1.1 "Buyer" means the individual or organisation that buys or agrees to buy goods from the Seller.
1.2 "Contract" means a the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions
1.3 "Goods" means the articles the Buyer agrees to buy from the Seller
1.4 "Seller" means The Kyoto Pearl.
1.5 "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.
1.6 "Carrier" means any delivery service used for the purpose of transporting goods to The Buyer from The Seller or Seller’s contracted agent.
2.1 Nothing in these terms and conditions shall affect the Buyer’s statutory rights.
2.2 These Terms and Conditions shall apply to all contracts for Sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication to/from the Buyer.
2.3 Acceptance of delivery of Goods shall be deemed as conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4 Any variation of these Terms and Conditions (including and special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
3.1 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.
3.2 Where goods ordered by the Buyer are not available from stock, the Buyer will be contacted for advice, if contact cannot be made, the order may be held until such a time where contact is made or substitute product(s) will given to the value of the deficit.
3.3 No extra goods shall be added to orders after they have been purchased by the Buyer.
4.1 The price of the Goods shall be that stipulated on the Seller’s Website. The price is inclusive of VAT, postage and packing.
4.2 The total purchase price, including VAT will be displayed in the Buyer's basket.
4.3 The Seller reserves the right to change the total purchase price including VAT and delivery if products ordered (or substitutes) can not be supplied and/or a different postage tariff has to be applied.
4.4 Payment for goods must be received and authorised before despatch. The Seller will delay dispatch until such a time that payment has fully cleared with the required credentials.
4.5 The Seller reserves the right to request identification to verify any transaction(s) considered high risk and delay dispatch until such a time that the Seller has confirmation from both the Buyer and the card issuing bank and/or Paypal that the transaction is not fraudulent. The Seller will only dispatch to PayPal account addresses, which are deemed Confirmed within the areas PayPal states.
4.6 The Seller reserves the right to delay dispatch for orders completed with incorrect details on account of the Buyer until information has been provided to prove otherwise. The Seller reserves the right to refuse a refund until such a time.
4.7 The Seller accepts payment for orders by Credit/Debit Card and PayPal only. The Seller reserves the right to refuse payment by one or more of these payment methods by the Buyer.
4.8 If after making contact with the Buyer, payment or in the case of Credit/Debit Card authorisation is not received within 3 days the Buyer's order will be cancelled without further notice.
4.9 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.
4.10 Credit/Debit card information for the purpose of making a payment can be given to the Seller via phone, fax or through the Seller's secure payment portal which encrypts the information given.
4.11 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.
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any goods from the Website or for refusing to process an order.
6.1 Goods supplied within the UK Mainland excluding Highlands & Islands will be dispatched on a the same day providing that payment is authorised immediately and the order is placed before 2pm. Orders which do not meet these requirements or require intervention of any kind due to problems may take longer.
6.2 Goods supplied outside European mainland will only be sent on discretion of the Seller and will be delivered within the times of the postal service arranged between the Buyer and the Seller.
6.3 The Seller reserves the right to alter delivery times and prices without notice.
6.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event, the delivery time is the responsibility of the Carrier and therefore time of delivery shall not be the responsibility of the Seller where the Seller has adhered to an agreed time. Furthermore 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.
6.5 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.
6.6 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.
6.7 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.
6.8 It is the Buyer's responsibility to notify the Seller of non-delivery within 48 hours of expected delivery time.
6.9 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.
7.1 The Buyer must inform the Seller by phone or email within 24hrs or by 16:00 GMT on the day of processing (whichever is sooner) if they wish to cancel their order. The Seller reserves the right to charge the Buyer a 10% re-stocking fee if their order is cancelled after the time limit. Orders cannot be cancelled once they have been despatched.
7.2 The Buyer shall inspect the goods immediately upon receipt and shall notify the Seller by phone or email within 14 working days of delivery if goods are defective or damaged or unsuitable. Incorrect quantities must be made known to the Seller within 48hrs. The Seller shall have no liability to make right the same if notification is not received within the specified time periods.
7.3 The Seller will check that all items sent out meet the best possible standard and that no goods are sent out damaged, faulty or of an incorrect quantity. Breakages or faulty items will be replaced in accordance to the Returns Policy.
7.4 The Buyer may be responsible for the expense of returning items according to the Returns Policy of the Seller unless a prior agreement has been reached at discretion of management. All postage refunds will be in the form of store credit.
7.5 The Buyer is responsible that all items returned are in the condition in which they were sent complete with boxes, manuals, instructions, guarantees and any other packaging where applicable.
7.6 The Seller will process all returns within a maximum of 30 days of receiving the goods in the condition in which they were sent, in accordance with relevant paperwork detailed in the Returns Policy. The Seller shall be under no obligation to process a return if these conditions are not met.
7.7 Complete orders returned as 'unsuitable' by the Buyer will be subject to a 10% re-stocking fee in accordance with the Returns Policy.
8.1 All images on this website remain the property of the Seller, expressed permission is required for any person(s) wishing to use them externally for whatever purpose(s). No image shall be manipulated, copied, credited to or passed to 3rd party without the expressed permission of the Seller.
9.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
10.1 The seller shall not be liable for any delay of failure to perform any of its obligations if the delay or failure results from events and circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, terrorism, fire, breakdown of plant and 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.
11.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provisions eliminated.
12.1 The Seller shall be entitled to alter these Terms and Conditions at any time, but this right should not affect existing Terms and Conditions accepted by the Buyer upon making a purchase.
13.1 These Terms and Conditions shall be governed by and construed in accordance with the Law of England and the parties hereby submit to the exclusive jurisdiction of the English courts