PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY CONTAIN
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions apply to your purchase from us via
this Website. You acknowledge that you are fully aware of the contents
of these terms and conditions and, on placing any purchase order for
any products, you agree to be bound by and accept these terms and
conditions.
1. Definition
(i) “Customer” means a person who orders Product(s) via this Website;
(ii) “Product(s)” means any products listed as shopping items on this Website;
(iv) “Seller” means kbnlii.com;
(v) “Website” or “this Website” means www.kbnlii.com.
2. Placing an Order
2.1. No information on this Website constitutes an
offer by Seller to supply any Product(s).
2.2. By placing an order via this Website, the
Customer makes an offer to purchase the Product(s) he or she has
ordered on these terms and conditions. Seller may or may not accept the
Customer's offer at the Seller's absolute discretion.
2.3. Upon receipt of the Customer’s order, Seller will
verify the availability of the Product(s) and the Customer’s credit
card or other payment details. Seller has not accepted the Customer’s
offer and is not obliged to supply the Product(s) until Seller has
shipped the Product(s) and sent an order confirmation to the Customer
by email.
3. Supply of Product(s)
3.1. Subject to these terms and conditions, Seller may
agree to supply the Customer with the Product(s) as specified in the
Customer’s order form submitted to Seller via this Website.
3.2. When Product(s) have been shipped pursuant to the Customer’s order, Seller will email the Customer to confirm shipment.
3.3. The pictures showing the Product(s) in this
Website may not be identical to the Product(s) as shipped to the
Customer. The Seller shall have the right to supply the Product(s)
which do not correspond to the pictures appearing in this Website,
provided that the said Product(s) perform substantially the same
function as described in this Website.
3.4. Seller shall have the right to make substitutions
and modifications of the specification of the Product(s) ordered by the
Customer, provided that such substitutions or modifications will not
materially affect the overall performance of the Product(s) or the type
of Product(s) ordered by the Customer.
4. Price and Payment
4.1. Pricing of Product(s) shall be the price as
stipulated on this Website at the time when the Customer places an
order with Seller.
4.2. All prices are shown in United States Dollars.
4.3. Upon placing an order with Seller, the Customer
shall provide to Seller his or her valid credit card number and other
billing information as requested by the Website. Seller will usually
charge the credit card on shipment of the Product(s). For other payment
methods, such as PayPal, Moneybookers or bank transfer payment, the
Seller will charge the Customer on confirmation of the order or prior
to shipment.
4.4. Seller will take all reasonable precautions to
keep the details of Customer's order and payment secure but Seller
cannot be held liable for any losses caused as a result of unauthorised
access to information provided by the Customer.
5. Delivery
5.1. Product(s) will be delivered to the delivery
address provided by the Customer. Seller will use its discretion in
selecting a reputable carrier and appropriate means of delivery.
5.2. Risk of loss and damage of Product(s) passes to
the Customer on the date when the Product(s) is/are despatched by
Seller to the carrier.
5.3. Any dates quoted by Seller for the delivery of
Product(s) are estimates only and shall not form part of the contract.
Seller aims to deliver promptly, however delays are occasionally
inevitable due to unforeseen factors. Seller shall be under no
liability for any delay or failure to deliver the Product(s) within the
estimated delivery time.
5.4. Seller will not be responsible for any tariffs,
customs restrictions, customs clearance, or other regulations that
apply in countries outside The United States of America. It is the responsibility of
Customer to pay the charges levied by the authorities and observe the
respective regulations of the country in which he or she receives the
Product(s).
5.5. If an order shipment is undeliverable, the
Product(s) ordered by the Customer will be returned to the Seller at
the Customer’s expense, as stock available for sale to other customers.
The returned Product(s) can be sold to other customers and the Seller
shall have no obligation to reserve or re-deliver the returned
Product(s) to the Customer.
6. Returns and Refunds
6.1. Subject to Clause 6.4 below, no Product(s) shall be returned to the Seller unless :-
(a) the Product(s) in question is defective;
(b) the Customer has completed and filed a Request for Return Form
(showing the order ID and other identifying numbers) with the Seller;
7. Changes
Seller reserves the right to update, revise or change these terms and
conditions, the price of the Product(s) and any other information
listed on this Website at any time. Any such changes will take effect
when posted on the Website and it is the Customer’s responsibility to
read the terms and conditions and confirm the price of the Product(s)
on each occasion when he/she uses this Website and the Customer’s
continued use of the Website shall signify his/her acceptance to be
bound by the latest terms and conditions.
8. Force Majeure
Seller shall not be liable for any delay or failure in its performance
caused by or resulting from acts of God, fire, flood, accident, riot,
war, government intervention, embargoes, strikes, labour difficulties,
equipment failures, or any other causes beyond the control of Seller.
Quantities are subject to availability. In the event of shortage,
Seller may allocate sales and deliveries at its sole discretion.
9. Intellectual Property
9.1. The Customer acknowledges and agrees that all
copyright, trademarks and all other intellectual property rights in all
materials and/or content made available as part of the Customer’s use
of this Website shall remain at all times vested in Seller or its
licensors. The Customer is permitted to use this material only as
expressly authorised by Seller or its licensors.
9.2. The Customer acknowledges and agrees that the
material and content contained within this Website is made available
for their personal non-commercial use only and that they may only
download such material and content for the purpose of using this
Website. The Customer further acknowledges that any other use of the
material and content of this Website is strictly prohibited and they
agree not to (and agree not to assist or facilitate any third party to)
copy, reproduce, transmit, publish, display, distribute, commercially
exploit or create derivative works of such material and content.
9.3. The prices of the Product(s) paid by the Customer
are for the Product(s) and the services described herein and do not
include technical data, copyright, trademarks, or other intellectual
property rights or proprietary rights of any kind subsisting in the
Product(s) or their packaging.
10. Liability
10.1. All Product(s) provided in connection with this
Website are on an “as is” and “as available” basis. Except as otherwise
expressly agreed, Seller makes no representations, warranties,
covenants or guarantees of any kind, express or implied, as to the
quality, suitability, accuracy or completeness of any information,
content, service, or merchandise provided through this Website.
Customer expressly agrees that the use of this Website is at his or her
sole risk.
10.2. To the full extent permissible by applicable
law, Seller disclaims all express or implied conditions,
representations and warranties, including but not limited to, any
implied warranty of merchantability, non-infringement and fitness for a
particular purpose.
10.3. Subject to this Clause, Seller will not be
liable for any loss of income, loss of profits, loss of contracts, loss
of data or for any indirect or consequential loss or damage or any kind
whatsoever arising and whether caused by tort, breach of contract or
otherwise.
10.4. Subject to this Clause, Seller’s maximum
aggregate liability whether in contract, tort (including negligence) or
otherwise shall in no circumstances exceed the amount payable by the
Customer to Seller in respect of the Product(s) in question.
11. Waiver/Invalidity
Failure of Seller to insist upon strict performance of any provisions
hereof shall not be deemed a waiver of its right and remedies. The
invalidity or unenforceability of any provision of these terms and
conditions shall not adversely affect the validity or enforceability of
the remaining provisions.
12. Headings
The section headings used herein are for convenience or reference only
and do not form a part of these terms and conditions, and no
construction or inference shall be derived therefrom.
13. Entire Agreement
These terms and conditions including the documents or other
sources referred to in these terms and conditions supersede all prior
representations understandings and agreements between the Customer and
Seller relating to the sale and purchase of the Product(s) ordered by
the Customer.
all sales are final !!!
|