Terms and Conditions

1. INTRODUCTION

1.1.

This Website is owned and operated by Kamikaze Angel Limited. Registered office and contact details are at Conditions 6.6 to 6.8 below.

All e-commerce activities of Kamikaze Angel Limited and its subsidiaries are conducted by Kamikaze Angel Limited. Any contract You enter into through the Website will be with Kamikaze Angel Limited. Responsibility for liability, however arising, in relation to this Website, rests solely and exclusively with Kamikaze Angel Limited. 

These Conditions apply to any access to, and use of, this Website. These Conditions will apply to any contract for the sale of Products to You. Please read the Conditions before placing an order to ensure that You understand them. You will be asked to agree to these Conditions before placing an order. If you do not agree to these Conditions You will not be able to place an order for Products on this Website.

Please note that we may amend these Conditions from time to time. Every time You wish to place an order, please check the Conditions to ensure you understand the Conditions as they apply at that time.

These Conditions and any contract following an order for Products are in the English language only.

1.2.

If You have any questions relating to these Conditions, please contact us.

2. DEFINITIONS

"Conditions" means these terms and conditions;

"Content" means all content available on the Website. This includes text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation of any of these;

"Dispatch Note" means the document enclosed with Your order that lists all of the Products that We have sent to You;

"Eire" means the Republic of Ireland;

"Force Majeure" means any act of god, war, riot, civil disturbance, labour disturbance, terrorism, fire, storm or flood; act, restriction, regulation, by-law, prohibition or measure of any kind on the part of any governmental, parliamentary or local authority; import or export regulation or embargo; strike, industrial dispute, or lockout; explosion, power outage, breakdown or unavailability of plant, property, and/or machinery; or any other cause beyond Our reasonable control;

“Goods” means any Products which are the subject of a purchase contract under these Conditions;

"Kamikaze Angel/We/Us/Our/Ourselves" means Kamikaze Angel Limited;

"Mainland UK" means England, Scotland and Wales mainland and does not include United Kingdom Offshore;

"Order Acceptance Policy" means the terms governing the acknowledgement and acceptance of Your order;

"Personal Information" means the details provided by You;

"Purchaser" means an individual who enters into a contract to purchase goods or services from Us;

"Product" means a product displayed for sale on the Website;

"Product Description" means that part of the Website where certain information in respect of the individual Product is provided;

"Recipient(s)" means the person or persons to whom the Purchaser stipulates the goods should be shipped;

"Returns Note" means the document that You should complete and return with any Products that You return to Us;

"Trade Marks" means the trade marks, logos, and service marks displayed on the Website;

"United Kingdom" means England, Northern Ireland, Scotland and Wales mainland and does not include United Kingdom Offshore;

"United Kingdom Offshore" means areas including the Channel Islands, the Isle of Man, the Scottish Islands and the Isle of Wight;

"Website" means www.kamikazeangel.com;

"You/Your/Yours/Yourself" means You, a user of the Website.

3. USE OF WEBSITE

3.1. Access

3.1.1. You are provided with access to the Website in accordance with these Conditions and any orders placed by You shall be placed strictly in accordance with these Conditions.

3.2. Registration

3.2.1. You warrant that the Personal Information that You provide when You register as a customer is true, accurate, current and complete in all respects and in particular You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.

3.2.2. You agree to notify us immediately of any changes to Your Personal Information.

3.2.3. We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence on Our part of negligence or failing to comply with data protection legislation, We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide.

3.3. Our rights

3.3.1. We reserve the right to:

(a) Modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or

(b) Change the Conditions from time to time, and Your continued use of the Website (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.

3.4. Privacy

3.4.1. We respect Your concerns about privacy. We therefore encourage You to refer to the Privacy Policy of the Website on an ongoing basis to stay abreast of our most current Privacy Policy practices.

 

4. ONLINE ORDERS

4.1. Order Acceptance

4.1.1. All orders are subject to acceptance in accordance with Our Order Acceptance Policy.

If You have provided Us with a valid email address, then after You have ordered We will send You an order acknowledgement email detailing the Products You have ordered. This does not mean that Your order has been accepted. Our acceptance of Your order will take place upon dispatch of the Product(s) ordered. On dispatch of Your order we will send You a dispatch confirmation email, at which point the contract between Us and You will be formed.

We may be unable to supply You with a Product and not accept an order because:

  • The Product You ordered is unavailable;
  • We are unable to obtain authorisation for payment or there is a problem receiving Your payment;
  • We have identified a pricing or Product description error;
  • You fail to meet the eligibility to order criteria as set out in the Conditions.

If there are any problems with Your order, You will be contacted by Our Customer Services Team as soon as possible.

We reserve the right to reject any offer to purchase by You at any time.

If you have already paid for the Products we will refund you the full amount including any delivery costs charged as soon as possible.

4.1.2. All Products shown on the Website are subject to availability.

4.2. Order cancellation, amendment and returns

4.2.1. If You order from Us You have the right to cancel Your order at any point up to the end of fourteen calendar days after the day on which You receive the Goods. We cannot accept cancellations after this period. To cancel, you just need to let us know that you have decided to do so. Alternatively You may use a copy of the cancellation form which is in the Schedule to these Conditions.

You can also e-mail Us at INFO@KAMIKAZEANGEL.COM

Kamikaze Angel Limited
232 Old Brompton Road
Earls Court
LONDON
SW5 0DE

If you are e-mailing Us or writing to Us please include details of Your order to help Us to identify it. If You send Us Your cancellation notice by e-mail or by post, then Your cancellation is effective from the date You send Us the e-mail or post the letter to Us.

Please note that orders are normally processed swiftly, so it is in both our interests if You can get in touch with Us promptly, otherwise We may have already packaged Your order and made arrangements for it to be sent to You. In these circumstances, We may not be able to prevent the delivery of Your order.

Please see our Returns Policy for further details on cancellation and returns.

4.2.2. If You cancel Your contract We will:

(a) where the Goods have not yet been dispatched, seek to prevent dispatch if possible (in which event Your purchasing card will not be charged); or

(b) refund You the price You paid for the Goods. Please note We are permitted by law to reduce Your refund to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns Page. If We refund You the price paid before We are able to inspect the Goods and later discover You have handled them in an unacceptable way, You must pay Us an appropriate amount;

(c) refund any delivery costs You have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method We offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 2-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(d) make any refunds due to You as soon as possible and in any event within the deadlines indicated below:

(i) if You have received the Goods and we have not offered to collect them from You: 14 days after the day on which We receive the Goods back from You or, if earlier, the day on which You provide Us with evidence that You have sent the Goods back to Us. For information about how to return Goods to Us, see clause 4.2.5;

(ii) if You have not received the Goods or You have received them and We have offered to collect them from You: 14 days after You inform Us of Your decision to cancel the contract.

4.2.3 If You have returned the Goods to us under this clause 4 because they are faulty or mis-described, we will either refund the price of the Goods in full together with any applicable delivery charges or alternatively provide replacement Goods, and in each case reimburse You any reasonable costs You incur in returning the faulty or mis-described item to Us.

4.2.4 We will refund You on the credit card or debit card used by You to pay.

4.2.5 If Goods have been delivered to You before You decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us in-store or have a prearranged collection by our authorised carrier. Please see our Returns Page for our returns address and how to arrange a return. If our customer services have offered to collect the Goods from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;

(b) unless the Goods are faulty or not as described (see clause 4.3.3), You will be responsible for the cost of returning the Goods to Us. If the Goods cannot be returned by post, We estimate that if You use the carrier which delivered the Goods to You, these costs should not exceed the sums We charged You for delivery. If We have offered to collect the Goods from You, We will charge You the direct cost to Us of collection.

4.2.6 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with the contract. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 4 or anything else in these Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

4.2.7 If you live in the EU, you have the right to cancel your order, within 14 days of receiving the goods, under Consumer Contract Regulations 2013 (CCRs), which govern all internet and mail-order shopping.

4.3. Prices and Payment

4.3.1. The prices of the Products will be as quoted on the Website at the time You submit Your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.

4.3.2 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges Page.

4.3.3 Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Products You have ordered we will contact You to 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.

4.3.4 With regard to any contract for the purchase of Products from the Website, all prices and delivery charges are inclusive of VAT (where applicable) at the current rates, and are correct at the time of entering Your order onto Our system. The total cost of Your order is the price of the Products ordered plus delivery charges, as set out in the Delivery section of the Website.

4.3.5. You confirm that the credit or debit card used for the purchase of the Goods is Yours. All credit and debit cards are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to or does not, for any reason, authorise payment to Us, We will not be liable for any delay or non-delivery.

4.4. Refusal of transaction

4.4.1. With regard to any contract for the purchase of Products from the Website, We reserve the right to withdraw any Products from the Website at any time and/or remove or edit any materials or content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at Our sole discretion. We will notify You if We do not accept Your order. We will not be liable to You or any third party by reason of:

  • Our withdrawing any Product from the Website, whether or not that Product has been ordered;
  • Removing or editing any materials or content on the Website;
  • Refusing to process a transaction after processing has begun.

4.5. Eligibility to order

4.5.1. To be eligible to purchase Products on this Website and lawfully enter into and form a contract with Us under English law, You must:

(a) When creating an order, provide Your real name, phone number, email address, payment details and other requested information;

(b) Stipulate a delivery address in the United Kingdom or United Kingdom Offshore or the Republic of Ireland. Please note that PO Box numbers, BFPO addresses, mail forwarding addresses and temporary-residence addresses are not acceptable;

(c) Possess a valid credit or debit card issued by a bank acceptable to Us;

4.5.2. By making an offer to buy a Product, You specifically authorise Us to transmit information (including any updated information) or to obtain information about You from third parties from time to time, including, but not limited to, Your debit or credit card number or credit reports, to authenticate Your identity, to validate Your debit or credit card, to obtain an initial debit or credit card authorisation and to authorise individual purchase transactions.

4.5.3. Certain Products can only be purchased if You satisfy the legal age requirement for the Products. This requirement will be stipulated with the Product details on the Website. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, you should not attempt to order these Products through the Website.

4.6. Delivery

4.6.1. Delivery options may vary by product and service. See our Delivery Options page for details.

4.7. Promotions and discounts

4.7.1. Promotions

Discounts are issued in the form of either '£ savings' or a 'percentage off' which are offered to customers via promotional emails, advertisements, on-site banners or third party communications.

There is no cash alternative and all applicable terms and conditions are non-negotiable. Unless otherwise stated, discounts are only applicable to full-price items (sale and clearance items are not included). We reserve the right to cancel or change any promotion/discount without notice, at any time.

4.7.2. Using promotional codes

If using a promotional code, the code provided should be entered in the 'Promotional Code' box at the checkout. Some promotions will be subject to a minimum spend threshold (please refer to the original source of the promotion). Wherever a minimum spend threshold applies, the minimum spend does not include shipping costs.

4.7.3. Returning an item purchased under a promotion

Items purchased using a promotional code are subject to our Returns Policy.

 

5. DISCLAIMERS

5.1.

We do not warrant (either expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. You agree that access to the Website is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.

5.2.

Images of the Products (and any associated packaging) on the Website are illustrative only. Whilst We have made every effort to display the Products featured on the Website as accurately as possible, the colours We use, and the display and colour capabilities of Your particular computer monitor, will greatly affect the colours You actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that Your monitor's display of any colour, texture, or detail of actual merchandise will be accurate.

5.3.

We endeavour to present the most recent, most accurate, and most reliable information on the Website at all times. However, We make no claims to its accuracy, either expressed or implied. There may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors or inaccuracies. Any errors are wholly unintentional and We apologise for any inconvenience that this might cause. We reserve the right to amend errors, make changes to the Website or to update Product information at any time without prior notice and without any liability on Our part.

5.4.

Certain (hypertext) links in the Website may lead to other websites that are not under Our control. When You activate any of these, You will leave the Website and We have no control over and will accept no responsibility or liability for the content, accuracy or any other aspects of any website that is not under Our control. The provision of a link is for Your information and convenience only and does not imply an endorsement of any kind by Us.

5.5.

While We take all reasonable care to ensure the integrity of the Website and the accuracy of the information contained in it, We cannot accept any liability to any person for any loss or damage of any kind, which may arise from the use of the Website or any of the materials or information contained in it, and You use the Website at Your own risk.

5.6.

We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information, including Product descriptions, appearing on the Website at a particular time may not always reflect the position exactly at the moment You place an order.

 

6. GENERAL

6.1. Intellectual Property

6.1.1. The content of the Website is the property of Harvey Nichols, Our affiliates, Our partners or Our licensors, and is protected by UK and international copyright laws.

6.1.2. The Trade Marks used on the Website are the registered and unregistered marks of Harvey Nichols, Our affiliates, Our licensors or Our partners, and are protected by UK and international trade mark laws. All other Trade Marks not owned by Us, Our affiliates, Our partners or Our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.

6.1.3. You acknowledge and agree that the material and content contained within the Website is made available for Your personal non-commercial use only. Any other use of the material and content of the Website is strictly prohibited.

6.1.4. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, or create derivative works of such material and content for commercial purposes.

6.1. Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

6.2. Severability

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

6.3. Third Party Rights

Any contract pursuant to these Conditions shall be between You and Us. No other person shall have the right to enforce any provision of any such contract under the Contracts (Rights Of Third Parties) Act 1999 or otherwise.

6.4. Waiver

If We waive any default by You (which We would only do in writing), this will not mean that We automatically waive of any preceding or succeeding default by You. If we fail to insist that You perform your obligations, or We delay in doing so, this does not mean We have waived our rights against You.

6.5. Law

The Conditions are governed by English law. Any contract for the purchase of Products through the Website and any dispute or claim arising out of the contract will also be governed by English law. We and You agree that the courts of England and Wales will have non-exclusive jurisdiction. If you are a resident of Northern Ireland You may bring proceedings in Northern Ireland. If you are a resident of Scotland you may bring proceedings in Scotland.

6.6. Registered Office

The registered office address of Kamikaze Angel Limited is:

232 Old Brompton Road
Earls Court
LONDON
SW5 0DE

6.7. Contact Us

Any queries or comments should be directed to:

Post: 
232 Old Brompton Road
Earls Court
LONDON
SW5 0DE

Email: info@kamikazeangel.com

6.8. The Retail Ombudsman

If we are unable to resolve a complaint that you make to us within eight weeks you can take your complaint to The Retail Ombudsman. This is an independent organisation, which specialises in providing Alternative Dispute Resolution services for consumers and retailers. As members of the organisation, we are bound by their code of practice and they can be contacted via:

Website: theretailombudsman.org.uk
Email: enquiries@theretailombudsman.org.uk 
Tel: 0203 137 8268