1. Use of www.kangular.com website
1.1 The Kangular website is provided to you free of charge for your personal use subject to these Terms and Conditions of Use. By using the kangular.com website you agree to be bound by these Terms and Conditions of Use.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Privacy and Status
We will record your personal details for the purpose of processing your order and for a reasonable period after your order is completed as required for audit and record-keeping purposes. By using this site, you consent to such processing, and confirm that the information you provide is complete and accurate. By placing an order, you also represent and warrant to us that you are legally capable of entering into a binding contract, that you are at least 18 years old, that you are resident in the UK and that you are accessing our site from the UK.
3. Ordering goods
3.1 We must receive payment of the whole of the price for the goods that you order before your order can be processed. Once payment has been received by us we will confirm that we are sure that the goods ordered are available in stock by sending an email to you at the email address you provided. We will then dispatch the goods to the address provided in your order. In the unlikely event that the goods ordered are not available, we shall email you at the email address you provided and arrange for your payment to be re-credited to your account within 7 days. Until and unless you have received confirmation that we are able to accept your order, that the goods are available, and that they have been dispatched, there is no contract between us, and we will not be liable to you if we are unable to accept or fulfil your order.
3.2 If you order goods from third party sellers through our site, please note that any contract is between you and those third party sellers and we shall have no liability for any matters arising from such contract.
4. Price, Quantity and Delivery
4.1 The prices payable for goods that you order are as set out in our website.
4.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our terms of delivery, delivery charges and restricted delivery areas are fully detailed in our delivery policy, which you should read before confirming your order.
4.3 We cannot be held responsible for under or over ordering. Whilst every attempt has been made to provide you with the ability to accurately calculate your product requirements, we recommend you check all area and/or quantity calculations prior to confirming your order.
4.4 All goods sold by us via this website are sold subject to our Terms and Conditions of sale, and you will be required to confirm that you have read and accepted these Terms and Conditions of Sale when you place any order. The express provisions of these Terms and Conditions of Use will also apply to the extent they supplement or amend the Terms and Conditions of Sale.
5. Right for you to cancel your contract
The right of cancellation set out in this Clause 5 applies if you are purchasing goods as a consumer. It does not apply to purchases in the course of your business.
5.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods by emailing or writing to us at the address given in our returns Policy. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
5.2 The provisions of our returns policy apply to all returns and cancellations.
5.3 If you have received the goods before you cancel your contract then you must arrange for collection by Kangular.com.
5.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are collected by us in the condition they were in when delivered to you. We shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6. Cancellation by us
6.1 We reserve the right to cancel the contract between us if:
• 6.1.1 we have insufficient stock to deliver the goods you have ordered;
• 6.1.2 we do not deliver to your area; or
• 6.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we do cancel your contract we will notify you by email and will recredit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Our liability to you
7.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, you must notify us in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.
7.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, you must notify us in writing at our contact address of the problem within 30 days of the date on which you ordered the goods.
7.3 Our Terms and Conditions of Sale govern our liability in connection with the goods.
7.4 We will have no liability to users of the site in connection with the following:
• incompatibility of the Kangular website with any of your equipment, software or telecommunications links
• technical problems including errors or interruptions of the Kangular website, viruses or other technologically harmful material that may affect your equipment;
• unsuitability, unreliability or inaccuracy of the Kangular website
• inadequacy of the Kangular website to meet your requirements
To the fullest extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Kangular website and/or your use of the site.
8. Information about us, and notices
The Kangular website, having its registered office at Kangular 20-22 Wenlock Road, London N1 7GU. Tel 0208 0128 2884 Email: firstname.lastname@example.org
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Kangular, 20-22 Wenlock Road, London N1 7GU Tel: 0208 0128 2884 Email: email@example.com
9. Accessing and using the site
9.1 You may not use the Kangular website for any of the following purposes:
• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems • interfering with any other person’s use or enjoyment of the Kangular website
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or websites connected to the Kangular website
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
9.2 You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of the Kangular website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the Kangular website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Kangular website by you.
9.3 Although Kangular aims to offer you the best service possible, we cannot guarantee that the service will be fault free or fully meet your requirements. If a fault occurs in the service you should report it by email to us at firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can. Access to the Kangular website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Kangular will attempt to restore the service as soon as it reasonably can but will have no liability if the site is unavailable or not fully functional for any period.
9.4 Your access to the Kangular website is at your own risk and we cannot provide any warranties or guarantees associated with your use of the Internet. You are responsible for keeping confidential any password or identification code given to you as part of our security processes and for all information supplied by you.
9.5 Where the Kangular website provides content from other internet sites or resources, these links are provided for information only and we have no control over the content of, or use of, those sites. Although Kangular tries to ensure that material included on the Kangular site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case, nor for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience.
10. Intellectual Property
10.1 We own or are the licensee of all intellectual property rights in the Kangular website and the material published on it. These rights are protected by copyright, trade marks, database and other intellectual property rights worldwide. You may retrieve and display the content of the Kangular website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own
personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Kangular website without obtaining a written licence from the Patent Holders.
10.2 No licence is granted to you to use any trade mark belonging to Patent owners or its affiliated companies including, without limitation, the trade mark and/or trading name “Kangular”.
11. General terms
11.1 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11.2 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11.3 No waiver of any term or condition will be effective unless communicated to you in writing, and no failure on our part to enforce any rights shall preclude us from taking action or exercising our rights and remedies nor shall it release you from your obligations.
We reserve the right to change these terms and conditions and/or any policy referred to from time to time, and your dealings with us will be governed by those terms, conditions and policies stated to be applicable at the time of confirmation of your order.
12. Governing law
Contracts for purchases through the Kangular website shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.