Terms and Conditions 2009
1. Online Shopping
1.1 Every care has been taken to ensure that the photographic representation, description and specification of each product is accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Before you place an order you should read these terms and conditions carefully as they contain important information about your order.
1.2 By submitting an order to us through our website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details.
1.3 Visitors under the age of 18 should not register with this website or submit any information to us.
2. Acceptance of your Order
2.1 You can place an order in one of two ways, either online or over the telephone through our Orderline.
2.2 Non-acceptance of an order may be a result of one of the following:
* The product you ordered being out of stock - see Product Availability
* Our inability to obtain authorisation for your payment
* The identification of a pricing or product description error
* Failure to meet the eligibility to order criteria set out in the Terms and Conditions
2.3 Online
2.3.1 Shortly after you have placed an order with us by pressing the ‘Make a Payment Button’ an email will be sent to you acknowledging the exact details of your order. This email is not an order confirmation or order acceptance from Kala Gallery. Should you not receive an acknowledgment within 5 business days, please contact our Customer Services Team on (Katie mobile) or You can e-mail us at info@kalagallery.co.uk This e-mail address is being protected from spambots. You need JavaScript enabled to view it or submit a support ticket through our online support centre.
2.3.2 Acceptance of an order placed by you online and the completion of the contract between you and Kala Gallery will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order Cancellation instructions set out below.
2.4 Over the Telephone
2.4.1 We will be delighted to help you place an order over the telephone, advise you on the range of merchandise we offer on our website and help you with queries about payment.
2.4.2 Our Kala Gallery Online Call Centre and Orderline are open from 8am - 8pm (GMT) Monday - Saturday. Please call (Katie Mobile). As mobile and other network call charges may vary, please refer to your service provider for more details).
3. Order Cancellation
3.1 If you wish to cancel your order placed online or over the telephone, please contact our Kala Gallery Customer Services Team by:
* Calling (Katies Mobile). As mobile and other network call charges may vary, please refer to your service provider for more details) between from 9am to 5pm (GMT) Monday to Saturday.
* Forwarding your acknowledgement email to us at info@kalagallery.co.uk This e-mail address is being protected from spambots. You need JavaScript enabled to view it stating your intention to cancel the order.
* Or writing to:
Kala Gallery Customer Services
Katies home address
3.2 It may not always be possible to stop an order from being dispatched, as we endeavour to process orders immediately. If your order has already been dispatched please return the order following the instructions contained within the parcel. Please note that your right to return goods does not apply to certain products. Further details are set out in our Returns Policy at clause 4.
4. Returns Policy
4.1 The Returns Policy is for goods purchased on the website or over the telephone.
4.2 Unwanted goods may be returned for a refund or exchange. Please return them in their original condition, unused (with their original packaging), with garment tags still attached within 14 days of cancellation (see clause 3.1 for ways to cancel) with the Returns Form provided.
4.3 Save for the limitations in clause 4.4 to 4.6 below, in order to obtain a refund you must notify us of your intention to cancel your contract within 14 days of receipt of the goods (or prior to delivery) in accordance with clause 3.1. The original delivery charge will be reimbursed in full.
4.4 Except in relation to faulty or incorrectly supplied goods where your statutory rights are unaffected the following items may not be returned:
* Goods which have been made or ordered to a customer's specification;
* Bedding that has been used and washed;
* Item(s) that are damaged after you have recieved it in good order;
4.6 Although your statutory rights as a consumer will not be affected, the goods are second hand without the packaging and we may not therefore be able to exchange them voluntarily. You can take the goods out of the packaging to try them out, but don't throw it away.
4.7 Refunds will be made against the original form of tender. Refunds and exchanges on purchases made on 10% event day are subject to a 10% adjustment.
4.8 When returning goods on which you have received a discount or special offer, that discount/offer will no longer apply if you fall below the discount/offer threshold and the refund will be adjusted accordingly. Additionally any free promotional gift issued with an order must also be returned if you are returning those goods.
4.9 How to Return or Exchange
4.9.1 Fill out the Returns Form you recieve from our customer support team, noting whether you would like a refund, credit note or an exchange of your goods.
4.9.2 Use the Returns Label provided and attach it to the front of the original packaging. Package the merchandise to prevent damage, enclosing the Returns Form and the Despatch Note. If you no longer have the Returns Label, goods should be sent to the following address:
Kala Gallery Customer Returns
Katie address
4.9.3 We strongly recommend that you use registered post, recorded delivery or another secure method of delivery, retaining the receipt until you have received credit for your return. We regret that we cannot be held responsible for non-delivery of returned goods.
4.9.4 If you wish to return goods that have been delivered to you at a pre-arranged delivery time, for example large or bulky goods, please contact the Kala Gallery Customer Services Team on (Katie number) to arrange collection or replacement.
4.9.5 Please note that the return costs will not be reimbursed. Postage or other return costs will be the customer's responsibility and will be reimbursed by us only in the case of damaged or incorrectly supplied goods.
4.9.6 The goods must be returned unused, with all garment tags attached and with their original undamaged packaging. We will consider the condition of the goods being returned when making a refund.
4.9.7 Please return the item to us within 14 days of cancellation in order to receive a full refund or exchange. If you notify us of your intention to cancel the contract but do not return the goods to us we reserve the right to deduct the cost incurred by us in recovering the goods, from any refund you are owed.
4.9.8 If you would like to discuss the exchange or return of any item, or have any further questions about our returns policy please contact our Kala Gallery Customer Services Team on (Katie number).
4.9.9 None of the above terms affect your statutory rights when goods are faulty or incorrectly supplied nor does it affect your rights under the Consumer Protection (Distance Selling) Regulations.
5. Payment Methods
5.1 We only accept payment for orders in £ sterling.
5.2 We accept payment by American Express, JCB, Maestro, MasterCard, Visa,Visa Debit and Pay Pal.
5.3 If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in £ sterling at the conversion rate applied by the relevant payment scheme at the time of processing your order.
5.4 Please note, we cannot guarantee the security of data which you send us by email. Accordingly, please do not send us payment information using email. For details of the security measures we employ please read our Security and Privacy policy.
5.5 Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
5.6 Please note that Kala Gallery does not accept cash or cheques as payment online or over the telephone.
6. Pricing Policy
6.1 All prices shown on the website are in £ sterling and are inclusive of VAT, where applicable. Prices may change and offers may be withdrawn at any time.
6.2 UK VAT will be automatically deducted (where applicable) from merchandise dispatched to non-EU countries. The total deduction will be clearly indicated during the checkout process.
6.3 Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
7. Product Availability / Information
We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values.
8. Delivery Information
Please note that the below delivery information applies only to orders placed online through kalagallery.co.uk or telephone orders made through Kala Gallery Office.
8.1 Delivery Timing
8.1.1 Please note Kala Gallery cannot guarantee specific delivery dates and therefore, please allow up to 7 working days for delivery within Mainland UK and 14 working days for Non-Mainland UK and International delivery unless alternative dates are stated in the product description, this is subject to goods being in stock and you should allow for a longer delivery time during the Christmas and sale periods. We are unable to guarantee delivery earlier than this time frame.
The term "Non-Mainland UK" includes the Channel Islands and Northern Ireland.
8.2 Mainland UK Delivery
8.2.1 Delivery charges will be applied to your order when you proceed to the checkout.
8.3 Non-Mainland UK and International Delivery
8.3.1 Please note delivery charges are based on UK Mainland address, for more detailed costs please contact our Customer Services Department at info@kalagallery.co.uk or telephone (katies mobile).
8.3.2 We reserve the right to withdraw Non-Mainland UK and International delivery at anytime.
8.3.3 We cannot be held accountable for delays in customs clearance.
8.3.4 Other Items
Delivery charges for all other items are based on calculated volumetric weight and delivery destination and will be quoted during the checkout process prior to your order being charged. The charge includes a 2% administration charge.
8.3.5 Import Duty
Kala Gallery cannot be held responsible should local customs authorities wish to charge any import duty on such items. The recipient is responsible for paying the duty.
9. General Conditions for Kala Gallery Gift Vouchers
10.1 The conditions of use as set out below, the Terms and Conditions above and any condition on the reverse of the Kala Galley Gift Voucher itself shall apply for the Kala Gallery Gift Voucher. Please read these conditions of use in full before buying / using the Kala Gallery Gift Voucher.
10.2 About Kala Gallery Gift Voucher
Kala Gallery Gift Vouchers are emailed to you at your registered e-mail address, and are available for purchase online in denominations of £10, £20, £50, £100 and £500.
10.3 Payment
10.3.1 Price of the Gift Card is exclusive of VAT and it will be treated as another form of tender towards future purchases.
10.3.2 All Kala Gallery Gift Vouchers ordered from this website or by telephone must be paid for in £sterling using the permitted methods detailed in clause 5 (Payment Methods). Please also consider our Pricing Policy at clause 6.
10.4 Using Kala Gallery Gift Vouchers
10.4.1 The Kala Gallery Gift Voucher is redeemable in full or part payment for goods.
10.4.2 You can only purchase a maximum of 5 cards in any one transaction.
10.4.3 The balance on this Gift Voucher will be issued as a credit in the form of a unique voucher code which will be emailed to you upon completion of your order.
10.4.4 Kala Gallery Gift Vouchers will expire after 24 consecutive months of non-Use.
10.4.5 You may check the expiry date of your Kala Gallery Gift Voucher by contacting us at info@kalagallery.co.uk
10.4.6 For Amex customers must call their bank to notify them before ordering should the delivery address be different from their card billing address.
10.4.7 Kala Gallery Gift Vouchers will be emailed directly to your registered e-mail address.
10.5 Lost Gift Voucher Codes
Kala Gallery is not responsible for lost or stolen Voucher codes, once issued. The Harrods Gift Card cannot be replaced if lost, stolen or damaged.
10.7 Returns
10.7.1 You can only return a Kala Gallery Gift Voucher provided it has not been used and you comply with the Return Policy in clause 4 otherwise you cannot return a Kala Gallery Gift Voucher or redeem it for cash and no change will be given (the Kala Gallery Gift Voucher has no cash value after purchase).
10.7.2 Any refund of an item purchased using a Kala Gallery Gift Voucher will be made in accordance with Kala Gallery Store Policy.
12. The Website
12.1 We may change the Kala Gallery website and correct or update information (including product information) on it or change these terms and conditions at any time without notice.
12.2 Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.
12.3 You may access and use the website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may:
12.3.1 retrieve and display the content of the website on a screen;
12.3.2 print copies of the content for your own personal use; and
12.3.3 store the content in electronic form (except that you may not store it on any server or other storage device connected to a network).
12.4 You may not use this website or its contents:
12.4.1 for commercial purposes;
12.4.2 for resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of this website (eg. item listings, descriptions, prices);
12.4.3 to download (other than page caching) or modify the website, or any portion of it;
12.4.4 to interfere with or disrupt any network or web site connected to this website or gain unauthorised access to other computer systems;
12.4.5 to interfere with the enjoyment or use of the website by any other person;
12.4.6 for any purpose which is unlawful.
12.5 In addition you may not in relation to this website, use any:
12.5.1 data mining, robots, or similar data gathering and extraction tools;
12.5.2 framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the website;
12.5.3 meta tags or any other "hidden text" which uses our name or trade marks.
12.6 Using this website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
12.7 We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.
12.8 You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
12.9 This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trade marks, database rights and other intellectual property rights.
12.10 This website may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this website.
13. Liability and Indemnity
13.1 We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or customer services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or customer services (including without limitation, any such loss arising out of or in connection with any order placed on the website or through the Orderline, whether or not accepted by us).
13.2 You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.
13.3 We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.
14. Privacy and Communications
14.1 When you place orders online or by telephone, we collect certain personal and transactional information (eg name, address, email address, credit/debit card details) from you. For details on how we use this information, please read our Security and Privacy policy.
14.2 To fulfil our obligations to you under these Terms and Conditions we communicate with you by email and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.
15. Jurisdiction
The website and telephone Orderline are controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place on our website or over the telephone are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or your use of customer services or any order you place on the website or through the Orderline.
16. General
16.1 We may change these Terms and Conditions at any time. If any of these terms and conditions are invalid or unenforceable, the remainder of these terms and conditions shall continue to have full force and effect.
16.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.
16.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
17. Customer Support
Please contact our Kala Gallery Customer Services Team in the event of any queries:
Email: info@kalagallery.co.uk
Registered users can submit a support ticket through our online customer services page.
19. Our Details
Kala Gallery
6 Keighley Raod
West Yorkshire
Hebden Bridge
HX7 8LL
www.kalagallery.co.uk
info@kalagallery.co.uk
+44 (0) 780 751783