1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 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 either of us may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Kathmandu (U.K.) Limited, a company registered in England and Wales. Our company registration number is 04818360 and our registered office is at Russell House, Oxford Road, Bournemouth, Dorset, BH8 8EX. Our registered VAT number is 821094454
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 066 5018 or by emailing us at [email protected] or writing to us at Kathmandu Customer Services, c/o Davies Turner Logistics, Phase II Warehouse, Dartford Freight Terminal, Edisons Park, Crossways, Dartford, Kent DA2 6QR.
2.3 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 which you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 When you place your order at the end of the online checkout process and you click on the ‘Place Order’ button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Please note that you can only place an order with us if you are over the age of 18.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because your payment has not passed our transaction security measures, because you are under 18 years of age, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified. You must provide a physical delivery address at the time of purchase as we are not able to deliver to a PO Box. We do not deliver to freight forwarder addresses.
3.4 You can place orders over the telephone by calling our Customer Service team on 0800 066 5018. To find out more about how to place a telephone order, please visit our telephone orders page.
3.5 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1 Products 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 The packaging of the product may vary from that shown on images on our website.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be necessary as a result of your requested change, and we will ask you to confirm whether you wish to go ahead with the change.
6.1 Delivery costs. The costs of delivery will be as displayed to you during the ordering process.
6.2 When we will provide the products. We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control 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 and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. Someone will need to be present at the delivery address to accept the order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the products from our store or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 refund any money which you have paid. We reserve the right to deduct our reasonable costs.
6.6 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products and if any of the following apply then, unless we agree otherwise with you, you may treat the contract as at an end straight away:
6.6.1 we have refused to deliver the products;
6.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Delivery of the product will be deemed to have taken place from the time we deliver the product to the address you gave us.
PRICE AND PAYMENT
7.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 7.2 for what happens if we discover an error in the price of the product you order.
7.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. 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 in our price list, 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 products provided to you.
7.3 When you must pay and how you must pay. We accept payment with PayPal, Clearpay, Mastercard, Visa, American Express or Kathmandu gift cards for online purchases. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
7.4 We take website and credit card security extremely seriously and always endeavour to provide a secure safe platform on which to conduct online transactions. The Kathmandu websites are secured by Comodo SSL certificates and Cloudflare. Our primary payment gateway is operated by Cybersource, a VISA company. No credit card data is ever stored by Kathmandu.
7.5 Card transactions may be subject to fraud management checks, to help protect our customers and reduce our exposure to fraud. Orders which meet pre-defined criteria will be held for approval before the funds are withdrawn from your account and the order subsequently released. A pre-authorisation amount may be put in place by the card issuing bank until the order is confirmed and the payment is settled. We will aim to contact you as soon as possible if your order is held for review, so that we can verify your payment details and clarify any discrepancies. Orders will be accepted once we are satisfied the transaction can be confirmed as legitimate. We reserve the right to reject any order where the customer is unable to verify their payment method or respond to any reasonable concerns. This adds an additional layer of protection and reassurance for our customers but may result in a delay in order completion if we are unable to contact you.
8.1 Exercising your right to cancel (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to cancel within 14 days following the day after you receive your products, and then receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. In addition to your statutory right to cancel, we offer a 30 day goodwill change of mind returns policy; for further information please refer to our Returns and Exchanges policy.
8.2 You do not have a right to cancel in respect of products sealed for health protection or hygiene purposes once these have been unsealed after you receive them.
8.3 How long do I have to change my mind? You have 14 days from the day following the day we deliver the products to you, unless your products are split into several deliveries over different days. In this case you have until 14 days from the day following the day we deliver the last item to notify us that you wish to exercise your right to cancel your contract.
8.4 Notifying us that you want to end the contract. To end the contract with us, please let us know by doing one of the following:
8.4.1 Phone or email. Call customer services on 0800 066 5018 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.4.2 By post. Write to us at:
c/o Davies Turner Logistics
PHASE II WAREHOUSE
Dartford Freight Terminal
Edisons Park, Crossways,
Dartford, Kent DA2 6QR
IF THERE IS A PROBLEM WITH THE PRODUCT
9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact us by telephoning our customer service team at 0800 066 5018 or by writing to us at [email protected].
9.2 Summary of your legal rights. Please see the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.