These pages contain information on the terms and conditions for purchases from Home Kandi. By using or accessing this website and/or placing any order(s), we and you agree to be legally bound by these terms and conditions.
All orders are subject to our full terms and conditions (below). Nothing in these conditions affects your statutory rights as a consumer.
Standard conditions of sale
- 1.1 “Buyer” means the person who buys or agrees to buy the Products from the Seller.
- 1.2 “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.
- 1.3 “Delivery date” means the date specified by the Seller when the Products are to be delivered.
- 1.4 “Products” means those goods/items specified.
- 1.5 “Price” means the price for the Products including carriage, packing and VAT.
- 1.6 “Seller” means Home Kandi.
- 1.7 “Consumer” shall bear the meaning ascribed in section 12 Unfair Contract Terms Act 1977.
2 Conditions applicable
- 2.1 Nothing in these conditions shall affect the buyer’s statutory rights as a consumer.
- 2.2 The Seller shall sell and the Buyer shall purchase the products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Seller’s electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
- 2.3 Any typographical, 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 without any liability on the part of the Seller.
- 2.4 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.
- 2.5 If the Seller does not have sufficient stock to be able to deliver the Products ordered by the Buyer then any sum paid by the Buyer will be refunded or re-credited to your account and the Seller will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.
3 The price and payment
- 3.1 Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s published price list current at the date of order of the Products. Any event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the Seller, the Buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the Seller within 7 days of delivery of the notice of price increase to the Buyer.
- 3.2 Payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price on notification of shipment the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. 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.
- 3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 2% above Barclays Bank Plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.
4 The Products
- 4.1 The quantity and description of the Products shall be set out in the Seller’s quotation.
- 4.2 The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
- 4.3 Photographs are for illustrative purpose only and may not exactly match the product itself.
5 Warranties and liability
- 5.1 All Products supplied by the Seller come with a manufacturer’s warranty of at least 3 months.
- 5.2 The Seller shall provide the Buyer with such information as is required to claim under the manufacturer’s warranties. In the event of a claim, the Buyer shall in the first instance contact the Seller’s customer service department.
- 5.3 The Seller does not provide any warranty cover against defects in his own right.
- 5.4 Except where the Buyer acts as a Consumer all other warranties, conditions and terms relating to fitness for purpose, satisfactory quality or conditions of the products whether implied by statute or common law or otherwise are excluded to the fullest extent of the law.
- 5.5 Insofar as is permitted by law, our only liability to you under these terms and conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any Products which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the Products in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering Products or any damage or defect in Products delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this Clause 5 affects your statutory rights as a consumer.
6 Delivery Returns and Cancellations
- 6.1 Delivery of the Products shall be made by the Seller or his agent notifying the Buyer that the Products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
- 6.2 The Seller shall use his reasonable endeavours to deliver the Products within the timescale quoted for each Product. Where an order contains more than one Product the Seller shall endeavour to deliver all Products together within the longest timescale quoted.
- 6.3 In any event time of delivery shall not be of the essence.
- 6.4 The Seller shall not be liable for any delay in delivery howsoever caused.
- 6.5 Delivery of Products shall be made to UK mainland addresses only and must be signed for. The address will be that registered with your payment card issuer, unless you request otherwise and we agree to such a request (at our sole discretion).
- 6.6 Our charges for delivery within the mainland UK (except postcodes KW, AB, IV, PA, PH and DD), vary between free delivery and £85 dependent on postcode location and order value (see Shipping and Returns Information). Occasionally we may offer specific items delivered free of charge to mainland UK. We will deliver to postcodes KW, AB, IV,PA, PH and DD for an additional charge as agreed prior to order.
- 6.7 We do not deliver on Sundays or Bank Holidays.
- 6.8 If the Buyer is dissatisfied with a purchase made online for any reason he may, within fourteen days of delivery, contact the Seller’s customer service department to notify them that they wish to return some or all Products from their order. The Buyer must either arrange to return the Products themselves to the Seller at their own cost or they may ask the Seller to arrange for collection of the Products, the direct cost of which will be deducted from the refund. Products must be returned to the Seller in the same condition they were in at the time of delivery and in their original packaging or similar. Products which are not adequately packaged at time of collection may not be collected and a charge up to £85 may be levied to cover the cost of failed collection. Refunds will be issued within 30 days of receipt of Products and after we have inspected them for damage. We reserve the right to withhold all or part of your refund if Products are returned damaged. Faulty Products are covered in paragraph 5.5
- 6.9 If the Buyer is dissatisfied with a purchase made in store, the Seller may offer an exchange or refund, subject to a cancellation charge, however this is discretionary, the Seller is not legally obliged to do so.
- 6.10 Due to the intimate nature of Beds, mattresses, pillows, mattress protectors, sofabeds etc, these Products are exempt from the statutory 14 day cooling off period under the Distance Selling Regulations when they have been unsealed. Therefore, for reasons of health and hygiene any bed, mattress or bedding that has been unsealed will be deemed to be used and cannot be returned for any reason other than a manufacturing fault.
- 6.11 Our usual refund policy does not apply to made-to-order Products. Where the Buyer has selected a fabric on a sofa bed, sofa, headboard or other similar Product or if a special size bed or mattress is ordered, this Product is classified as a made-to-order Product. If a made-to-order Product is cancelled within a few days of placing the order we may be able to offer a full refund however if the Product has gone to production this may not be possible. If this is the case it is unlikely that the Seller will be able to sell it at full selling price therefore a cancellation charge of 20% will be deducted from the refund. This does not affect your statutory rights.
7 Acceptance of the Products
- 7.1 Other than where the Buyer acts as a Consumer the Buyer shall be deemed to have accepted the Products 7 working days after delivery to the Buyer.
- 7.2 After acceptance the Buyer shall not be entitled to reject Products which are not in accordance with the contract.
8 Title and risk
- 8.1 Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
- 8.2 Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
- 8.3 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
9 Insolvency of Buyer
- 9.1 This clause applies if:
- 9.1.1 The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
- 9.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
- 9.1.3 The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
- 9.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
- 9.2 If the Clause applies, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary.
- 10.1 Neither party shall 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, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- 10.2 Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyer’s address as provided to the Seller.
- 11.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
- 11.2 Additional costs
- 11.1 The headings of the Clauses in these conditions are intended for reference only and will not affect the construction of these conditions.
- 11.2 Additional costs
12 Proper law of contract
- 12.1 This Contract shall be governed by the law of England and Wales and any dispute, question or remedy howsoever arising determined exclusively by the Courts of the Isle of Man.
Privacy Statement and Cookies Policy
Home Kandi is committed to protecting your privacy. All transactions are secure.. We will only use the information that we collect about you lawfully in accordance with the GDPR regulations. We collect information to process your order and to provide you with the best possible service. We do not store payment card details nor do we share customer details with any third parties.
We will never collect sensitive information about you without your explicit consent. The information we hold will relate to a purchase or query, be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
Home Kandi retains the right to investigate any order placed on its website that it suspects to be fraudulent. Any such order will not be delivered until it is proven that the order is genuine. Should Home Kandi be unable to prove that an order is genuine or to contact the Buyer then the monies will be refunded via the original payment method used to place the order and the order will be cancelled.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy, you should contact us on 01624 653982.
What type of information does Home Kandi collect and why?
When you visit our Site, we may automatically collect standard internet and website log information and details of patterns about how website visitors behave using Cookies. The information we may collect includes information about your Internet service provider, your operating system, browser type, domain name, the Internet protocol (IP) address of your computer (or other electronic Internet-enabled device), your access times, the website that referred you to us, the Web pages you request and the date and time of those requests. This may allow us to find out which parts of the Site are popular or need changing. See our Cookies Policy for more information.
When you make a purchase or contact us you will need to provide us with some additional personal information so that we can liaise with you and process your purchase, request or query. If you do choose to provide us with your personal information, we will collect that information for our own use only.
When you visit us in store we operate CCTV systems which record images for security to protect our customers, premises, assets and employees from crime. We do this on the basis of our legitimate business interests.
What type of personal information does Home Kandi collect?
Personal data is collected during the checkout process to fulfil the contract entered into with you. Where you provide personal details this may include:
Your full name and title Contact details – email address, your phone number, your billing and delivery address The reason for contact Details of the items you have ordered and the delivery status. Details of any additional information you have voluntarily provided, for example a question, comment or complaint. Copies of documents you provide to prove your disability where the law requires this. Your social media username if you have interacted with us via these platforms. Your mailing preferences if you have signed up to our mailing list. This information may be held electronically or via paperwork.
Note: Home Kandi does not collect payment card information – this is done via our merchant service provider who processes your payment and confirms to us that funds are available so we may continue to process your order – see third party and safeguarding.
How does Home Kandi use information about you?
Home Kandi uses this information to process your order placed either in store or via our website. If we don’t collect your personal data during checkout, we won’t be able to process your order and comply with our legal obligations.
Home Kandi may also use this information to respond to queries, refund requests and complaints. We may also keep a record of this to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in understanding how we can improve our service based on your experience.
We may use your personal data, preferences and details of your transactions to keep you informed by email or post about relevant products and services including tailored special offers, discounts, promotions, events and competitions, on the basis of our legitimate business interest. Of course, you are free to opt out of hearing from us at any time by contacting Data Control at Home Kandi.
How long does Home Kandi keep your personal information?
Home Kandi will keep your details on record until we have completely dealt with your order, enquiry or request and then for a period afterwards
Does Home Kandi share personal information with third parties?
We do not share your personal data with any third party other than those under contract to Home Kandi for relevant services such as payment processing or if there is a legal requirement for us to do so. This information is encrypted and is strictly on a minimum information bases.
What choices does Home Kandi offer you with regard to direct marketing?
We will only send you marketing correspondence if you have previously been a customer of ours or if you have expressed an interest in joining our mailing list. You may unsubscribe at any time.
What rights do you have to review and amend personal information?
You have the right to: be informed about our collection and use of your personal data; request details of the information we hold on you; to rectify this information and to erase this information once any outstanding purchase has been fulfilled.
Home Kandi may also use Google Analytics or another such browser analysis tool to collect cookies. Cookies are small amounts of information sent from a website and saved into your web browser. Cookies may be used to track the surfing habits of visitors to see how long is spent on each page and to analysis behaviour that may help us improve our website – this information is anonymous. This data is deleted after statistical analysis. You can control general cookie access using your own browser settings.
We keep this policy under regular review. We may change this policy from time to time by updating this page in order to reflect changes in the law and/or our privacy practices.