TERMS & CONDITIONS
This website is operated by Karaca Porcelain UK Limited (Herein after referred as ‘’Karaca’’) incorporated under the laws of England & Wales and Companies House Number 13084022, having its principal place of business at Unit 10B, Viscount Way, South Marston Park, Swindon, SN3 4TN. Karaca offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from our website, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- DEFINITIONS AND INTERPRETATION
In this Terms & Conditions, unless the context clearly indicates otherwise, the following expressions and words have the meanings assigned to them:
2.1. ‘’Contract" means the contract between Karaca and you for the sale and purchase of Goods incorporating these Terms;
2.2. ‘’Product(s)’’ means a product displayed for sale on the Website;
2.3. ‘’Product Description’’ means that part of the Website where certain terms in respect of the individual Product are provided;
2.4. ‘’Personal Information’’ means the details provided by you on registration;
2.5. ‘’You" means the individual known as a consumer shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977 or organisation who buys or agrees to buy the Product(s) from the Karaca;
2.6. "We or Us" means Karaca Porcelain UK Limited (registered in England no. 13084022) based at Unit 10B, Viscount Way, South Marston Park, Swindon, SN3 4TN that owns and operates www.karaca.uk;
2.7. ‘’Website’’ means the website located at www.karaca.uk or any subsequent URL which may replace it;
- CONDITIONS & CONTRACT
3.1. Nothing in these Terms shall affect your statutory rights as a Consumer.
3.2. These Terms shall apply to all contracts for the sale of Product(s) by Karaca to you and shall prevail over any other documentation or communication from you.
3.3. Acceptance of delivery of the Product(s) shall be deemed conclusive evidence of your acceptance of these Terms.
3.4. All orders placed by you and purchases of Products from us are on the basis of these Terms and are subject to acceptance by us by delivery of the Product(s) to you, at which point a legally binding contract is constituted between you and us.
3.5. The processing of your payment and acknowledgement of your order (including sending you an email confirming your order is being processed) does not constitute legal acceptance of your order.
3.6. Any variation to these Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Karaca.
- INTELLECTUAL PROPERTY & RIGHT TO USE
4.1. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
4.2. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- YOUR ACCOUNT & USE OF THE WEBSITE
5.1. Access: You are provided with access to this Website in accordance with these Terms & Conditions and any orders placed by you must be placed strictly in accordance with these Terms & Conditions.
5.2. Registration: You warrant that:
5.2.1. The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
5.2.2. You will notify us immediately of any changes to the Personal Data by updating these details on your online account.
5.2.3. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
5.3. Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
5.4. Our Rights: We reserve the right to:
5.4.1. modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or;
5.4.2. change the Terms & Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms & Conditions have been changed. If you do not agree to any change to the Terms & Conditions then you must immediately stop using the Website.
6.1. The images of the Product(s) on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Product. Your Product may vary slightly from those images.
6.2. The packaging of the Product(s) may vary from that shown on images on our site.
6.3. We try to get Product(s) descriptions, pricing, and specifications right, but specifications may change, and we reserve the right to withdraw or substitute items if necessary.
7.1. All orders for Product(s) shall be deemed to be an offer by you to purchase Product(s) pursuant to these Terms and are subject to acceptance by us.
7.2. On receipt of an order, we will send you an automated email acknowledging receipt of said order. This email does not represent acceptance of the order by the us.
7.3. We shall only be deemed to have accepted an order at the point the Product(s) are dispatched.
7.4. When making an order through the Website, the technical steps you need to take to complete the order process are described in Clause 8.
- FORMATION OF AN ORDER
8.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
8.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 8.3.
8.3. Our acceptance of your order will take place when we e-mail you with confirmation that the Product(s) have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation. Product(s) are subject to availability, and sometimes they may go out of stock before your order has been processed. 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 we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process that part of your order which deals with the Product. If you have already paid for the Product, we will refund you the full amount including any delivery costs charged as soon as possible, in the case of an Order with multiple Product(s) we will refund only that element of the order which relates to the price of the Product, and we will not refund the delivery costs. Each order made will be charged separately. If only part of your order is available, we will only dispatch the items that are in stock, and cancel the out of stock items.
- CANCELLATION & RETURN PROCEDURE
9.1. You have the following cancellation rights when you buy online:
9.1.1. You are entitled to cancel your contract if you so wish, if you exercise your right no longer than 14 days after the day on which you receive the Product(s) or services.
9.1.2. Your right to return or cancel Product(s) does not apply to Product(s) that are made to measure or are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly. This doesn't affect your statutory rights if Product(s) are faulty or not as described.
9.1.3. If you wish to exercise your right of cancellation, you are obliged to retain possession of the Product(s) and take reasonable care of them. If you are only returning some of the items on your order, then we will only refund the cost of those items.
9.1.4. To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
9.1.5. You can cancel by email@example.com or call 0800 066 8701, or write to: Customer Services, www.karaca.uk, Unit 10B, Viscount Way, South Marston Park, Swindon, SN3 4TN
9.1.6. If you decide to cancel, you should return the Product(s) to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to Product(s) to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
9.1.7. We may make a deduction from the reimbursement for loss in value of any Product(s) supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any Product(s) supplied.
9.2. A Return Authorisation (“RA”) number is required for replacement Product(s), returns and refunds. To obtain an RA you must have proof of purchase. Product(s) cannot be returned without an RA and within 14 calendar days for change of mind. All change of mind Product(s) must be returned new and unused, with all labels and stickers attached, and all Product(s) returns must include any accessories, manuals, documentation, and registration that were shipped with the Product. If the accessories are not included, or the original packaging is damaged or absent, only a partial refund will be applied.
9.4. It is your responsibility to ensure that the Product(s) are protected from damage in transit. Returns that are damaged or soiled may not be accepted and may be sent back to you and/or a refund refused. Unidentified returns may be returned to the sender; therefore, please ensure all details are clear and concise.
10.1. A confirmation email showing that we have received your Order will automatically be sent to you once you have proceeded through to the end of the check out. Once accepted your Order will be despatched as soon as possible. Risk in the Product(s) (e.g. damage or loss to the Products) will remain with us until we deliver the Product(s) to the address specified in your Order when the risk will pass to you immediately.
10.2. Estimated delivery time within the United Kingdom is approximately 3 to 5 days from the date we send you a dispatched confirmation. The estimated delivery times are in business days (Monday through Friday excluding public holidays). Estimated times are to be used as a guide only depending on your location and the availability of stock. Whilst we endeavour to fulfil all Orders, please note some items, sizes or colours may not be available at time of dispatch. Your credit card will be refunded for items not available at time of dispatch. If your Product has not arrived after the estimated delivery time, please contact Customer Service at firstname.lastname@example.org or +44 870 1820 333.
- CONSUMER GUARANTEES
11.1. The Consumer Rights Act 2015 states that Product(s) must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
11.1.1. Up to 30 days: if your Product(s) are faulty, then you can get an immediate refund.
11.1.2. Up to six months: if your Product(s) can't be repaired or replaced, then you're entitled to a full refund, in most cases.
11.1.3. Up to six years: if your Product(s) do not last a reasonable length of time you may be entitled to some money back.
11.2. If a Product has a fault, we will provide a replacement, repair or a refund at your discretion.
11.3. If Product(s) arrive damaged or inoperable or develop a fault within the first 30 days a claim must be made by emailing our Customer Service Team email@example.com within 30 days after the parcel has been delivered and providing a full detailed description of the problem with supporting photographic evidence as well as your Order number.
11.4. Depending on the problem our Customer Service team will determine how best to resolve your problem with minimum inconvenience to you. Where we agree that a Product is faulty and needs to be replaced or repaired return shipping will be arranged at our expense. Please contact us at firstname.lastname@example.org and we will arrange a returns authorisation label.
11.5. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.
11.6. Nothing in these Terms excludes the application of your statutory rights.
- REPLACEMENT PROCEDURE
12.1. Where we agree to replace a Product:
12.1.1. A replacement for the Product that you ordered will be shipped to you at our expense after we have received your returned Product (if required by us). This does not apply to change of mind.
12.1.2. The delivery time for the replacement Product will be the same as stated for the original Product.
12.1.3. Your statutory rights but no additional guarantees (change of mind etc) apply to all replacement Product(s).
12.1.4. In the event of a Product no longer being available we will offer an alternative Product of similar quality.
12.1.5. In the event of an individual item within a set being faulty, we will replace the specific item and not the entire set.
12.2. Where Customer Service has provisionally determined that a Product is faulty, Customer Service will issue you with an RA. Product(s) cannot be returned without an RA. The Product should be returned to us within 30 calendar days of the issuance of the RA to qualify for a replacement or refund where faulty.
- COMPLIANCE WITH LAWS
13.1. The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
- LIMITATION OF LIABILITY
14.1. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
14.2. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
14.3. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Product(s). This does not affect your statutory rights as a consumer, nor does it affect your cancellation rights.
14.4. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:
14.4.1. any economic losses (including without limitation loss of revenues, profits, contracts, business, or anticipated savings); or
14.4.2. any loss of goodwill or reputation; or
14.4.3. any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
14.5. Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents, or employees.
15.1. If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
16.1. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17.1. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
- ENTIRE AGREEMENT
18.1. These Terms govern our relationship with you. Any changes to these Terms can be reviewed any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- GOVERNING LAW
19.1. The Terms shall be governed by and construed in accordance with the laws of England, and you irrevocably submit to the exclusive jurisdiction of the courts of England.
- CONTACT INFORMATION
For any queries regarding our service, please contact us via email, phone through www.karaca.uk
Our company details are:
Karaca Porcelain UK Limited
Registered office: Unit 10B, Viscount Way, South Marston Park, Swindon, SN3 4TN
Registered in England. Company registration number: 13084022