TERMS & CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS ARE VALID BETWEEN YOU AND KA WA KEY (VAT Number: GB303351059) AND APPLY TO ALL USE OF AND ORDERS PLACED ON KA WA KEY WEBSITE KAWAKEY.COM, AND ORDERS MADE BY TELEPHONE, E-MAIL OR BY LIVE CHAT WITH KA WA KEY'S CUSTOMER SERVICE TEAM (HENCEFORTH TOGETHER: THE “WEBSITE”). PLEASE NOTE THAT KA WA KEY DOES NOT GUARANTEE THAT ALL PRODUCTS PRESENTED ON THE WEBSITE ARE IN STOCK OR ARE AVAILABLE FOR PURCHASE. KA WA KEY PRESERVES ITS RIGHT TO STOP SELLING A PRODUCT. ORDERS CAN ONLY BE PLACED BY PERSONS THAT ARE 18 YEARS OR OLDER. KA WA KEY RESERVES THE RIGHT TO REVISE THE TERMS AND CONDITIONS AT ANY TIME. EACH PURCHASE IS SUBJECT TO THE TERMS AND CONDITIONS IN THE VERSION APPLICABLE AT THE DATE OF SUBMITTING THE ORDER. PLEASE INFORM YOURSELF ABOUT THE APPLYING VERSION OF TERMS AND CONDITIONS BEFORE SUBMITTING YOUR ORDER. PLEASE NOTE THAT THE TERMS AND CONDITIONS VALID FOR YOUR ORDER IS ALWAYS THE TERMS AND CONDITIONS THAT YOU HAVE READ AND ACCEPTED BEFORE YOU HAVE PLACED YOUR ORDER AND NOT A LATER VERSION. YOU SHOULD KEEP A COPY OF THESE TERMS AND CONDITIONS FOR FUTURE REFERENCE.
THE LANGUAGE OF THE TERMS AND CONDITIONS IS ENGLISH.
These terms and conditions were updated on 20 April 2020. We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us.
Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
Products
The Products on the Website are owned and sold by KA WA KEY. KA WA KEY attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the Products on the Website are for illustrative purposes only. Although we attempt to display the colours and patterns accurately, we cannot guarantee that your computer's display of the colours and patterns accurately reflects the colour of the Products. PLEASE NOTE THAT DUE TO THE COLOR SETTINGS OF YOUR COMPUTER, THE COLORS OF THE PRODUCTS SHOWN IN THE PICTURES ON THE WEBSITE CAN DIFFER SOMEWHAT FROM THEIR ACTUAL COLORS. KA WA KEY CANNOT BE HELD RESPONSIBLE FOR ANY SUCH DISCREPANCY.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The Products sold are supplied for your domestic and private use only. You agree that you will not use the Products for any commercial, business or re-sale purposes. KA WA KEY has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Product availability
The offers of Products and prices of KA WA KEY are valid while they are visible on the Website, and subject to stocks availability.
Errors or modifications can exceptionally occur, notably in the event of simultaneous orders of the same Product by several Customers.
In the event the Product is found unavailable after placing the order, we shall inform you by e-mail or by telephone as soon as possible, by offering that you either order another Product available on the Website as a replacement, or cancels your order at no cost.
KA WA KEY shall not be held liable in the event of stock shortage or unavailability of Products for orders not yet accepted by KA WA KEY.
PRICES
All the orders are payable in GBP STERLING and must be settled immediately upon placing the order. THE PRICES AND DELIVERY COSTS SHOWN ON THE WEBSITE INCLUDE VAT, and excluding customs duties, for orders outside of the EU that shall be borne by the Customer. THE PRICES AND DELIVERY COSTS SHOWN ON THE WEBSITE MAY VARY FROM TIME TO TIME AND KA WA KEY IS NOT BOUND BY THE PRICE UNTIL KA WA KEY HAS ACCEPTED THE ORDER BY SENDING THE SHIPPING CONFIRMATION TO YOU.
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
PLACING ORDER
BY USING THE WEBSITE AND/OR PLACING AN ORDER ON THE WEBSITE, BY TELEPHONE OR E-MAIL YOU CONFIRM THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY, AND THAT YOU ACCEPT THEM. PLEASE MAKE SURE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS BEFORE YOU PLACE AN ORDER. AN ORDER CAN ONLY BE PLACED IF YOU HAVE PREVIOUSLY CONFIRMED THAT YOU ACCEPT THESE TERMS AND CONDITIONS. PLEASE NOTE THAT PRODUCTS IN YOUR SHOPPING BAG ARE NOT RESERVED AND MAY BE PURCHASED BY OTHER CUSTOMERS UNTIL YOU HAVE PLACED THE ORDER AT CHECKOUT AND RECEIVED THE ORDER CONFIRMATION EMAIL. You do, however, acknowledge that by clicking on the "Pay Now" button, you enter into an obligation to pay for the Product(s).
PAYMENT
ALL SALES ARE FINAL FROM THE MOMENT PAYMENT IS TAKEN. NO GOODS WILL BE SHIPPED WITHOUT PAYMENT. All the orders are payable in GBP STERLING. Payment for all orders must be made by credit or debit card on the checkout page.
We accept payment by most major credit and debit cards.
THE PURCHASES MADE WITH VISA AND MASTERCARD ARE VERIFIED BY A SECURE CODE. PLEASE NOTE THAT YOUR CARD IS DEBITED WITH THE PURCHASE AMOUNT ONCE YOU PLACE THE ORDER. ALL CREDIT/DEBIT CARD TRANSACTIONS ON THE WEBSITE ARE PROCESSED USING STRIPE, A SECURE ONLINE PAYMENT GATEWAY THAT ENCRYPTS YOUR CARD DETAILS IN A SECURE HOST ENVIRONMENT. Payment by cards is therefore completely secure (SSL). PAYMENT WILL BE DEBITED AND CLEARED FROM YOUR ACCOUNT ONCE YOU PLACE THE ORDER. YOU CONFIRM THAT THE CREDIT/DEBIT CARD THAT IS BEING USED IS YOURS OR THAT YOU HAVE BEEN SPECIFICALLY AUTHORIZED BY THE OWNER OF THE CREDIT/DEBIT CARD TO USE IT.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
ORDER CONFIRMATION
AFTER SUBMITTING YOUR ORDER, WE WILL SEND YOU AN ORDER CONFIRMATION E-MAIL WITH YOUR ORDER NUMBER, DETAILS OF THE PRODUCT OR PRODUCTS YOU HAVE ORDERED FROM US, YOUR PAYMENT DETAILS AND DELIVERY DETAILS. PLEASE NOTE THAT THE CONFIRMATION E-MAIL IS AN ACKNOWLEDGEMENT THAT WE HAVE RECEIVED YOUR ORDER AND IS NOT AN ACCEPTANCE OF THE ORDER.
DELIVERY
WE OFFER DIFFERENT SHIPPING METHODS TO MEET YOUR NEEDS AS FURTHER SPECIFIED WHEN YOU CHECK OUT.DISPATCH OF ORDERS MAY TAKE UP TO 7 BUSINESS DAYS BUT WE AIM TO DISPATCH ALL ORDERS WITHIN 24 HOURS DURING WEEKDAYS, OR 1-2 BUSINESS DAYS DURING SALES PERIODS. THE DELIVERY TIMES DO NOT TAKE INTO ACCOUNT POSSIBLE DELAYS CAUSED BY PAYMENT AUTHORISATION AND/OR ON THE PART OF THE SHIPPING COMPANY.
If the order reaches a certain volume KA WA KEY may send it to the Customer in several deliveries and/or several packages.
The average period between the placing or an order and its delivery is from 2 to 9 working days. This is an average period based on prior orders. Exceeding this period may not give rise to any cancellation of the order, reduction in the price paid by the Customer, or to any damages.
IF KA WA KEY FAILS TO DELIVER WITHIN 30 DAYS, YOU HAVE THE RIGHT TO CANCEL THE PURCHASE.
FOR SECURITY PURPOSES, KA WA KEY RESERVES THE RIGHT TO SHIP FIRST-TIME ORDERS TO THE CARDHOLDER'S VERIFIED BILLING ADDRESS OR WORK ADDRESS. TO AVOID DELAYS IN RECEIVING YOUR ORDER, PLEASE MAKE SURE TO PROVIDE THE CORRECT BILLING AND SHIPPING INFORMATION ASSOCIATED WITH YOUR CREDIT/DEBIT CARD WHEN PLACING AN ORDER.
KA WA KEY cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.
The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. You must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as you or a person of your choice, have signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.
In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, KA WA KEY cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, KA WA KEY shall be entitled to request that the Customer pay the corresponding fees for this second delivery. In the event that it is impossible to deliver and if the product must be returned to us by the carrier, we will not make any new delivery.
Risk and ownership
The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
RETURNS & EXCHANGE
KA WA KEY has a 14-day return & exchange policy: you have 14 days from when your order is delivered to ship/postmark it back to our return center for a refund or exchange. It is the customer’s responsibility to retain copies of all tracking information and to ensure that the returned goods arrive with KA WA KEY within the above stated timeframe.
Any claim regarding the delivery of Product(s) must be submitted in 14 working days following receipt of the Product(s). The merchandise must not be worn, altered or washed. They must be sent in their original condition (packaging, accessories, tag, etc.) and according to the following shipping conditions.
Please note we do not accept returns or exchanges on sale items.
Please note that we do not accept returns of socks and underwear for hygienic reasons. This does not affect your statutory rights.
Unfortunately, we cannot refund any taxes, duties, charges or the return and shipping fees. Refunds will also be set at the price you paid and not the price in the currency concerned at the date of refund.
Any parcel returned after the prescribed timeframe shall be refused and returned to the sender. No parcel returned as cash on delivery shipping shall be accepted, whatever the reason. The costs and risks pertaining to the return of Product(s) are borne by the sender.
We regret that we cannot be held responsible for anything lost or damaged in transit.
PLEASE NOTE THAT YOU MUST PAY THE SHIPPING COST FOR RETURNING THE PRODUCTS IN ACCORDANCE WITH YOUR RIGHT OF WITHDRAWAL AND EXCHANGE AND WE HAVE NO OBLIGATION TO PAY SUCH COSTS.
WE ARE ENTITED TO REFUSE REPAYMENT UNTIL WE HAVE RECOVERED THE PRODUCTS OR YOU HAVE EVIDENCED THAT YOU HAVE SENT THE PRODUCTS BACK TO US, WHICHEVER OCCURS FIRST.
REFUND PROCEDURES:
Please email: cs@kawakey.com to arrange shipment for any returns and to check availability of stock if you are seeking an exchange. No parcel shall be accepted if not asked to the customer service first.
You must use a tracked delivery service at your own cost to ensure easy confirmation of receipt. Close the box and tape it securely.
When your return has been accepted, your refund will be issued and you will receive a confirmation e-mail. Refunds will be credited to your account within 10 working days of receipt.
EXCHANGE PROCEDURES:
Please email: cs@kawakey.com to arrange shipment for any returns and to check availability of stock if you are seeking an exchange. No parcel shall be accepted if not asked to the customer service first.
You must use a tracked delivery service at your own cost to ensure easy confirmation of receipt. Close the box and tape it securely.
When your return has been accepted, your refund will be issued and you will receive a confirmation e-mail. Exchanges are only processed upon receipt of returned merchandise and are based on stock availability.
DEFECTIVE PRODUCTS
FOR ANY DEFECT OF CONFORMITY EXISTING UPON DELIVERY OF THE PRODUCTS, YOU WILL BENEFIT FROM ANY MANDATORY PROVISIONS OF, AND LEGAL RIGHTS AVAILABLE TO YOU UNDER, THE LAWS OF YOUR COUNTRY. NOTWITHSTANDING OF THE ABOVE, IF YOU RECEIVE DEFECTIVE PRODUCTS, PLEASE NOTIFY US IMMEDIATELY. IF KA WA KEY CONSIDERS THE PRODUCTS TO BE DEFECTIVE, KA WA KEY WILL MAKE A FULL REFUND INCLUDING SHIPPING COSTS. ANY OTHER RIGHTS YOU MAY HAVE SHALL REMAIN UNAFFECTED. ADDITIONAL GUARANTEES WITH RESPECT TO PRODUCTS OF KA WA KEY WILL APPLY ONLY IF EXPRESSLY STATED IN THE SHIPPING CONFIRMATION.
Intellectual property
All intellectual property rights in any content of the Site, including all documents, information, texts, graphs, images, videos, photographs, trade marks, logos or any other content published on our Website, ARE OWNED BY OR LICENSED TO KA WA KEY AND ITS AFFILIATES. YOU ARE AUTHORIZED TO USE THIS MATERIAL ONLY FOR PERSONAL, NON-COMMERCIAL PURPOSES. YOU MAY DOWNLOAD, PRINT AND STORE COPIES OF THIS MATERIAL FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE, PROVIDED THIS COPYRIGHT PERMISSION NOTICE IS INCLUDED IN ALL SUCH COPIES. YOU MAY NOT CHARGE ANYONE FOR USE OF THE MATERIAL AND YOU MAY NOT PUBLISH, DUPLICATE OR OTHERWISE DISTRIBUTE THE MATERIAL TO OTHERS WITHOUT PRIOR CONSENT FROM KA WA KEY. YOU MAY NOT MODIFY THE MATERIAL IN ANY WAY, WITHOUT THE PRIOR WRITTEN PERMISSION OF THE COPYRIGHT OWNER.
KA WA KEY is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed. the Customer expressly undertakes not to manufacture, sell, provide a licence or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to KA WA KEY.
Content
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk.
WE CANNOT PROMISE THAT THE CONTENT OF THE SITE IS FREE OF INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER CAN WE GUARANTEE THAT ALL INFORMATION IS UP-TO-DATE. WE MAY, AT ANY TIME, AMEND THE CONTENT OF THE SITE. ALTHOUGH WE STRIVE TO DISPLAY THE CORRECT TEXTS, IMAGES AND PRICING ON THE SITE AND ONLINE SHOP, ERRORS MAY OCCUR.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
PRIVACY POLICY
PLEASE SEE OUR SEPARATE PRIVACY POLICY WHICH CAN BE FOUND AT:
COOKIES
PLEASE SEE OUR SEPARATE COOKIE POLICY WHICH CAN BE FOUND AT:
External links
THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES BEYOND OUR REACH. WE ASSUME NO LIABILITY FOR CONTENT OR PRIVACY PRACTICES OF SUCH SITES. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
VIOLATION OF RULES
KA WA KEY RESERVES THE RIGHT TO SEEK ALL SOLUTIONS AVAILABLE TO US AGAINST VIOLATIONS OF THESE TERMS AND CONDITIONS, INCLUDING THE RIGHT TO BLOCK ACCESS TO THE SITE.
Limitation of liability
Nothing in these terms and conditions shall limit or exclude our liability to you:
For death or personal injury caused by our negligence;
For fraudulent misrepresentation;
For breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded
Under Part I of the Consumer Protection Act 1987; or
For any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
FORCE MAJEURE
KA WA KEY ASSUMES NO LIABILITY IN CASE OF FORCE MAJEURE SUCH AS WAR, CIVIL WAR, REVOLUTION, RIOT, GOVERNMENTAL MEASURES, STRIKE, LOCKOUT, BLOCKAGE, FAILURE OF ELECTRICITY, TELEPHONE OR INTERNET SERVICE, NATURAL DISASTERS OR SIMILAR EVENTS. In the situation where KA WA KEY is prevented or delayed by a force majeure case in honouring its commitments, KA WA KEY undertakes to inform the Customer within 72 hours by specifying the exact elements constituting the force majeure, the reasonably foreseeable period of delay or prevention. KA WA KEY shall then be exempt from the liability in connection with the non-performance or delay in performance of its obligations but undertakes to use its best efforts to resume full performance without further delay. In such a case of force majeure, KA WA KEY may exercise its discretionary right to terminate the order or any part thereof, without being held liable, except however that KA WA KEY shall be responsible to reimburse the Customer for any amounts already paid. In no event shall the Customer invoke a case of force majeure to release himself/herself/itself even temporarily from an obligation to pay a sum of money.
General
You may not transfer or assign any or all of your rights or obligations under any Contract.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
GOVERNING LAW
These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
CONTACTING US
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general by email to cs@kawakey.com or write to us at:
KA WA KEY
Unit 22, 32 Dalston Lane
London
United Kingdom
E8 3AU
