Terms and Conditions for the Supply of Goods through the website You are connected to the User Agreement for Kleshna ‘Stealer of Hearts’ Ltd, registered address Stuart House 55 Catherine Place, London SW1E 6DY.  The Company KLESHNA’s address for returns is however different.  This service is operated by Kleshna ‘Stealer of Hearts’  Ltd ( Kleshna ‘Stealer of Hearts’  Ltd and Kleshna.com each separately and together in this Agreement, “we”, “us” or “our”).

 

1. The Contract between you and us

 

We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.

 

2. Pricing and Delivery

 

2.1 The prices payable for goods that you order are as set out in our website.

 

2.1.1 All of our prices are in UK Pounds - any other currency displayed on the site is for comparison only. You will be billed in UK Pounds and if you purchase from outside the UK , currency fluctuations and credit card charges may make a difference to the amount billed on your credit card or displayed using our currency converter.

 

2.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.

 

3. Right for you to cancel your contract

 

3.1 Subject to 3.3 below, you may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

 

3.2 To cancel your contract you must notify us by e-mail at kleshna@kleshna.com or telephone us on 0208 401 6789 or +44 (0) 208 401 6789 (for overseas calls).

 

3.3 Your right to cancel your contract with us for the goods you have ordered is subject to:
a) You not having worn or damaged the jewellery.
b) You  having not removed the security tag from the item.
c) You calling us within 7 days of receiving your goods and receiving a ‘Returns Authorisation number’.

 

To return your item within the UK :

 

1) Call 0208 410 6789 ( UK ) or email kleshna@kleshna.com within 7 working days of receipt of purchase and ask for a ‘Returns Authorisation number’.
2) Your ‘Returns Authorisation number’ should be written on the outside of the package being returned.
2) If you are returning your item from the UK , you are recommended to use the Royal Mail Special Delivery service to guarantee safe delivery. The item(s) must be packed securely in the packaging in which you received it. We are not liable to refund you if the jewellery is returned to us broken.
4) Once we have received the item(s) we will refund the amount due to your credit card. 

 

To return your item from overseas:

 

1) Call +44 (0) 208 401 6789  or email kleshna@kleshna.com within 7 working days of receipt of purchase and ask for a ‘Returns Authorisation number’.
2) We recommend that you return items via a reliable international courier company like a FedEx, DHL or TNT.
3) Once you have notified us that you are cancelling your contract, any sum debited from you credit card will be credited to your account in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

 

4. Cancellation by us

 

4.1 We reserve the right to cancel the contract between you and us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

 

4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

 

5. Delivery of goods to you

 

5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used.

 

5.2 All orders within the UK are delivered using Royal Mail Special Delivery.

 

Delivery Charges:

 

- For delivery within the UK we charge a fee between £5.00 & £7.00 and the delivery (pending our having it in stock)  should arrive within 10 working days on ‘non commissioned items.
- For delivery overseas we charge according to weight and where you are situated according to Fed Ex rates.  And the delivery will arrive within 10 working days on non commissioned items.
- For urgent orders within London postcodes, you can use our courier service for which we charge a flat fee of £15.

5.3 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

5.4 We make no promise that materials on our website are appropriate or available for use in locations outside the United Kingdom , and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom , you do so at your own initiative and are responsible for compliance with local laws.

 

5.5 If your order is returned to us because the courier or postal service could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.

 

6. Liability

 

6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question.

 

6.2 If you do not receive goods ordered by you within 10 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods.

 

If you notify us of a problem under this condition, our only obligation will be, at your option either:

 

6.2.1 to make good any shortage or non-delivery; or
6.2.2 to replace any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.

 

6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.

 

6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

 

6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

6.5 We cannot be held responsible for any delays once the goods have left us and are in possession of the courier or Royal Mail.

 

7. Notices

 

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by e-mail to our business contact address at kleshna@kleshna.com and all notices from us to you will be displayed on our website from time to time.

 

8. Invalidity

 

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

 

9. Privacy

 

You acknowledge and agree to be bound by the terms of our privacy policy.

 

 

10. Third Party Rights

 

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

11. 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. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.

 

12. Entire Agreement

 

12.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

 

12.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.

 

13. Trade Marks

 

Kleshna ‘Stealer of Hearts’ Ltd  is the operator of www.Kleshna.com. All trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by us in respect of the use of any such brand names, photographs, product names or titles or copyrights and such use may constitute an infringement of the owners’ rights.

 

14. Events Beyond our Control

 

We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.