Terms & Conditions
Who we are?
This website (www.kimhambi.com) (the “Website”), is owned by and operated by or on behalf of Kim Hambi Ltd (“Kim Hambi” or “we” or “us” or “our”) with delivery services provided by Royal Mail. If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website, you can contact us by email at kim@kimhambi.com or by post to: Kim Hambi Ltd, 585a Fulham Road, London SW6 5UA.
We are Kim Hambi Ltd. a company registered in England and Wales. Our company registration number is:11782892 and our registered office is at: 585a Fulham Road, London SW6 5UA
Use of website
These terms and conditions together with our Privacy Policy[or any other policy referred to in these terms and conditions (“Terms and Conditions”) apply to your use of and access to the Website. These Terms and Conditions will apply to any contract between us for the sale of any product including any order placed by you, acting in your individual capacity as a consumer (“you” or “your”) for any product over the Website. You should print or download copies for your future reference. Please read these Terms and Conditions carefully and ensure you understand the terms before ordering any product from our Website. If you do not agree to these Terms and Conditions, you must cease using and accessing the Website.
You may access and use the Website for your personal, non-commercial use on the Terms and Conditions outlined here.
Kim Hambi Ltd reserves the right at any time to modify, alter, amend or update these Terms and Conditions. Every time you wish to order products, please check these Terms and Conditions to ensure you understand the terms which will apply at that time.
For legal reasons we can only sell products via this Website to individuals aged 18 or over. If you are under 18 you must involve a parent or guardian when placing orders online using the Website.
This Website is for use only by individuals who access it from within the United Kingdom (“UK”). If you choose to access the Website from locations outside the UK, you are responsible for compliance with local laws if and to the extent they apply.
Other policies
The following additional policies also form part of these Terms and Conditions and should be read carefully before placing an order:
- Privacy Policy
- Cookies Policy
Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your shopping account and/or your personal information.
Placing an order
By placing an order with us you agree to and accept these Terms and Conditions. If you are unhappy with any aspect of these Terms and Conditions, please email us at kim@kimhambi.com
Please ensure the details you provide us with on registration are correct and complete and inform us promptly of any changes to those details (e.g. change of email or postal address).
To place an order, please follow the onscreen prompts on the Website.
The contract between us
By placing an order via this Website you are making an offer to Kim Hambi to buy the products at the prices indicated as well as any applicable delivery charges. We only accept your order when we have confirmed availability and have processed the payment on your credit or debit card successfully. A contract between you and Kim Hambi for the sale and delivery of our products will only exist once an order has been accepted, processed and dispatched to you. If an item within your order is not available we will contact you.
We only sell to the UK. Our Website is solely for the promotion of our products in the UK. Unfortunately we do not accept orders from or deliver to addresses outside the UK.
Acceptance of online orders
When you have placed an order to purchase the products, an order acknowledgement email will be sent to you summarising the products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Kim Hambi.
We accept your order for a product when we send you an email confirming that we have dispatched the products in your order (“Dispatch Note”). The contract between us is formed at the point we send you a Dispatch Note for those items detailed in the Dispatch Note email. If your order contained a number of products and the Dispatch Note mentions only some of them, those items which have yet to be dispatched to you do not form part of that contract
We only accept your order when we have confirmed availability and have processed the payment on your credit or debit card successfully. Your credit or debit card will be charged when your order is placed. Non-acceptance of an order by us will occur if the ordered Product is out of stock or unavailable, we identify a pricing or product description error, your not meeting the eligibility to order criteria set out in these Terms and Conditions or we are unable to obtain authorisation for your payment. Should we have taken payment from you prior to non-acceptance of your order then you will be refunded but please note that it can take up to 5 days for the bank to transfer funds to you.
If for any reason the Products you ordered are no longer available we will at our discretion either: offer you an alternative item of equivalent quality and price (where this is possible); or cancel the Product from your order and where payment has already been deducted from your account give you a full refund in respect of that item.
The contract will be concluded in English and the details of your specific contract will not be filed by Kim Hambi.
We only sell to the UK.Our Website is solely for the promotion of our Products in the UK.Unfortunately we do not accept orders from or deliver to addresses outside the UK.
Payments
You may pay for your order by supplying your credit or debit card details. Kim Hambi uses stripe payments system which is a secure online payment method allowing you to pay with your debit or credit card. You supply these details in the secure online order form. We accept Pounds Sterling (£GBP).
In the event you cannot pay via stripe Kim Hambi can also accept Bank Transfers as an alternative payment method from UK customers, please get in touch via kim@kimhambi.com
Receipt of your credit or debit card details and debits of payments does not constitute our acceptance of your order. Acceptance of your order occurs when we issue to you a Dispatch Note email (see the “Contract between us” section above). You are responsible for ensuring the email address and other contact details you provide to us are correct. We will not be responsible if you do not receive the Dispatch Note email or other confirmation from us where the details you have supplied are incorrect or in the event of communication system failures outside our control.
Please note that we cannot guarantee the security of data which you send us by email. Accordingly please do not send us payment information using email.
We will take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure but unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
Prices
​All prices shown include UK Value Added Tax (VAT). The price of the products will be in line with the price displayed on the Website when you place your order.
The price of the products does not include delivery charges. Our delivery charges are as advised to you during the ordering process, before you confirm your order unless otherwise stated.
It is always possible that, despite our reasonable efforts, some of the products on our Website may be incorrectly priced. If we discover an error in the price of the products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the products at the correct price or cancelling your order. Your order will not be processed until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a miss pricing, we may cancel supply of the products and refund you any sums you have paid.
Prices for our products may change from time to time without notice, but changes will not affect any order you have already placed. Kim Hambi reserves the right to update prices displayed on the Website from time to time without prior notice.
Postage & Packaging
We will dispatch orders using Royal Mail to the UK mainland only Monday to Friday (excluding bank holidays). Please note that we do not dispatch on weekends, or any other public holiday.
Please allow up to 7 days for delivery. If the Products are not in stock, we will email you with an estimated delivery date when you place the order.
Parcels will require a signature on arrival. Please ensure the delivery address is where someone will be present. In the event that no one is available to sign for the Products and a signature is required, the carrier will leave notification of their delivery attempt with the necessary information.
If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will consider the delivery has failed and your parcel will be returned to Kim Hambi Ltd. On receipt of a failed delivery, Kim Hambi Ltd. shall refund the order value less the delivery charge and any cancellation fees due.
Any time or date stated for delivery is an estimate only and may be subject to change. We regret that specific delivery dates and times cannot be agreed when placing your order. Kim Hambi makes every effort to dispatch Products on time, but we do not accept liability for any loss or damage (whether direct or indirect) if delivery takes place at any time other than the estimated date for delivery. We will not be liable for non-delivery or miss delivery as a result of incorrect data entry.
Postage & Packaging charges
Free standard delivery on all products, please allow between 2 - 3 working days after dispatch. First class signed for postage attracts a postage charge of £3.50.
We are unable to process orders to a P.O. Box address.
VAT
Please note that the value of goods ordered is inclusive of VAT where applicable and we cannot refund any VAT charges.
Cancellation Right and Returns Policy
You have a legal right under the Consumer Contracts Regulations 2013 to change your mind and cancel your order from the date of the Dispatch Note (the date on which we email you to confirm our acceptance of your order) until the date which is 14 days after the day on which you receive the Products. If you are not happy with your purchase, simply return the unused Products to us at the address below in the original condition. Please include a copy of the original delivery note or proof of purchase and a message with your contact number stating you wish to make a return.
By original condition we mean (i) you have kept all original packaging and labels in good condition and the product can be resold at full price (ii) you have not used the product and (iii) the product contains no personal data.
If your Products are split into different deliveries over different days, you have until 14 days after the day you receive the last delivery to change your mind about the Products.
To exercise your right of cancellation, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, address, details of your order you wish to cancel, and where available, your phone number and email address. You can cancel by email to kim@kimhambi.com or write to [585a Fulham Road, London, SW6 5UA]. Where applicable, please keep a copy of your cancellation notification for your own records. We will email you to confirm that we have received your cancellation.
If the Products have already been dispatched to you or you have already received them, you must return them to us without undue delay and in any event not later than 14 days after the day on which you communicate your cancellation of your order to us. All Products must be returned via Royal Mail at your cost together with proof of purchase, unused, unopened and in a saleable condition, to receive an exchange or refund.
When returning Products you are strongly recommended to obtain proof of posting in the event that the Products go missing, as Products remain your responsibility and property until we receive them. Proof of posting will assist you in tracking any shipment which is reported as lost, damaged, mislaid or otherwise undelivered. Please take reasonable care of the products while in your possession and when returning the products, package properly and securely and label them properly to prevent damage or loss in transit.
Once your Products have been received, we will confirm this to you by email, assuming you have given us your email address. If, after sending your return to us, you have not received our email confirmation within 3 days, please contact us by email at kim@kimhambi.com so we can investigate.
Any Products returned which show signs the item has been used will not be replaced or refunded.
If you cancel your contract, we will refund you the price you paid for the Products and any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 2-3 working days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
Please note we are permitted by law to reduce your refund to reflect any reduction in the value of Products, if this has been caused by your handling them in a way which would not be permitted in a shop (or you can choose to have such Products returned to you within 14 days of our notification that we intend to make a deduction). If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
Refunds will be made as soon as possible and in any event within 14 days after the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. We will refund you using the same method as the original payment, where appropriate.
If you cancel your order but do not send off such Products to us within 14 days of notifying us of cancellation, we shall be entitled to withhold payment of any refund.
Return Address:
585a Fulham Road, London, SW6 5UA
Exchanges and refunds
Please return your Products via Royal Mail (at your own cost) unused and in original condition (as it was received by you) with proof of purchase within 30 days, and we will give you an exchange or refund. Please include a copy of the original delivery note or proof of purchase and a message with your contact number stating you wish to make a return.
Please note that a full refund will not be provided for returned Products that show signs of unreasonable use.
Please retain your proof of postage in order to provide proof to us that you have returned the Products in the unlikely event that we do not receive the refunded parcel. We cannot accept liability for returned Products lost in transit.
If you have chosen a refund, we will process the calculated refund (minus your delivery costs); please be aware that we will only process a refund once the item has been returned to and checked by us and this can take up to 30 days. You will bear the cost of returning the Products to us.
If you have requested an exchange or replacement this will be processed within 7 working days of receiving your returned Products and will be delivered via Royal Mail.
Faulty goods
All goods are checked thoroughly before leaving for their destination. It is your responsibility to check and immediately report to Kim Hambi any damage or defect to the products.
On the rare occasion that you may receive goods that are faulty, damaged or not what you ordered, then you can return the item under our normal return procedure for replacements or refund. Please contact us within 14 days of delivery and we will help you resolve any issues as quickly as possible.
Once the products you wish to return have been received by us, a refund for the agreed amount will be actioned to the original payment method. Please allow 14 days from return for this process to be completed.
Which Products cannot be returned
Whether exercising your legal right to cancel or returning a Product under our returns policy set out in these Terms and Conditions, you do not have a right to return/cancel your order in respect of Products sealed for health protection or hygiene purposes once you have unsealed them. For example toiletries or beauty products.
This does not, however, affect your statutory rights in relation to such Products if they are faulty or damaged when you receive them (see below) or if they are Products that you have been sent in error. If you have any questions please contact Kim Hambi (kim@kimhambi.com).
Faulty or damaged goods
All Products are checked thoroughly before leaving for their destination. It is your responsibility to check and immediately report to Kim Hambi any damage or defect to the Products.
On the rare occasion that you may receive Products that are faulty, damaged or not what you ordered, then you can return the item under our normal return procedure for exchanges or refund. Please contact us within 28 days of delivery and we will help you resolve any issues as quickly as possible.
Once the Products you wish to return have been received by us, we will be happy to exchange or process a refund for the agreed amount (including your cost to return the Products using standard return postage) to the original payment method. Please allow 14 days from return for this process to be completed.
Damage & Loss in transit
Kim Hambi Ltd does not accept liability for any delays or damages once the goods have left us and are in possession of the carriers.
Goods should be inspected on receipt of delivery, and damages to be advised in writing within 3 working days of delivery, so that we can arrange replacement goods and start following up with our carrier.
If you do receive damaged goods, please retain all relevant documentation so that an insurance claim can be made against the carrier.
Website Content
We will take reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our Order acceptance policy. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
Risk of Damage & Retention of title
Under normal circumstances, goods must be paid for prior to dispatch and the risk of loss, breakage and damage and all other risks shall pass to the customer when the goods have been dispatched.
Goods shall remain the property of Kim Hambi until payment in full has been received and cleared. In the event of any default in payment we reserve the right to reclaim the goods concerned.
Privacy
When you place orders, we collect certain personal and transactional information (e.g. name, address, email address, credit/debit card details). For details on how we use this information, please read our Privacy Policy. To fulfil our obligations to you under these Terms and Conditions we communicate with you by e-mail and by posting notices on the Website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications be in writing
Confidentiality
We take all reasonable precautions to keep information supplied to us by customers strictly confidential. We do not supply our 'mailing information' to third parties but do use it to advise our clients of goods and services we feel may be of interest to them, unless expressly instructed otherwise.
Information supplied to us may be stored on a computer system, but will not be supplied to any outside agency.
Intellectual Property
You may not reproduce, publish, transmit, distribute, display, modify, sell, or exploit in any way, in whole or in part, any contents of the Website, or any related software, catalogue, advertising or images for any purpose without the prior permission of Kim Hambi Ltd. All intellectual property rights in all material and/or content of this Website is owned by Kim Hambi Ltd. Using this Website does not give you permission to use any of the trade marks, designs and/or logos contained within it or to copy the “look and feel” and get-up of the Website or any of the items or services made available on the Website.
Product Descriptions and Specifications
Whilst we take every care to ensure that the description and specification of our products are correct and as up to date as possible, we cannot guarantee this will always be the case.
products and specifications on this Website are not intended to be binding and are intended only to give a general description of the products. All images, photographs, colours, specifications and descriptions are for the sole purpose of giving an approximate idea of the goods. We cannot accept any responsibility for any variation in colour caused by the browser software or computer system used to view the products. The packaging of the product may vary from that shown in images on our Website.
We reserve the right to change and/or withdraw any item displayed on the Website without notice at any time.
Availability and Connectivity
Whilst we make every effort to ensure the Website is available at all times, given the nature of the Internet, we cannot guarantee this will always be the case or that the Website will be fault or error free. If a fault occurs, please report it to us by email to kim@kimhambi.com
Occasionally we may suspend or restrict access to the Website to allow us to carry out essential updating, maintenance and repairs. In these circumstances, we will endeavour to restore your access to the Website as soon as possible.
Use of this Website requires internet connectivity and telecommunications links. You are responsible for any costs or charges that you may incur in using the Website.
Liability
The Website is provided to you "as is" free of charge. As such we will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Website. We may change the content of the Website (including without limitation the items and prices listed) at any time without notice.
Kim Hambi does not seek to exclude or limit liability for death or personal injury arising from its negligence or for any fraudulent misrepresentation. To the fullest extent permitted by applicable statute and common law, we disclaim all express and implied representations, warranties, conditions, undertakings or terms as to the condition, quality, performance, accuracy, fitness for purpose, completeness or freedom from viruses of the Website and its content, the supply of products or their use or resale by you.
We shall not be liable to you or any other person (other than by reason of fraud) for any loss or damage which may arise from your access to, use and/or misuse of the Website and/or reliance on its content, including without limitation:
- loss of business; loss of revenue; loss of profits; loss of anticipated savings; wasted expenditure, loss of privacy and/or loss of data;
- additional and/or unexpected expenditure and/or costs (including without limitation legal costs);
- loss or damage, which arises from your use or misuse of the Website or any of the information or materials made available to you via the Website; and/or
- other loss or damage which does not result directly from our actions or the actions of our agents and other third party suppliers.
While Kim Hambi uses reasonable endeavours to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Kim Hambi will not be responsible for any errors or omissions or for the results arising from the use of such information. The entire liability of Kim Hambi under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products ordered by you.
Kim Hambi will not be liable to you or be deemed to be in breach of these Terms and Conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Kim Hambi may assign or transfer any of its rights or sub contract any of its obligations under these Terms and Conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms and Conditions except with the specific permission in writing of Kim Hambi.
No person who is not a party to these Terms and Conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Terms and Conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
Alterations to this Website and Terms and Conditions
We reserve the right at any time to make changes to the Website, these Terms and Conditions, Privacy Policy and such other policies as we may notify you of from time to time. You will be subject to the policies and terms and conditions in force at the time you order items using the Website. Changes which we are required to make by law or regulation could apply to orders which you have already made. If any of the terms and conditions forming the contract between us are deemed invalid, void or unenforceable for any reason, they will be deemed severable and will not affect the validity or enforceability of the remaining terms and conditions.
Governing law
Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law