ONLINE GENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS
1. INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 We are KJUS North America, Inc. (“Kjus”) a company registered in Colorado, United States and this website is operated by us. Our registered office is at 4940 Pearl East Circle, Suite 300, Boulder, Colorado. Our registered Employer Identification Number (EIN) is 01-0539688
1.2 How to contact us: You can contact us by telephoning our customer service team at 800-848-0468 or by writing to us at KJUS North America Inc, 4940 Pearl East Circle, Suite 300, Boulder, Colorado or TIGERS (USA) GLOBAL LOGISTICS, INC, 19531 East 32nd Parkway, Aurora, Colorado or via email to firstname.lastname@example.org.
1.3 How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. SCOPE OF THESE TERMS
2.1 These are the General Terms and Conditions on which we supply our products to you.
2.2 Why you should read them: Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2.3 We may change the General Terms and Conditions which are on our website from time to time. The General Terms and Conditions which are displayed at the time you place your order are the terms which apply to the agreement between you and us.
2.4 Who can place an order under these terms: We only sell our goods on this website in standard retail quantities to consumers. If you are a business that wishes to purchase our goods for business purposes you must not attempt to place an order on this website. Our offer in this online shop is aimed exclusively at adults with legal capacity who have a residential and delivery address in the United Kingdom and who will use our products for private and personal use. Our website is solely for the promotion of our products in the USA. Unfortunately, we do not accept orders from or deliver to addresses outside the USA.
3. OUR CONTRACT WITH YOU
3.1 Making an order: You must provide all of the data required by our online ordering procedure, acknowledge the General Terms and Conditions (as prompted by our ordering procedure) and click on the button “Order and Pay”. Until you click this button, you can change the products in your "basket" and change your data with the help of the correction aids as provided by and explained in the order process. The offer of our products in our online shop does not create any agreement between us for the sale of our products until your order is accepted. When you have provided all the necessary data and click on "Order and Pay" you send us your order, and we treat this as your offer to enter into a contract with us to purchase our goods. We will send you an automatic confirmation of receipt of your order by email. This email will confirm the details you submitted in your order and will contain a copy of the General Terms and Conditions. You can save and print the email. Please note, this is just a record of your order and a contract will not be created until we accept your order (as described below).
3.2 How we will accept your order:
1. Your order is not accepted by us until we email you with confirmation that the order has been accepted and/or the goods have been dispatched, at which point a contract will come into existence between you and us.
3.3 If we do not accept your order: If we do not accept your order, we will inform you of this and will not charge you for the product or will refund your payment if it has been taken.
4. OUR PRODUCTS
4.1Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
5. PROVIDING THE PRODUCTS (PRICE, DISPATCH AND DELIVERY)
5.1 Price: The price of the product will be the price indicated on the order pages when you placed your order. The price includes all taxes such as VAT. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 5.3 for what happens if we discover an error in the price of the product you order.
5.2 If the rate of VAT changes: We will pass on changes in the rate of VAT if the rate of VAT changes between your order date and the date we supply the product unless you have already paid for the product in full before the change in the rate of VAT takes effect.
5.3 What happens if we have got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on the website. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
5.4 Delivery costs: The costs of delivery will be as displayed to you on our website when you place your order. These are extra costs and are not included in the displayed sale price for the products. You may find out more about our current delivery charges on this part of the website: https://www.kjus.com/l/faq/fragen-zu-versand-lieferung.
5.5 When we will provide the products: During the order process we will let you know when we will aim to deliver the products to you and we will use our reasonable endeavours to deliver within this timescale. In any event we will deliver the products to you within 30 days after the day on which we accept your order.
5.6 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (including an event which affects the orders we make with our own suppliers) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract or we may inform you that we need to end the contract. If the contract is ended in either case, you will receive a refund for any products you have paid for but not received.
5.7 If you are not at home when the product is delivered or we cannot access your property: We will deliver the products to the address you provide in your order although we do not commit to verify the identity of the person who takes delivery at that address. If no one is available at your address to take delivery or we cannot access your property and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery. For any further details regarding delivery please refer to our respective FAQ at the following link https://www.kjus.com/l/faq/fragen-zu-versand-lieferung.
5.8 If you do not re-arrange delivery or collect the products after a failed delivery: If you do not contact us to re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 6.6 will apply.
5.9 When you become responsible for the product: The product will be your responsibility from the time we deliver the product to the address you gave us or the product is collected from us by you or on your behalf. We are not responsible for any loss of or damage to the product which happens after this point.
5.10 When you own goods: You own the product once we have received payment in full.
6. YOUR RIGHTS TO END THE CONTRACT
6.1 You may end your contract with us in the ways described in this clause. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 8;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period described in clause 6.5, but this may be subject to deductions.
6.2 Ending the contract because of something we have done or are going to do: If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or we notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(d) you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind: For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
6.4 When you don't have the right to change your mind: You do not have a right to change your mind in respect of:
(a) Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(b) Any products which we may have made to your personal specification and which are not part of our standard pre-made ranges (ie. where you have purchased something made to measure for you or personalised for you).
6.5 How long do you have to change your mind? You have 14 days after the day you (or the person you nominated for delivery) receive the goods in your order, unless those goods are split into several deliveries over different days. If goods within your order are split into several deliveries over different days you have until 14 days after the day you (or the person you nominate) receive the last delivery in your order to change your mind about all or any of the goods.
6.6 Ending the contract where we are not at fault and there is no right to change your mind: If you refuse to proceed with the contract where you have no right to end it (for example by refusing to pay or refusing to accept delivery of the goods) so that it is reasonable for us to assume that you wish to end the contract we will treat the contract as having ended and we will refund any sums paid by you for products which we have not delivered but we may deduct from that refund (or, if you have not made an advance payment, we may charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract (such as the costs of failed delivery and the costs of return of the products which have been dispatched).
7. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
7.1 Tell us you want to end the contract. To end the contract with us you should do one of the following:
(a) Phone or email: Call customer services on 800-848-0468 or email us at email@example.com . Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post: complete and return the form we include in your delivery and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.
(c) You may also use the form below and post it to the address shown or email it to us (at the address set out above):
Template withdrawal form
(If you would like to withdraw from the contract, please complete this form and return it to us.)
– To KJUS North America Inc, 4940 Pearl East Circle, Suite 300, Boulder, Colorado, firstname.lastname@example.org
- I/we (*) hereby wish to withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods(*)/ the provision of the following service (*):
- Ordered on(*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer/s (only for paper version)
(*) Cross out if not applicable
7.2 Returning products after ending the contract: If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us by post. Please use the return label we provided with your delivery or call customer services on 800-848-0468 or email us at email@example.com for a return label (if you do not already have one). If you are exercising your right to change your mind you must send the goods within 14 days of telling us you wish to end the contract. You may return our products without using our return label if you wish.
7.3 When we will pay the costs of return: We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because:
we have told you of an upcoming change to the product or these terms; or
we have told you of an error in pricing or description; or
we have told you of a substantial delay in delivery due to events outside our control; or
you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind.
In all other circumstances you must pay the costs of return.
7.4 How we will refund you: We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.5 Deductions from refunds: If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop to check the quality, features and functionality of the goods. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method that is generally made available by us (so we would not include special promotional delivery offers when assessing what is the cheapest option). For example, if we offer delivery of a product within a certain number of days at one cost but you choose to have the product delivered within fewer days at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.6 When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
8. IF THERE IS A PROBLEM WITH THE PRODUCT
8.1 How to tell us about problems: If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 800-848-0468 or write to us at firstname.lastname@example.org or KJUS North America Inc, 4940 Pearl East Circle, Suite 300, Boulder, Colorado.
8.2Your obligation to return rejected products: If you wish to exercise your legal rights to reject products you must post them back to us. Please use the return label we provided with your delivery or call customer services on 800-848-0468 or email us at email@example.com for a return label (if you do not already have one).
9. DAMAGE DURING TRANSPORT
9.1 If the delivered items were clearly damaged during transport, please report such defects to us as soon as possible. If you do not, this does not affect your rights that are described in these General Terms and Conditions or which are provided to you by the law but you would, however, help us to assert our own claims against the carrier or against our transport insurance.
10.1 When you must pay and how you must pay: We accept payment with the credit cards as stated on our website at the time of ordering or any other method which the order process in our online shop makes available from time to time. You must provide payment authorisation when you make an order. When we accept your order we will take payment. We will charge your credit card when we are ready to dispatch the products to you and we will not dispatch the goods without payment.
10.2 Online gift vouchers: we do not sell or offer redemption of gift vouchers. However, we sometimes issue free vouchers as part of advertising campaigns ("campaign vouchers"). The following applies to these campaign vouchers: a voucher is only valid until the stated time and may only be redeemed for an order once. Any excess value in the voucher is not repaid and shall not be credited back to you (in other words, if the order is less than the voucher amount then the voucher amount is treated as if it were the same as the order value). The vouchers cannot be exchanged for cash. If the voucher amount is not sufficient for an order, you must pay for the difference using one of the permitted payment methods. Vouchers cannot be applied in the online shop after an order is placed; the voucher code must be entered during the order process.
10.3 Returning products bought with a voucher only: You have the same rights to return products bought with vouchers only and to cancel your contract as you do if any other payment method is used. If you buy one product or several products in the same order using vouchers only and you validly return all the products in one of the ways described under these terms and conditions then you will be reissued with a voucher to the same value as the voucher you used to order the product or products. If you buy more than one product in one order using vouchers only and validly return some but not all of the products bought then you will be reissued with a voucher to the same total value as the price paid for the product(s) which you have returned only.
10.4 Returning products bought with a mixture of a voucher and an alternative payment method: You have the same rights to return products bought with a mixture of vouchers and another payment method and to cancel your contract as you do if any other payment method is used. If you paid for an order for a product or products with a mixture of a voucher and an additional alternative payment method and validly return a product or products then the alternative method shall be refunded first. If the total value of the returned products is more than the payment made by the alternative method a voucher will be issued for the difference.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We are not liable for any business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. DATA PROTECTION AND HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 How we will use your personal information: We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products;
(c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us; and
(d) if you agreed to this during the order process, to provide selected independent retailers with your data. Please see our Privacy Statement (https://www.kjus.com/l/datenschutz) for more information about this.
12.2 We will only give your personal information to other third parties not mentioned above where the law either requires or allows us to do so.
12.3 Our collection and processing of your personal data is set out in more detail in our Privacy Statement. The Privacy Statement can be accessed via https://www.kjus.com/l/datenschutz.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 The law which applies to this contract and where you may bring legal proceedings: These terms are governed by US law and you can bring legal proceedings in respect of the products in the United States courts.