1. Definitions
1.1 “Agent” means the Seller’s delivery partner or agent.
1.2 "Business Day” means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
1.3 "Buyer" means the person who buys or agrees to buy the Products from the Seller.
1.4 “Calendar Day” means each day shown in the calendar.
1.5 "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.6 "Delivery date" means the date specified by the Seller when the Products are to be delivered.
1.7 “Party” means the Buyer or the Seller.
1.8 "Price" means the price for the Products including packing and VAT but excluding any additional delivery charge as applicable.
1.9 "Products" means the goods specified in the Buyer’s order confirmation.
1.10 "Seller" means SHIMU LTD T/A KAYU HOME, of Unit 37, Albion Mills, Albion Road, Greengates, Bradford, West Yorkshire, BD10 9TQ.
2. Conditions applicable
2.1 These Conditions apply to in-person sales, online orders and telephone orders.
2.2 Nothing in these Conditions shall affect the Buyer’s statutory rights as a consumer.
2.3 The Seller shall sell and the Buyer shall purchase the Products in accordance with any written or verbal order of the Buyer which is accepted by the Seller either in writing or via its website, including but not limited to orders placed via the Seller’s website, subject in any case to these Conditions, which shall govern the contract to the exclusion of any other terms subject to which any such order is made, or purported to be made by the Buyer.
2.4 The contract will be formed when the Seller contacts the Buyer to confirm they have received the order and accepted payment from the Buyer. Confirmation will be sent to the Buyer’s email address.
2.5 Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction. If the Buyer is unhappy with these corrections, they can cancel the order.
2.6 If any provision of these Conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of those provisions in question shall not be affected.
3. Seller's Obligations
3.1 The Seller has the following obligations under consumer law to ensure that:
3.1.1 the Products will be of satisfactory quality;
3.1.2 the Products will be fit for purpose;
3.1.3 the Products will be as described in the order;
3.1.4 pre-contract information will be provided to the Buyer before a sale is concluded; and
3.1.5 the Seller has the right to transfer ownership of the Products to the Buyer.
3.2 If the Buyer is unsatisfied with the Seller’s obligations above, the Buyer can make a complaint by contacting info@shimu.co.uk.
4. The Products
4.1 The Buyer accepts that, as each item available from the Seller is hand finished, there will be variations in colour and texture within each piece.
4.2 Although reclaimed aged wood is used in the manufacture of the Products in order to minimise cracking, the Buyer accepts that some cracking or splitting over time is inherent to the nature of the traditional materials used and does not constitute a defect in the product of any kind.
4.3 Photographs shown on the Seller’s website and catalogue are for illustrative purposes only and may not exactly match the product itself. However, the Products will conform with the Seller’s obligation under clause 3.1.3. While every effort is made to ensure the accuracy of colour reproduction, colour may vary according to the settings of the Buyer’s monitor, software or printer.
4.4 All measurements shown on the Seller’s website and catalogue are approximate.
5. Payment and Deposit
5.1 The Price and the applicable delivery charge shall be that as stipulated on the Seller’s website or published catalogue current at the date of order of the Products or as stated in the Seller’s acceptance of the order.
5.2 Where products are held in stock by the Seller at the time the Buyer places an order, payment of the Price and the applicable delivery charge shall be due at the date of the order. Where products, including any bespoke or personalised items, are not held in stock by the Seller at the time the Buyer places an order, payment of a deposit of 50% of the Price and the applicable delivery charge shall be due at the date of the order. The remaining 50% of the Price and the applicable delivery charge shall be due when the Seller notifies the Buyer that the products are ready for delivery. If the Buyer fails to make payment as required the Seller may suspend delivery of the Products or any further Products ordered until payment is made in full.
6. Cancellation & Returns
6.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Buyer has the right to cancel an order and receive a full refund for any item or service, with the exception of bespoke or personalised items.
6.2 The Seller operates the following returns policy for non-bespoke products:
6.2.1 if the Buyer wishes to cancel an order they may, up to fourteen (14) Calendar Days from delivery of all items in an order, contact the Seller by sending a letter to SHIMU LTD T/A KAYU HOME of Unit 37, Albion Mills, Albion Road, Greengates, Bradford, West Yorkshire, BD10 9TQ or e-mail to info@kayuhome.co.uk giving notice of cancellation.
6.3 The Product can be returned in the following ways:
6.3.1 the Buyer can return the Product to SHIMU LTD T/A KAYU HOME of Unit 37, Albion Mills, Albion Road, Greengates, Bradford, West Yorkshire, BD10 9TQ; or
6.3.2 the Buyer can send the Product by delivery to the Seller; or
6.3.3 the Seller may offer to collect the Product within seven (7) Calendar Days. If the Buyer chooses this option, the Product must be available for collection within seven (7) Calendar Days. The Seller or its Agent will agree a collection date with the Buyer once the Seller has been notified of the cancellation.
6.4 Following cancellation under 6.2.1, the Buyer must return all the items to the Seller at the Buyer’s cost. The Seller is usually able to offer a collection service for a charge to the Buyer.
6.5 Subject to the following exceptions below, any money which the Buyer has paid for the Products will be refunded to the Buyer within fourteen (14) Calendar Days from the Seller receiving the Products for the return options under 6.3.1 or 6.3.2 OR fourteen (14) Calendar Days from when the Buyer gives notice of cancellation under 6.2.1 for the collection option under 6.3.3:
6.5.1 less any non-standard delivery charge, for example same day or express delivery charges; and
6.5.2 less any amount by which the value of the Products has diminished due to the Buyer handling it which results in wear and tear of the Products.
6.6 The Seller must receive the Products in the same condition they were in at the time of delivery to the Buyer and in their original or other suitable packaging. The Seller will accept ‘original’ packaging to mean in the Products’ original packaging in its ordinary meaning or in a condition where the packaging has been removed for inspection of the Products and repackaged for return
6.7 The Buyer must return the Products within fourteen (14) Calendar Days from notifying the Seller of the cancellation.
7. Delivery
7.1 Delivery of the Products shall be made by the Seller or its agent notifying the Buyer that the Products are available for collection at the Seller’s premises or for delivery to such place as the Buyer may specify at the time the order is placed.
7.2 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. All Products, excluding some non-stock items or bespoke items, will be delivered within thirty (30) Calendar Days.
7.3 For non-stock items or bespoke items, these products take longer to produce and the Seller operates the following delivery policy:
7.3.1 an estimated delivery period will be provided to the Buyer when the Seller receives the order and receives a deposit of 50% of the Price for non-stock or bespoke items from the Buyer; and
7.3.2 when the Seller or its Agent has an estimated date for delivery, the Seller or its Agent will notify the Buyer and will agree a date for delivery with the Buyer. The Seller or its Agent will send a confirmation email or SMS text message with the agreed date to the Buyer.
7.4 In any event time of delivery shall not be of the essence.
7.5 The Seller shall not be liable for any delay in delivery howsoever caused. Buyers will be notified of any delays in delivery.
7.6 In the case of goods purchased by credit card, those goods can only be shipped to the credit card holder’s address and must be signed for on delivery.
7.7 The Buyer shall have full responsibility for ensuring that there is suitable delivery access for all Products that are ordered. The Seller accepts no responsibility for failure to deliver any item due to restricted access.
7.8 The Seller and its delivery agents are only insured to deliver goods to a ground level location. If the Buyer would like the Seller or its delivery agents to deliver the Products to somewhere other than a ground level location, this will be at the Buyer’s risk. The Seller shall be deemed to have fulfilled its delivery obligations once it has delivered the Products to a suitable ground level location within the place of delivery.
7.9 All delivery charges quoted on the Seller’s website are applicable to the majority of mainland UK addresses only. An additional charge for delivery to more remote parts of the mainland (such as to northern Scotland and Cornwall) and to offshore and overseas addresses may apply. The Seller will inform the Buyer of any additional charge for delivery to these areas before processing any payment.
7.10 Generally, where an order contains more than one item all items will be delivered at the same time once all items are available.
8. Title and risk
8.1 Risk or damage to or loss of the Products shall pass to the Buyer upon delivery or collection.
8.2 All Products will remain the property of the Seller until paid for in full by the Buyer.
9. General
9.1 Neither Party shall assign or transfer any of its rights or obligation under these Conditions.
9.2 The Seller will comply with its obligations under all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426).
9.3 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to strikes, riots, epidemics, pandemics, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises, manufacturing plant or its agent’s premises, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
9.4 The Parties agree that nothing in these Conditions shall be construed as conferring any benefit on a third party and accordingly the Contract (Rights of Third Parties) Act 1999 is hereby expressly excluded from applying to these Conditions.
9.5 No addition to, or modification of, any provision of these Conditions will be binding unless made in writing and signed by the Parties.
9.6 This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising shall be determined exclusively by the Courts of England and Wales.
