Terms and Conditions for Orders Placed via the KAYIWA Website

These are the terms and conditions of sale (Conditions) of KAYIWA – a limited company – whose registered office is Vuorimiehenkatu 12 A 3, 00140 Helsinki – registered in Finland under Business Identity Code 2152292-4. The company’s VAT Number is: FI21522924. These Conditions will apply to all purchases of Goods bought through our website (https://www.kayiwa.fi “Website”). By placing an order via our Website you confirm your unconditional acceptance of these Conditions. Please read this document carefully before placing your order. We may change these Conditions from time to time. Therefore, you must visit this page periodically for changes and updates. The latest version of these Conditions is always available on our Website.

1. Scope
1.1 In these Conditions:
1.1.1 The Goods on sale via the Website are destined for the end-user person or legal entity who/which is purchasing the Goods outside the course of his or her/its business or trade, respectively. Gallerists, distributors, retailers or agents may contact us for wholesale offers at wholesale@kayiwa.fi
1.1.2 “You” or “you” means the “Customer” purchasing the Goods via this Website. To place orders via this Website, you must:

  • Be an individual as defined as a “Customer”.
  • Be 18 years of age or older if so requested by your local legislation. If you are under the age of 18 or an older age specified by your local legislation, you must let your parent or guardian know about these Conditions before you use this Website or any of this Website’s services, and obtain consent from a parent or guardian in Writing before purchasing any Goods through this Website.
  • Be eligible and competent to enter legally binding contracts.
  • Have a valid email address.
  • Have a verified PayPal account or a debit/credit card such as Visa, Visa Electron, MasterCard, Maestro, American Express, JCB plus other local cards and payment methods supported by PayPal.

1.1.3 “Goods” means the Goods to be supplied under these Conditions;
1.1.4 “Party” means either you or us; “Parties” means you and us;
1.1.5 “Writing” means letter or email.
1.2 The contract for supply of Goods (Contract) will be formed when we accept your order. We can only accept orders in Writing. All orders are subject to availability.
1.3 These Conditions and any matters referred to on our receipt of payment form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.4 Any omission or error in any sales literature, or in any advertisement whether in newspapers, magazines, on the Internet or otherwise, or in any invoice or other document issued by us may be corrected by us without liability.
1.5 Clause headings are for convenience only and do not affect the interpretation of these Conditions. Words in the singular include the plural and vice versa.

2. Orders
2.1 You will be responsible for paying any costs arising from connection to our Website.
2.2 You must have cookies and JavaScript enabled in your browser to be able to place orders via our Website.
2.3 This Website is optimized for recent browser versions of Chrome, Firefox and Safari.
Whilst we take reasonable care to ensure that all material contained in our Website is accurate and up-to-date at the time it is posted, we cannot guarantee this. None of the material contained in our Website is to be relied upon as a statement or representation of fact. KAYIWA declines every responsibility for colors, proportion and details of products visualized on the Website appearing slightly different from the originals due to malfunction or particular configuration of your computer. All images, illustrations and descriptions of the Goods are for information only and you are advised to contact us for further information about the Goods.
2.4 Whilst we try to ensure that our Website is reliable and available at all times, the Internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not give any warranty for the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content or services contained on our Website.
2.5 We will not be liable for any damages (including, without limitation, loss of profit or loss of use) arising from your use of, delay in or inability to use our Website, its content or any link to another website arising in contract, tort (including negligence) or otherwise, except in the case of death or personal injury caused by our negligence.
2.6 The sizing of the Goods is indicated in the product description section and the appropriate size for your need should be considered prior to placing your order.
2.7 Should prolonged inactivity cause the loss of items from your shopping cart, you will be required to re-enter your selection.
2.8 Before you check out, you will be given the opportunity to review your selection(s), check the total price of your order and correct any input errors. All information on our Website is an invitation to treat only and is not an offer or unilateral contract. Unless you cancel your order, acceptance of your order will be complete upon completion of the packing of your order. Completion of the Contract between you and us will be complete when we dispatch the Goods to you, at which time you will receive a second email containing your tracking number, and confirming that your order has been dispatched. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that the Goods ordered are incorrectly priced or otherwise incorrectly described or that you do not meet the eligibility criteria set-out within clause 1.1.2. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party for withdrawing any Goods from the Website whether or not those Goods have been sold; removing, screening or editing any materials or content on the Website; refusing to process a transaction or winding down or suspending any transaction after processing has begun.
2.9 Your order will usually be processed within the time frame specified alongside the Goods in the ESHOP: Orders placed on Friday evening, Saturday and Sunday will be processed the following Monday morning. However, please note that the processing of a particular order may also be affected by the amount in units of the Goods ordered and the season during which the order is made. Our customer service will contact you if your order requires more time to process.
2.10 The sale will only be binding on us once we have notified you that the order is accepted and the Goods have been dispatched by us.
2.11 You may order a gift for a third party and have it shipped directly to them. You may also add a personal message of up to 150 characters to the gift during checkout.
2.12 Customers may obtain their order status by sending an email to info@kayiwa.fi The email must include the first and last name under which the order was placed plus the shipping address.
2.13 All the orders are systematically queued and processed on “first-come, first-served” basis.

3. Payment
3.1 PayPal securely hosts our checkout pages. Please note that you do not need to have a PayPal account to be able to make payments. On clicking the “Check out with PayPal” button, you may either enter your credit card billing information or log in to PayPal on the displayed PayPal hosted billing information/log-in page.
3.2 When you log in, PayPal displays a transaction review page to let you confirm the details before you complete and authorize the payment. If you click the “Pay Now” button, for a few seconds a PayPal confirmation page will acknowledge that you have successfully completed your transaction and have authorized your payment before you are automatically returned to our Website.
To use your credit card to make the payment you must enter your billing information. KAYIWA neither obtains nor stores your credit card information. KAYIWA WILL NOT ASK FOR NOR ACCEPT CREDIT CARD NUMBERS AND/OR EXPIRATION DATES.
You may not be automatically directed back to our Website, but will be given the option to return. From the PayPal payment confirmation page, you can also click the “View Printable Receipt” link to view, save or print receipts for your records.
3.3 Either way, for whichever payment option you choose, PayPal will send you a payment authorization notice by email to confirm the completed transaction. You must retain a copy of the receipt.
3.4 We must receive the full payment for both the Goods and any shipping charges prior to their dispatch to you: Your authorized payment will be processed by KAYIWA at the time the order is prepared.
3.5 If you are a Customer whose credit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction. If you use your PayPal account and your payment requires a currency conversion, the exchange rate (which includes a Currency Conversion Fee) will be determined at the time KAYIWA processes your payment and completes the transaction.

4. Price
4.1 All the prices of the Goods are in Euros (€) and are exclusive of Value Added Tax (VAT) or tariffs and import fees, which shall be payable by you in accordance with the applicable legislation. Generally this means that for Goods with a European Union (EU) destination, the Finnish 24% VAT shall be added to the total price of the Goods by KAYIWA: Goods with a non-EU destination are Delivered Duty Unpaid (DDU) and the payment of the tariffs and import fees levied on the Goods is the sole responsibility of the Customer once the Goods reach his/her country. If the Goods are shipped or delivered by our courier of choice – United Parcel Service, Inc. (UPS), the tariffs and import fees will be invoiced to you directly by UPS.
4.2 In order to determine which taxation criteria to apply, you are required to provide the destination of the Goods during the checkout process.
4.3 If an error is found in the price of Goods you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the Goods, respectively.
4.4 KAYIWA reserves the right to change the prices and the terms of payment.
4.5 In addition to the price of the Goods, you may be required to pay shipping charges. To get the most accurate shipping rates for the Goods, you need to select the destination country, state or city and the zip/postal code. The shipping charges are inclusive of VAT.

5. Shipping
5.1 Unless you provide us with the requested details of your courier company, the shipping of your Goods will be made by UPS. Check the Freight Collect box during checkout if you have your own shipping account with UPS or any other courier company and submit the name of your courier company, account number and the service level that you would like to use (such as 2-Day or Next Day delivery).
5.2 At the moment, our webshop only calculates United Parcel Service, Inc. (UPS) shipping rates for BARBARA, BETTY, CARAT, DICO, DOM·I·NO, FAITH, HAMARA, ITTOLI, SM and TUKAANI. For the other collectibles’ freight charges, we will contact you either via email and/or telephone with a quote after you’ve submitted your order. Please provide your email and phone number where required during the checkout process.
5.3 Any date or time specified by us is a best estimate only and we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in shipping or delivery.
5.4 You may also be liable to pay additional shipping charges: For more information about the costs and descriptions of the additional shipping charges that may be incurred visit http://www.ups.com or contact your local UPS Customer Center.
5.5 KAYIWA insures your Goods until the time and place that you sign for them. Ownership and the risk of damage to the Goods shall pass to you upon signing for the package. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by KAYIWA and transfer of responsibility in the same way.
5.6 A delivery confirmation signature is always required. Please note that deliveries are not made to care of or hotel or P.O. Box addresses.
5.7 You are required to inspect the packaging carefully before signing for the package. If there is evidence that the packaging has been tampered with, immediately file an official claim with the courier company and contact us.
5.8 In case of the delivery of incorrect Goods, KAYIWA reserves the right to request photographic proof before granting the free of charge return to exchange the Goods, full reimbursement of the incurred tariffs or import fees (upon proof of payment i.e. a receipt) and complimentary shipping of the exact Goods.
5.9 We shall repair or replace free of charge any Goods damaged in transit provided that if the packaging is damaged you open the package in the presence of the courier with a camera in order to verify the condition of the Goods. If, in the event of damage to the Goods, photographs are taken as evidence, you must immediately file an official claim with the courier company and notify us in Writing within 48 hours. We recommend that you do not sign for Goods that are extensively damaged.
5.10 If the Goods are returned to KAYIWA because the address was incomplete or incorrect or because you refused to accept them (unless as stipulated in clause 5.9 above), you will be charged for the re-import and return shipping costs.

6. Limitation of Liability
6.1 In no event shall we be liable to you for:
6.1.1 Any damages or losses which are due to an impediment beyond our control, which we could not reasonably be expected to have taken into account at the conclusion of the Contract and whose consequences we could not reasonably have avoided or overcome;
6.1.2 Any damages or losses that are not caused by any breach by us;
6.1.3 Any damages or losses which are caused by you by any act or omission against the manual provided by KAYIWA with the Goods in question;
6.1.4 Any indirect or consequential damages or losses, including, but not limited to, loss of income, loss incurred through obligations based on another contract or essential loss of the use of the Goods in question, not resulting in direct economic loss, as well as other comparable detriment, if essential.
6.2 Our entire liability in connection with the Contract will not exceed the purchase price of the Goods in question.
6.3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6.4 The liability of KAYIWA shall in any case not exceed the liability arising in accordance with mandatory legislation.

7. Return and Exchange Policy
7.1 To return or exchange Goods, you must first email returns@kayiwa.fi within 14 days from the date you sign for the Goods to request a Return Merchandise Authorization (RMA). Please note that a RMA requested more than 14 days after your receipt of the Goods will be granted at our sole discretion. KAYIWA reserves the right to refuse returns that are unauthorized.
7.2 No refund or exchange will be offered for Goods that are returned by the Customer incomplete, damaged, have any sign of use or wear and tear or have been altered in any way.
7.3 You will be responsible for returning the Goods to us at your own expense in their original packaging, complete with any related documents, accessories or components, together with the duly filled RMA and the receipt to the following address: KAYIWA, Vuorimiehenkatu 12 A 3, 00140 Helsinki, Finland
7.4 All authorized returned Goods must arrive at KAYIWA within 10 working days of the issuance of the RMA. Returns outside these time frames are accepted at the sole discretion of KAYIWA. The returned Goods are subject to a re-entry inspection at the sole discretion of KAYIWA: Based on the condition of the returned Goods and/or non-compliance to return the Goods as required under these Conditions, a 15% restocking fee may be deducted from the refund.
You will be notified by email once your return has been received and processed.
7.5 No refund or exchange will be offered should the Goods go missing during the return shipping. We recommend that you return the Goods with a courier company. You may also need to consider insuring the returned Goods.
7.6 All refunds will be issued based on the original form of payment. Refunds will appear on your credit card statement within two billing cycles (may vary from one credit card company to another).
7.7 In the event that Goods are exchanged, the initial sale will be canceled. The new transaction payment will be set off against the amount paid for the Goods in the preceding sale.
7.8 In the event that Goods are exchanged by courier, the new sale will be subject to these Conditions.
7.9 Personalized Goods may not be returned for refund or exchange under any circumstances unless the Goods have manufacturing defects in material or workmanship upon delivery.
7.10 When you order a gift for a third party, the right to return or exchange the Goods can only be exercised by you and cannot in any circumstances be exercised by the recipient of the gift.
7.11 Shipping charges are not reimbursed.
7.12 Tariffs or import fees are non-refundable unless in the rare case of the shipping of incorrect Goods. However, you might be able to recover these by contacting your local customs bureau directly.

8. Warranty
8.1 KAYIWA manufactures its Goods to very high standards and we guarantee that our Goods will perform well for many years. Accordingly, we warranty all the Goods against manufacturing defects in material and workmanship for a minimum period of 10 years from either the original date of delivery or purchase from KAYIWA or any of our authorized retailers, respectively. The CARAT LED Pendant Lamps have a lifetime warranty.
8.2 The lifetime and 10-year limited warranties apply to the original Customer only and are non-transferable. Complete and return the enclosed warranty card within 30 days upon the receipt or purchase of your Goods to register them for coverage.
8.3 The Goods must be transported, assembled (or installed), used and maintained according to the instructions in the manual.
8.4 The lifetime and 10-year limited warranties do not extend to damage caused by transportation, assembly (or installation), improper use or maintenance deviating from that indicated in the manual, neglect, abuse, outdoor use, faulty ancillary equipment, modifications, unauthorized repair, improper storage, shipping damage or loss, accidents, acts of God, normal wear and tear, commercial use or purchase from unauthorized retailers. You the Customer are responsible for bearing the cost of servicing or replacement under these excluded circumstances: KAYIWA will examine the Goods and decide, at its sole discretion, whether they are covered under the warranties.
8.5 The warranties provide you the right to servicing, but specifically not to the Goods’ exchange or return.
8.6 Where applicable, to request service under these warranties contact the authorized retailer from whom you first purchased the Goods [according to the retailer’s terms and conditions of sale] or KAYIWA if you purchased them via our Website. In any case, please do not send the Goods back without contacting us first.
8.7 The warranties may only be invoked if you provide KAYIWA with the following, along with the defective Goods: The receipt, a properly filled warranty card and a clear description of the complaint(s).
8.8 KAYIWA reserves the right to discontinue a product or model. We shall therefore provide the Customer with an equivalent product during the warranties’ period. KAYIWA shall decide, at its sole discretion, what constitutes an appropriate substitution.
8.9 The limited warranty period shall not be extended for the replacement or new parts in the event of servicing being carried out. Any replaced products or parts become the property of KAYIWA.
8.10 KAYIWA shall not be liable to you for any special, incidental or consequential damages incurred as a result of defects, aside from our promise to service or provide replacements as abovementioned at no charge. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The liability of KAYIWA shall in any case not exceed the liability arising in accordance with mandatory legislation. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This limited warranty gives you specific legal rights and you may also have other rights that vary from country to country, province to province or state to state; therefore the above limitations and exclusions may not apply to you.

9. Governing Law and Jurisdiction
These Conditions shall be governed by the laws of Finland, without regard to its choice of law provisions. If KAYIWA and you are unable to negotiate an understanding on any point of dispute, then the said dispute shall be settled in the first instance at the District Court of Helsinki. If you are a Customer, you may, however, submit the dispute to the general court of first instance holding jurisdiction in the district where you are domiciled provided, however, that you are domiciled in Finland.

 
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