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Katayoon London: Online Consumer Goods – Terms & Conditions
By clicking the ‘Accept’ button you agree to these terms and conditions. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract between Katayoon Ltd T/A Katayoon London and you (the buyer).
This website is owned and run by Katayoon Ltd T/A Katayoon London, by using the terms (“we”, “our”, “us” “Katayoon London”, “Katayoon”, “Katayoon Ltd” or “katayoonlondon.com”) we are referring to ourselves Katayoon London. The term “our online services” refers to the www.katayoonlondon.com, e-commerce website. If you use any of our online services, we will refer to you using the terms “user”, “visitor”, “you”, “your”, “yours” and the “consumer” in this policy.
What these terms cover. These are the terms and conditions which govern the basis on which we supply “goods” to you the consumer, as defined by the Consumer Rights Act 2015.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms [or require any changes], please contact us to discuss such concerns.
Who we are. We are Katayoon Ltd T/A Katayoon London a company registered in England and Wales. Our company registration number is 09036210 and our registered office is; Third Floor, 207 Regent Street, London, W1B 3HH. We are not currently VAT registered.
How to contact us. You can contact us by writing to our customer service team at firstname.lastname@example.org or Third Floor, 207 Regent Street, London, W1B 3HH.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. This email will be an acknowledgment of the exact details of your order, with a payment reference and the total value of your order that will be deducted from the payment card provided we however reserve the right to decline the order; please see Clause 10.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the product is out of stock due to unexpected limits on our resources which we could not reasonably foresee, because the card details that you have provided has been declined or we are unable to obtain authorisation, because the expiry date on your card is within 28 days of the purchase date, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
If for any reason we have notified you that we do not accept your order, or we have cancelled your order, please take the initial email receipt as an official confirmation of your order and consider this is as termination of the contract between Katayoon London and you the consumer.
Your order number. We will assign you with an order number and disclose this number to you upon acceptance of the ordered goods. Please ensure that this order number is used as a referencing tool whenever you contact us to inquire about your ordered goods.
We sell to the UK & Internationally. Our website is for the promotion of our products in the UK and Internationally. We accept orders & deliver to the UK & Worldwide.
Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website or that you have input into the measurement section have a 2% tolerance.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
Making sure your measurements are accurate. It is the responsibility of the consumer to ensure the measurements given to Katayoon London are correct. For assistance you can find information and tips on how to record accurate measurements on our website, www.katayoonlondon.com/size-guide alternatively you can contact us at email@example.com.
If you wish to make a change to the goods you have ordered please contact us immediately. We will let you know if the change is possible and whether production has started. If it is possible we will let you know about any changes to the price of the goods, expected delivery time or anything else which would be necessary as a result of your requested change. We will ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8– Your rights to end the contract).
Minor changes to the goods. The goods may be altered:
(a) to reflect and meet changes in the relevant laws and/or other regulatory requirements; and/or
(b) to implement minor adjustments and improvements to the goods.
More significant changes to the goods and these terms. As stated in the description of the goods on our website, changes may be made to these terms or the goods. Where such changes have been you will notified in writing and you may then terminate the contract before the changes take effect and receive a refund for any products paid for but not received.
Here at Katayoon London, our main aim is for you to receive your product in the fastest and most efficient method possible. Please note that all our designs are hand-crafted with excellent care and diligence and a rigorous procedure follows. Once your order has been confirmed by email, we will then provide you with the expected shipping date of your goods.
( a) Important information
(b) Duty & import charges
All of our orders that are shipped outside of the United Kingdom or Europe will be sent on a ‘pay duty/tax to carrier upon delivery’ basis which means that the relevant duty and import charges will be charged to the receiver (you). This states that the price you are paying for your product on the website does not include the relevant import taxes and duties. This means that you will be responsible for paying any applicable import/duty taxes and local duty or import fees upon receipt of the goods.
If you have any enquiries concerning duty and import charges please inform us of the goods that you are interested in and your address at firstname.lastname@example.org and we will respond with an estimate of duty and import charges that you may be liable to pay.
Once your items have reached your local customs, the shipping company will normally contact you via telephone to let you know of the costs. Please note that this could possibly delay your delivery time if unpaid, therefore it is the responsibility of the consumer to pay the relevant fees if applicable to ensure the goods are released. We cannot be held responsible for any delays by customs. If you decide not to pay any of the import taxes, we will reserve the right to charge you for any costs incurred by Katayoon London for such failures.
When we will provide the products.
Confirmation of the shipping details and expected delivery date shall be provided to you by email.
Katayoon London endeavour to ensure all goods are delivered as soon as reasonably practicable, within 30 days after confirmation of acceptance of the order OR we will contact you with an estimated delivery date OR to agree a delivery date, which will be within 30 days of such confirmation of acceptance.
We are not responsible for delays outside our control.
If our supply of your goods is delayed by an event outside of our control then we will contact you as soon as possible to inform you of the steps taken to mitigate the effect of the delay where possible. Katayoon London will not be held liable for delays in delivery of the goods or for any damage thereby caused from events outside of our control. Where such delays are foreseeable prior to the commencement of the manufacturing process of your ordered goods, you may exercise your right to terminate the contract and upon doing so, will be refunded any monies charged unless the manufacturing process has commenced. See Clause 8 for termination of the contract.
Collection by you. We do not offer this service as our goods are currently not available for collected from our business address.
If you are not at home when the product is delivered. If no one is available at your address to take delivery, the courier company generally will leave you a note informing you of how to arrange redelivery or alternatively where to collect the goods from.
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs incurred by Katayoon London. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.
When you become responsible for the goods. Katayoon Ltd remains responsible for your goods up until delivery of the goods to the address provided. Katayoon London’s responsibility then transfers to the consumer. It is the responsibility of the consumer to ensure that the address provided is the correct destination for delivery of the goods. Katayoon London will not be held liable for any delays in delivery or damage caused thereby as a direct result of the consumer failing to provide the correct address for delivery of the goods.
When you own goods. You own a product which is goods once we have received payment in full.
What will happen if you do not give required information to us. Katayoon London may require specific information from you to ensure that we can meet your order and supply the goods to you. Where applicable, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of goods to you. We may have to suspend the supply of the goods to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the goods as requested or as notified by you to us (see Clause 6).
We may also suspend supply of the goods if you do not pay. If you do not pay us for the ordered goods when required to do so and no payment is made within 3 days of us reminding you that payment is due, we may suspend supply of the goods until you have paid us the outstanding balance. Where your order of the goods has been suspended under this clause, we shall notify you in writing of the suspension, the reason for the suspension and the outstanding balance you are required to pay. Where payment of the outstanding balance is disputed, evidence may be requested by Katayoon London to confirm whether payment had been made in order to lift the suspension. We will not charge you any costs during the period for which your order for the goods are suspended.
Katayoon London ensures that it complies with all legal and regulatory requirements. Given that the goods that Katayoon London provides are tailored to the consumers requests, it is exempt from having to meet the 14 day minimum cooling-off period. Therefore, any cancellation of an order for goods must be made within 24 hours of payment being made to ensure no avoidable costs are incurred (see Clause 8.3). After the 24 hour cooling-off period work will immediately begin on your tailored purchase and any entitlement to a full refund will cease to exist. (see Clause 8.5)
As all of the items on our website are custom made to your measurements; your rights to end the contract will depend on whether there are any defects in the goods, how we are performing and when you decide to terminate the contract:
(a) If what you have bought is faulty, defective or misdescribed you may have a legal right to end the contract (or to get the product repaired, amended, replaced or a service re-performed or to get some or all of your money back), see Clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period which is 24 hours from the time of payment, but this may be subject to deductions.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided the reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6);
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a foreseeable risk that supply of the products may be significantly delayed because of events outside our control (to be read in conjunction with Clause 7.3);
(d) we have suspended supply of the products for technical reasons, or we have notified you that we are going to suspend them for technical reasons, in each case for a period of more than [30 days]; or
(e) you have a legal right to end the contract because of something we have contractually done wrong.
Exercising your right to change your mind. We know that ordering a dress for a special occasion is important. However, it is important to note that all of our dresses are made to measure. Once our production process has begun, the material cannot be reused. You will not be entitled to a full refund unless you fall under any of the “reasons of return” categories (see Clause 9). Please see Clause 8.5 (a) for our cancellation policy.
When you don’t have the right to change your mind. You do not have a right to change your mind where:
(a) The consumer is not satisfied with the measurement of the goods but such measurements are consistent with the size you ordered:
We do not grant right for a return where the goods do not fit the customer, but has been produced according to the size chart or the measurements given upon a customised measurement order. It is the customer’s responsibility to measure correctly and in accordance with our instructions. If we produced the ordered size, but the dress does not fit, we strictly do not accept any returns, because that means that the measurements given to us were wrong or that the wrong size has been ordered. The measurement guide is available on our website. Please select this link to show an illustration of what areas of the body you will need to measure www.katayoonlondon.com/sizeguide
(b) Colour variations:
If we have sent you images or a swatch of fabric and you have approved this and requested a specific colour and you later change your mind on the fabric and/or colour used for the goods, we will strictly not accept any returns. Please note that slight colour differences from the original colour are possible due to your monitor/screen. That does not mean that your goods were not delivered in the right colour. A return for this reason is therefore rejected. If you are uncertain or have any concerns regarding the correct colour, please contact our customer service immediately. We would highly recommend that you contact us via email email@example.com to request a sample swatch of the fabric of your choice for £30. This fee will be deducted from the total of your overall purchase if you decide to go ahead with your order.
How long do I have to change my mind? As all of our garments are custom made and made to measure your exact requirements it is crucial that you read our cancellation period. Following payment, the consumer has 24 hours to cancel any purchase after which Kayatoon London shall commence the design and manufacturing process. Once this process has begun following the 24-hour period, a full refund for any cancellation will not be possible and any expenses incurred by Kayatoon London shall be recoverable from the consumer. Please read our cancellation policy below carefully before agreeing to these terms and conditions:
(a) Cancellation Policy:
– If your order is cancelled within 24 hours of payment confirmation, you will be entitled to a full refund.
– If the order is cancelled within 36-48 hours after payment confirmation, you are entitled to a partial refund from 20% – 40% depending on how far into the manufacturing process Katayoon London is.
– If the order is cancelled later than 48 hours no refund shall be issued.
– As soon as the goods ordered by you are sent by Katayoon London, the order cannot be cancelled and you will only have the right to return if your reason falls under Clause 8.
The size does not fit: If we have sent the wrong size you can return the good(s) to us, it will be re-measured in our production studio in order to confirm whether the size is meets the measurements that were specified on the order confirmation of goods. If we have delivered the wrong size and this has been confirmed by us (assuming that the measurements are not the same as the measurements that have been submitted to us by you), we will assume the responsibility for the exchange or the reimbursement of the goods. After reception of the goods, we will exchange or refund the full purchase price of the goods. If an exchange or alternative goods is accepted, you will no longer retain the right of a refund. Please see Clause 8.4 (a) for the applicable exemptions to this clause.
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Please email us notifying us of your interest to end the contract, of which we will send you a cancellation form via email if your reason has been accepted for cancellation of the contract. Once you receive this please print the form, scan it and email it to customer services at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Please email us notifying us of your interest to end the contract, of which we will send you a cancellation form via email if your reason has been accepted for cancellation of the contract. Once you receive this please print the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract.
(a) Time conditions for return: In order for a return for an order of goods to be accepted please ensure that you have first contacted our customer service department within 3 days of receiving the good(s), via our email contact. After 3 days of having possession of the ordered goods, we will no longer accept any returns. Please note that only goods in their original label, packaging, and in good condition will be accepted for return strictly. Once contact has been made by the consumer to return the ordered goods, the consumer will be emailed a return form which must be completed and include the reason(s) for return. Please see Clauses 8 & 9 to establish if your reason for return qualifies under these terms and conditions. The return form needs to be filled, sent by email or alternatively if in hardcopy form, it must be included within the packaged returned goods and sent back to Katayoon London, Dephna House, 14 Cumberland Avenue, NW10 7QL.
(b) If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us to Katayoon London, Dephna House, 14 Cumberland Avenue, NW10 7QL.
When we will pay the costs of return. We will pay the costs of return:
(a) where the goods fall under one of the accepted ‘Reasons for Returns’ in Clause 9;
(b) where you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a foreseeable delay in delivery due to events outside our control (this does not include any delays that are the fault of the courier company used or customs delays. Please see Clause 7.3 for applicable exemptions to this Clause) or because you have a legal right to do so as a result of something we have contractually done wrong.
What we charge for collection. If you request to return an item and we find that there is no fault on our end, you are responsible for the costs of return, of which we will charge you the direct cost to us of collection. We charge a fee of £20 for collection of 1 or more items.
How we will refund you. Where the fault lies with Katayoon London, we will refund you the price you paid for the goods including return delivery costs, by the method you used for payment. However, refunds with regard to delivery costs will be capped at the standard delivery rate. Any additional costs in delivery shall be at the discretion of the consumer.
10. OUR RIGHTS TO END THE CONTRACT
We reserve the right to reject any offer to purchase goods from Katayoon London by you at any time and this is within our discretion. If we are unable to fulfill your request for any reason, we will contact you in writing informing you of the order cancellation and the reason for cancellation.
Please note that as our goods are extremely popular, we cannot guarantee the availability of the goods and therefore may not be able to meet all orders due to our goods selling particularly quickly.
If we are unable to provide any ordered goods, we will release the funds that are being held for that purchase if payment was made via Sagepay or Paypal. If you had made a bank transfer we will email you asking for your bank account details to refund the transaction.
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 3 working days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods;
(c) you do not, within a reasonable time, allow us to deliver the products to you;
Please note that where the contract is terminated due to no fault of Katayoon London, you the consumer may be held liable for any damages or losses that may have been incurred. Please read the above Clauses for further elaboration.
You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any monies you have paid in advance for the ordered goods we have not provided but we may apply deductions or charge you [£ 100 ] as compensation for the net costs we will incur as a result of you breaking the contract OR reasonable compensation for the net costs we will incur as a result of your breaking the contract OR a percentage of the price calculated in accordance with Clause 8.5 (a) depending on the date on which the breach of the contract occurred.
We may withdraw the product. We may write to you to let you know that we are going to stop providing any goods advertised on the Katayoon London website. We will let you know at least 3 days in advance of us stopping the supply of the goods in question and will refund any sums you have paid in advance for goods which Katayoon London are unable to provide.
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at email@example.com or Katayoon London, Third Floor, 207 Regent Street, London, W1B 3HH, United Kingdom.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract in addition to relevant legislation in accordance with but not limited to the Consumer Rights Act 2015.
Your rights under law when ordering an item through our website KATAYOONLONDON.COM are of the following: the quality of your item will be of satisfactory quality, your purchase as a bespoke order will be made to the customised sizes that you have provided and your purchase will be as described as on the listing on the website.
If Katayoon London are responsible for a failure to comply with these terms which is listed in the “reasons for return” section, we will be responsible for any loss or damage that you have suffered, however, we will not be held accountable for any unforeseeable loss or damage.
Unless pre-authorised by head office via email, we do not authorise you to use any of the items, website, or any other services that are provided by Katayoon London by any of our designers or employees for any business, re-sale, or commercial purposes without first obtaining the express consent of Katayoon London. Therefore we strictly will not be held liable for any loss of business, loss of profit, business interruption or loss of business opportunities in relation to any of our products or services. You also hereby agree that Katayoonlondon.com or Katayoon London is not responsible or liable for any computer viruses, malfunctions or system failures that could be in connection with using our website, including during hyperlinks to or from our third party websites.
The maximum aggregate liability on our end will not exceed a greater amount than one hundred pounds (£100.00) or the amount paid to us for your goods in your claim; in any given event. As each country has their own laws in relation to liability or damages and the limitation may not apply, our liability will be relevant and limited to the minimum extent of the laws of that country. None of the terms in this clause affects your statutory rights.
Our liability is not excluded or limited in anyway by (1) any personal injury or death that is caused by our negligence (2) fraud or fraudulent misrepresentation, (3) any breaches in any of the terms implied by the Consumer Rights Act 2015, namely section 9 to 13 (goods to be of satisfactory quality, fit for particular purpose, goods to be as described, other pre-contract information included in the contract and goods to match a sample) (4) any defective products that fall under the Consumer Protection Act 1987, and/or (5) any other possible liability that cannot be excluded by law.
We are responsible to you for foreseeable loss and damage caused by us only. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of Katayoon London breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is unforeseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, or that a reasonable person would have foreseen such loss or damage.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 11.2 OR including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed, and for defective products under the Consumer Protection Act 1987
We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Copyrights, Trademarks & Intellectual Property Rights
All of the available content on the Katayoonlondon.com website that includes but is not particularly limited to images, logos, buttons, icons, videos, audio clips, or any other content is the property of Katayoon London and is protected by the UK and International Copyright laws.
Any images displaying products affiliated with separate brands or companies with their logos are subject to their own trademarks not owned by us and are the property of their respective owners. These items however are not sold by us, but products may simply be used in the images such as sunglasses, or shoes, however, the brand will be credited in the descriptions.
None of the trademarks, content or any part of the website is authorised to be used, copied, duplicated or sold in full or part without any prior written consent or authorisation from Katayoon London. This includes all content on WWW.KATAYOONLONDON.COM including any coding, software or HTML. Reproduction of any of the content listed above is strictly prohibited and may result in legal ramifications against you the consumer.
How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products;
(c) to provide you with information about similar upcoming goods, including but not limited to promotional offers unless you the consumer choose to opt out of this subscription service. You may choose to opt out of this service at any time by contacting and notifying us;
(f) to make it available to insurers and police forces, for the purposes of assisting you in making an insurance claim and of came attention and prevention
We may pass your personal information to credit reference agencies. Where we extend credit to you for the goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always notify you in writing in the unlikely event of this happening and we will ensure that the transfer will not affect your rights under the contract. You cannot transfer your rights under this contract to someone else.
Nobody else has any rights under this contract. This contract is between you and us, Katayoon London. No other person shall have any rights to enforce any of these terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date subject to and within the confines of the Limitation Act 1980.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
If you require any further information with regard to your order please do not hesitate to contact us on firstname.lastname@example.org and we will endeavour to respond within 24 hours of receipt.