Terms and Conditions
Terms and Conditions for Use and Sales – last updated December 2012
1.1 These terms & conditions set out the terms between you “the customer” and us “Kitaba”.
1.2 Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
1.3 You should not use this website if you do not accept with these terms & conditions in full.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.
2.5 We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the shipment of that order and any related items.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
5. Your Order
5.1 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.2 Your offer is only accepted by us once we dispatch of your order.
5.3 Product items not included within the dispatched goods are not included in the order and contract between you and us.
5.4 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.5 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 We reserve the right to ship products at a later date (up to 42 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
6.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund.
6.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 7 working days from the day after you receive your goods.
7.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.
7.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
7.5 No right of cancellation exists for personalised goods or goods that are intimate in their nature or goods where there may be hygiene issues, unless defective.
7.6 Please observe the following procedure for all returns to us:
7.6.1 On the back of your delivery note or on another piece of paper, (if you no longer have your delivery note), include your order number and the reason for the return.
7.6.2 If you are returning your product because it is defective, please state the defect or defects.
7.6.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
7.7 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
7.8 You are responsible for paying any postage or shipping costs incurred when returning the product.
7.9 We recommend that all returns be sent by registered post, so that a record of the return is available for you.
7.10 We will not issue refunds for any items lost or stolen in transit to us.
7.11 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.12 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you and must be paid in advance of the collection.
7.13 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
7.14 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
8. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
9. Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
10. Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
11. Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
12. Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
Forum Terms and Conditions – last updated January 2013
1. Our Forum
Your use of this Forum and any service contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Forum or you must have parental consent if you are under 18. By registering and using the Forum you warrant that you are 18 or older or have parental consent and understand your obligations under these Terms & Conditions.
3.1 As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
3.2 If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4. Specific Forum Rules
4.1 As a user you agree not to do any of the following:
1. Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
3. Use or harvest data provided by other users in a way that they would object to.
4. Use data provided by other users for purposes other than contacting them via the Forum.
5. Contact other users in ways they may find inappropriate.
6. Encourage illegal activity or activity that violates the rights of other Forum users or third parties, whether individuals or organisations.
7. Supply or post Content calculated to deliberately mislead other users or third parties, including Content falsely made to appear from or be endorsed by us.
8. To pose as another user, third party or organisation or Sole Company employee for the purposes of obtaining user or third party information.
9. To transmit or transfer any viruses, Trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
10. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users.
11. Reframe or repurpose the Forum or any Content on it or remove or obscure any notices or advertising provided by us on the Forum.
12. Load or provide access to Content on the Forum or link to other content from the Forum, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
13. Make commercial posts or comment spam or attempt to disguise such spam as Content.
14. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
15. Use any robot, spider, scraper or other technical means to access the Forum or Content on the Forum.
4.2 If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Forum. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
4.3 The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) Content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of the rules or the spirit of the rules.
5. Content Ownership
5.1 As a user you retain all ownership rights to Content provided by you.
5.2 By submitting, posting or displaying your Content on the Forum you agree to grant a non-exclusive royalty-free licence to us to use, modify, publicly perform, publicly display, reproduce and distribute such Content on the Forum. This allows us to place your Content on the Forum and let all users, whether registered or not to view your Content. It also allows us to compress or alter the size of any files you may post onto the Forum to ensure that they can be readily displayed for other users.
5.3 This licence is also royalty-free, which means that the Content is provided free of charge to us and we will not pay for the Content or account for any advertising revenue generated on the Forum or on any specific Content pages.
5.4 This licence also applies worldwide because the Forum can be accessed from anywhere in the world, at any time.
5.5 Also as part of the licence you warrant that any Content provided by you does not belong to a third party whose rights have been violated by the Content being posted on to the Forum. Furthermore if any Content is owned by a third party you agree to pay all royalties owed to that party, without seeking any contribution from us.
6. Copyrighted Material
6.1 We do not condone or encourage in any way the posting of copyrighted or proprietary Content or information by any users who are not the legal owners of such Content.
6.2 Where notified of such breaches by the owner we will remove the Content from the Forum as soon as practicable. But only where we can reasonably ascertain the true owner of such Content.
6.3 If as the owner of such Content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
7. Content Monitoring
7.1 The Sole Company will use all reasonable endeavours to monitor the Forum but has no obligation or responsibility to do so.
7.2 It shall be entitled to review the Content at anytime and at its sole discretion, remove any material that breaches these Terms and Conditions or is otherwise objectionable.
7.3 Users can freely add Content to the Forum. We do not assume any responsibility for Content posted to the Forum. If at any time we decide to monitor the Forum it does not mean that we assume responsibility for removing any Content or the conduct of any users.
8.1 We may terminate your user account and all Content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time.
8.2 Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 5 and 12.
We take all reasonable steps to ensure that the Forum is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our fileservers or where the Forum is unavailable for any other reason, whether within or outside our direct control.
10.1 We are not responsible for the accuracy of any Content on the Forum, nor any advertisements placed on the Forum.
10.2 We are not responsible for any links to third party websites from the Forum and the inclusion of any link does not imply an endorsement of a third party website by us.
11. Limitation of Liability
We shall not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Forum or any other service provided by us.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish Courts.