refund policy
Clauses 8.1 – 8.3 apply where you have returned the product because of a change of mind
8.1 If you change your mind or for any other reason you decide you do not want to keep a Product, please let us know you wish to cancel the Contract by sending an email to email@example.com, setting out full details of your order to help us identify it. We will then respond with a returns address for you to send the Product back to us (see clause 8.3 for more detail here). Provided we receive the notice of cancellation and the returned Product within 30 days from the date the Product was delivered to you, we will refund you the full amount of the Product as soon as practicable, subject to the following:
(a) you will not be entitled to a refund if the Product is sealed audio or sealed video recordings or sealed computer software, and the Product has become unsealed after delivery;
(b) we reserve the right to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling of them in a way which would not have been permitted in a shop. If we refund you before we are able to inspect the Product and later discover that you have handled the Product in an unacceptable way, you must pay us an appropriate amount;
(c) we will refund any delivery costs you have paid in receiving the Product, but only according to the least expensive delivery method we offer (provided that this method is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost, but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
(d) you will be charged a re-stocking fee equivalent to 15% of the Product price (meaning you will only receive a refund of 85% of the cost of the Product) if you are: (i) a business; or (ii) a consumer and you only notify us of your wish to cancel the Contract 15 or more days after the date the Product was delivered to you (but still within the 30 day period);
(e) if we do not receive the returned Product within 30 days of the date the Product was delivered to you, but you are a consumer and you can prove that you sent the Product to us within 14 days of letting us know that you wish to end the Contract, we will still honour our refund policy (subject to the other conditions being met);
(f) if you returned the Products to us because they were faulty or mis-described, please see clause 8.4 - 8.6.
8.2 We will refund you on the credit card or debit card (or other payment method) used by you to pay.
8.3 If the Products were delivered to you before you notify us of your intention to cancel the Contract:
(a) you must return the Products to us in its original packaging using a tracked mail service at the returns address we notify to you (as per clause 8.1) as soon as reasonably practicable;
(b) you will be responsible for the cost of returning the Products to us;
(c) you must keep the Products in your possession and take reasonable care of the Products while they are in your possession.
SUMMARY OF REFUND POLICY WHERE YOU HAVE CHANGED YOUR MIND
|Consumer||Cancel Contract within 0-14 days of receiving the Product and send off the Product for return to Kano within 14 days of such notice.||Full refund plus delivery costs of Kano sending Product to you.|
|Consumer||Cancel Contract and return Product within 15-30 days of receiving the Product.||Partial refund of 85% Product price plus delivery costs of Kano sending Product to you.|
|Business||Cancel Contract and return the Product within 30 days of delivery of the Product.||Partial refund of 85% Product price plus delivery costs of Kano sending Product to you.|
Clauses 8.4 – 8.6 apply where you are returning the Product because it is faulty or not as described
8.4 As a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. You also have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8.1-8.3 or anything else in these Terms.
8.5 If your Product is faulty or not as described, you may have a legal right to get the Product repaired or replaced free of charge or to get some or all of your money back. In such circumstance, you must return the Product to us (at an address we will notify to you) using a tracked mail service – this will be at our expense. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.6 See clauses 14 and 15 to understand more about guarantees which may be available to you.
9.1 Your order will be fulfilled by the delivery deadline made clear to you during the order process.
9.2 If our supply of the Product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received.
9.3 Delivery will be completed when we deliver the Products to the address you gave us.
9.4 The Products will be your responsibility from the completion of delivery.
9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
9.6 If we miss the delivery deadline, then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Product;
(b) delivery within the estimated delivery deadline was essential taking into account all relevant circumstances; or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
9.7 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.5, you can give us a new deadline for delivery (which must be reasonable) and you can cancel your order if we do not meet the new deadline.
9.8 If you choose to cancel your order for late delivery under clause 9.6 or 9.7 and the Product has been delivered to you, you will have to return the Product to us or allow us to collect them. Such delivery/ pick up will be at our cost. After you cancel your order, we will refund any sums you have paid to us for the cancelled Product and their delivery to you.
10. International Delivery
10.1 We do not deliver to all countries outside of the United Kingdom. To check the list of current available delivery destinations, please refer to https://help.kano.me/hc/en-us/articles/201620761-What-countries-do-you-ship-to-.
10.2 If you order Products from the Website for delivery to a destination outside of the United Kingdom, 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.
10.3 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.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11.1 You acknowledge and agree that where you pre-order Products from us:
(a) processing of pre-orders may begin earlier than the release date to ensure that orders can be shipped to you as soon as possible;
(b) if your delivery address changes, you must notify us as soon as possible;
(b) Kano will use its reasonable endeavours to deliver the Product to you but does not provide any promises or guarantees that it will do so. In the event that Kano has to cancel your order, we shall provide you with a full refund;
(c) Kano cannot promise when the Product will be delivered and any date of delivery provided by us is an estimate only; and
(d) technical specifications of pre-order products under development are subject to change.
12. Price of products and delivery charges
12.1 The prices of the Products will be as quoted on the Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 12.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order, which we have confirmed with a Dispatch Confirmation.
12.3 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.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on the Website from time to time. To check relevant delivery charges, please refer to the shop page of our Website.
12.5 It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Product's correct price is less than the price stated on the Website, we will charge the lower amount when dispatching the Products to you; and
(b) if the Product's correct price is higher than the price stated on the Website, we will contact you as soon as possible 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. We will not process your order until we have your instructions. If we 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
13. How to pay
13.1 We generally accept all major credit and debit cards and other common internet payment methods. To check the list of available payment methods, please refer to the shop page of our Website.
13.2 Payment for the Products and all applicable delivery charges is in advance. We will charge your payment instrument as soon as you place your order.
14. Manufacturer guarantees
14.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
14.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
15. Our warranty for the products
15.1 For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery, and for a period of 12 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
15.3 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
16.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by the Sale of Goods Act 1979 which cannot be excluded; or
(d) defective products under the Consumer Protection Act 1987; or
(e) any other liabilities which cannot be limited or excluded by law.16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to clause 16.2 and clause 16.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Products to you for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by the Consumer Rights Act 2015 which cannot be excluded;
(d) defective products under the Consumer Protection Act 1987;
(e) any other liabilities which cannot be limited or excluded by law.
18. Other important terms
18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 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.
18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.