TERMS OF SERVICE 1. These terms
1.1 KALAS Wear Limited ("we", "our", "us"), as the manufacturer and supplier of the sportswear, supply our products to you through our UK website on the following terms and conditions. If you are in another jurisdiction or buying from an alternative KALAS website, different terms and conditions may apply.
1.2 Please read these terms carefully before you submit your order as these terms form part of our contract with you. These terms tell you who we are, how we will provide products to you, how the contract may end and other important information. Unless otherwise stated, these terms apply to all purchases, including standard and custom-made products. Additional terms will apply to customised products.
1.3 We will not accept changes that you make to these terms and
conditions. We may change these terms from time to time, so please check them before you place an order.
2. Information about us and how to contact us
2.1 KALAS Wear Ltd, is a company registered in England and Wales. Our company registration number is 08697266 and our registered office is at Suite 2, Somerton House, Broad Street, Somerton, Somerset TA11 7ND. Our registered VAT number is GB17628861. We are part of the KALAS Group, based in the Czech Republic.
2.2 You can contact us by telephoning our customer service team at 01458 558296 (between 8am-4pm, Monday to Friday); by emailing us at info@kalas.co.uk or writing to us at Suite 2, Somerton House, Broad Street, Somerton, Somerset TA11 7ND.
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address that you provide to us in your enquiry or order.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. When you place on order online through the e-shop, our acceptance of your order will take place when we email you to confirm its acceptance. At this point a contract will come into existence between you and us on these terms.
3.2 Information on the technical steps to complete the order is provided online. We ask you to check all information before submitting your final order. We are not able to double check any details in your order, and once your order is submitted we will rely on the information that you have provided to us. We may contact you
to verify the whole or any part of an order, using the contact details provided with your enquiry or order. We will not be liable for any errors in transmission or costs associated with the use of internet connections to place your order.
3.3 Kalas will send an acknowledgement of all orders placed online through the shop to the email address provided with the order. If you have not received either a request for clarification or an acknowledgement of your order from Kalas, then your offer to buy has not been accepted.
3.4 Customised Orders. We have special arrangements for customised, or made-to-order products. Please contact us through the website or by telephone to discuss a bespoke quote. When you place an order based on our quote, we will either email you with changes to your request, or email you with confirmation of acceptance of that request. If we comment on, or make suggestions or amendments to your order, we have not accepted your order and you will need to place a new adjusted order. When we accept a customised order without amendment or comment, and you and we agree all the terms, a contract will come into existence between you and us on the basis of your order, including our quote and these terms and conditions. Any unique terms in the quote, your bespoke order or our acceptance of that order, will take priority over these terms and conditions.
3.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, due to unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline that you have specified. We may need to verify specific aspects of your order (such as quantity, price, or delivery) by contacting you using the email address or telephone number that you provide with your order. If you do not provide this clarification, we may not be able to accept the order.
4. Our products
4.1 Products may vary slightly from their pictures and description. The images and descriptions of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and textures accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products, and your product may vary slightly from those images. The size guide is only indicative and sizes may slightly differ depending on the material and pattern, please contact us for advice on measurements. We cannot guarantee fit or performance of any products. We pride ourselves on delivering quality products, and if you have any concerns that the products are faulty or do no match their description, please contact us. Your rights are set out in clause 8 below.
4.2 Custom-made products. You acknowledge that the colour card specified in our quote or online may not fully match the actual colour of the product due to screen resolution, natural variation or the choice of materials. Kalas will use reasonable efforts to ensure a close colour match, but you acknowledge that, providing the agreed materials and colour card choices are used, you cannot reject or claim any defect in the delivered products because their colour does not match your expectations. You acknowledge that the application of patterns and logos will vary due to the materials and designs, with natural variations in presentation. For
all custom-fits, the size and fit will depend on the materials and patterns that you have selected. If we provide a service to you which consists of sending the size card for any products, you acknowledge that the size card constitutes only a sample set of sizes and that the sizes of each different type of product may differ depending on the material used and on different patterns of the product(s). You can find information and tips on how to measure on our website or by contacting us.
4.3 For custom-products, where you are buying as a non-consumer, we warrant that the custom-products will materially comply with the specifications and descriptions in the order that we have accepted, and will be fit for their purpose for 24 months following delivery subject to fair wear and tear. Where custom- products do not comply with this warranty, we will, at our discretion, repair, replace or refund the affected products.
5. Making changes
5.1 You are asked to check that all information in your order is accurate and complete before you "submit" your order. Information on the technical steps to complete the order is provided online. We are not required to check any details in your order, and once submitted we will rely on the information you have provided.
5.2 If you wish to make a change to the product(s) you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and 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).
5.3 Please note that we are not able to accept changes to customised products after the offer has been accepted without incurring additional costs. If we need to make a change to an order after it has been accepted, we will notify you of the change and the reasons for the change and the impact on your original order. If you do not accept the change within 10 days, then we reserve the right to cancel the contract and refund money paid by you.
5.4 From time-to-time, we may make minor changes to the products to reflect changes in laws or regulatory requirements, to implement technical adjustments or improvements, or to accommodate changes in our suppliers.
6. Delivery
6.1 You can select the delivery method as part of the online ordering process, or when you request a quote for custom products. The costs of delivery will be as displayed to you on our website or as set out in our quote and reflect delivery location and product type.
6.2 All products will be made available within a reasonable period as specified in the quote or online ordering process, but time is not of the essence. Deliveries will be completed within 30 days for standard product lines.
6.3 If delivery cannot be made to you due to no-one being present at the address or refusal to accept the product, you may contact the delivery service provider to rearrange delivery. If delivery cannot be rearranged, we may recollect the products, and deduct our reasonable costs in returning the products from any refund to you.
6.4 If you have selected collection of the products at the collection point, you must wait for a confirmation email that the products are ready for collection. The ordered products shall be available for collection at the collection point for a period of 10 business days after the date of our email notification stating that the products are ready. If the products are not collected, unless they are custom- made or modified, we may treat the order as cancelled and refund the money paid by you. If you do not collect any custom-made products, we reserve the right to charge additional costs for storage of the completed products for more than 10 days after notice of availability for collection.
6.5 Risks in the products that you have ordered (including risk or loss and damage to the products) passes to you on attempted delivery to the delivery address specified in the order, or the date on which we notify you that the products are available for collection.
6.6 If delivery of the products is delayed by an event outside our control then 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 end the contract and receive a refund for any products you have paid for but not received.
7. Price and payment
7.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. Pricing for delivery in the UK is also included on the website. The phrase "price" in these terms includes the price for the products and delivery.
7.2 We take all reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check the prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
7.3 For orders placed through the online shop, we accept payment via a valid payment card at the time the order is placed. You must pay for the products before we dispatch them. Confirmation of receipt of payment will be sent prior to delivery to the email address included with the order.
7.4 For orders for custom-products, the price will be as set out in the quote, as accepted, and details of payment terms will be as set out in the order acceptance. We will issue an invoice for all custom-orders, containing our details
as the seller, your details as the customer, the specification of the type and number of items of products, the issue date of the invoice, the purchase price VAT, the due date for payment and any shipping or other costs and charges to be paid as set out in the quote.
7.5 In respect of custom orders, we shall be entitled to require an advance payment of up to 100% of the purchase price. The deposit shall be invoiced on acceptance of an order, and shall be payable within 7 days. If the deposit is not paid by the due date, Kalas shall be entitled to treat the order as cancelled. The balance of any purchase price shall be invoiced on delivery or notice of readiness for collection, and shall be paid within 7 days of issue of the invoice. If the price for custom orders is not paid by the due date, Kalas may either (i) charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount; and/or (ii) treat the contract as cancelled, and claim compensation for losses suffered by Kalas as a result of the non-payment and/or cancellation.
7.6 If the rate of VAT changes between your order date and the date on which we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
7.7
8.
8.1
8.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online as a consumer you have a legal right to change your mind within 14 days and receive a refund. This right does not apply to customised products or products delivered in sealed packaging for hygiene purposes. If you have changed your mind, you must notify us as soon as possible by contacting our customer services by phone on 01458 558296 or email us at info@kalas.co.uk, or by completing the online form at website (https://www.kalas.co.uk/contact). We will need your name, home address, details of the order and, where available, your phone number and email
address. Where the products have been delivered you must return the products to us unused, undamaged, in their original packaging and complete and in saleable condition within 14 days of the date of notice of your cancelation for a full refund.
8.3 If the product you have bought is faulty or does not match its description please contact our customer service team by phone on 01458 558296 or email us at info@kalas.co.uk or writing to Suite 2, Somerton House, Broad Street, Somerton, Somerset TA11 7ND. We have a legal responsibility to supply products that comply with the contract, and we have a professional commitment to ensure that we deliver products to a high standard, that match the description of the product on the website and which are free from defects in materials or manufacturing. Nothing in these conditions affect your legal rights, which are summarised below.
Title in the products will only pass on our receipt of payment in full.
Your rights to end the contract
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product (24 months subject to fair wear and tear) your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
8.4 You may cancel the contract due to our actions where: we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed, or there is a risk that supply of the products may be significantly delayed because of events outside our control; or you have a legal right to cancel because of something that we have done.
8.5 If you are not buying as a consumer, you may only cancel the contract where we are in breach of these terms. If you cancel for any other reason, we may charge you for all reasonable costs incurred in cancelling your order.
8.6 Returns: If you wish to exercise your legal rights to return or reject products you must either return them in person to where you bought them or post them back to us by filling out the return form that arrived with the products on delivery and post the products and completed return form to us at Suite 2, Somerton House, Broad Street, Somerton, Somerset TA11 7ND. We will pay the costs of postage. If you have lost the return form, you can download it here (https://www.kalas.co.uk/storage/d1fe4a69-uk-returns-a5.pdf).
8.7 Please note that we are unable to accept returns on custom-products unless there is a fault, as these have been made to meet your specific requirements.
8.8 We will pay the costs of return if the products are faulty or misdescribed, or where you are ending the contract because of steps we have taken in breach of this contract. In all other circumstances, you must pay the costs of return, and we may deduct our costs of processing a return from any money that we refund to you.
8.9 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. We will make any refunds due to you as soon as possible, and within 21 days of the date we receive the product back from you.
9. Our rights to end the contract
9.1 We may end the contract for a product at any time by writing to you if you do not make a payment to us when it is due, providing that we have reminded you to make the payment; where you do not provide us with information that is
necessary for us to provide the products or any custom-products within a reasonable period or where you fail to collect completed products from the collection point.
9.2 If we end the contract with you, we will refund any money that you have paid, but we may deduct any reasonable costs we have incurred in steps we have taken to create custom-products, or our delivery or returns costs (as appropriate). We will try to mitigate our costs and the impact of cancellation, but note that custom-products cannot be reused or resold.
10. Our responsibility for loss or damage suffered by you
10.1 If we fail to comply with these terms, we may be responsible for loss or damage you suffer that is a foreseeable result of us breaching this contract or failing to use reasonable care and skill. 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, for example, if you discussed it with us during the sales process.
10.2 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 or for breach of your legal rights in relation to the products.
10.3 Unless explicitly stated in our quote we are not liable for business
losses. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you are not a consumer, our liability to you is limited to the price of the products that you have ordered.
11. How we may use your personal information
11.1 In order to deal with any enquiries or complete an order, we will need to proceed certain personal data. We only ask for the minimum amount of personal data that is necessary to complete these purposes, and we will only use your personal information as set out in our privacy notice here: https://www.kalas.co.uk/general-data-protection-regulation. Information relating to an order will be stored for at least 6 years after the order is processed.
11.2 Please check that all information that you submit, including information on any other people, is accurate and complete. You are responsible for ensuring other people are aware that you are providing information to us.
11.3 Our website uses cookies (small data files that enable us to distinguish your computer when you visit our website). You are able to use our website without accepting all cookies, but this may affect its functionality or performance. [link to full Cookie notice/policy].
12. Other important terms
12.1 If you are not a consumer, we may off-set any sums we owe to you against any sums that you owe to us, and you may only assign receivables to a third party with our consent.
12.2 Once your order has been accepted by KALAS, it may only be varied by an agreement in writing, clearly accepted and agreed by both parties.
12.3 We may transfer our rights and obligations under these terms to another organisation, and we may subcontract responsibility for performance to third parties. Some of the activities will be conducted by other group companies.
12.4 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing, or where you have bought this product, as a consumer, for another person (please note that we may require another person to provide a receipt for the products as proof of ownership).
12.5 This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 12.2 in respect of our guarantee. 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.
12.6 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.
12.7 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.8 These terms, and our contract with you are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
