Terms of service
TERMS & CONDITIONS
At Kura Organics we strive to deliver the highest quality products to you each and every time. If our products or our service ever fail to live up to the very high standards we set of ourselves, then our promise to you is that we will do all we can to put things right.
The following terms and conditions are provided to explain the legal relationship between our company, Kura Organics Limited (which, if you ever need to look us up, is registered in England and Wales with the number 11855380 and has its registered office at 6 Commer House, Tadcaster, Leeds LS24 9JF) (from here on we will just refer to ourselves as “Kura”, “we” or “us”) and “you” the customer. We won’t pretend these terms are a riveting read, but it is important we make you aware of them as by visiting our site and/or purchasing something from us, you agree to be bound by them.
For your information, reference hereafter to the “Terms” includes both these terms and conditions, and those additional terms and conditions and policies referenced herein and/or available by hyperlink.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your statutory rights are not affected by these Terms.
1.1. The following clauses in this clause 1 relate solely to the pre-order process during the initial months of the website going live.
1.2. We are offering all our subscribers and customers the opportunity to pre-order certain Kura products before we have officially marketed them for sale on the website.
1.4. This means that customers will be asked to reserve a Kura product in return for payment for that product received by Kura up front.
1.5. Customers that have pre-ordered our products will be sent a customer acknowledgement e-mail, and will be kept up to date as to anticipated delivery dates. Time is not of the essence in relation to pre-orders.
1.6. You may cancel your pre-order at any time prior to us giving you a confirmed delivery date by notice to us and shall be entitled to a full refund.
1.7. As with the normal ordering process set out below, a contract shall only come into force between us upon the dispatch of the order to you.
2. Order process
2.1. All of the goods which appear for sale on ourweb site, www.kura-organics.com (we’ll just refer to this as "the website" going forward) are advertised as invitations to treat, and no offer of sale shall be implied. This is a legal term which essentially means that Kura are not legally bound to sell you our products as soon as you place an order.
2.2. By placing an order with Kura you are offering to purchase the goods detailed within that order, which Kura may or may not accept at our sole discretion. Unfortunately, we need this flexibility to ensure that we can always supply exactly the product you want and within a timeframe that we can achieve.
2.3. It is important that all the information you provide is accurate, which is why that, upon the contract coming into effect between us, you undertake to us that all details you provide for the purpose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the costs of the products you are purchasing.
2.4. If for any reason your credit card details are incorrect or there is not enough money in your account to purchase the product(s) or for any other reason the order cannot be processed, Kura will have the right to rescind the contract and, upon our election to do so, the order will be cancelled.
2.5. If there are any changes to the details supplied by you, it is your responsibility to inform Kuraas soon as possible of those changes.
2.6. You are deemed to place an order with us by ordering via our online checkout process. Once you have ‘checked out’, we will send you an order acknowledgement by email (to the address you provided to us through the order process). This will detail the products you have ordered.
2.7. From a contractual perspective, our acceptance of your order takes place when we dispatch the order to you. When we dispatch the order the purchase contract will be made even if your payment has not been processed immediately unless we have notified you that we do not accept your order or you have cancelled your order for any reason.
2.8. Regrettably, sometimes we may have to refuse to accept an order:
2.8.1. where goods are not available (although we will aim at all times to ensure the website is as up to date as possible in terms of stock levels it will not always be possible to do so);
2.8.2. where we cannot obtain authorisation for your payment;
2.8.3. if there has been a pricing or product description error;
2.8.4. if you do not meet any eligibility criteria set out in our Terms;
2.8.5. if the order is to be delivered outside of Mainland UK. For orders outside the Mainland UK, please contact orders@kura-organics.com;
2.8.6. if your order for personalised products contains content, which is deemed inappropriate for an order, i.e. threatening or abusive;
2.8.7. if we believe your order is for commercial or other non-domestic concerns; and
2.8.8. we reserve the right to cancel any order that we deem offensive.
3. Price and Payments
3.1. The price of the products is as quoted on the website and includes VAT charges where applicable.
3.2. All prices are exclusive of delivery unless otherwise stated. Details of our delivery charges can be found here.
3.3. Payment will be taken by continuous payment authority. We currently accept payment by American Express; Apple Pay; Google Pay; Maestro; Visa; Paypal; Mastercard and Shopify Pay. We reserve the right to add a payment charge for any or all of the above payment methods.
3.4. If your payment details change, your card provider may provide us with updated card details. We may use these new details for you future parcels in order to help prevent any interruption to the service, If you would prefer to opt out from this service, please contact us at hello@kura-organics.com.
3.5. You agree not to hold us responsible for banking charges incurred due to payments on your account.
3.6. Goods are always subject to changes in supply levels, supply prices and currency fluctuations. We reserve the right to change the price of any product at any time prior to entering into a contract with you however we will notify you at least 14 days in advance of any change in fees and this will not affect your statutory rights to be able to cancel your order following any such change at any time.
4. Product description
4.1. Unfortunately, because of the nature of selling via the internet and product variability, we cannot guarantee that the product colours will be of an exact likeness as seen or as described.
4.2. Although we strive to portray images in a realistic light, sometimes we are governed by what imagery is available. Product imagery is sometimes displayed in an aesthetic manner (mood shots may be used) and may not necessarily be in conformance with the approved use of such products.
4.3. We strive to portray the products as near as we can to the actual colour ways, but we have no control over your personal computer and its settings. Some products incorporate natural materials (e.g. wood, leather, etc.) which may also vary slightly. Therefore colours of products may vary slightly 'in the flesh' from the colour that is portrayed on the website.
4.4. As our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on the website will have a tolerance of no more than 5%. Although every effort is made to keep the Website as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order.
4.5. The packaging of the products may vary from that shown on the website
5. Use of the website
5.1. All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trademarks, and logos) are owned by us. You acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
5.2. The website is for personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from this website. You may only download to your personal computer for viewing purposes and print out a number of pages of this web site for your personal use.
5.3. You agree not to impersonate any other person or use a false name or a name that you are not authorised to use while using the website.
5.4. You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
5.5. We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
5.6. From time to time the website may include links to websites of third parties (“external parties”) that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the external site(s). We assume no responsibility for the content, privacy policies or operation of such linked external site(s), or for anything provided (or not provided) by the third parties controlling such linked external site(s).
5.7. If you create a link to the website and we needyou to remove it, we reserve the right to ask you to do so.
6. Your account
6.1. When purchasing products from the website, you will be given the option to register to set up an account with us by completing the registration form on the website. The purchase of individual products can be done either via a guest checkout or completing the registrationform.
6.2. In order to register an account you must be an individual, over the age of 18 years, and agree to comply with these Terms.
6.3. When signing up you need to provide:
6.3.1. your full name; and
6.3.2. a valid email address.
6.4. You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
6.5. You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
6.6. You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
6.7. We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website, to users who have registered with us.
7. Discount Codes
7.1. From time to time, we may offer promo codes which may apply to any, or certain specified purchases made through the website. Each promo code will be subject to specific terms & conditions specified at the time the promo code is issued (including the length of time to use the code) in addition to those mentioned in these Terms.
7.2. Only one promo code can be used against an order at any one time. A promo code can't be applied to an order after that order has been placed. A maximum spend limit of £500 (or equivalent local currency) pre-discount applies per order.
7.3. Certain brand or product category exclusions may apply so we’ll let you know if you can't use your promo code on anything before you complete your purchase. If the promo code has expired, you won’t be able use it.
7.4. We’re afraid we can’t accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.
7.5. If a promo code is offered on the website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.
7.6. Promo codes are non-transferable and cannot be exchanged for cash.
7.7. If you receive a promo code, it can only be used by you on your own account for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders on the website. Don’t pass your code directly on to others or make it available to others (for example, posting it on social media or on a forum).
7.8. If we believe that at the point of purchase or retrospectively you are abusing the use of promo codes in any way (for example, selling them to others), we reserve the right to cancel your promo code or suspend/close your account without letting you know beforehand.
8. Giveaways
From time to time we run giveaway competitions via our social media pages. The Terms relating to any such giveaways will be posted on this page from time to time, so please keep your eye out and have a look.
♡ MOTHER'S DAY COMPETITION ♡
For your chance to win a KURA Organic Baby Wrap in your choice of colour, simply follow @kuraorganics on Instagram/Twitter or like our page on Facebook, like the competition post for that day and tag a new mum (or mum to be) who is doing a fantastic job. All entrants must be UK residents and following @kuraorganics on Instagram, Twitter or Facebook. The competition opens on 16/03/20 and ends 23:59 GMT on 22/03/20 – any entries made after that time will not be counted. The two winners will be picked at random and contacted directly. The prize will be posted via Royal Mail directly to the winner’s nominated address within 7 working days of being contacted. The prize is subject to availability, non–transferrable and there is no cash alternative available.
9. Your privacy
In order to provide you with the very best service, we collect personal information about you through your use of the website and our services. All information that we collect about you is subject to our Privacy Policy.
10. Liability
10.1. Your child’s safety and comfort when using our products is of our paramount concern however will always remain your sole responsibility. Please strap them into your car seat or pushchair securely according to the manufacturer’s recommendations. Always follow the manufacturer’s instructions regarding harness fitting in any product for which the Kura product is being used in. Other than as set out in this clause, Kura does not accept any liability for any injuries resulting from the use of a Kura product.
10.2. We attempt to ensure that the information available on the website at any one time is accurate and up to date. However, for obvious reasons, Kura assume no duty to update such information and cannot guarantee that it will be fault-free. No-one is perfect.
10.3. We have spent a lot of time and energy to make sure our website looks as beautiful as our products do. However, Kura does not accept liability (except as set out below) for any errors and omissions in the presentation of goods on the website and reserves the right to change information, specifications and descriptions of listed goods and products at any time. Kura will, however, do its best to correct any errors and omissions as quickly as practicable after being notified of them.
10.4. Our website was created by a third party and is hosted by a third party. We have done all we can to make sure our website is a safe shopping experience for all of our customers. However, Kura does not make any warranty that the web site is free from infection by viruses or anything else that has contaminating or destructive properties.
10.5. Kura’s only liability to you or any other party in relation to this contract will be for an amount equal to the purchase price of the relevant products purchased in relation to that contract and then only to the extent that such a loss was foreseeable.
10.6. That said, nothing in this clause or otherwise in these Terms shall exclude or in any way limit our liability for:
10.6.1. fraud or fraudulent misrepresentation;
10.6.2. death or personal injury caused by our negligence;
10.6.3. breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
10.6.4. under Part I of the Consumer Protection Act 1987; or
10.6.5. any other liability to the extent the same may not be excluded or limited as a matter of law.
11. Miscellaneous
11.1. While we will try not to do so unless we absolutely must, we retain the right and ability to revise these Terms at any time by updating this posting. You should check this website from time to time to review the then-current terms and conditions because they are the terms that will be binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given you notice of them then it is advised that you should not continue to use the website.
11.2. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
11.3. If any provision of these Terms is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
11.4. Only the parties to these Terms may seek to enforce them. Nothing in these Terms is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.
July 2019