Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website Kandaka Shop online, Kandaka Cosmetics Ltd (our sites) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
By purchasing from our site, you Accept to these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you must refrain from ordering any Products from our site.
- Information about us
1.1. Kandaka Shop Online is a site operated Kandaka Cosmetics Ltd (we). We are registered in England and Wales under company number 12145167 and with our registered office at 89 Bloemfontein Road, White City, London W12 7DA.
- Your status
By placing an order through our site and or from our shop, you warrant that:
2.1.1. You are legally capable of entering into binding contracts;
2.1.2. You are at least 18 years old
2.1.3. You are a Trader, individual and/or Trained Hairdresser / Barber to use these products.
- How the contract is formed between you and us
3.1. 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 a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been proceed and dispatched (the Dispatch Confirmation) and Invoice. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
- Our status
4.1. Please note that in some cases, we accept orders as agents on behalf of third-party sellers. The resulting legal contract is between you and that third-party seller and is subject to the terms and conditions of that third-party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction. 4.2. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third-party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third-party seller.
- Consumer rights
All transaction is under Business to Business or Business to Trade contract.
5.1. If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
You will not have any right to cancel a Contract for the supply of any Products which have been personalised or which are perishable.
5.3. Details of this statutory right, and an explanation of how to exercise it, are provided in our refunds policy (clause 9 below). This provision does not affect your statutory rights.
5.4. you must be a company or trade client; all personal orders are at your own responsibility;
5.4.1. You may only cancel a Contract if we are in breach of sub-clause 10.1 and you notify us of the same in writing within 14 days;
5.5. Upon issuing a notice to us in accordance with sub-clause 5.4.1 you must, at your own cost, return the Products to us. Within a reasonable time of our receiving the returned Products we will inspect them to ascertain whether they do not comply with the warranty at sub-clause 10.1. If they do not, we will, at our discretion, repair the goods, replace the goods or cancel the Contract and refund the cost of the returned Products to you. If, following our inspection of the Products we believe the Products do comply with the warranty set out at sub-clause 10.1, the Contract will not be cancelled and we will, at your expense, return the products to you. If you do not agree to pay for the Products to be returned to you, we will not be liable to refund any monies to you and title in the Products will revert to us.
- Availability and delivery
6.1. Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2. If a delivery date is specified, then such date is not binding and is for indication purposes only. Any delivery date specified is not of the essence and failure by us to deliver the Product(s) on any delivery date shall NOT result in us incurring any liability to you or in you being able to cancel a Contract or avoid your obligations arising under these terms and conditions.
6.3. The Products will be delivered to the delivery address you provide when placing your order. If you fail to take delivery of the Products or fail to give us enough delivery instructions in relation to the agreed or proposed date for delivery, then we reserve the right to charge you subsequent extra delivery charges.
6.4. Where you have ordered more than one Product these may be delivered together or separately.
6.5. Products will not be delivered until we have received full payment for those Products.
6.6. If In the event that you do not take delivery of the Products we may, at our discretion, store them at your cost and risk until they can be re-delivered at your cost.
6.7. Please ensure that the Products are as ordered and undamaged on delivery. Please open each box and check that everything is as ordered and appears in good condition.
6.8. If any of the Products are damaged or lost, you must not accept delivery of the damaged Products. You must make a note on the delivery drivers notes and contact us with the details of the damage within 48 hours of delivery. If you do not check the Products before signing the drivers notes, then a claim cannot be made against the courier company. If you are unable to check when the driver is there, please sign for goods as “unchecked”.
6.9. We advise that you do not confirm any planned start dates with your proposed installer until the Products are safely received and you have had an opportunity to check the Products for any defects.
6.10. Please note that we are unable to accept P.O. Boxes as an address for delivery.
6.11. Delivery can only be made to delivery point; delivery point the entry point of your shipment address adjusted to the public road / space.
6.12. No installation or fixture can be made, and we are not responsible for the assembly of your order beyond its packaging.
- Risk and title
7.1. The Products will be at your risk from the time of delivery.
7.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- Price and payment
8.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2. These prices exclude VAT and delivery costs, which will be added to the total amount due as detailed at the time of your order
8.3. 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.
8.4. Our site contains many Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6. Payment for all Products must be by credit or debit card. We accept payment with Visa credit, Visa debit, Mastercard. We will charge your credit or debit card before we despatch your order.
- Our refunds policy
9.1. When you return a Product to us:
9.1.1. because you have cancelled the Contract between us within the 14 days cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
9.1.2. for any other reason (for instance, because have notified us in accordance with paragraph 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3. All damaged Products, wherever possible, should be returned in their original packaging.
9.4. If the item is returned to us in non-original packaging or no packaging, there will be a 50% restock fee. All return items must be in reselling condition and in unopened boxes.
- Our liability
10.1. We warrant to you that any Products purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2. Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased:
10.3. This does NOT include or limit in any way our liability:
10.3.1. For death or personal injury caused by our negligence;
10.3.2. Under section 2(3) of the Consumer Protection Act 1987;
10.3.3. For fraud or fraudulent misrepresentation; or
10.3.4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
10.4.1. loss of income or revenue
10.4.2. loss of business
10.4.3. loss of profits or contracts
10.4.4. loss of anticipated savings
10.4.5. loss of data
10.4.6. loss of data, or
10.4.7. Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories 10.4.1 to 10.4.7 inclusive of this clause 10.4.
10.5. Where you buy any Product from a third-party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
- Intellectual Property
11.1. You are NOT permitted to change or remove designations of patents, trademark, copyright notices, brands, trade names or other intellectual property rights from any Product.
- Import duty
12.1. If you order Products from our site 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, delivery fees. 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.
12.2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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.
All notices given by you to us must be given to Kandaka Cosmetics Ltd at 89 Bloemfontein Road, White City London W12 7DA UK. 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 clause 14 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.
- Transfer of rights and obligations
16.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
16.2. 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.
16.3. 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.
- Events outside our control
17.1. 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).
17.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
17.2.1. Strikes, lockouts or other industrial action.
17.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5. Impossibility of the use of public or private telecommunications networks.
17.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
17.2.7. The non-delivery or late delivery of products or services to us by third parties engaged by us.
17.3. 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.
18.1. 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.
18.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3. 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 clause 15 above.
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.
- Entire agreement
20.1. 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.
20.2. 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 be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
20.3. 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.
- Our right to vary these terms and conditions
21.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
21.2. You will be subject to the policies and terms and conditions in force at the time that you order products 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 send you the Dispatch Confirmation (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 Products).
21.3. We have the right to revise and amend our listed products from time to time to reflect changes in market conditions affecting our business, changes in products brand, technology, payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities without any prior notifications in the means.
- Law and jurisdiction
Contracts for the purchase of Products through our site/shop and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.