Welcome to Kisumu Accessories

Terms and conditions

Amber Jewellery Limited t/a Kisumu

Terms and Conditions of Business

This page (together with the terms set out in the "Our Service" page of our website) sets out the terms and conditions on which we supply the goods (including any catalogues or stationery) ("Goods") listed on our website www.kisumuaccessories.com ("our website") to you. Please read these terms and conditions carefully before ordering any Goods from our website. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.

Before placing your order you will be required to click on the button marked "CONFIRM" to accept the terms and conditions. Please understand that if you do not wish to accept these terms and conditions, you will not be able to order any Goods from our website.

1. Information about us

1.1. www.kisumuaccessories.com is a website operated by Amber Jewellery Limited ("we"). We are registered in England and Wales under company number 003309815 and with our trading address at 22/24 Cheetham Hill Road, Manchester M4 4EZ.

2. Your status

2.1. By placing an order through our website, you warrant that:

2.1.1. you are legally capable of entering into binding contracts; and

2.1.2. you are a trade customer and are purchasing the Goods for the purpose of resale by way of a business and that you are not acting as a consumer.

3. Application for a customer account

3.1. You will not be able to purchase Goods from our website until we have set up a customer account for you. Once we have set up your customer account, we will send you your user name and password. You must treat this information as confidential, and not disclose it to any third party.

3.2. We reserve the right to terminate your customer account at any time.

4. How the contract is formed between you and us

4.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by taking payment and delivering the Goods. The contract between us ("Contract") will only be formed when we accept your payment or deliver the Goods (whichever is sooner).

4.2. The Contract will relate only to those Goods whose dispatch is confirmed in our delivery note. We will not be obliged to supply any other Goods which may have been part of your order.

5. Minimum order

5.1. No order will be accepted unless the total value of the order equals or exceeds the minimum order size current at the time of the order as specified on the "Our Service" page of our website. We may amend the minimum order size from time to time at our sole discretion.

6. Catalogues and pricing

6.1. We produce a list of recommended retail prices for the Goods. Please note, however, that you are entirely free to sell the Goods to your customers at any price you choose, be that a higher or lower price than our recommended retail price.

6.2. We produce a catalogue which you can, if you wish, use in selling Goods which you have purchased from us to your own customers. There are two forms of this catalogue: one which includes our recommended retail prices and one which has no prices.

6.3. We will provide you with 10 copies of the catalogue (either version) following the setting up of your customer account by us. There will be no charge for these catalogues.

6.4. Any subsequent catalogues should be ordered from us through our website. You will be charged for the catalogues at the then current rate together with VAT and postage costs.

7. Description

7.1. All descriptions, photographs or illustrations contained in our catalogues or on our website are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract.

7.2. All Goods shown in our catalogues and on our website are imitation jewellery unless otherwise stated.

8. Availability and delivery

8.1. Delivery details are set out on the “Our Service” page of our website. We shall endeavour to deliver your order within the delivery times specified on the “Our Service” page of our website. However, any dates specified by us for delivery of the Goods are intended to be an estimate only and time for delivery shall not be of the essence.

8.2. You, or your representative, will be required to sign to accept delivery of the Goods.

8.3. If for any reason you fail to accept delivery of any of the Goods or if we are unable to deliver the Goods because you have not provided appropriate instructions or documents:

8.3.1. risk of loss or damage to the Goods shall pass to you; and

8.3.2. the Goods shall be deemed to have been delivered; and

8.3.3. we may store the Goods until delivery, whereupon you shall be liable for all related costs and expenses.

We may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the Contract.

9.Non-delivery

9.1.The quantity of any consignment of Goods as recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

9.2.We shall not be liable for any non-delivery of Goods (even if caused by our negligence) unless you give written notice to us of the non-delivery within 14 days of the date when the Goods would in the ordinary course of events have been received.

9.3.Our liability for non-delivery of the Goods shall be limited to issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods or refunding to you any payment which you have made to us for the Goods.

10.Risk and title

10.1.The Goods will be at your risk from the time of delivery or deemed delivery.

10.2.Ownership of the Goods will only pass to you when we receive full payment (in cleared funds) of all sums due in respect of:

10.2.1.the Goods, including delivery charges; and

10.2.2.all other sums which are or which become due to us from you on any account.

11.Price and payment

11.1.The price of any Goods will be as quoted on our website from time to time, except in cases of obvious error.

11.2.These prices are inclusive of VAT but exclusive of delivery costs, which will be added to the total amount due as set out in the delivery section of the “Our Service” page of our website.

11.3.Prices are liable to change at any time, but changes will not affect any orders which we have already accepted.

11.4.Our website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.

11.5.Payment for all Goods must be by credit or debit card acceptable to us. We accept payment with most major credit and debit cards. Payment must be made at the time of the order. We will not actually charge your credit or debit card until we despatch your order.

11.6.If you fail to pay us any sum due pursuant to the Contract, we reserve the right to charge you interest on such sum from the due date for payment at the annual rate of 2% above the base lending rate from time to time of the Natwest Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. We also reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

12.Quality/ returns

12.1.We warrant that (subject to the other provisions of these terms and conditions) on delivery the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

12.2.We shall not be liable for a breach of the warranty in condition 12.1 unless the Goods are returned to us at your expense within 14 days of the date of delivery (we recommend that you use recorded delivery and keep your proof of postage) using a completed returns form which can be downloaded and printed from our website.

12.3.We shall not be liable for a breach of the warranty in condition 12.1 if the defect arises because you failed to follow our instructions as to the storage or use of the Goods or you alter or repair the Goods without our written consent.

12.3.We shall not be liable to you for any alleged loss, theft or damage of the Goods in transit unless this is notified to the carriers and ourselves immediately following delivery and, where it is alleged that the Goods are damaged, the Goods are returned to us in accordance with condition 12.2.

12.4.For hygiene reasons, we do not accept returns on worn earrings or body jewellery.

12.5.Our jewellery is imitation jewellery unless otherwise stated. Due to the nature of such jewellery and its low cost, it will go off colour over time, especially metal based jewellery. We shall not be liable to you for any jewellery that has discoloured.

12.6.Subject to conditions 12.2 to 12.5, if any of the Goods do not conform with the warranty in condition 12.1 we shall issue you with a credit note in the sum of the price paid for such Goods. If we do this, we shall have no further liability for any breach of the warranty in condition 12.1 in respect of such Goods. In particular, but without limitation, we shall have no obligation to replace the Goods.

12.7.In no circumstances shall we be obliged to credit you with the price paid for delivery of the Goods.

13.LIMITATION OF LIABILITY

13.1.EXCEPT AS SET OUT IN CONDITION 13.2, AND FOR THE CONDITIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 (AS AMENDED), ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM EACH CONTRACT.

13.2.NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS OUR LIABILITY:

13.2.1.FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR

13.2.2.UNDER SECTION 2(3), CONSUMER PROTECTION ACT 1987; OR

13.2.3.FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY; OR

13.2.4.FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

13.3.SUBJECT TO CONDITIONS 13.1 AND 13.2:

13.3.1.OUR TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THE PERFORMANCE OR CONTEMPLATED PERFORMANCE OF THE CONTRACT SHALL BE LIMITED TO THE CONTRACT PRICE; AND

13.3.2.WE SHALL NOT BE LIABLE TO YOU FOR LOSS OF PROFIT, LOSS OF BUSINESS, OR DEPLETION OF GOODWILL IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, OR ANY CLAIMS FOR CONSEQUENTIAL COMPENSATION WHATSOEVER (HOWSOEVER CAUSED) WHICH ARISE OUT OF OR IN CONNECTION WITH THE CONTRACT.

14. Export Sales

14.1.If you order goods 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.

14.2.Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. we will not be liable for any breach by you of any such laws.

14.3.If you order goods from our website for delivery outside the uk but within the european union, we will require your vat number, otherwise vat will be charged at the current uk rate. vat will not be charged on sales to countries outside the european union, provided we receive evidence of export in a form satisfactory to us.

15. Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. when using our website, you accept that communication with us will be mainly electronic. we will contact you by e-mail or provide you with information by posting notices on our website. for contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. this condition does not affect your statutory rights.

16. Notices

All notices given by you to us must be given to amber jewellery limited at the address set out in these terms and conditions or such other address as we notify to you and must quote your account number. we may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in condition 15 above. notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

17. Transfer of Rights and Obligations

17.1.The contract between you and us is binding on you and us and on our respective successors and assigns.

17.2.You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

17.3.We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

18. Events outside our control

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 events outside our reasonable control.

19. Intellectual property and limited use of website material

19.1.You recognise and agree that all copyright, database rights, trademarks and other intellectual property rights in all material and/or content of our website or our catalogue is owned by us or our licensors and shall remain at all times vested in us or our licensors unless otherwise agreed by us or our licensors in writing.

19.2.Following the creation of your customer account and for so long as you remain an account holder, we grant you a non-exclusive, non-transferable, royalty-free licence to use the images of goods shown on our website on your own website in order to show the goods to your own customers. you may not, however, use any images of goods which feature models (i.e. persons) in such images, and no rights are granted in respect of these images.

19.3.We will have no liability for the use of the images by you.

19.4.We reserve the right to terminate the licence granted pursuant to clause 19.2 at any time. the licence will automatically terminate if you cease to be an account holder. on termination of the licence, you agree to cease using the images of goods in any way.

20.Waiver

20.1.If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

20.2.A waiver by us of any default shall not constitute a waiver of any subsequent default.

20.3.No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 16 above.

21. Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22. Entire agreement

22.1.These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

22.2.We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

22.3.Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

23. Our right to vary these terms and conditions

23.1.We have the right to revise and amend these terms and conditions from time to time.

23.2.You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we accept your order (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods).

24. Law and Jurisdiction

Contracts for the purchase of goods through our website will be governed by english law. any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of england and wales.