Throughout the Site, the terms “we”, “us” and “our” refer to Khayni. Khayni offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on the Site.
We may modify the Terms of Services from time to time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Any new features or tools which are added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Our Site 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.
REGISTRATION & ACCOUNT TERMS AND CONDITIONS
When you place an order or register for an account you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of registration information change, please notify us immediately at the following email address firstname.lastname@example.org. We may also change registration requirements from time to time.
Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care Team. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
All orders are subject to acceptance and availability, any items in your shopping basket are not reserved and may be purchased by other customers.
Some items on the Site are made to order and have a lead time if we do not have the item in stock. Please email us at email@example.com should you have any queries on availability before ordering. Should there be any variation to any lead time given we will contact you to advise you of the position.
All international customers purchasing from us will be denoted as ‘Delivery Duty Unpaid’ (DDU) and will be charged for the items purchased and shipping costs only. Duties, taxes and other compulsory payments applicable in the country of residence are the sole responsibility of the customer and shall be paid in full by the customer. Import duty and/or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend that you contact your local customs authority to determine a landed cost price prior to purchase completion.
Prices shown on the Site are in GBP.
From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
If you are a customer whose credit/debit card is denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transactions.
ACCEPTANCE OF ORDERS
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and us will be completed when we email you to confirm the goods have been dispatched. The sale contract is concluded in England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is unavailable or out of stock.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our Site are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
We accept Visa, MasterCard, American Express and Maestro cards. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refused to authorise payment to Khayni, we will not be liable for any delay or non-delivery.
All credit/debit card transactions on the site are processed using Shopify, a secure online payment gateway that encrypts your card details in a secure host environment.
The following terms and conditions apply to the sale and use of gift cards on our Site.
- When you buy a gift card for someone, the virtual gift card will be emailed to you for onward forwarding to the person you wish to give it to.
- Gift Cards are valid for 12 months from date of purchase.
- Gift Cards can be redeemed against all products on the Site.
- The holder of the gift card will enter the unique gift card number on checkout to redeem the gift card.
- Gift cards cannot be returned or exchanged for cash.
- If your order total is less than the value of the Gift Card the remaining balance will be available for use on a subsequent purchase.
- If your order exceeds the value of the Gift Card and you will have to pay the difference by credit or debit card on checkout.
- If you return the products you have purchased using a Gift Card, the remaining balance will be added back to your gift card balance for future use.
- If you wish to check your gift card balance please email us at firstname.lastname@example.org.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. No promotional discount codes can be applied to sale items.
SHIPPING, DELIVERY AND INSURANCE
Your shipping options may vary depending on your location. Shipping options and charges are available on the checkout page of our Site for domestic and international orders. Due to the large size and weight of some of our products certain orders may be subject to additional shipping charges. We recommend that you contact email@example.com should you wish to obtain a full shipping cost prior to placing your order. Alternatively, you can place the order and customer care will contact you to advise of any additional shipping charges.
For items in stock we aim to dispatch within 48 hours. Items on pre-order or made to order will be dispatched in accordance with the lead times on our Site. For an order that contains pre-orders and in stock items, shipping is charged on dispatching the items together, therefore, goods are dispatched when all items are in stock. Lead times on the Site and are subject to change and/or delays. Should there be any variation to the lead times shown on the Site we will contact you to advise you of the position. Once goods have been dispatched, expected delivery times are next working day for domestic and 3-5 working days for international deliveries.
We endeavour to fulfil all orders placed. If we are unable to deliver to your location we will let you know.
You will own the goods from the later of (a) we receive payment in full or (b) we deliver the goods to you.
We require a signature for any goods delivered, at which point responsibility for any purchased goods passes to you. The goods are your responsibility from the time we deliver them to the address you gave us. DHL will give you the option to update your delivery preferences once goods have been shipped. Khayni will not be responsible for any delivery without signature due to your change of preferences. Delivery will have been deemed to have taken place as and when DHL leave the goods in accordance with your preferences.
All international customers purchasing from us will be denoted as ‘Delivery Duty Unpaid’ (DDU) and will be charged for the items purchased and shipping costs only. Duties, taxes and other compulsory payments when shipping internationally are the sole responsibility and shall be paid in full by the customer. We recommend that you contact your local customs authority to determine a landed cost price prior to purchase completion.
Khayni is not responsible for any delays caused by destination customs clearance processes. The importer is responsible for all matters pertaining to customs and excise import requirements in accordance with local destination laws. Khayni will assist in providing any information pertaining to products supplied. If the goods are returned to us, as per our terms and conditions you will not receive a refund for outgoing shipping. There is a 10% re-stocking fee for orders sent back to us due to failed importer compliance and any additional shipping charges for the return will be deducted from any refund due.
If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund in full for any goods you have paid for but not received.
Khayni insures each purchase during the time it is in transit until it is delivered to your specified delivery address.
RETURNS AND EXCHANGES
Right to Cancel under ICACR’s
If you are based in the EU you have the right to cancel your order with us provided you give us written notice. You have the right to cancel your order with 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you receive thee last of the goods.
To exercise the right to cancel, you must inform us by email to firstname.lastname@example.org.
For orders cancelled under the ICACR’s, we will issue you with a full refund including the basic shipping cost of getting the goods to you in the first place. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:
(i) 14 days after the day we receive back from you any of the goods supplied; or
(ii) (if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction.
To return cancelled orders please email email@example.com for the returns address. You shall return without any undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.
You will have to bear the cost of returning the goods.
For bespoke orders the ICACRs does not apply.
RETURNS AND REFUNDS
A refund will be offered on any unsuitable items returned to us in unused conditions within 28 days of date of receipt. We are unable to refund any damaged or used goods returned. We do not offer a refund for goods returned after the 28-day period.
Arrangement for returns, shipping and handling charges are the responsibility of the sender returning the goods. Items must be returned to us in unused and in as new condition in their original packaging with all labels and tags (if applicable) still attached. Refunds will be made against the original payment method.
There are two options available for you to arrange a return. You have the option to arrange the return yourself with your own couriers. We cannot be held responsible for non-delivery of returned items. The other option available is for you to return the parcel using our courier. We will email the returns label for you to print and attach to the parcel and schedule a convenient pick up time for you. Notification must made to us in writing within 3 working days before the expiry of the 28 day return period in order for us to arrange a collection. The shipping and handling charges that our courier charges us will be deducted from the final refund amount made against your original payment method. For either option, please email firstname.lastname@example.org for assistance.
In addition to the above terms the following conditions apply in respect of the following items.Cushions
- If purchasing cover only and a fault occurs with the zip when you are inserting the inner then no refund can be given.
- As all cushions are made to order any orders totalling 10 cushions or more will be deemed a bespoke order.
- All cushions designed to your specification are deemed bespoke orders.
- As all frames are made to order any orders totalling 10 frames or more will be deemed a bespoke order.
- All frames designed to your specification are deemed bespoke orders.
- All tableware designed to your specification are deemed bespoke orders.
- All home accessories designed to your specification or sourced on your request are deemed bespoke orders.
- If items are being shipped specifically to fulfil your order then this will be deemed to be a bespoke order.
- All furniture designed to your specification or sourced on your request are deemed bespoke orders.
- If items are being shipped specifically to fulfil your order then this will be deemed to be a bespoke order.
All damaged items must be reported to us in writing within 24 hours after delivery with the necessary images.
We do not offer an exchange policy. We therefore suggest that you return it for refund and purchase a new item separately in this instance.
HOW TO RETURN A PRODUCT
To arrange a return please email us at email@example.com and we provide you with further return details.
RECEIVING A REFUND
Once your item has been received and inspected, we will email you to notify you of the approval or rejection of your refund. Your refund will be credited to your original payment method.
Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers.
We have made every effort to display as accurately as possible the colours of our products that appear on our Site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.
If you have any queries or need any further help please contact us at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (graphics, photographs, image rights, text, sounds, music, video and audio on this Site), including all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Khayni and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Khanyi tries to ensure that the information on this site is accurate and complete. Khanyi does not promise that the Content is accurate or error-free or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms of Service, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than Khayni, including advertisers. Khanyi has not reviewed all of the sites linked to its Website and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Khayni, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Khayni and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
If you have a complaint about us email email@example.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The Terms of Service together with all our policies and procedures will be governed by and construed in accordance to the English law and the relevant courts of England and Wales will have exclusive jurisdiction