The following are the terms and conditions (called
"these Terms") for the sale of goods by us and replace any previous terms
and conditions. The Company intends to rely upon these Terms. If you want
to change them, please make sure you ask for any changes to be put in
writing. This is to avoid any misunderstandings as to what we and you
are expected to do. It is important that you read and understand these
Terms before ordering from us. If there is any term that you do not understand
please notify us before ordering.
Please read through the Terms carefully before placing your order
and then if you are ordering from our website print a copy for future
reference.
We may change these Terms from time to time without notice to you.
However, any changes will only apply to any subsequent orders received.
Purchasing from our website or catalogues
The contract between us will be formed once we confirm to you acceptance
of your order. We will do this by email for internet orders, by telephone
for phone orders and for postal orders, when we despatch the goods.
Prior to then we will be under no obligation to supply you with the
goods you have ordered.
It is your responsibility to verify that your email address is in
proper working order and must assume the risk of all consequences for
transmission or operational failures.
Data Protection
Please note that by sending us your order, you agree to us using your
personal details in order to supply the goods to you (which may involve
passing them on to relevant third parties such as delivery firms). We
will ask for your permission if we wish to use your details for any
other reason [and you may ask us in writing to remove your details from
our system by writing to our address.] We will not pass your details
to a third party.
Price
The price shall be the price quoted on the website or the catalogue
except for when we make an error or if the price has changed since publication.
If we have made an error, then we will inform you of this as soon after
you have placed your order as possible and will tell you the correct
price and ask you if you still wish to place your order with us. If
we have not heard back from you within 10 days, then we will presume
that you did not want to place your order again with us and we will
give you a full refund if you have already paid.
You will be required to pay extra for delivery.
Payment and Delivery
Payment can be made by credit card or cheque via post. Please make
all cheques payable to Atsuko Kudo.
We will deliver to the address given to us by you at the time you
place your order. Though we usually work to agreed delivery times between
ourselves and the customer please allow up to 14 days for delivery/courier
services.
All ordered items are to be collected or claimed within 6 months of
the order date. Items not collected or claimed in that time will be
returned by us to stock and offered for sale except where prior arrangement
has been made for us to store or save such items on the customer's behalf.
Business Customers
This condition will only apply to business customers.
In spite of delivery having been made, title in the goods shall not
pass to you until you have paid all sums due to us. Notwithstanding
that the goods remain our property, you may sell them, however, you
must hold the sale proceeds on trust for us until we have been paid
in full.
Availability of goods you order
If we are unable to provide you with the goods you have ordered, you
will be contacted as soon as possible at which point you will be offered
the choice of accepting substitute goods of equivalent value or a complete
refund of any sums that you have paid.
Cancellation and Return
Goods returned for a refund due to a change of mind or circumstance
on the part of the customer will incur a 10% handling fee to cover administration,
credit card and/or PayPal costs. Postage/shipping/packing and insurance
costs incurred by us are non-refundable.
Should you wish to cancel your order then please send written notice
to us not earlier than the time when the contract was concluded and
not later than 7 (seven) working days following the day that the goods
were received in one of the following ways:-
* By Telephone:- +44 (0) 207 700 4631 Once you have notified us of your cancellation then any sums paid
by you will be reimbursed within 30 days (other than our costs if we
have to recover the costs from you). Where you do cancel your order,
you are under a duty (until the goods are returned to us or collected
by us) to retain possession of them and to take reasonable care of them.
Where you cancel your order the goods may either be: -
1. Returned to us at your cost; or For hygiene reasons we will not accept returns or cancellations of
orders for any intimate objects. We will not accept cancellations or
returns of items which are soiled or in less than perfect condition.
Delivery
We will try to deliver the goods within the period(s) specified above.
If we are not able to do so, then we will inform you and you may, if
you wish, cancel the contract and we will fully reimburse you.
We will not be under any liability to you for any delay or failure
to deliver if the same is wholly or partly caused directly or indirectly
by circumstances beyond our reasonable control.
We strongly suggest that, upon receipt, you inspect the goods and
advise us if the delivered goods are not what you ordered or are faulty.
We will not be liable under our agreement with you for any loss or
damage caused by us or our employees or agents in circumstances where
i) there is no breach of a legal duty of care owed to you by us or by
any of our employees or agents; ii) such loss or damage is not a reasonably
foreseeable result of any such breach; iii) any increase in loss or
damage results from breach by you of any of these Terms.
We are not responsible for indirect losses which happen as a side
effect of the main loss or damage and which are not foreseeable by you
and us (such as loss of profits or loss of opportunity).
As a consumer, you have certain rights by law regarding the return
of defective goods and claims in respect of losses caused by any negligence
on our part or our failure to carry out our obligations. These terms
and conditions shall not affect those rights.
Our liability to you in the event of death or personal injury from
our negligence is unlimited.
General
The benefit of any contract entered into with us is personal to you
and only you can enforce the contractual terms.
If any provision of the Terms is unenforceable this will not stop
the rest of the provisions from being enforceable.
Relevant United Kingdom law will apply to any contracts between us.
Definitions
"you" and "your" means the person, firm or company who enters into
a contract with us.
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© Atsuko Kudo 2001 ~ 2008