General T&Cs
Please read these terms of sale set out below (“Terms”) carefully. These Terms shall apply to all contracts entered into between Kimaï Ltd (company no. 11545199), a limited company registered in England and Wales whose registered office is at 24 Chiltern Street, London, England, W1U 7QE with registered Value Added Tax (“VAT”) number GB305158722 and Belgian VAT number BE0745388877 and Kibling Retail One Ltd (company no. 14537538), a limited company registered in England and Wales whose registered office is at 24 Chiltern Street, London, England, W1U 7QE with registered VAT number GB445302812 (together, “Kimaï”, “we”, “our” or “us”), and the person or entity who purchases the Product(s) from Kimaï (“you” or “your”). By continuing to browse and use our Website you are agreeing to comply with and be legally bound by the following Terms in respect of your access to and use of the Website. If you do not agree to these Terms, you must not use our Website. By placing your Order with us via our Website or in-person through our Stores, you are accepting these Terms and agree to be legally bound by them. 1 Our terms 1. DEFINITIONS 1.1 When the following words with capital letters are used in these Terms, this is what they will mean: “Bespoke Product(s)”: means custom-made jewellery pieces or other customised or personalised Product(s), including Engraved Products, tailored to your individual measurements, requirements or specifications; “Engraved Product(s)”: means any Product that has undergone customisation through engraving; “Event Outside Our Control”: is defined in clause 12.2;
“Order”: means your order for the Product(s), whether placed online via our Website or in- person at one of our Stores or otherwise;
“Product(s)”: means the item or items that we are selling to you as set out in the Order; “Redesigned Product(s)” means a piece of existing jewellery redesigned by us into a new design; “Store”: means the Marylebone store at 24 Chiltern Street, London, England, W1U 7QE , our Los Angeles store at 8463-2 Melrose Place, Los Angeles, USA and any other such shop, outlet, business premises or trunk shows from which we sell the Product(s) in-person from time to time; and “Website”: means www.kimai.com and any other websites we own or operate from time to time. 1.2 When we use the words “writing“ or “written“ in these Terms, this will include e-mail unless we say otherwise.
2. YOUR USE OF THE WEBSITE 2.1 All content on the Website, including but not limited to, images, text, data, graphics, page layout, software and the code used to generate the pages on the Website (collectively, the "Content"), as well as any other registered or unregistered trade marks, trade dress, trade names, logos, designs, titles and product names appearing on the Website are protected by intellectual property rights owned, or licensed to us. 2.2 Except as otherwise provided on the Website or in these Terms, you may not download, copy, reproduce, publish, license, distribute, or otherwise use any Content in whole or in part for any commercial purpose without our prior written consent. You may not use any metatags or any other "hidden text" utilising any of our names or trade marks without our prior written consent. 2.3 We grant you a personal, limited, non-exclusive, non-transferable licence to access and make use of the Website for personal, non-commercial purposes only. All rights not expressly granted are hereby reserved. The licence granted to you to access and use the Website shall automatically terminate if you do not comply with these Terms. 2.4 You agree not to violate or infringe any intellectual property rights or other legal rights of Kimaï or any third parties. You hereby agree to indemnify us and hold us harmless in the event of any third party claims of infringement of intellectual property or similar rights arising through your use of the Website and its Content. 2.5 You may use the Website only for lawful purposes and in accordance with these Terms. You warrant, represent and agree not to: (a) use the Website in any way that violates any applicable law or regulation; (b) use the Website to transmit, or procure the sending of, any unauthorised material, including any junk mail, spam or any other similar solicitation; (c) use the Website to impersonate or attempt to impersonate us, an employee or agent of ours, or any other person or entity, or otherwise submit false information; (d) use the Website to engage in any conduct that restricts or inhibits anyone’s use of the Website, or otherwise attempt to interfere with the proper working of the Website; (e) use any ‘robot’, ‘spider’, ‘scraper’ or other automatic data mining and extraction tools, or any manual methods to access the Website for any purpose, including monitoring or copying any of the material on the Website, or for training an artificial intelligence model, large language model or similar technology, and we expressly opt out of any such activities to the maximum extent permitted by applicable law; (f) introduce any viruses, trojan horses, worms, logic bombs or other material, code or program which is malicious or technologically harmful; (g) attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (h) attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
(i) attempt to gain unauthorised access to, collect, or store any personal information that may be contained on the Website, the server on which the Website is stored, or any server, computer, database or information system connected to the Website; (j) attempt to circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Website; (k) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or (l) procure, encourage, or assist any third party in doing any of the foregoing. 2.6 We may have links from our Website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links. 3. CHANGES TO THESE TERMS 3.1 We reserve the right to change or modify these Terms at any time and at our sole discretion to reflect the changes in relevant laws and regulatory requirement and to implement minor technical adjustments and improvements. If we make changes to these Terms, we may provide notice of such changes, such as by posting a notice on our Website. 3.2 Any changes will be effective immediately, and to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website or purchase of a Product (as applicable) will confirm your acceptance of such changes. 3.3 Any revised Terms supersede all previous versions, notices, policies, or statements regarding the Website. 4. OUR CONTRACT WITH YOU 4.1 These are the terms and conditions on which we supply Product(s) to you. 4.2 Please ensure that you read these Terms carefully, and check that the details on the Order are complete and accurate, before completing your Order. If you think that there is a mistake or require any changes, please contact us to discuss (see clause 5). Please keep your receipt for your records. 4.3 The description of the Product(s), services, price, currency, VAT and delivery costs are set out during the Order process. The advertising of Product(s) and services on our Website is an ‘invitation to treat’. When placing an Order online through our Website, you are offering to purchase the Product(s) you select. 4.4 When you submit the Order to us, this does not mean we have accepted your Order for Product(s). Our acceptance of the Order will be made at our sole discretion. Acceptance will take place at our Store with the customer present either at the point of placing the Order or upon collection of the relevant Product(s) for anti-fraud reasons. For an Order placed online through our Website, we will contact you to confirm we have received your Order, at which point a contract will come into existence between you and us, and these Terms will become binding. If we are unable to supply you with the Product(s), we will inform you of this and we will not process the Order.
4.5 We reserve the right to cancel any Order despite acceptance by us (as evidenced by written confirmation) at any time at our sole discretion, and you will be reimbursed for the original price for any payment already received. This might be because the Product is out of stock, due to an error in the price or description of the Product(s), because you are outside our delivery areas, as specified on our Website, or because we are unable to meet a delivery deadline you have specified. Additionally, you have the option of cancelling your Order at any time prior to receiving the written confirmation of acceptance. 4.6 Please do not try to send Orders via email, as we cannot guarantee any secure transmission of details. 4.7 We may need certain information from you so that we can supply the Product(s) to you, for example, measurements, delivery requirements and dates for delivery, and other matters relating to production or delivery. We may contact you, if we require such information. If you do not give us this information within a reasonable time, or if you give us incomplete or incorrect information, we may either cancel your Order (see clause 14) or charge a reasonable fee for any additional work required as a result. We will not be responsible for any delay or partial failure in supplying the Product(s) if such delay or partial failure is caused by your failure to provide the necessary information within a reasonable time following our request. 4.8 We cannot guarantee that the sale and delivery of our Product(s) to your particular country or location is permissible, so please be aware of your own geographic import restrictions. We do not ship Products to the Russian Federation or China. 4.9 The images of the Product(s) on our Website are for illustrative purposes only. Although we have made every effort to display the Product(s) accurately, variations in size, colour, detailing (such as pattern and texture, etc.) may arise due to monitor settings and photography techniques. Images of the Product(s) may be enlarged in order to clearly show details, or reduced in size in order to show the entire item, and, as such, may not exactly reflect the actual detailing of the Product(s) when you receive it/them. 4.10 Our Product(s) will be set out on our Website or in Store. When you purchase a Product that is an engagement ring, designated as such on our Website, in accordance with these Terms we will offer you, for a period of 12 (twelve) months from the date you purchase the Product, one free re-sizing (2 EU sizes up or down) of that engagement ring, provided that resizing is possible with the design of the ring. Proof of purchase will be required. Any further resizing of that Product or resizing of additional purchased Products will be subject to an additional charge. Please note that this is only possible for US, UK, EU and UAE Orders only. 5. CHANGES TO YOUR ORDER 5.1 You may request a change to your Order by contacting us as soon as possible and, in any case, before your order has been shipped to you. This excludes any Bespoke Product(s), or Redesigned Product(s) which have started to go through any stage of the manufacturing process as we make these Product(s) to your specific requirements . However, if you request any modifications to your Bespoke Product(s) or Redesigned Product(s) after production has begun, we will attempt to resolve any problems to the best of our ability and on a case-by-case basis. This may be subject to additional fees and extended timelines which will be communicated to you in advance. 5.2 If a change is possible, we will inform you about any resulting changes to the price of the Product(s), the timing for delivery, or necessary updates as a result of your requested change and ask you to confirm whether you wish to proceed. You will be responsible for any difference in the price of the Product(s) as a result of such changes. You can choose to cancel the Order in accordance with clause 13 if you do not wish to proceed.
5.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 13. 6. BESPOKE PRODUCT(S) AND REDESIGNED PRODUCT(S) 6.1 We make the Bespoke Product(s) and Redesigned Product(s) according to the requirements, measurements and specifications you provide us following a virtual consultation or an appointment with one of our designers at one of our Stores. 6.2 You are responsible for ensuring that the measurements, requirements and specifications provided to us for the Bespoke Product(s) or Redesigned Product(s) are correct and accurate and we cannot accept the return of any Bespoke Product(s) or Redesigned Product(s) due to incorrect measurements, requirements or specifications provided by you. However, this will not affect your legal rights as a consumer for Product(s) that are faulty or not as described. Advice about your legal rights is available at your local Citizen’s Advice Bureau or Trading Standards office. 6.3 After the initial consultation, our designers will typically prepare some sketches and designs of the Bespoke Product(s) or Redesigned Product(s) requested (“Designs”) before being crafted. In order to begin the design process, we require a deposit to be paid in advance which will be deducted from your final invoice (we reserve the right to change the amount of the deposit we ask for from time to time without notice). All deposits are non-refundable unless the Bespoke Product(s) or Redesigned Product(s) are not made due to our breach of these Terms. Manufacture of a Bespoke Product or a Redesigned Product typically takes 8 weeks from the Designs being made but you acknowledge that customisation times may vary and time is not of the essence. 6.4 You acknowledge and agree that we are the sole proprietor of all copyright, design rights and other intellectual property rights that may subsist in the Designs, Bespoke Product(s) and Redesigned Product(s) (and the processes for creating them) that are conceived, developed or created in accordance with these Terms, and you shall not, by virtue of these Terms, obtain, claim or assert any rights, title or interest to the Designs, Bespoke Product(s) or Redesigned Product(s) we create or any other Bespoke Product(s) or Redesigned Product(s) manufactured through any means, other than expressly set out in these Terms. You shall, if requested by us, enter into such assignments or other formal documentation as may be necessary or desirable to record or effect the vesting of the ownership of all copyright, design rights and other intellectual property rights that may subsist in such Designs, Bespoke Product(s) and Redesigned Product(s) in us. Without limiting the generality of the foregoing, you acknowledge and agree that we may use the Designs we create to produce, offer for sale, and sell Products based on those Designs to other customers. 7. SHIPPING AND DELIVERY OF PRODUCT(S) 7.1 We will use our reasonable endeavours to deliver the Product(s) within the times indicated during the Order process, however, these are estimates and not guaranteed. We will not be held liable for late delivery of Product(s) caused by our couriers or an Event Outside Our Control. 7.2 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Product(s) and your address. Please allow extra time for deliveries to outside the United Kingdom. The cost of delivery will be quoted to you during the Order process. 7.3 We shall attempt to deliver the Product(s) to the address you specify for delivery and you are responsible for ensuring that the address you supply to us is accurate. We will require a signature upon delivery for all Orders. Please note we do not ship to PO Box addresses.
7.4 If you have asked to collect the Product(s) from our Store, you may do so at any time during our normal working hours. 7.5 For orders being shipped to the UK, US, EU & UAE, all import duties and taxes have been included in the final price but please note that we will not be held liable for any duties and/or administration charges incurred by your parcel being delivered overseas elsewhere. 7.6 Delivery of an Order shall be deemed to have occurred on physical delivery of the Product(s) to you or collection of the Product(s) from our Stores. Risk in the Product(s) will pass to you upon completion of the delivery. 8. IF THE PRODUCT(S) ARE FAULTY 8.1 Faulty Products are Products that are defective or damaged at the time of purchase, or at the time of delivery to you. 8.2 Please note that as each item is uniquely created, there may be slight variations in form and material. You acknowledge that fine and/or precious jewellery is to be treated as such and should not be worn when undergoing heavy labour, going to the gym or any other activity with likened force or stress on the Product(s). We reserve the right to reject requested refunds for items which have been damaged in any of these circumstances. 8.3 As a consumer, you have legal rights in relation to Product(s) that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights. 8.4 Should you receive Product(s) that are defective or damaged when delivered to you, please contact us as soon as possible. Our team will help you resolve any such issues as quickly as possible by, for example, repairing the faulty Product, replacing your Order (or the faulty part in question) free of charge, or, at our sole discretion, refund to you the price of the Product(s) (or a proportionate part of the price). Please note that before we are able to process the refund or replacement, you will be required to return the faulty Product(s) to us in Store or send it to us via post, but we will cover the cost of this. 8.5 If you have a valid claim based on the quality of any repairs we make to your Product(s), then we shall be entitled to rectify the defect free of charge or, at our sole discretion, refund to you the price for the repair of the Product(s). 9. SELLER’S GUARANTEE OF PRODUCT(S) 9.1 We guarantee that on delivery, and for a period of 12 (twelve) months from delivery or collection, the Product(s) shall be free from manufacturing defects and we will repair any such defects free of charge. However, this guarantee does not apply in the circumstances described in clause 9.4. 9.2 We will replace any lost stones of up to 0.15ct once. 9.3 Please note we only perform repairs on our Product(s). 9.4 This guarantee does not apply to any defect in the Product(s) arising from failure to obtain repairs or maintain the integrity of your piece, including but not limited to: (a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; (c) if you fail to exercise reasonable care in using the Product(s); (d) any alteration or repair by you or by a third party who is not one of our authorised repairers; and (e) any specification provided by you, including in respect of Bespoke Products and Redesigned Products.
9.5 This guarantee is in addition to, and does not affect, your legal rights in relation to the Product(s) that are faulty or not as described. 9.6 It is important to recognise that no repair or redesign is without risk. There is always a risk that damage may occur during repair or remaking. In such cases, we cannot be held liable for a replacement. Please bear this in mind when using stones with substantial sentimental value in Redesigned Products.
9.7 Precious stones are particularly vulnerable during some repairs, especially re-setting, re- clawing, or re-tipping. While we will always endeavour to re-polish any damaged stones, it
must be understood that stones may become smaller during the re-cutting or polishing process. It is impossible to add material to a gemstone, so any damage must be removed. 9.8 We are not responsible for damage to items before the Product(s) were in our possession or for any sentimental or other unknown value of the items. We strongly advise that you maintain adequate insurance for your jewellery while it is in our possession. 9.9 We will not be liable for loss of or damage to any item left for repair which you do not reclaim within 6 (six) calendar months, or for the receipt for the item if it has been lost or cannot be produced. 9.10 If you drop off a Product at our Stores for a repair, you will be required to pick up the product from that Store. No Product(s) that have been dropped off for repairs, will be shipped back to you. 9.11 As far as we are aware, any mined diamonds used in our Products have been purchased from legitimate sources not involved in funding conflict in compliance with United Nations resolutions. We guarantee that the diamonds in our Products are conflict-free, based on personal knowledge and/or written guarantees provided by our suppliers. We will not knowingly sell conflict diamonds and we will use reasonable endeavours to help prevent the sale of conflict diamonds in our Store. Please note that no guarantees can be made regarding Products originating from prior to the 2003 establishment of the Kimberly Process Certification scheme. All diamonds are of natural origin and free from treatment unless otherwise stated on our invoice to you and explained to you by us in advance. 9.12 We typically provide certification documents for diamonds above 0.5ct. 10. PRICE AND PAYMENT 10.1 Our Product prices and availability on our Website are subject to change at our sole discretion and without notice. If a Product is no longer available because it is out of stock, inaccurately represented or it was not updated at the time of your Order in our system, we will notify you accordingly and where applicable offer a similar Product.
10.2 If a Product of interest to you is no longer available, please contact us and we can let you know when the Product or a similar Product will be available. We apologise in advance for any issues or inconveniences this may cause. 10.3 The price of the Product(s) on our Website is inclusive of VAT but excludes US sales tax, if applicable, unless otherwise stated, but does not include delivery charge. 10.4 The price of Bespoke Product(s) and Redesigned Product(s) will be as agreed with you and as invoiced to you. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you. 10.5 Financing options may be available to you through Klarna for UK and US purchases or Alma for EU purchases. Klarna's Pay in 3 / Pay in 30 days are unregulated credit agreements. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit. 18+, UK residents only. Subject to status. Ts&Cs and late fees apply. https://www.klarna.com/uk/terms-and-conditions/ The credit service provided by Alma is offered for the settlement of purchases and payment, subject to the buyer (purchaser) purchasing the product or service, accepting the terms of the payment in instalments or deferred payment contract. Fees may be charged by Alma. Any refusal by Alma to grant the payment in instalments or the deffered payment, may result in the cancellation of the purchase contract for goods or services (“GTC”), unless the purchaser agrees to pay the full amount upfront. In the event of termination of the GTC, the payment in instalments or deferred payment contract will be automatically terminated. In the event of withdrawal from the payment in instalments, or the deferred payment option used for the payment, the GTC will automatically terminate, unless you pay the total purchase amount in full via Alma. If the product has already been shipped, you will be required to return it within the maximum period in accordance with these GTC. https://help.almapay.com/ 10.6 We may also be able to offer payment plans on a case-by case basis. Please speak to a member of our team for more information. 10.7 We accept payment by credit card or debit card from all major credit card providers, including VISA and American Express, and through PayPal. Payment must be received in full prior to release of any Product(s). We also accept online bank transfers. By making a payment by any of the foregoing methods, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. 10.8 You will be responsible for the prices stated at the time of your Order, as well as any: (i) statutory value added taxes; and (ii) delivery charges. 11. OUR LIABILITY TO YOU 11.1 If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. 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. 11.2 To the maximum extent permitted by law, and subject to clause 11.4, our liability to you, in connection with any claim or series of connected claims under these Terms, shall not exceed the value of the Product(s) to which a claim is relevant.
11.3 We only supply the Product(s) for domestic and private use. If you use the Product(s) for any commercial, business or re-sale purpose, subject to clause 11.4, we have no liability to you for any: (a) loss of profit; (b) loss of business, goodwill or reputation; (c) loss of data or revenue; (d) business interruption; or (e) loss of business opportunity or loss of savings, whether in contract, tort or otherwise arising out of, or in connection with, these Terms. 11.4 We cannot be held liable for any Product that has been repaired or modified by a third party who is not one of our authorised repairers. 12. EVENTS OUTSIDE OUR CONTROL 12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. 12.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks. 12.3 If an Event Outside Our Control takes place, such as delays to delivery of Product(s) you have ordered from us, and affects the performance of our obligations under these Terms: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Product(s) to you or your collection of the Product(s), we will arrange a new delivery or collection date with you after the Event Outside Our Control is over.
12.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Product(s). Please see your cancellation rights under clause 13. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 (two) calendar weeks in accordance with our cancellation rights in clause 14. 12.5 We may have to suspend our provision of our services or supply of a Product to: (a) deal with technical problems or make minor technical changes; (b) update the Product or services to reflect changes in relevant laws and regulatory requirements; or (c) make changes to the Product or services.
13. CANCELLATIONS, REFUNDS AND EXCHANGES 13.1 In most cases, you have the legal right to change your mind about your purchase and receive a refund, subject to the below clauses and in particular clause 13.8. Our policy below is in addition to any legal rights you may have. 13.2 Our standard returns policy is 14 (fourteen) days and applies to both online and in-store Orders, subject to the below clauses. 13.3 For in-store Orders, the terms in clauses 13.3, 13.4 and 13.5 apply, subject to clauses 13.7, 13.8, 13.9, 13.10 and 13.11. You may contact us to cancel your Order within 14 (fourteen) days of receiving the Order but in some circumstances, we may charge you for doing so (see clause 13.4 below). This does not affect your rights where a Product is faulty or not as described (see clause 8). 13.4 If you are cancelling your Order for a reason set out at (a) to (e) below, we will refund you in full for any Product(s) which have not been provided, or have not been provided properly, and you may also be entitled to further compensation. The reasons are: (a) we have told you about an upcoming change to the Product(s) or these Terms which you do not agree to (see clause 3 and clause 5); (b) we have told you about an error in the price or description of the Product(s) you have ordered and you do not wish to proceed; (c) there is a risk that supply of the Product(s) may be significantly delayed because of Events Outside Our Control; (d) we have suspended our services for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 30 (thirty) days; or (e) you have a legal right to end the contract with us because of something we have done wrong.
13.5 If you are cancelling an in-store Order for a reason other than those set out in clause 13.4 above, we reserve the right to accept cancellations on a case-by-case basis. If we accept your cancellation and refund request, we will refund any advance payment you have made for Product(s) which have not be provided to you, minus any costs we have incurred, and any shipping costs, to your original payment method, offer store credit, or allow it to be exchanged for another piece from our collection. 13.6 Where you placed the Order with us outside of our Store, including through our Website, you have the following rights of withdrawal subject to clauses 13.7, 13.8, 13.9, 13.10 and 13.11, including where you choose to cancel because we are affected by an Event Outside Our Control: (a) you may cancel any Order within 14 (fourteen) days from, the day on which you acquire physical possession of the last of the Products in your Order (“Cooling Off Period”) by contacting us without giving any reason. You may do so either through the contact methods listed in clause 15 or by using the following template: To Kimaï Ltd. I hereby give notice that I withdraw from my contract of sale of the following goods (insert order number), received on (insert date). Kind regards, (insert your name, address and date). We will confirm your cancellation in writing;
(b) if you cancel an Order for Product(s) that have not been delivered to you or collected by you, we will refund any payments received from you including any delivery charges except for any non-standard delivery option you may have selected, using the same means of payment as you used for the Order; (c) if you cancel an Order for Product(s) that have already been dispatched to you or you have already collected the Product(s), you must return the Product(s) to us once received, either in-store or posted to us, without undue delay. You must bear the costs of returning the Product(s) back to us but this will not affect your refund for the Product(s) themselves. We will refund you using the same means of payment as you used for the Order, within 14 (fourteen) days of receiving the Product(s) back. 13.7 If you wish to exchange your Product for another Product and we have agreed to such an exchange, we are happy to arrange this, however, you will bear the cost of return of the original Product(s), the delivery charge of the exchange, and any price differences. 13.8 Unfortunately, as the Bespoke Product(s), Redesigned Product(s), or any Products that are custom-made to your requirements, measurements, or specifications are made for you (which includes all of the rings we sell), you will not be able to cancel or exchange your Order once the piece has been made (regardless of whether the Order was made in-store or online) and you will not be entitled to a refund for such Products, although we may allow changes to the design in accordance with clause 5, which may incur an additional fee. The foregoing in this clause 13.8 will not affect your legal rights as a consumer in relation to the Product(s) you have asked us to manufacture that are faulty or not as described. 13.9 If we are providing repair or engraving services, you cannot cancel your Order if we have already started the work. If the services were requested outside of our Stores, for example through our Website, and you have expressly told us to begin these services during the Cooling Off Period, you will not have the right to cancel if these services have been fully performed. In this situation, if you choose to cancel the contract before the services have been fully performed, you must pay for the services that were provided up to the date of cancellation. 13.10 For hygiene reasons, we cannot exchange or refund earrings, unless they are defective or faulty. 13.11 If you wish to return any Product(s) in accordance with these Terms, you must return the Product(s) with their original packaging for an exchange or refund. Please email us at [email protected] with your Order number and reason for return in order for us to send you a return label. Alternatively, if you have bought a Product from one of our Stores, please bring it in person to your local Store for a refund. Please note that you can only return Products at our UK Store if the Order was originally placed in the UK. If you wish to return a Product purchased in any other country, you must post the Product(s) back to us using the method above. 13.12 You have a legal obligation to take reasonable care of the Product(s) when they are in your possession. Our returns policy does not apply to defective or damaged Product(s) or Product(s) sent to you in error, which is dealt with separately in clause 8. 13.13 A prompt refund of the price of the Product(s) will be issued once we are satisfied with the returned Product(s) which typically takes 5-10 days. Any credit card or debit card used for the original purchase will be credited with the original price. If there are any problems with your refund, please contact a member of our team. 14. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND 14.1 We may end the contract with you 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 7 (seven) 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 Product(s), for example, measurements, delivery requirements and dates for delivery, and any other variable or requirement relating to production or delivery; or (c) you do not, within a reasonable time, allow us to deliver the Product(s) or collect them from us.
14.2 If we end the contract in the situations set out in clause 14.1, we will refund any money you have paid in advance for Product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 14.3 We may write to you to let you know that we are going to stop providing the Product(s). We will let you know at least 7 (seven) days in advance of our stopping the supply of the Product(s) and will refund any sums you have paid in advance for Product(s) which will not be provided. 14.4 We may have to cancel an Order before the Product(s) are delivered or collected by you, due to an Event Outside Our Control or the unavailability of stock. If this happens: (a) we will promptly contact you to let you know; (b) if you have made any payment in advance for Product(s) that have not been delivered to you, we will refund these amounts to you; (c) except where we have already started work on your Order by the time we have to cancel, and except for Bespoke Product(s), Redesigned Product(s), and Engraved Product(s) we will not charge you anything and you will not have to make any payment to us.
15. INFORMATION ABOUT US AND HOW TO CONTACT US IF THERE IS A PROBLEM WITH THE PRODUCT(S) 15.1 If you have any questions or if you have any complaints, please contact us at one of our Stores or by e-mailing us at [email protected] and [email protected]. 15.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by post to Kimaï Ltd at 24 Chiltern Street, London, England, W1U 7QE or [email protected]. We will confirm receipt of this by contacting you in writing. If we have to contact you, or give you notice in writing, we will do so by e- mail, by hand, or by post to the address you provided to us in the Order. 15.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order. 15.4 We are under a legal duty to supply Product(s) that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Product(s). Nothing in these Terms will affect your legal rights.
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 0808 223 1133 .
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
Consumer legislation (such as the Consumer Rights Act 2015), state that goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product(s)
your legal rights entitle you to the following: ● up to 30 days: if your item is faulty, then you can get a refund.
● up to six months: if your faulty item can’t be repaired or replaced, then you are entitled to a full refund, in most cases.
● up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
For any of our services, for example, engraving or repairs, the Consumer Rights Act 2015 says: ● You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
● If a price hasn't been agreed upfront, what you're asked to pay must be reasonable. ● If a time hasn't been agreed upfront, it must be carried out within a reasonable time. 16. OTHER IMPORTANT TERMS 16.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights under the contract or the obligations owed to you under these Terms. 16.2 You may only transfer your rights or your obligations under these Terms to another person with our prior written consent. 16.3 These Terms are between you and us. No other person shall have any rights to enforce any of these Terms if you transfer it to them. 16.4 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. 16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 16.6 These Terms are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts.