THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our website (hereafter "web site"). It is vitally important that you read the Terms carefully, as your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the web site (hereafter "services"). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the website(s) or the services provided by Company through its website(s).
This website is owned by K.H.A.M Activewear & Fitness Ltd (hereafter “Company”), a company registered in England and Wales
The following words used in these Terms shall have the following meanings:
• “Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc
• "Company website" shall mean all websites on which Company provides products and/or services.
• "Company User" shall mean all Users of the Company website(s) and services.
• "Company Products and Services" shall mean all products and/or services provided directly by Company;
• “3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the Company website(s).
ORDERING GOODS FROM US
Individuals: These terms of sale apply to all goods and services supplied by K.H.A.M Activewear & Fitness Ltd via http://www.khamactivewear.com. The website is governed by the following terms and conditions; they do not affect your statutory rights.
DESCRIPTION AND PRICE OF GOODS
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on https://www.khamactivewear.com/. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team.
Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.
SALE: We reserve the right to exclude/edit and remove certain brands and products within the promotion without prior notice.
PLACING AN ORDER
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgment, detailing the products you have ordered.
The contract is subject to your right of cancellation (see below).
Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we despatch the order or send you confirmation by email even if your payment has been processed immediately.
We may refuse at our discretion to accept an order:
(a) where we cannot obtain authorisation for your payment;
(b) if there has been a pricing or product description error; or
(c) if you do not meet any eligibility criteria set out in our terms and conditions.
(d) where goods ordered by you are not available;
(e) if we do not deliver to your area;
(f) if an address provided cannot be located, due to various reasons
Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Payment can be made by any of the options advertised on our website. Payment shall be due before delivery. If payment fails your order will be canceled. There will be no delivery until clear funds have been received.
Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the website.
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998 and GDPR. During security checks, we may ask for additional information or documentation to help support the data you supplied.
Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses.
Payment Promotion And Pricing
The prices on khamactivewear.com include VAT at the current rate. We reserve the right to alter prices at any time. If we discover an error in the price or product description then we are able to take whatever action we deem necessary to correct it. Any percentage discounts are exempt from sale items.
If you place an order and the price of the item(s) you ordered has changed since ordering we will not refund the difference or honor the lower price.
Occasionally we may run online exclusive web prices or promotions and in turn, the K.H.A.M. Activewear & Fitness Ltd Popup stores may run competitions and promotions that are not available online. With this in mind, you may sometimes find that prices in store and online are different. If this happens we will not honor the reduced price. Promotional Codes may not be used in conjunction with any other offer or promotion. [The Website is updated regularly and Promotional Codes may only be used in relation to clearly demarcated Qualifying Items at the time of placing the Order.]
Consumer right of return and refund
This clause only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a contract during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to 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 local Citizens' Advice Bureau or Trading Standards office.
However, this cancellation right does not apply in the case of:
• any made-to-measure or custom-made products or products made to your specification or clearly personalised;
• newspapers, periodicals or magazines;
• perishable goods, such as food, drink or fresh flowers;
• software, DVDs or CDs which have a security seal which you have opened or unsealed.
Your legal right to cancel a contract starts from the date of the dispatch confirmation. If the products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
To cancel a contract, [please contact us to tell us by sending an e-mail to firstname.lastname@example.org or please contact our customer services telephone line to tell us]. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. [If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.]
You will receive a full refund of the price you paid for the products, this does not include postage costs unless the item is deemed faulty. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
We refund you on the credit card or debit card used by you to pay.
If the products were delivered to you:
• you must return the products to us as soon as reasonably practicable;
• you will be responsible for the cost of returning the products to us unless the item is deemed faulty.
• you have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.
Details of your legal right to cancel and an explanation of how to exercise it are provided in the dispatch confirmation.
We will deliver goods ordered by you as soon as possible to the address you give us for delivery, but in any event within 3-5 working days of your order. However, we reserve the right not to make deliveries outside the United Kingdom unless our ordering form provides that facility.
Upon receipt of your order, you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing, at our contact address, of the problem within 7 working days of the delivery of the goods in question.
If you do not receive goods ordered by you within 3-5 working days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 7 working days from the date on which you ordered the goods.
Import Duty Goods dispatched to other countries outside of the EU may be liable to Import Duty, Tax or VAT. When ordering from us you are agreeing to pay any such Duties which may be imposed by your country's government.
If you refuse to pay any Import Duty / Tax / VAT imposed and thereby prevent delivery of your order you will remain liable for the purchase price of the product/s and any Import Duty / Tax / VAT or penalty imposed by your government.
Your right of cancellation – FOR CONSUMERS ONLY
This section applies to consumers only (and not to businesses or other organisations) who order goods.
You have the right to cancel your contract with K.H.A.M Activewear & Fitness Ltd at any time up to 7 working days after you receive the goods, in line with The Distance Selling Regulations. To cancel your contract in this time frame you must notify us in writing, either by post or by email at email@example.com
You will be responsible for returning the goods to K.H.A.M Activewear & Fitness Ltd at your own cost unless the goods are faulty or mis-described.
No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product unless the product is defective and you are returning it for this reason.
Upon receipt of the goods, You will be credited within 30 days of notifying K.H.A.M Activewear & Fitness Ltd of the cancellation. We will give you a full refund of the amount paid or an exchange credit as required, less (if for any reason these costs have not been paid by you) the costs of delivery to us.
The rights to return the goods under the Distance Selling Regulations will not apply in the following circumstances:
* in the event that the product has been used or returned incomplete
* accommodation, transport, catering or leisure services
* package travel
* food, drinks or other goods delivered regularly to the consumer's home or workplace by a 'regular roundsman' such as a milkman or domestic oil supplier
* goods made to the customer's specification
* goods that are perishable or can't be returned, such as frozen food and fresh flowers
* audio or video recordings or computer software that the consumer has opened
* newspapers or magazines
* betting, gaming, and lotteries
* premium-rate telephone and website services
We will not issue refunds for any items lost or stolen in transit to us.
The provisions of this clause do not affect your statutory rights.
Title for Consumers
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
If you are eligible for a refund, we will refund you back to the payment method you used when you originally paid for your order. Please note: It is your responsibility to notify us of any changes to your card details i.e. you no longer have that account. Refunds can take up to 30 days to process.
Faulty Product, Damaged, or Dead on Arrival
Please note that any products returned to us which you claim to be defective will be checked and verified by our technicians. Any returned products that are not found to be defective will be returned to you and we shall charge you for the returned transport costs via your original payment method or hold the product until full payment has been received by us for the return transport costs.
If you notify a problem to us under this condition, our only obligation will be, at your option:
(a) to make good any shortage or non-delivery;
(b) to replace or repair any goods that are damaged or defective; or
(c) to refund to you the amount paid by you for the goods in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as above.
Limitation of Liability
The Company will not be liable to you for any loss or damage in circumstances where:
(a) There is no breach of a legal duty owed to you by the supplier or by its employees or agents;
(b) Such loss or damage is not a reasonably foreseeable result of any such breach;
(c) Any increase in loss or damage resulting from breach by you of any term of this contract.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Use of https://www.khamactivewear.com and products/services are intended for persons who are eighteen (18) years or older, or business entities.
If proof comes to the attention of the Company that an individual user is under the age of eighteen (18) years, and is accessing our services and/or products without the consent, approval or authorisation of their parents or legal guardian, the Company will immediately terminate such account.
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
Choice Ltd regularly sends out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all Users. In these Newsletters, we may inform you about new services, features or products. The user may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at firstname.lastname@example.org or following the unsubscribe link contained in each of the emails.
While the Company uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company web sites, either now operating or created in the future. The Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company web site.
The Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the Company web sites or on any external web sites linked to them. In particular, the Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
COMPANY WEB SITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEB SITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEB SITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEB SITES. THE COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEB SITES.
THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
THE COMPANY AND ITS WEB SITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd -PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
GOVERNING LAW AND JURISDICTION