TERMS AND CONDITIONS FOR USE AND SALESLast updated 04/02/2015
1. Our website
KAPE-KAYAK.HU, KAPE-KAYAK.COM & KABAIKAYAK.HU function as the official representative and advertisement pages of KAPE, an independent brand of Kape-Sport Ltd., Hungary. Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
2. Product Pricing and Title
2.1 We make every effort to ensure that the pricing & pricelists displayed on our website are 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 anytime up to the shipment of that order and any related items.
2.2 We reserve the right to alter all product pricing without notice.
2.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment. To pass the title of the product the amount of money appears in the in invoice issued from Kape-Sport Ltd. to the Purchaser (in the specified currency) should be transfered into one of those bank accounts that are given on this page (or it should be paid in cash in pre-agreed cases) AND your order has been shipped as well.
3. Your Order
3.1 Purchaser may place the purchase order by letter, phone or via email. Both oral and written purchase order are considered as an actual intent to purchase AND constitutes an offer made to us to purchase the specified goods. These Terms & Conditions are valid under all circumstances except of pre-agreed & individual cases.
3.2 When you place an order you will receive a confirmation email from us to confirm your order.
3.3 NOTE that Kape-Sport Ltd. does not hold any products on stock. As the sole manufacturer of these goods, Kape-Sport Ltd. produces each goods after individual orders.
3.4 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order.
3.5 Product items not included within the dispatch email are not included in the order and contract between you and us.
3.6 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.
3.7 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.
4. Delivery and Customs Duty
4.1 All orders received by us are delivered immediately only subject to availability. As we DOES NOT hold products in stock most orders are delivered at a later date
4.2 The exact derlivery date is defined after personal discussion or via phone or email.
4.2 We reserve the right to ship products at a later date where the product ordered is not in stock at the time of purchase, or delays occur in the production or procurement due to resons beyond our control. In this situation you will be contacted and offered a full refund instead of delivery of the product.
4.3 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.
4.4 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.
5. Cancellation Rights, Returns and Refunds
5.1 Under the Consumer Contracts Regulations 2013 you have a right to cancel your purchase up to 14 days from the receipt of the good. However, to exercise this right you must notify us in writing, (email or letter) within 14 working days from the day after you receive your goods.
5.2 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
5.3 No right of cancellation, refund or return exists under the Consumer Contracts Regulations 2013 once you have used your product, unless the product is defective and you are returning it for this reason.
5.4 Goods that are sealed or shrink-wrapped and this is removed can only be returned if they are defective.
5.5 No right of cancellation exists for personalised/made to measure goods unless defective. NOTE, that each of our products belong to this category. Each of the offered products are unique made by Kape-Sport Ltd. after individual requests (colours, manufacturing technology, equipments are all personalised and made to measure).
5.6 Please observe the following procedure for all returns to us:
5.6.1 Please include a note stating your order number, contact details and the reason for the return.
5.6.2 If you are returning your product because it is defective, please state the defect or defects.
5.6.3 Repackage the product 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.
5.7 You are responsible for paying any postage or shipping costs incurred when returning the product.
5.8 We recommend that all returns be sent by registered post, so that you have a record of the return.
5.9 We will not issue refunds for any items lost or stolen in transit to us.
5.10 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
5.12 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.
5.11 Unused products may be returned promptly by customers to the address listed below:
IV. körzet 81-2.,
5.12 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.
5.13 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.
6. Customer Complaints
We endeavour to respond to all customer complaints or queries within five working days.
7. Reasonably Foreseeable Losses
7.1 Kape-Sport Ltd. will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
7.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
7.3 Kape-Sport Ltd. does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
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 Kape-Sport Ltd. 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.
10. Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and Kape-Sport Ltd. We reserve the right to change these Terms & Conditions at any time, without giving notice to you. Your statutory rights are unaffected.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with the Hungarian law and shall be subject to the exclusive jurisdiction of the Hungarian Courts.
Our contact details are as follows:
IV. körzet 81-2.,
Company registration number: 06-09-021721
EU VAT: HU25122145