Terms and Conditions
Thank you for accessing our KIVU website (the Website).
Please read these terms and conditions (the "Terms") before using the Website. The Website is operated by Kivu LIMITED, with registered office at Primrose Cottage, Fleet Hill, Finchampstead, Wokingham RG40 4LH UK, ("Kivu" or Us" or "Our") available at the following email firstname.lastname@example.org (the "Website").
These Terms include a section defined "General Conditions of Sale" or "Sales Conditions" which tells you information about us and the conditions under which We sell to visitors of the Website ("You") any of our skincare products from the United Kingdom listed on our Website ("Products").
LINKS TO THE WEBSITE
Websites or pages to which the Website is linked are for information only and have not been reviewed by Kivu. Kivu has no responsibility for the Content of the websites or pages linked or linking to this Website, and Kivu accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location on any linked websites.
TERMINATION AND CHANGES TO THE WEBSITE
By using the Website, You signify your acceptance of the Terms in consideration of which KIVU provides You with access.
Either You or KIVU may terminate these Terms with or without cause at any time.
On termination, You shall destroy all Content, and copies thereof, obtained from the Website.
You accept that KIVU has the right to change the Content or the Terms at any time at KIVU's sole discretion. You further accept that such changes may result in your being unable to access the Website.
Every time you wish to access the Website or order Products from KIVU, please check these Terms to ensure you understand the terms which will apply at that time. These Terms and any Contract between us are only in the English language.
The Website, including (but not limited to) text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks and other material ("Content") is protected by copyrights, trade marks and/or other proprietary rights. The Content includes both content owned or controlled by KIVU and content owned or controlled by third parties and licensed to KIVU. All individual articles, reports, and other elements making up the Website may be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
You may not use any of KIVU trademarks or trade names without KIVU's prior express written consent and you acknowledge that you have no ownership rights in and to any of those names and marks.
You agree to notify KIVU in writing promptly upon becoming aware of any unauthorized access to or use of the Website by any party or of any claim that the Website or any of the contents of the Website infringes any copyright, trademark, or other contractual, statutory or common law rights of any party.
LICENCE AND DOWNLOAD RIGHTS
You acquire no rights or licenses in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms and to download on the terms set out in this section. Other than as set out in this section you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
Additionally, you may not offer for sale, sell, or distribute over any other medium (including distribution by over-the-air television or radio broadcast or distribution on a computer network) the Content or any part thereof. You may not make any part of the Website available as part of another website, whether by hyperlink framing on the internet or otherwise. The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database websites containing all or part of the Website.
If you would like information about obtaining KIVU's permission to use any of the Content or if you would like to link your Website to the Website, email your enquiry to email@example.com.
The Website and the Content are provided as they are.
No warranties of any kind are provided, either express or implied, to the fullest extent permissible under applicable law including (but not limited to) the exclusion of warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. KIVU further accepts no responsibility or liability for functions contained on the Website, and it makes no warranties that the Website will operate uninterrupted or error-free or that defects will be corrected. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to You.
KIVU does not warrant that the Website is compatible with your computer equipment or that the Website, or its server is free of errors or viruses, worms or "Trojan horses".
KIVU is not liable for any damage you may suffer as a result of such destructive features.
KIVU shall not be held responsible for Content provided by third parties. KIVU is also not responsible for the reliability or continued availability of the telephone lines and equipment You use to access the Website.
These Terms do not affect your statutory rights or Your legal rights as a consumer.
LIMITATION OF LIABILITY
You acknowledge that Your use of the Website, including the Content is at Your own risk. If You are dissatisfied with the Website, the Terms, or, any of the Content your sole remedy is to discontinue use of the Website.
Except in case of fraud and of personal injury or death or to the extent it results from KIVU negligence, in no event will KIVU be liable to You or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty (including negligence) or otherwise, even if KIVU has been advised of the possibility thereof. Applicable law may not allow the limitation or exclusion of liability for consequential or incidental damages, so this limitation or exclusion may not apply to you.
You agree to indemnify, defend, and hold harmless KIVU, from and against any claims, actions, demands or other proceedings brought against KIVU, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with:
- Your use of the Website;
- any breach by You of the Terms;
- a claim that any use of the Website by you (
- aa) infringes any intellectual property rights of any third party, or any right of personality or publicity, or
- is libelous or defamatory, or otherwise results in injury or damage to any third party;
- any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Website by you; or
- any misrepresentation or breach of representation or warranty made by you contained herein.
References in this Terms to Your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using Your computer.
No waiver by KIVU of any breach of any obligation arising under these Terms shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by KIVU of any remedy shall constitute a waiver of the right subsequently to exercise that or any other solution.
GOVERNING LAW AND JURISDICTION
The Terms are governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
GENERAL CONDITIONS OF SALE
All orders for Products offered on the Website imply the consultation and express acceptance of these General Conditions of Sale, without said approval being contingent on you providing a hand-written signature.
Following the provisions of Regulations 9 and 11 of The Electronic Commerce (EC Directive) Regulations 2002 which govern the formation of electronic contracts in the United Kingdom, the recording and validation of the order form, as specified in Clause 6 ("Placing an Order") below, constitutes the placing of order between us for the purchase of the ordered Products.
These Terms will apply to any contract of sale of Products through the Website ("Contract").
Please note that before placing an order, You will be asked to agree to these General Conditions of Sales. If You refuse to accept such Sales Conditions, You will not be able to order any Products from our Website.
Products are intended for Your personal use, in no direct relation to your professional activity. Moreover, you may only order a maximum of five (5) Products with the same reference per day.
You may only purchase Products from our Website if you are at least 18 years old. For any information related to our products, please contact our Customer Care Department by email at firstname.lastname@example.org.
AREAS OF DELIVERY
Products ordered by You on our Website shall be delivered in the United Kingdom and throughout Europe except for Switzerland.
These General Conditions of Sale determine all the steps required to place an order, as described in the following Paragraph "Order Terms and Conditions," and ensure the follow-up of said order between the parties.
The Products KIVU offers for sale are those listed on the Website, on the date you consult the Website, within the limit of available stock, and subject to these Terms. All Products should be kept out of the reach of children (individuals under 16 years of age).
The images of the Products on our Website are for illustrative purposes only. The photos that illustrate the Products do not fall within the scope of the Contract and KIVU's liability may not be incurred in connection with any such error. Products purchased may vary slightly from images on our Website.
The packaging of the Products may vary from that shown on images on our Website.
Products are offered subject to availability. If a Product is not available, You shall be informed thereof as soon as possible. Such information may be provided to You:
- at the time of placing Your order. If a Product that can be bought online is unavailable it will state that the desired Product is out of stock; or
- following the validation of your order. If a Product becomes unavailable prior to delivery, You will be contacted via email.
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 on our Website, we will inform You of this by email. You can decide how You wish to proceed with your order or let us know if You want to cancel your order.
If you have already paid for the Products, KIVU will take the necessary steps with KIVU's designated payment partners, to deduct the price(s) of the Product(s) that is/are unavailable from the amount debited from your bank account as soon as possible. If none of the items ordered are available, we will also refund any delivery costs charged as soon as possible.
KIVU may not be held liable if Products are out of stock or unavailable.
Retention of title and risk:
- Product(s) ordered shall remain the property of KIVU until full receipt of the purchase price and all applicable delivery charges by KIVU. If Products have been delivered to You and a payment incident occurs or in the event of incomplete or partial payment, You undertake, at your cost, to return the Products to us at our first request.
- On the delivery date, the risks (in particular of theft or damage) concerning the Products are transferred to You.
PRICES AND PAYMENT
The prices of the Products are in Euro, you may be charged in GPB if you choose this option on the website.We use our best efforts to ensure that the costs of Products are correct at the time of completing an order. However, please see further for what happens if We discover an error in the price of the Product(s) You ordered.
The price Product includes VAT at the applicable rate chargeable in the UK on the date of the order. In the event that You are using a valid promotional code provided by KIVU, this cannot be used in conjunction with another offer or promotion. The price invoiced to You is the price stated on the Dispatch Confirmation (as defined below) sent via email by KIVU. The prices given do not include the delivery costs, which will also be invoiced and specified to You before the order is confirmed and when the order is definitively validated.
You accept KIVU's right to modify its prices at any time. However, the Products will be invoiced at the tariffs in force at the time the order is recorded and subject to such Product availability. The fare in effect is that stated on the Website, unless there is a typographical error.
All payments must be made immediately over the internet. Unless the server is unavailable, You may pay with a credit or debit card. MasterCard, Visa, Maestro and Amex cards are accepted or via Google pay and Apple pay. Banking transactions will be carried out securely by Shopify payments or PayPal, KIVU's designated payment partners.
KIVU reserves the right to refuse all orders or deliveries if there is an existing dispute with You, in the event of total or partial failure by you to pay for that order or a previous order or if the banking organizations refuse credit/debit card payment authorization.
As part of the fight against online fraud, information concerning orders will be checked by Shopify payments and PayPal.
PLACING AN ORDER
You may freely consult the various pages of the Website, with no commitment to ordering. If You wish to place an order, you need to choose the different Products that are of interest and confirm said interest by clicking on the "Add to Bag" button.
You may at any time:
- obtain a summary of the Products you have selected or modify your order, by clicking on the button "My Bag".
- continue to select Products by clicking on "Continue Shopping"; and
- complete your selection of Products and order them by clicking on "Checkout".
You then have to identify yourself in the 'Billing and Delivery' stage, either:
- by entering your email address and password, if you are a registered user on the Website; or
- by creating an account with an email address and a password; or
- by proceeding to the checkout page as a guest where you will be requested to provide your email address and delivery and billing information.
If you opt to become a registered user, you accept that entering a user name, as requested, constitutes proof of your identity and evidences your consent to become a registered user of the Website. Once You have completed the stage above, and before confirming the payment, a summary of the order will appear on the screen, which summarises: the names, quantities and prices of the Products selected by You, the applicable delivery costs and the amount of the total order. Definitive validation of orders
At the 'Secure Payment' stage, You should verify that your shipping address and your billing address are correct. You are then requested to enter your credit/debit card details.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our shopping pages will guide You through the steps You need to take to place an order. Our order process allows you to check and amend any errors before submitting your request to Us. Please take the time to read and check your order at each stage of the order process.
Once You have entered your details for payment and validated your order, an order acknowledgment page is displayed bearing an order number.
This is also sent to You as an order acknowledgment email that summarises: the names, quantities, and prices of the Products selected by you, the applicable delivery costs, the order total, your details, the delivery address for the Products, the billing address, contact details of KIVU Customer Services and information about your consumer rights to cancel and return your order ("Order Acknowledgement"). Please note that this does not mean the order has been accepted. KIVU's acceptance of your order will take place as described below.
We will confirm our acceptance of your order, and the Contract is made between us, by sending you an email that confirms that the Products have been shipped ("Dispatch Confirmation"). The Contract between us is built on the date of the Dispatch Confirmation email. Dispatch Confirmation sets out all the components of the Contract formed between us, including the names, quantities, and prices of the Products selected by you, the applicable delivery costs, the order total, your details, the delivery address for the Products, the billing address, contact details of our KIVU Customer Care Department, information about your consumer rights to cancel and return your order a link to these General Conditions of Sale. You are also advised to keep a copy (electronic or printed) of the information concerning your order.
The data recorded by the Website constitutes proof of all the transactions concluded between KIVU and you. In the event of a dispute between KIVU and you on a transaction carried out on the Website, the data recorded by KIVU shall be deemed irrefutable proof of the contents of the transaction.
OUR RIGHT TO VARY THESE TERMS
KIVU may update these General Conditions of Sale from time to time. Every time You wish to order Products from KIVU, please check these Terms to ensure you understand the terms which will apply at the time of your order and which will apply to the Contract between us. We may revise these Terms as they apply to your order from time to time to reflect the following circumstances: (i)changes in relevant laws and regulatory requirements; and/or (ii) changes in our business practices.
Orders are prepared by KIVU (UK) Limited and then dispatched by the carrier nominated by KIVU (ROYAL MAIL). The estimated delivery time will be included in the Order Acknowledgement and Dispatch Confirmation sent to you. The estimated delivery times set out in the table below are from the date on which you place your order with us. Please note that the delivery time quoted is an estimate only.
Delivery Option*** Estimated Delivery Time
UK Tracked Delivery 2-3 working days*
Please note that for delivery to Northern Ireland, Scottish Highlands, islands, Aberdeen and other rural areas, an extra working day needs to be taken into account for these delivery options.
Europe (except Switzerland) Tracked and Signed Delivery 5-7 working days*
* If an order is placed before 11 am on a working day. If an order is placed after 11 am or on any non-working day, then estimated delivery will be on the second working day.
*** Delivery costs will be displayed on the checkout page of the Website.
The Products ordered by You will be delivered to the delivery address stated by you when completing your order on our Website. You undertake to supply the exact delivery address when placing your order for the Products, which can be different from the billing address You provide. If no one is available at your address to take delivery, we will leave you a note to advise that we made an attempt to deliver the Products. To rearrange delivery, please follow the instructions on the note or contact our KIVU Customer Care Department by email at email@example.com. Delivery of an order shall be completed when we deliver the Products to the address you give to us when completing your order on our Website and the Products will be your responsibility from that time. You own the Products once we have received payment in full, including all applicable delivery charges.
KIVU will not be liable or responsible if your delivery is affected by an Event Outside Our Control (see further), including in the event of overly long delivery time caused by the transportation services, and in the event of the loss of the Products ordered. If a delivery is late, you must inform our KIVU Customer Care Department as soon as possible, by email sent to firstname.lastname@example.org. KIVU shall then contact its chosen carrier in order to initiate an inquiry. Inquiries may take some time.
Orders should, in any event, be delivered at the latest thirty (30) days after the date on which you receive a Dispatch Confirmation email from us.
Upon receipt of the Products ordered, you must check that the Products are as per your order completed on our Website. Any delivery anomalies (missing or broken Products, parcel damaged, etc.) must be noted by you on the delivery note including the returns form presented to you when the parcel is delivered and must imperatively be notified to our KIVU Customer Care Department, by email sent to email@example.com specifying which Product does not match the order.
YOUR CONSUMER RIGHT OF CANCELLATION, RETURN AND REFUND
If You are a consumer, You have the following legal rights.
You may request the cancellation of the entire order within two hours of its confirmation, in which case Kivu undertakes to reimburse You the sums paid by the latter within a maximum period of 14 (fourteen) days from the date of receipt of the request, depending on the payment method used by You.
You may cancel a Contract at any time from when the Contract is entered into (i.e. from the date the Dispatch Confirmation email is sent) until 14 days after the day on which you receive the Product(s). We will email you to confirm we have received your cancellation.
This means that during the relevant periods above, if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your Citizen's Advice Bureau or Trading Standards Office.
The easiest way to do this is to contact our customer care department via email firstname.lastname@example.org
If You contact us, please quote your order number to help us identify your order. If you cancel your Contract you will need to pay the cost of returning the Product(s) to us and do this as soon as possible and, in any event, no later than 14 days after the date you communicated the cancellation of the Contract. KIVU does not accept returns with delivery charges due.
You must send Product(s) back with the Product Return label received with your order to:
Primrose Cottage Fleet Hill Finchampstead Wokingham RG40 4LH United Kingdom
You shall assume all reasonable risks linked to the return of Product(s) and take reasonable care thereof whilst in your possession. If you fail to return any Product the direct cost of recovery of that Product by KIVU shall be borne by you.
If you cancel your Contract we will:
- refund you the price you paid for the Products. We will refund you using the same means of payment you used for the initial transaction (unless expressly agreed otherwise).
- make any refunds due to you no later than 14 days after the day on which we receive the Product(s) back from you or, if earlier, the day on which you provide us with evidence (i.e. date stamped written statement from an established postal service provider listing the sender and the recipient) that you have sent the Product(s) back to us.
If you have returned a Product to us because it is faulty, damaged or you have not received the Product you ordered, we will examine the Product as quickly as possible. If the non-compliant nature of the Product is confirmed by us, we will refund the price of the Product in full. Where the full order is returned we will refund any delivery costs you have paid, although as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with the Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in the General Conditions of Sale. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
The right of cancellation can only be exercised by you, the purchaser of the Product, and not by a third party.
HOW WE USE YOUR PERSONAL INFORMATION
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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
- defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes of all natures, lock-outs or other industrial action by third parties, civil commotion, riot, insurrection, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or another natural disaster, or failure of public or private telecommunications networks, severe disturbance in the security of the internet, technical failures, unauthorized access and/or intrusions into the Website's servers, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel a Contract affected by an Event Outside Our Control, which has continued for more than 30 days. To cancel, please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received, and we will refund the price you have paid, including any delivery charges.
OTHER IMPORTANT TERMS
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. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. If one or more stipulations of these Terms is deemed invalid or declared invalid under a law, regulation or following a definitive decision by a court having jurisdiction, the other requirements shall retain their full force and scope. 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. These Terms and the Dispatch Confirmation email sent to you together form a contractual whole and constitute the entirety of the contractual relations between us.
In the event of a contradiction between these documents, these Terms shall prevail.