Any use by you of our website is conditional on your acceptance of these Terms and Conditions. We may change these Terms and Conditions without letting you know and therefore it is up to you to check this page for any changes. Your continued use of our website means that you have accepted these Terms and Conditions.
If you do not accept these Terms and Conditions, you should leave our website now.
Prices
Prices are as set out on the website. At the present time, there is no VAT charged on our prices. We reserve the right to alter prices at any time.
Guarantee
Under the United Kingdom’s Distance Selling Regulations you have the right to cancel your order. To do so you must inform us in writing within 7 days from the day after receipt of your order either by post to the address on your receipt, or by email to oneleggedkiwi@gmail.com. Returning any item within 7 days will also be taken as notice of cancellation of your order (or part of your order). Please quote your order number on all correspondence. Goods are provided to you on approval and legal title to the goods will not pass to you until the 7 days post-delivery period has expired. On receipt of any returned goods, we will give you a full refund of the amount paid or an exchange/credit as required. The contract in respect of sale of goods between One Legged Kiwi and you requires that you return the goods to One Legged Kiwi on cancellation. This does not affect your statutory rights.
Where goods are delivered to a third party you will only be able to exercise this right if you are able to return to us the goods you ordered. This does not affect your statutory rights.
Damaged or Defective Goods
If you receive an item that is damaged or defective, we will either replace the goods (or the faulty part of the item) free of charge or, at our sole discretion, refund to you the price of the goods (or a proportionate part of the price). Simply return the goods to us unused and we will handle the rest.
Returns
If you wish to return an item beyond the 7 day cancellation period, you may do so within 28 days of the invoice date, provided the goods are unused and in their original condition. Simply return the goods to us and we will assume your order is cancelled and we will refund the full amount to you or give you an exchange (as required). Please provide details in writing of whether you would like a refund or exchange for a different item, along with your reasons for returning the goods so we can improve our service in future.
For all cancellations or returns, please ensure you ask for a proof of posting certificate. If the goods are mislaid in the post, this will allow us to confirm that they were sent.
We endeavour to process postal return refunds/exchanges as soon as possible, but please allow 21 working days.
Order Acceptance and Contract
We will notify you by e-mail as soon as possible to confirm receipt of your order. Orders placed by you are an offer to purchase and will be accepted by us, subject to stock availability. If something is not in stock, we will either let you know at the time of ordering or as soon after the order has been placed as possible. The contract for the sale of the goods will be formed when we send e-mail confirmation to you that we’ve dispatched the product to you at the address you provide us with. Acceptance will be complete at the time that we send this email to you.
We reserve the right to change at any time any of the details of the garments on the site, including prices, colours and sizes. We reserve the right to change these terms and conditions and we advise that you read through them each time that you use the site.
Payments are currently handled by either Paypal or Stripe, who ensure the security of your personal information. We will endeavour to keep any personal information held by One Legged Kiwi secure but please be aware that we cannot guarantee the security of your information transferred to our site. This website, its content and any contracts arisen out of it are governed by and in accordance with English law. All contracts are conducted in English and by entering into a contract both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
If you would like to order from overseas please get in touch. Local import duties may be payable on receipt. Please note however that this site and its contents do not form an agreement between One Legged Kiwi and a customer in a jurisdiction in which the products offered for sale would go against any local, regional or national laws. If you know that it would be illegal for us to sell our products in your country, please do not order items from our site.
Delivery
We will notify you of the expected date of delivery and do our best to deliver the goods to you by that date to the address that you specify for delivery. If you do not supply an address, we will deliver the goods to the credit card address you provide us with. Please take care when entering your details as we cannot accept liability for non delivery of items as a result of incorrect information entered by yourself.In the event that you are not available to receive the goods at the point when they were delivered, you will be responsible for making arrangements to receive the goods if they are held at the post office or delivery company’s depot.
We will only charge you postage once per order, even if we send you more than one parcel. We will try to meet any date stated for delivery, but the dates are not guaranteed. Occasionally it may become necessary for us to cancel your order before delivery. We will let you know as soon as we can that this has happened and you will not be charged, or if you have been charged, we will refund the full amount to you.
If your goods have not reached you within 14 working days from the date they left us you will need to get in touch by email to report your order as missing in the post. We allow a maximum of 28 days for you to let us know your goods haven’t arrived, if you haven’t contacted us by this time we will accept this as your acknowledgement for receipt of the goods.
The One Legged Kiwi Website
Intellectual property rights
All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this site together with all software compilations, underlying source code and software in the site are protected by copyright and are owned or controlled by or licensed to One Legged Kiwi. Any use of this website or its contents, including copying or storing it, in part or in whole, other than for your own lawful, personal, non-commercial use is prohibited without the prior permission of One Legged Kiwi.
Links to Third Parties
We may provide links to third parties that we believe may be of interest to you. We do not control nor vet these websites, and therefore we cannot accept liability in respect of either the contents or your use of these websites.
No warranties or liability
To the extent permitted by law, One Legged Kiwi gives no warranties in relation to the website, in particular with limitation, any warranties regarding the accuracy of descriptions and illustrations of items in the website or in our catalogue or other IP infringement and freedom from viruses. We do our best to keep our site up to date but cannot guarantee that the site and its contents are completely free of technical errors, viruses or anything else that may have a harmful effect on your computer or any technology. One Legged Kiwi will also do its best to allow you uninterrupted access to the site 24 hours per day, but access may be suspended, restricted or terminated at any time. By using the site, you acknowledge that you assume full responsibility for all costs associated with any necessary servicing or repairs of any equipment that you use in connection with One Legged Kiwi’s site. Of course, this statement does not affect your statutory rights as a customer.
To the extent permitted by law, One Legged Kiwi will have no liability to you in contract, tort (including negligence) or otherwise for any loss (including loss of profit), cost or damage (whether indirect, consequential, or otherwise) suffered as a result of your use of the website or from use of information passed through the website, even if we are aware of the possibility of such loss. Additionally, we shall also not be liable to you for a breach of these terms and conditions or a failure to perform if the delay or failure is due to a cause beyond our reasonable control.
One Legged Kiwi’s total liability for any claim howsoever arising shall not exceed the price paid for the goods supplied by One Legged Kiwi to the customer, together with any postage costs incurred. We do not however exclude or limit our liability in respect of death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
You must use the site for lawful purposes only. By registering with us you recognise that you are responsible for all access made to the site using the log in details that you provide us with. As with all passwords and usernames, it is important that you keep them confidential at all times.
If any part of these terms and conditions is unlawful, void or for any other reason unenforceable, then that provision shall be cut out of the terms and conditions and shall not affect the validity or enforceability of any of the remaining provisions. Also, if we fail to enforce a right under these terms and conditions, it does not mean that we do not have the right to enforce other rights, or the same type of right at a later stage.
No part of these terms and conditions are enforceable by anyone who is not a party to them in accordance with the Contracts (Rights of Third Parties) Act 1999.