1. PURCHASE OF PRODUCTS
/ ACCEPTANCE OF ORDERS
1.1. All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product; or
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
1.2. After submitting an order to us, we will send you an Acknowledgement of Order email with your order number and details of the Products you have ordered from us with details of any delivery charges you have ordered from Joshua Kane. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Joshua Kane reserves the right to cancel your order, and refund any payments made by you within 48 Hours if the sale is in invalid for any of the reasons listed below.
Acceptance of your order and the formation of a contract of sale of the Products between us and you and a contract for delivery between Joshua Kane and you, will not take place unless and until:-
a. We have received all the information from you necessary to process your order
b. The Products have been dispatched and
c. We have sent you an email confirming that the Products have been dispatched to you – Dispatch Confirmation.
After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
1.3. In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket are not reserved and may be purchased by other customers.
1.4. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
1.5. You will be charged for products immediately on placing your order. In the event you have elected to collect the Products from the Joshua Kane Store or pre-ordered Runway Items. (Please refer to Pre Order/ Made-to-order Products 1.3). Payments will include any card processing or payment processing charges determined by your card issuer.
1.6. Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, measurements, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects. Our customer service team are available to support you in any way for further information on our products.
Telephone: +44 203 876 7747 or email firstname.lastname@example.org
1.7.We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone. Refunds will be given within 48 Hours following service of notice.
2.1 All prices of Products on the Website are the price for the Products only. They include any VAT or other sales tax payable. The prices are not inclusive of any customs duties or taxes which may be due, please see Section 2.4 below
2.2 We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1 a,b,c,d,e, we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the product has not been shipped.
2.3 Joshua Kane may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
2.4 Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3. PAYMENT TERMS
3.1 The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges. Delivery charges may vary if there is an offer valid on the Website at the time of ordering.
3.2 Joshua Kane accepts all major credit and debit cards.
3.3 Please note that we only accept payment in GB Pounds
3.4 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.5 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in the United Kingdom.
3.6 If your credit/debit card or payment method is not denominated in the GB pounds, indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
5. DELIVERY, TITLE AND RISK
5.1 Orders will be sent to the delivery address that you have given on your order form. Joshua Kane cannot be held responsible if that delivery address is incorrect or incomplete. Please note that Joshua Kane does not deliver to PO boxes. Please note that there are restrictions on the locations to which Joshua Kane delivers Products purchased from the Website. Details of the locations to which Joshua Kane delivers are available from us on request.
5.2 All deliveries are dispatched using the Joshua Kane standard delivery via Fedex. We aim to ship within 48 Hours of placement of order subject to 5.5 below. You will be provided with a tracking No. for your package.
5.3 If you require an express or courier delivery, you will be advised of any additional charges. These additional charges will be added to your card payment.
5.4 Provided your order has been accepted by us, your order shall be processed and we will endeavour to dispatch your order in accordance with the estimated delivery times advised in your Acknowledgement of Order email. Delivery times and shipping costs will vary according to the country of delivery.
5.5 In the event you request a special delivery service Please note that there are a number of UK postcodes to which Joshua Kane cannot deliver on a next day basis or on a Saturday. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions as advised by our contracted delivery providers. Orders received after 5.30pm on Monday to Friday, or received on a day which is not a working day (that is any day on which the banks are not open for business in London and which is not a Saturday or a Sunday), will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.
5.6 Should we fail to deliver your order within 7 days of the relevant estimated delivery times for your shipping destination and selected delivery method, it shall be your right to cancel the relevant order and receive a full refund of any monies paid to us at Joshua Kane in respect of that order.
Please note that all delivery options available on our Website may not be available on any Application or the Website accessed using a mobile device
5.6 Title in the Products will pass to you on the date of receipt of your payment to us.
5.7 Once the product has been received by you, all risk of damage in or loss to the Product shall pass to you.
5.8 We shall be entitled to supply the Products in installments and that being the case, each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
5.9 As part of the ordering process, you will contract for a supply of goods and delivery by Joshua Kane.
5.10 In the event that a Product is subsequently imported into a country other than the country to which Joshua Kane delivered the Product or of the store from which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
5.11 We endeavour to ensure that all product and delivery pricing information on Web Stores is correct. Occasionally, however, an error may occur and our Delivery charge may be mispriced. If the correct price of our Delivery Services is lower than the price stated on the Web Store, we will charge you the lower amount. If the correct price of our delivery is higher than the price stated on the relevant Web Store, Joshua Kane will, at its discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Delivery to you at an incorrect price.
5.12 We may vary the prices of our Delivery Services listed on a Web Store at any time and without any notice.
5.13 From time to time Joshua Kane may offer a promotion where delivery charges are reduced, in some cases to zero. The delivery rate relevant to you will be notified in the Acknowledgement of Order.