Terms & Conditions

Terms & Conditions of Sale

Introduction

Welcome to the Kabaika website, www.kabaika.com (the website). This page, together with our website terms of use, privacy policy, and cookie policy (Terms and Conditions) tells you information about Kabaika and the legal terms under which you may use the website and on which we sell products on our website. These apply whether you are a guest or a registered user, and whether you are just accessing or browsing the website, or registering to use the website to purchase Kabaika´s products. The Terms and Conditions will apply to any contract between Kabaika and you for the sale of Kabaikas’ products.

The website is owned and operated by MAMAJA group s.r.o. (we, our), a company registered in Czech republic with registered company number 28563832 and with trading address: MAMAJA group s.r.o., Piskova 666/14a, 74707 Opava-Jakta, Czech republic. Our VAT number is CZ28563832.

Please read the Terms and Conditions carefully before ordering any products from the website and contact us or a legal advisor if you have any questions. By placing an order with us, you confirm that you have read, understood and agree to the Terms and Conditions and that you agree to be bound by them.

If you do not agree to be bound by all of the Terms and Conditions, please do not place orders using our website.

You should print a copy of the Terms and Conditions or save them to your computer for future reference.

We may change these Terms and Conditions from time to time without notice. You should check this page every time you wish to order products from us to take account of any changes as they are legally binding on you.

These Terms and Conditions are effective from August 1st 2017.

 

Registering with Us

Before you can place an order, you must register on the website and set up an account with us. We will ask you to provide some personal details and we will only use your personal information in accordance with our Privacy Policy.

You warrant that all information that you provide to us is true, accurate and up to date at all times. You can make any changes to your information and manage your account using the website.

 

Ordering

Please follow the steps on the website to place your order with us. If you have any questions about the products, please check the product details or contact us via the Contact Us tab on the website. The website allows you to select delivery direct to your address.

The website allows you to check your order details at each stage and make any amendments and correct any errors before placing your order. Please make sure that you check all of the details of your order carefully before submitting it to us

After you submit your order on the website we will send you an email acknowledging that we have received it and confirming the details of the order so that you can check them. Please note that this does not mean that we have accepted your order. We will confirm our acceptance of your order by sending you an email, stating that the products have been dispatched or that the services you ordered from us have commenced. This dispatch email together with the Terms and Conditions forms the legally binding contract (Contract) for the sale and purchase of the products and any services that you have ordered from us. The dispatch email will also inform you of an estimated delivery date.

If we are unable to supply you with a product or service (for example because the product is not in stock or no longer available) or if we are unable to deliver to your chosen address, or if we are unable to deliver to you within the delivery timescales that you have specified, then we will inform you of this by e-mail, and contact you. We will not process your order, and we will not charge your credit or debit card until any out-of-stock products are back in stock and/or your order has been dispatched, unless you use PayPal as your payment method in which case the funds will be held in your Paypal account. In the unlikely circumstance that you have already paid for the products, we will refund you the full amount as soon as reasonably possible.

Normally, any orders received before 2pm on a working day will be dispatched the same day.

 

Changes to your order

If you wish to change your order, please contact us immediately by calling +420 603 807 892 or by emailing sklad@mamaja.cz or by using the Contact Us tab on the website. We will endeavor to make any changes that you require. However this may not be possible if we have already started processing your order. You must confirm all changes in writing to us within a reasonable time. Please be aware that any changes to an order may result in changes to the price and to the delivery timescales. We will inform you of these when you have made your changes.

 

Cancellation and Returns

If you are a consumer, you have a legal right to cancel your order at any time up until 30 working days after you have received the products or services that you ordered (if you receive your order in instalments, this means 30 days after your receipt of the final instalment). Your legal rights are not affected by the Terms and Conditions.

You may also cancel a Contract if an event outside our reasonable control takes place which affects our ability to supply the products for a period of at least 30 days and as a result you decide that you no longer wish us to supply them.

If you wish to exercise your right to cancel a Contract after your order has been despatched, we will refund the original purchase price and if you have paid for delivery, our standard delivery charge, provided that you have notified us in writing no longer than 30 working days after you received the products that you ordered and provided that you have taken reasonable care of them, not used them and that you return them undamaged and unused in the products’ original and undamaged packaging. Please see our Returns Policy for more information. Please note that we are permitted by law to retain sums to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a shop.

Please note that your right to cancel a Contract and return products does not apply in the case of any products which are made to your specification or personalised, or products such as newspapers, periodicals or magazines, perishable goods (such as food, drink or fresh flowers), or software, DVDs or CDs which have a security seal which you have opened or unsealed, unless such products are faulty or not as described.

If the products which you are cancelling were delivered to you, you must return them to us as soon as reasonably practicable (and no later than 30 days after you let us know of the cancellation). Please see our Returns Policy for further information. If we agree to collect the goods, we will collect the products from the address to which they were delivered. We will contact you to arrange a suitable date for collection. Unless the products are faulty or not as described or were incorrectly supplied, you will be responsible for the cost of returning the products to us or, where relevant, the cost of us collecting them from you. If you are not in, or the goods are not available for collection on the agreed date of a collection from you, you will be responsible for any additional collection costs that may be incurred.

To cancel an order, you can use our cancellation form or by contacting us by e-mail at sklad@mamaja.cz.

If the Products are Faulty or not as described

Faults with our products are rare, but they do occur from time to time. As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in the Terms and Conditions will affect these legal rights.

If you find that a product you bought from us is faulty or not as described, then please contact us by emailing sklad@mamaja.cz and we will discuss next steps with you. We may ask you for a photo of the problem, the serial number of the product (if there is one) and we will also ask you for proof of purchase from us. Wherever possible we will supply spare parts to you to enable the product to be fixed or alternatively, at our sole discretion we may be able to repair the product for you. If you require spare parts for products, please contact us.

If, on delivery the product is faulty or not as described, or the product subsequently develops a fault which is covered under our warranty, and you decide that you would like a refund, then you must return the product to us as soon as reasonably possible and we will refund the price of the product in full, any applicable delivery charges, and any reasonable costs you incur in returning the product to us. Please make sure you retain your receipt for postage as we will ask you for proof of posting and cost. Please see our Returns Policy for more information.

To return a faulty product, you will need to first Contact Us by e mail, please see our Returns Policy for more information.

Prices

The prices of the products will be as quoted on the website from time to time in EUR and include VAT at the applicable rate chargeable in the Czech republic. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay unless you have already paid for the products in full.

Prices do not include delivery charges, which are quoted on the website from time to time.

The website contains a large number of products and it is always possible that, despite our reasonable efforts, some of the products may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order 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. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

Product descriptions

We take reasonable care to ensure that the products on the website are described accurately and fairly and that the product information shown is correct and up-to-date. However, it is important for you to note that:

  • the images of products on the website are for illustrative purposes only;
  • packaging of products may vary from that shown on the website;
  • any weights, dimensions and capacities shown on the website are approximate only;
  • the colour reproduction that you see on the website will depend on your equipment and we cannot guarantee that your display of any colour will accurately reflect the colour of the product when you receive it;
  • there may be other minor differences between the product and its description on the website;
  • all products are subject to availability. We will inform you as soon as possible if we are unable to supply any products or services and we may offer you a substitute of equal or higher quality and value.

Substitutions

In some circumstances, we may experience difficulties in our supply of products, and we reserve the right to substitute alternative products or services of equal or greater quality and value at no extra cost to you. If this is the case, we will contact you prior to despatching the substitution and you will have the right to cancel your order, and if you decide to cancel, then we will offer you a refund of the price including any delivery costs (if paid). You may use our cancellation form to cancel your order, contact us at sklad@mamaja.cz .

Personalised and Made to Measure products

We make the products or personalise products according to the measurements and information that you provide to us with your order. You can find information on how to measure and to choose your personalisation on the website, or by contacting us at the Contact Us tab on the website.

Please take extra care to make sure that any measurements and personalisation information that you give us is correct and accurate as we cannot accept the return of made to measure or personalised products if the reason for the return is because you provided incorrect information. This does not affect your legal rights as a consumer if the products are faulty or not as described.

Gift message and wrapping service

If you use our gift message service, you acknowledge and agree that the gift message service is provided for your own personal and non-commercial use only. You are entirely responsible for the text and other content of your gift message and we accept no liability for any such content and you will follow our content standards set out in the website terms of use. We reserve the right to refuse to send messages and to terminate access to the gift message service at any time and without liability to you.

We will try to provide the wrapping for gifts with the materials and colours you have ordered, but we reserve the right to reasonably adjust the materials and colours used.

Payment

During the order and checkout process, we will ask you for your payment details. You can normally only pay for products using the debit or credit cards that we accept, as set out on the website, or by Paypal. By completing your payment details, you confirm that the card being used is yours or if you are acting for a business, that you have the authority to use it. All card payments are subject to authorisation by your card issuer.

Payment for products and all applicable delivery charges is in advance. We will not charge your card until we are ready to despatch your order. Please be aware that payments made by Paypal are taken immediately and held in a Paypal holding account until the products are available for dispatch

If you wish to pay by another means such abank transfer, please ask for instructions by contacting us via on the Contact Us page on the website.

Once we have accepted your Order by sending you a confirmation email, you agree to pay us as set out in the Terms and Conditions and in accordance with the terms and conditions of our online payments provider.

Our online payment partners are authorised and registered by the Financial Services Authority. Please refer to their terms and conditions for further information.

 

Delivery

Your order will be fulfilled by the estimated delivery date set out in the dispatch confirmation that we sent to you, unless there is a delay due to circumstances outside our control. Subject to your cancellation rights set out above, we will not be liable for any delay or failure to deliver the products due to such circumstances. We will try to deliver all of the products in one order together, unless you have requested otherwise, but we reserve the right to deliver your order in instalments, for example if there is a delay on a particular product.

Delivery will be completed when we deliver the products to the delivery address that you specified or when you collect the products from your chosen Click and Collect stockist.

We take reasonable care to ensure that the products and their packaging leave our premises in good condition. If at the time of delivery to  you find that the external packaging of the products is damaged and you suspect that the products are also likely to be damaged you should not accept the delivery or collection and should hand it to the courier or  to return it to us. If you accept a delivery where the packaging is damaged, you must inform the courier  in writing of the damaged packaging as you sign for the delivery or collection, and take a photo of the damage prior to unwrapping the products.

Please inform us immediately (no later than 7 days after receipt) by  emailing sklad@mamaja.cz if you find that any products are damaged upon opening the packaging. Please see our warranty terms below and the Faulty Products section above with regard to damaged or faulty products.

All risk in the products that you order (including risk of loss or damage to the products) shall pass to you on completion of delivery. You own the products once we have received payment in full for them, including all applicable delivery charges.

International Delivery

We deliver to the countries listed on our Deliveries page. However there are restrictions on some products for certain international delivery destinations, so please review the information on the Deliveries page carefully before ordering any products from our website.

Please note that we are not able to accept payments using debit or credit cards from certain countries, so please contact us via the Contact Us page of the website for alternative means to pay.

If you order products from our site for delivery to an international delivery destination, your order may be subject to import duties, taxes and other fees which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties, taxes and other fees. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

Please see our advice on international delivery and returns and refunds.

Our Warranty for Products

We warrant that the workmanship and materials of the products delivered to you will comply with their description and will be free of material defects for the period set out in the relevant manufacturer’s warranty (normally 12 months but varies from product to product). We shall extend the manufacturer’s warranty offering to you.

The warranty does not apply to any defect in the products arising from

  • fair wear and tear;
  • wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
  • if you fail to operate or use the products in accordance with the user instructions;
  • any alteration or repair by you or by a third party who is not one of our authorised repairers unless the repair is carried out using reasonable skill and care using a spare part supplied by us; or
  • any personalization, special instructions or other specification requested by you.

We will perform our obligations under the Terms and Conditions with reasonable care and skill.

If you are a consumer, the express warranties set out in the Terms and Conditions are in addition to your legal rights in the UK in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Promotional Codes

From time to time, we may make offers to you using promotional codes, subject to the following terms. Promotional codes:

  • must be used in accordance with the terms of the specific promotion or offer;
  • may be used against purchases of any products on the website;
  • may be used to pay for goods of a higher price than the promotional amount, on payment of the difference;
  • cannot be exchanged for cash;
  • are valid for the limited time specified with the promotion.
  • cannot be returned or refunded, except in accordance with your legal rights;
  • should be treated as cash, Kabaika will not accept liability if a promotional code is lost or stolen. or damaged.
  • Exclusions apply. A
  • Free Delivery Promotional Codes. Will only apply to European  orders.

Liability

You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice including where damage is caused by your lack of maintenance of the products in accordance with the instructions. You are responsible for maintaining the products over time and for ensuring that they continue to be safe to use. Except as set out below, we shall not be liable for any indirect or consequential losses or damages that arise out of a product fault not caused by us.

Please note that we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our reasonable control that directly or indirectly delays or prevents our timely performance under the Contract. Any agreed dates or times shall be postponed automatically for the period of delay arising from the event.

Nothing in the Terms and Conditions excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;

 

If you are a consumer:

a)   if we fail to comply with the Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence;

b)   we only supply the products to you for domestic, non-commercial and private use only. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;

c)   we do not in any way exclude or limit our liability for any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

d)   we exclude all liability that we have not expressly accepted in the Terms and Conditions, including liability for indirect or consequential loss or damage.

 

Other important terms

We may transfer our rights and obligations under a Contract to another organization. We will notify you in writing or on the website if this happens, but this will not affect your rights or our obligations under the Terms and Conditions.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a product as a gift, you may transfer the benefit of the product warranty to the recipient of the gift without needing to ask our consent. Your rights under our warranties are not transferable to any subsequent purchaser of the Products.

This contract is between you and us. No other person shall have any rights to enforce any of its terms,. However, if you are a consumer, the recipient of your gift of a product will have the benefit of our product warranty but we and you will not need their consent to cancel or make any changes to the Terms and Conditions.

Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under the Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If you are a consumer, please note that the Terms and Conditions are governed by English law. This means a Contract for the purchase of products through the website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

 

 

Thank you for choosing to buy from Kabaika. We are confident that you will be happy with the Products you have ordered and our services, but if you have any concerns please contact us by emailing sklad@mamaja.cz and if you have a complaint, please see our complaints handling policy.

Thank you for visiting our website.