Terms & Conditions For Sale of Goods
Effective Date: 03/10/2020 (Version 1.0)
1. This website is owned and operated by Kese Cushions trading as “Kese
2. Please read these terms and conditions carefully. They apply when you buy any goods via this site. (There are separate terms which apply to your use of our site.) Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
3. Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
4. We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below
affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You
can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.
5. We may change these terms and conditions at any time by posting a new version on our site and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective
2. Right to cancel
1. If you are an EU Consumer, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our website.
2. There is no right to cancel contracts for the supply of goods liable to deteriorate or expire rapidly.
3. If you do have the right to cancel, the following instructions apply:
4. You have the right to cancel this contract within 14 days without giving any reason.
5. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
6. To exercise, you must inform us of your decision to cancel this contract by a clear action or statement. This includes contacting our customer care team via email requesting for your account to be cancelled.
7. To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
3. Minor variations in goods
1. We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance of our goods.
2. The colours of the goods you receive may differ slightly from the images of these which you see on our site. 3. Products are made by hand therefore no two pieces are identical. Slight imperfections are to be expected with the nature of the fabrics used.
4. Your order
1. Your order is an offer to buy from us on a one-off basis. 2. You place your order by using the ordering process on our website or our digital
services including but not limited to our apps (the term “website” shall hereafter refer to the website and our other digital services). This involves making the selection on our site and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any errors before making
an order by using the change function and/or the internet browser back button.
3. You must ensure that your order and any other information you supply to us is
correct and you must promptly update us if there are any changes.
4. We will send you a confirmation email after your order and this constitutes our acceptance and is the point at which a binding legal contract is formed.
5. We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange a credit if you have been charged.
6. The default method of communication for all correspondence from us will be over email, using the email provided on your account. In certain circumstances we may need to contact you over phone instead.
5. Payment and price
1. The price for the goods is as stated on our site at the time you order. VAT or sales tax is included unless we say otherwise.
2. The following only applies if we charge for delivery: Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen.
3. Payment is required in advance as explained below.
4. You authorise us and our third-party payment providers to take payment and/or to charge your payment card for the relevant amounts and at the relevant times.
Despatch of the goods is subject to our being able to charge your payment card. It is your responsibility to update your payment card details as necessary. A
nominal (1p) charge may be incurred if you change your payment card details.
5. You must contact us immediately with full details if you dispute any payment.
6. Discount codes and credits
1. We may offer discount codes from time to time. All discount codes refer to the price excluding (if applicable) delivery surcharges and any additional clearly marked surcharges. Such codes may only be applied to purchases made through
the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively, and (3) can only be redeemed once per customer. Also, you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is at our sole discretion.
2. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
3. We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these terms or is otherwise being abused.
1. Delivery will be complete when we hand over ordered items to our delivery contractors to deliver to the address which you specify when ordering.
2. Unless otherwise stated, delivery dates given on our website are estimates only. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.
3. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we will use reasonable efforts to follow any special delivery instructions you have provided.
8. Risk and ownership
1. Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods.
1. We may cancel this agreement immediately by email notice at any time if any amount due to us is unpaid, or unjustifiably charged back, or if your account is inactive for more than 6 months.
2. You may cancel this agreement at any time within your account on our website.
3. In the event of termination of this agreement, we are entitled to delete your account including any unused credit. We will deliver any outstanding orders and take payment accordingly if the agreement was terminated after a relevant cut-off date.
1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for
anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
2. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
3. The following clauses apply only if you are a Consumer:
1. We are not responsible for any loss or damage caused by us or our
employees or agents in circumstances where:
1. there is no breach of a legal duty of care owed to you by us or by
any of our employees or agents;
2. such loss or damage was not foreseeable (meaning it was not an
obvious consequence of our breach or not contemplated by you
and us at the time we entered into this contract);
3. such loss or damage is caused by you, for example by not
complying with this agreement; or
4. such loss or damage relates to a business (as we do not intend
for goods bought by Consumers to be used for business).
2. You will be responsible to us for any reasonably foreseeable loss or
damage we suffer arising from your breach of this agreement (subject of
course to our obligation to mitigate any losses).
4. The following clauses apply only if you are not a Consumer:
1. Our liability of any kind (including our own negligence) is limited to the
price paid for the goods
2. In no event (including our own negligence) will we be liable for any:
1. economic losses (including, without limit, loss of revenues, profits,
contracts, business or anticipated savings);
2. loss of goodwill or reputation;
3. special, indirect or consequential losses; or
4. damage to or loss of data
5. (even if we have been advised of the possibility of such losses).
3. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement.
4. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
5. This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or
agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-
contractual statements. Liability for misrepresentation (excluding
fraudulent misrepresentation) relating to the terms of this agreement is
11. Events outside our control
1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
1. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.
13. English law
1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement).
Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party, but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.
2. By placing an order, you are confirming that you are 18 years of age or older and that the supply of alcohol shall not be to anyone under the age of 18 years of age. We cannot sell age-restricted products to anyone under the age of 18 and you will be asked to confirm your age before purchasing such products.
1. If you have any complaints, please contact us using one of the methods on our contact page.
16. Company information
1. Company name: Kese Cushions
2. Contact information: See our website.