Kitsch Kaos

Contents:

A. You, the Customer, agree to abide by the Kitsch Kaos Terms & Conditions as set out below.
B. Upon submitting your Order You are acknowledging that You have read, understood and fully agreed to all Kitsch Kaos Terms & Conditions as set out below.
C. Upon submitting your Order You are acknowledging that You are entering into a legally binding contract with Kitsch Kaos.

Design:

• 1A.
  All Kitsch Kaos products are entirely Bespoke in nature. By this we mean that no 2 items (within their specific sub-categories) will be exactly the same. When Customers are ordering Kitsch Kaos products they are doing so in the understanding that, although they have control over product types and colour themes, each individual item will vary slightly.
• 1B.
  Kitsch Kaos reserve the right to change any / all product packaging as / when it is considered relevant. Customers will be notified of any such modifications, via any method (Email / Telephone / Standard Mail), within 10 Working Days of them coming into effect.
• 1C.
  Kitsch Kaos uses classic accessories and details in a variety of the products currently available (many of which are authentic 1980’s memorabilia / Vintage Antiques). As such, in the unlikely event that stocks of said products should become low and difficult to replenish quickly, Kitsch Kaos reserves the right to end a product line temporarily / indefinitely until such a time that stock levels have been replenished and / or new suppliers have been sourced. All Customers will be notified of any such modifications, via any method (Email / Telephone / Standard Mail), within 10 Working Days of them coming into effect.

Prices:

• 2A.
  Full product documentation, for each new range, will be made available through the Kitsch Kaos website. This documentation will include: Item Names, Item Descriptions, Item Codes, Item Photos, Colour Themes, Sizes (where applicable), Min. Order Totals and Item Prices. Kitsch Kaos reserve the right to change the prices if / when it is required to do so. All Customers will be notified of any such modifications, via any method (Email / Telephone / Standard Mail), within 10 Working Days of them coming into effect.

Payment:

• 3A.
  Kitsch Kaos, at present, accepts the following payment methods only: PayPal and all major Credit Cards (excluding American Express). Direct Bank Transfers are also an available option upon request only.
• 3AB.
  100% Payment = By this, Kitsch Kaos means any Order/s that are paid for, in full, upon the Customer submitting their Order/s. All Kitsch Kaos Order/s (from any individual Stockist/s) must be paid for, 100% in full, upon placement of said Order/s.
• 3C.
  Cash / Personal Cheques / Business Cheques = In no uncertain circumstances does Kitsch Kaos accept payments, for any Order/s, in Cash, Personal Cheques or Business Cheques.
• 3D.
  The preferred payment method of Kitsch Kaos, for all Order/s from any Stockist/s, is PayPal. Please be aware that you do not have to be a registered PayPal Account holder to be able to use it’s facilities to make payments to Kitsch Kaos via your Credit / Debit Cards.
• 3E.
  Bank Transfer = Bank Transfers are accepted by Kitsch Kaos (upon request only). Please be aware that Banks may charge for making Transfers. Kitsch Kaos does not accept any responsibility for any such charges and, as such, said charges must be incurred by the Customer and not Kitsch Kaos.
  
  Due to the sensitivity of personal details in light of the current UK Fraudulent Crime Statistics, Bank Details for Kitsch Kaos will only be given, upon request, in person or via Telephone. Kitsch Kaos request that all Customers dispose of this information in an appropriate manner (in-keeping with the sensitive nature of said documentation) after each and every transaction. This is in accordance with the UK Data Protection Act, 1998.
• 3F.
  Kitsch Kaos would like to confirm and reiterate, once again, that all payments made to us will be followed up in the manner of the following methods: ‘Order Invoice / Receipt’ Emails (from the Kitsch Kaos website itself) and also ‘Automated Confirmation of Payments Received’ Emails (for all PayPal / Credit Card Payments, from the PayPal website).

Duration Of Production:

• 4A.
  Kitsch Kaos reserves the right to define the period of production for each and every Order. This period will be defined by the following factors: Size of Order/s, Specific Product Types within said Order/s, Availability of raw materials (in stock at the time of Order/s being processed), Non-Working Days & National Bank Holidays, any relevant Union Strike Actions (such as the Royal Mail would be considered relevant if Customers were requesting their Order/s to be posted out to them).
• 4B.
  The Duration of Production, for each Order, will be stated on the date of the payment clearing for said Order/s. By this we mean that all Order/s, regardless of size, will be followed up by an email to the Customer giving them their individual turnaround time for said Order/s based on the various factors involved in said Order/s. Kitsch Kaos reserves the right to withhold a 30day maximum time frame for the production process of any size of Order/s.
• 4C.
  Kitsch Kaos reserves the right to extend any given Delivery Date for Order/s, in the unlikely event that such an action is required, on the following grounds: Severe Illness, Family Bereavement, Death, Loss of and / or damage to Stock as a direct result of Fire / Flooding / Theft etc., Union Strike Action, or any other relevant State of National Address (such as, for example, localised Terrorist Attacks).

Cancellation / Changes Of Orders:

• 5A.
  Cancellation = Kitsch Kaos in no way accepts Cancellations of Order/s for any reason/s. Once an Order Form has been submitted the Customer has then entered into a legally binding transaction. Even in circumstances where production of said Order/s has yet to commence, the Order is to remain as active and as such will be seen through to conclusion.
• 5B.
  Changes = Kitsch Kaos in no way accepts changes to Customer Order/s. Once a Customer places an Order they are entering in to a legally recognised agreement whereby it is understood that it is the sole responsibility of the Customer to thoroughly check said Order/s prior to submitting them. Any errors made, by the Customer, at any point throughout the duration of each individual Order is in no way the responsibility of Kitsch Kaos and as such Kitsch Kaos reserves the right to see said Order/s through to their conclusions in accordance with their relevant Order Forms.

R.R.P.

• 6A. Kitsch Kaos carries out extensive Market Research, through various different Retail Customer bases, prior to the launch of all product lines. As such, we recommend that our stockists use no more than an average 2.5 Mark-Up. The reason we quote this is so that your prices are in accordance with the direct Retail prices displayed on our website. We have taken into account such factors as Shipping Charges etc, placed upon Retail customers, when they order directly from our website and have adjusted our prices in accordance with this to make our Stockists a more attractive option for said Retail customers.
  
  These R.R.P.s are in no way obligatory and can be used or disregarded at each individual Stockist’s discretion. Kitsch Kaos declare that in no way will these R.R.P.s ever be displayed on the products themselves so as to protect the Stockist’s rights to charge what they feel is appropriate, for Kitsch Kaos products, within their individual Store.

Misc.

• 7A.
  First Order = Upon dealing with Kitsch Kaos for the first time, we ask that all new Stockists meet a £250.00 minimum Initial Order value. This is a one-off requirement and relevant only to new Stockists placing their first Order for Kitsch Kaos products.
• 7B.
  Top-Up Orders = Due to the fact that all Kitsch Kaos products are bespoke, each individual item, when produced in singles / small runs, takes a greater amount of time to complete. As a result of this Kitsch Kaos ask all Wholesale Stockists to be aware of the minimum Postage bandwidth charge and bare this in mind when they are compiling their orders.
  
  We recommend that Stockists aim to meet a minimum Top-Up Order value of £100.00 (although this is in no way mandatory and will not be enforced should a Stockist wish to place orders of a significantly lower value).
• 7C.
  Kitsch Kaos reserves the right to refuse to begin trading with any given Stockist/s without explanation.
• 7D.
  Kitsch Kaos reserves the right to cease trading, upon completion of any outstanding Order/s, with any existing Stockist/s without explanation.
• 7E.
  Kitsch Kaos reserves the right to change / update this ‘Terms & Conditions’ documentation, without any prior notification, once any outstanding Order/s have been completed. Should the ‘Terms & Conditions’ documentation be changed, in anyway, a new copy of said paperwork will be made available to Customers via the relevant section/s of our website. Kitsch kaos reserves the right to deem it the responsibility of our Stockists to keep themselves up to date with the relevant documentation and, as such, Kitsch kaos has no duty to inform Stockists directly as / when any changes are made to said documentation.
• 7F.
  All Kitsch Kaos Products, Packaging, Branding, Logos, Photos / Imagery and Paperwork are the sole property of Kitsch Kaos. No reproduction or usage of the above factors is permitted without prior authorisation from an official Kitsch Kaos representative. To request the usage of such material, you must first contact Kitsch Kaos directly explaining the nature of your reasons for usage where upon an official Kitsch Kaos representative will contact you directly to discuss the matter before making a decision as to whether or not you are authorised to do so.
  
  If Kitsch Kaos approve your usage, original / full quality files will be supplied. Kitsch Kaos reserves the right to refuse authorisation to any given Stockists / Organisations without explanation. Kitsch Kaos also reserves the right to cease authorisation to any given Stockist / Organisations without explanation.
• 7G.
  
  All Kitsch Kaos Products, Packaging, Branding, Logos, Photos / Imagery and Paperwork are the strict Copyright of Kitsch Kaos. Kitsch Kaos is a recognised Trademark.
• Kitsch Kaos Copyright 2006-09. (TM) (C)

Disclaimer:

• What follows below are direct copies of the relevant sections from the Retail Version of this document. The reason we have left them in their original numerical order (and thus are out of order with this document) is to show the context from which they were taken. We have included them in this document as their relevance remains fully valid to all Wholesale Stockists in exactly the same ways as it is applicable to all of our Retail Customers. Thankyou.

07.     Warranties

• The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.

08.     Disclaimer of Liability

• 8.1:
  You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your breach of any of these terms.
• 8.2:
  We shall not be liable for any losses, damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site.
• 8.3:
  The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system.
  
  In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
• 8.4:
  Please note that by registering on our website you will provide us with personal details about yourself. We take reasonable precautions to secure any personal data but please note that it is not possible to guarantee the security of transmissions over the Internet so please when using our website, we urge you to exercise appropriate discretion.
• 8.5:
  You agree to indemnify, defend, and hold harmless Kitsch Kaos its directors, employees and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable solicitor’s fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
• 8.6:
  Governing Law This Agreement shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
• 8.7:
  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 unforeseeable events outside our reasonable control (Force Majeure Event).
• 8.8:
  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (but is not limited to) the following:
  (a) Strikes, lock-outs or other industrial action.
  (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  (e) Impossibility of the use of public or private telecommunications networks.
  (f) The acts, decrees, legislation, regulations or restrictions of any government.
• 8.9:
  Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

09.     Use of the Website

• 9.1:
  The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
• 9.2:
  While merchandise offered online at www.kitschkaos.com will usually be priced the same as merchandise offered at our stockist’s stores, in some cases, stockist’s stores may have different prices or promotional events at different times. We cannot be held responsible for our stockist’s pricing policies.
• 9.3:
  We have done our best to display, as accurately as possible, the colours of the products shown on the Kitsch Kaos website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colours will be accurate.
• 9.4:
  You will not have any right to cancel a Contract for the supply of any “Personalised Products” this is because these Products are personalised and made specifically to meet your requests.
• 9.5:
  This provision does not affect your statutory right relating to faulty or miss-described goods. For further information about your statutory rights, contact your local Trading Standards Department or Citizen’s Advice Bureau.
• 9.6:
  Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
• 9.7:
  If you order Products from our website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
• 9.8:
  The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.

10.     General

• 10.1:
  These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supercede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
• 10.2:
  Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
• 10.3:
  The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
• 10.4:
  No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppal or otherwise, limit any of the existing or future rights of the granter in terms hereof, save in the event or to the extent that the granter has signed a written document expressly waiving or limiting such rights.
• 10.5:
  All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
• 10.6:
  By accessing and using the kitschkaos.com website, you agree that your access to and use of the Kitsch Kaos website is subject to these Terms and Conditions, as well as all applicable laws, as governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
• 10.7:
  If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at:

• wholesale@kitschkaos.com

Terms (May 2009)