Terms & Conditions
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller. This includes where the person or organisation buys or agrees to buy Goods from the Seller on behalf on another person or entity e.g. as a gift, or for resale.
1.2 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
- “Goods” means the articles that the Buyer agrees to buy from the Seller.
- “Seller” means Khali Khutta.
- “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
- “Carrier” means any delivery service used for the purpose of transporting goods to The Buyer from The Seller or Seller’s contracted agent.
- Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights.
- These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
- Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
- Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- This contract shall be governed by and construed under English Law and any disputes arising between us shall be subject to the non-exclusive jurisdiction of the English Courts.
Placing an Order
- All orders for goods shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
- Where goods ordered by the Buyer are not available from stock, the Buyer will be contacted for advice. The Buyer will have the option to receive a full refund or wait until the Goods are available.
- If contact cannot be made, the order may be held until such a time where contact is made or the Seller shall cancel and order and issue a full refund to the Seller.
- No extra goods shall be added to orders after they have been purchased by the Buyer unless agreed to in writing by the Seller.
Price and Payment
- The Price of the Goods shall be that stipulated on the Seller’s website. The Price excludes delivery charges.
- The total purchase price, including delivery charges, if any, will be displayed in the Buyer’s basket.
- Full Payment including delivery charges must be received before dispatch of the Goods.
- All payments are to be made by the Buyer in GBP (Pounds Sterling). Any use of foreign Credit/Debit cards may incur additional charges as set by the Buyer’s card issuer.
- Orders can only be sent to the name and address used when placing the order.
- All Credit/Debit card transactions are logged against address and IP address and are processed in accordance with the Data Protection Act. Any fraudulent transactions will be logged and full co-operation upon request with lawful authorities will be made. We reserve the right to refuse a refund regarding any transaction deemed fraudulent.
Rights of Seller
- The Seller reserves the right to adjust the price and specification of any Goods on their website at their discretion.
- The Seller reserves the right to withdraw any Goods from the website at any time.
- The Seller shall not be liable to anyone for withdrawing any Goods from the website or for refusing to process an order.
- The Seller shall be entitled to alter these Terms and Conditions at any time. This right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
- The Seller is not liable for injury or incident resulting from the use, proper or otherwise, of any Goods purchased or received by the Buyer.
- The Seller endeavours to process and dispatch all orders within 3 working days from receiving the full payment including shipping fees. Orders are dispatched from United Kingdom.
- For estimated delivery times please see our FAQs page.
- The Seller reserves the right to alter delivery times and prices without notice.
- The Seller reserves the right to refuse delivery for any or no reason.
- The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery time or as a result of any customs or excise duties due or any other import related fees due.
- Delivery of the Goods shall be made to the Buyer’s address specified in the order. The Buyer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery in accordance with the Sales of Goods Act. The Seller shall not be liable for any parcels left with a 3rd party. The Buyer may select an alternative delivery address in the case of an item being purchased as a gift.
- The title and risk in the goods shall pass to the Buyer upon delivery and the Seller will not be liable for their loss or destruction from this point on.
- It is the Buyer’s responsibility to notify the Seller of non-delivery within 48 hours of expected delivery time.
- The Seller will accept no responsibility if incorrect details are given when ordering. Responsibility lies solely with the Buyer to make sure that any details given are correct.
Cancellations and Returns
- The Buyer must contact the Seller via email at firstname.lastname@example.org within 7 days (14 days for EU residents) of receiving the Goods if they wish to return any Goods.
- The Buyer must return Goods to the Seller within 5 days of contacting the Seller and agreement of a return being made between the Buyer and Seller. The buyer is responsible for the cost of returning Goods, which must be in appropriate packaging to protect it for shipping and adequately insured with tracking. In such cases, the Buyer will be refunded, less the cost of dispatch.
- Any Goods returned by the Buyer must be received by the Seller in a saleable condition, which shall be decided by the Seller. Where loss or damage has been incurred due to the Buyer, the Seller reserves the right to refuse any refund.
- Lip balms and other intimate Goods cannot be returned except in the case of error by the Seller.
- If Goods are found to be defective (such as manufacture error) the Buyer must contact the Seller immediately. The Buyer must cooperate with the Seller to ascertain the nature of the defect and must not return the Good to the Seller until specifically agreed in writing by the Seller. If Goods are indeed defective and a return agreed in writing by the Seller, the Buyer must return the Goods to the Seller and will receive a full refund, including shipping costs.
- In the event of goods being returned to the Seller due to non-delivery, the Buyer will be advised. Redelivery costs will be the responsibility of the Buyer. Goods returned for a refund in this manner, will be subject to a 10% re-stocking fee. No refund shall be given if returned Goods are received in unsaleable condition excepting those returned under clause 6.5 above.
- No refunds will be made to the Buyer until Goods are received by the Seller.
- The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. This includes delays, loss or damage to Goods accepted for delivery by the Carrier.
- When the Buyer visits www.khalikhutta.com or sends e-mail(s) to the Seller, the Buyer is communicating with the Seller electronically and by doing so consents to receive communications from the Seller electronically. The Seller will communicate with the Buyer by e-mail or by posting notices on khalikhutta.com. The Buyer agrees that all agreements, notices, disclosures and other communications that the Seller provides to the Buyer electronically satisfies any legal requirement that such communications be in writing.