TERMS OF SALE
IMPORTANT NOTICE – PLEASE READ THE GENERAL TERMS & CONDITIONS OF SALE FOR KARA JUNIOR PRODUCTS SET FORTH BELOW VERY CAREFULLY.
GENERAL PROVISIONS
These general terms and conditions of sale (“ToS”) apply to all sales of Kara Junior products (“Product”, “Products”) carried out through the https://karajunior.com/ website (“Website”).
The sale of Products under this ToS is available to customers (“you”) who have reached the age of 18 (eighteen) years and have full legal capacity to enter into a contract in their country. Kara Junior (“we”, “us”, “our”) expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from the resale, intent or attempt to resell any Product purchased from the Website.
The language of any contract of sale through this Website shall be English.
We reserve the right, at our discretion, to amend or update or delete all or part of our ToS at any time without notice and will post the updated ToS on the Website. It is your responsibility to regularly review our ToS to determine if there have been any changes, as they are binding to you. In the event of a dispute as to the interpretation of this ToS, our interpretation shall be final.
This ToS should be read along side, and are in addition to, our Privacy Policy and Terms of Use of the Website. By submitting any order through the Website, you agree to be bound by and accept our ToU, ToS and Privacy Policy.
If you have any questions or comments concerning the contents of our ToS, you may contact us at https://karajunior.com/contact-us.
By contacting our Customer Care team, you agree that your data will be transferred outside your country.
PRODUCT INFORMATION AND AVAILABILITY
Information on our Products and relevant prices are available on the Website. We reserve the right to make adjustments to the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements.
Pictures of the Products displayed on the Website may not correspond to their actual appearance. In particular, the colours, material, texture of the Products shown on your screen may vary from the actual Products. The information included on the Website should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete and timely sources of information.
We reserve the right, at our discretion, to limit the quantities and/or types of any Products available from the Website. We may change or discontinue a Product or any of its features, as described on the Website, at any time and without any notice.
Please note that Products in your shopping cart are not reserved and may be purchased by other customers.
We shall not be liable for the unavailability of a Product and/or errors occurring as a result of a failure or loss of your connection to the Website.
PRICE
Prices of Products are indicated on the Website in U.S. Dollars and are exclusive of all applicable taxes and charges. Shipping costs shall be added to the price of the Products during the checkout process.
We make all reasonable effort to ensure that all prices quoted on our Website are accurate, occasionally however, errors may occur. In the event a Product is listed at an incorrect price, we will, at our discretion, contact and offer you the opportunity to purchase the Product at the correct price or cancel the order. We reserve the right to refuse or cancel the order regardless of whether the order has been confirmed or payment has been made. If you have already paid for the purchase and the order is cancelled, we will issue a credit to your original form of payment. We are under no obligation to sell the Product to you at the incorrect price.
We reserve the right to change the prices at any time and without notice.
PLACING AN ORDER
To purchase a Product, you must add the selected Product to the shopping cart, fill in the order form with your personal details (name, address, email, telephone number, shipping/billing address), select your payment method, accept our general terms and conditions (Terms of Use, Terms of Sale, and Privacy Policy), and place your order through the Website.
We reserve the right to accept, modify, or reject any order for any reason whatsoever and in whole or in part, including if adequate facilities or resources are not available to fulfil your order. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.
We reserve the right to withdraw or amend any Products and services at any time without notice or explanation and/or remove or edit any materials or content on this Website. We will not be liable if for any reason our Website or services are unavailable at any time, or for any period.
All our Products are Made to Order that is they are made specifically for you after an order has been placed. Certain Products can be designed and/or personalised to your specifications.
Prior to completing your order, you must ensure that you have checked and preview your order carefully, the design, product and quantity you have chosen fully meet your requirements and you wish to proceed with the order. You understand that once submitted, your order cannot be altered or cancelled due to the automated systems we utilise. We have no obligation to proof, edit or change any of the personalisations you made.
We are not responsible for mistakes you make including, without limitation, low quality images that may appear blurry in print, the choice of layouts, text style or colour, unfinished text, typographical, spelling and grammatical errors or any other creative inputs you make.
You are prohibited from posting, uploading or sharing any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered objectionable in any way, a criminal offence, give rise to civil liability, or otherwise violate any law.
PAYMENTS
You must pay the price of the ordered Products and all fees and charges incurred in relation to your order including but not limited to, if any, taxes, insurance, shipping and handling fees, customs clearance and import duties.
Payment in full is required before we can process your order.
We accept payments made with PayPal, Visa, MasterCard, and American Express. All card payments are processed by PayPal.
We currently do not accept cash, cheques or any other payment form. If your payment cannot be processed for any reason, we will cancel your order and our contract with you will end immediately.
You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank, or other payment institution as a result of us processing your payment.
SHIPPING AND DELIVERY
The purchased Products shall be delivered by a courier service provider selected by us to the address indicated by you when placing the order. We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to P.O. Boxes, freight forwarders or hotels.
Orders are processed Monday through Friday, excluding Saturday, Sunday and holidays.
Any delivery times specified are estimates only and we cannot be held responsible for the performance of our couriers. Delayed delivery is not a basis for cancellation of the order or a request for compensation.
Upon delivery of the Products, you are required to verify:
– the number of items being delivered corresponds to that indicated in the shipping confirmation email,
– the packaging and seals are intact, undamaged, or altered in any manner.
Any damages to the packaging and/or the Product or discrepancies in the documentation or the number of items must be immediately indicated in writing on the carriers’s delivery receipt.
CANCELLATION AND RETURNS
The right of withdrawal does not apply to orders for personalised Products and made to order Products. To the maximum extend permissible by law, withdrawals, cancellations, exchanges or returns are not accepted unless a Product has manufacturing defects.
We carefully screen each Product for any damage or defect due to errors in our production process before they are packed for shipping. You must check the Products at the time of delivery in order to ascertain that they match the order and have no manufacturing defects.
If a Product sold by us through this Website has manufacturing defects, you must immediately contact us at https://karajunior.com/contact-us and send us the photo/s of the defective area/part. All defective Product must be returned to us within 14 (fourteen) days upon our request.
Damage, alteration or modification to the Products caused by you is not a manufacturing defect. For example, without limitations, extensive use or wear, normal wear and tear, non observance or care instructions are not manufacturing defects.
The Product shall be returned in its original condition, unaltered, unused, undamaged, in its original packaging and with original tags and labels attached.
If a returned Product does not meet the conditions for its return, we will send back such product to you and you will be liable for the cost of delivery back to you.
We will refund you the amount paid for the returned Product within 14 (fourteen) days from the date we received the Product back from you. The original shipping cost incurred at the time of purchase are non-refundable. We will refund you using the same payment method that you used when you placed your initial order.
By contacting our Customer Care team, you agree that your data will be transferred outside your country.
PROMOTIONS AND SPECIAL OFFERS
We may offer you from time to time promotions and special offers that may be used at the time of purchase of a Product. Promotions and offers are valid for one time use on a single transaction only and are non-refundable, non-transferable and not redeemable for cash. They cannot be used in conjunction with any other promotion or offer and must be redeemed within the specified date range. The promotional or special offer code must be entered at the time of checkout.
We reserve the right to end such promotion or special offer early and reject the promotional code at any time, and to refuse to allow you to participate in the promotion or special offer.
You may be required to pay for any additional amount if your order exceeds the offer value. However if your order is less than the offer value, you forfeits the remaining balance.
We are not responsible for any loss or theft of any promotional or special offer codes.
LIMITATION OF LIABILITY
We and our affiliates or agents will not be liable for any incidental, indirect, special or consequential damages including, but not limited to:
– loss of profits, business, revenues or savings, including in the event that we have been advised of the possibilities of such damages or if such damages are otherwise foreseeable, in each case, whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; or
– any claims, demands or actions against customer by any third party.
Our liability in connection with any Product purchased through the Website is strictly limited to the purchase price of that Product.
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 (“Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following – strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; and any shipping, postal or other relevant transport strike, failure or accidents. 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.
DISCLAIMER
Our failure to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. A waiver by us of any default shall not constitute a waiver of any subsequent default. If any provision of the ToS is held invalid, unlawful or unenforceable to any extent, the remainder of the ToS shall continue to be valid to the fullest extend permitted by law. We may assign our rights under the ToS to any third party without notice or consent.