Karate Fun Ltd – Sale of Goods & Services
General Terms & Conditions
These terms apply to services and products ordered via the Internet, by telephone and orders by post.
Seller’s details:
The Seller is Karate Fun Ltd.
Our company registration number is SC414454.
Our registered Office is at 2 Blackhill Court, Glasgow, G23 5NL, Scotland.
Conditions:
Unless otherwise agreed in writing these conditions shall prevail over any conditions stipulated by the Buyer.
Delivery:
Unless otherwise and previously agreed in writing (on each occasion) between the Seller and Buyer, acceptance by the Buyer of goods which have been ordered shall occur upon delivery, or attempted delivery, to the Buyer.
If the Buyer fails to take delivery, the Seller is entitled to consider the order cancelled or if agreed the Seller may redeliver, but is entitled to charge a re-delivery fee.
Any date of delivery given by the Seller to the Buyer shall be an estimate date only and while the Seller will endeavour to comply with such date the Seller shall not be responsible for late delivery.
Without prejudice to the generality of the foregoing the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Seller.
Where the Seller offers goods for standard delivery this is on the assumption that the goods are normally held in stock. If at any time an order is placed by the Buyer, but the goods are not available for whatever reason, the Seller shall notify the Buyer, and rearrange delivery and offer to dispatch at the earliest available opportunity.
If the Buyer refuses to accept delivery the return carriage and/or storage of the goods will be put at the expense and risk of the Buyer without prejudice to any other rights of the Seller under these conditions otherwise.
Delivery By Instalments:- Where delivery is by instalments each instalment shall be deemed to form a separate contract and non or late delivery of any instalment shall affect the balance of the contract or entitle the Buyer to cancel the same.
Payment:
Any payments made online using our checkout service are done so at your own risk and the unlikely event of fraudulent use the Buyer is entitled to cancel their payment and be reimbursed by Paypal and/or the card issuer.
Payment Methods Accepted:- Payment via online ordering for goods and services is via Paypal. Postal orders and cheques are accepted in GBP currency only. Goods will not be dispatched until bank clearance of cheques. Bank Transfer is also acceptable – please contact us should you wish to pay for goods or services by Bank Transfer.
Prices:
Prices for goods shown in the online shops exclude postage & packaging and insurance where applicable. VAT and other taxes or duties are included in the prices displayed. VAT receipts/invoices will be issued automatically to trade, wholesale and bulk orders and upon request for private retail purchases.
Quantity:
The Seller cannot always fully guarantee exact quantities in respect of any goods supplied. Any quotations given by the Seller shall not constitute an offer for sale or representation that those goods are available for sale. Where any products appear in stock but in fact are not, the Buyer will be contacted and given the option to cancel their order if they so wish.
Size of Goods:
Unless specifically warranted (in writing) as accurate all sizes referred to are approximate only.
Risk:
All goods are at the Buyer’s risk from the time of delivery or collection by the Buyer or to the delivery stipulated in the contract.
Defects:
Any claim that any Goods or Services have been delivered damaged, are not of the correct quantity or do not comply with their description shall be notified by the Buyer to the Seller within 30 days of their delivery in writing by email or letter.
Any alleged defect shall be notified by the Buyer to the Seller within 30 days of the delivery of the Goods or Services, or in the case of any defect which is not reasonably apparent on inspection within 2 days of the defect coming to the Buyer’s attention and in any event within the following periods:
Any claim under this condition must be in writing and must contain full details of the claim.
The Seller shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Buyer shall if so requested in writing by the Seller promptly return any Goods or Services the subject of any claim and any packing materials securely packed and paid to the Seller for examination.
The Seller shall have no liability with regard to any claim in respect of which the Buyer has not complied with the claims procedures in these conditions.
Contract Scope
Under no circumstances shall the Seller have any liability of whatever kind for:
- Any defects resulting from wear and tear, accident, improper use by the Buyer except in accordance with the written instructions or advice of the Seller or the manufacturer of any Goods or Services
- Any Goods or Services which have been adjusted, modified or repaired except by the Seller.
- The suitability of any Goods or Services for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Seller.
- Any substitution by the Seller of any materials or components not forming part of any specification of the Goods or services agreed in writing by the Seller.
Extent of liability:
The Seller shall have no liability to the Buyer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Seller or in any way of or in connection with the performance of or failure to perform the Contract except for death or personal injury resulting from the Seller’s negligence, and expressly stated in these conditions.
If the Buyer establishes that any Goods or Services have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description the Seller shall replace with similar Goods or Services any Goods or Services which are missing, lost or damaged or do not comply with their description; or accept the return of the goods and credit the Buyer with the price thereof.
No claim against the Seller shall be entertained for any defect arising from any design or specification provided or made by the Buyer or if any adjustment, alteration or other work has been done to the Goods or Services by any person except the Seller.
The Seller shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in these Terms and Conditions.
In no circumstances shall the liability of the Seller to the Buyer under this condition exceed the invoice value of the Goods or Services.
General:
The Seller may at its discretion suspend or terminate the supply of any Goods or Services if the Buyer fails to make any payment when and as due or otherwise defaults in any its obligations under this Contract or any other contract with the Seller or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or the Seller shall be discharged of any liability in respect of the Buyer’s property.
If the Goods or Services are manufactured in accordance with any design or specification provided or made by the Buyer the Buyer shall compensate the Seller in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party.
All artwork, drawings, specifications and other data provided by the Seller shall remain the property of Karate Fun Ltd except for any which is expressly agreed to be included in the Goods and Services.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Scotland.