Terms and Conditions

Click to read our Terms & Conditions of Sale

TERMS AND CONDITIONS OF SALE

Important legal notice

This page (together with the documents referred to on it) sets out the terms and conditions (“conditions”) upon which we supply any of the goods (“goods”) listed on the kalven.co.uk web site to consumers. Please read these conditions carefully before ordering any goods from the Kalven website.
In ordering any goods from the website; by email; over the telephone; or at exhibitions and cat shows, "you" as the consumer purchasing goods agree to be bound by these conditions. When ordering online, at the checkout, please tick the box by the link to these conditions if you accept them. Please understand that if you refuse to accept the conditions, you will not be able to order any goods from the website.
You should print or retain a copy of these conditions for future reference.

1. INFORMATION ABOUT US

www.kalven.co.uk ("website") is a site operated by Kalven Design, a small family business with sole trader status. The administration address is 5, High House Avenue, Bradford, BD2 4ER. We are not currently VAT registered.

2. SERVICE AVAILABILITY

Our site is only intended for use by people resident within the United Kingdom ("serviced countries"). We do not accept online orders from individuals outside the United Kingdom. At our discretion, we may accept orders from individuals resident in other counties - please contact us for advice.

3. YOUR STATUS

By placing an order through our website, you warrant that:

3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old; and
3.3 you are not impersonating any person or misrepresenting your identity; and
3.4 you are resident in one of our Serviced Countries; and
3.5 you are accessing our site from that serviced country; and
3.6 you are purchasing the goods as a consumer. (If you wish to purchase any goods for business purposes then you should contact us prior to ordering)
3.7 You may place orders online at any time; order processing normally takes place during week day working hours (Tuesday to Friday excluding UK public holidays and company shutdowns).

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 The contract for the sale of the goods by us to you ("contract") will only be formed in accordance with this condition. These conditions apply to the sale by us to you of all and any goods purchased through the website; by email; over the telephone; or at exhibitions and cat shows; and govern each contract to the exclusion of any other terms and conditions introduced or submitted by you.

4.2 How to use the Online Store. The Kalven Website comprises various categories for quick navigation. Select the appropriate category by clicking on the menu situated at the top, then click on any product image within the category to see a larger image, full description, price and size/colour/covering options. Then select the colour, size and quantity of the goods you require.
ADD TO ORDER: clicking on this button allows you to begin the purchasing process. The goods will then be placed into your shopping basket.
VIEW ORDER: allows you to check or amend the contents of your shopping basket.
CHECKOUT: the first process of this section is to register your details with us. You only need to do this once as your details are held in our customer database in accordance with our Privacy Policy. Any subsequent purchases will only require your username (or e-mail address) and password to be entered. You will be requested to enter the delivery details for your order unless they are the same as the billing address.
CHECKOUT: The checkout screen will confirm the items in your basket ready to be purchased. You will be invited to review and accept the conditions by ticking the box alongside the link to our conditions in order to proceed to place an order. Once complete click on PLACE ORDER to confirm your order.

4.3 After placing an order through the website, you will receive an e-mail from us acknowledging that we have received your order and listing a description of the goods, the price of the goods, and your unique order number for reference. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to supply the goods. All orders (whether through the website; by email; over the telephone; or at exhibitions and cat shows) are subject to acceptance by us. We will confirm such acceptance to you by sending you a further email that confirms that the order has been accepted, and will include the price of any additional delivery costs for customers outside England and Wales. The contract will only be formed when we send you an order accepted email.

4.4 Any descriptions or illustrations of the goods do not form part of the contract and any typographical error or omission in any sales literature, quotation, price list, e-mail confirmation, invoice or other document or information issued by us are subject to correction without any liability on our part.

4.5 Any advice or recommendation given by us to you as to the storage, application or use of the goods which is not confirmed in writing by us is provided in good faith and should be followed or acted upon entirely at your own risk.

4.6 You will take responsibility for retaining a copy of any e-mail confirmation received in accordance with condition above.

5. STOCK AVAILABILITY

5.1 Most products are made to order and are customised to meet your requirements. Depending on the number of current orders, the lead time from order placement to delivery can range from two to ten weeks. The acceptance email will indicate the likely time required to make your products. The lead time quoted is only a guide and may change due to many different factors. The lead time is not contractual unless agreed explicitly by ourselves.

5.2 Whilst every effort is taken to ensure all IN STOCK items are in supply, occasionally some items may be temporarily or permanently unavailable. IN STOCK orders can only be accepted subject to availability of the goods in question. In the unlikely event of an IN STOCK item being unavailable at the time of ordering we will advise you immediately by email or telephone.

6. COLOURS AND SIZES

6.1 Whilst every reasonable care has been taken in producing the Kalven website, we cannot guarantee that the colour reproduction is an exact match with the goods sent to you. Different displays and screen settings mean that slight variations may occur.

6.2 Whilst we endeavour to be as accurate as possible, all products are handmade and sizes shown are approximate.

7. PRICE AND PAYMENT

7.1 No payment or deposit is required when you place your order. Full payment however must be made prior to despatch. Once your product is made and ready for despatch, we will contact you for payment by telephone. To safeguard the security of your information, no payment or card details are captured or stored on any of our servers or website. Worldpay will carry out the necessary payment verification processes. If we are unable to supply any goods for any reason, we will inform you as soon as possible and we will provide you with a refund for these goods within 14 days.

7.2 The product price to be paid by you is the price displayed on the website at the time when your order is received by us except in cases of obvious error.

7.3 If we discover an error in the price of the goods ordered by you, we will notify you as soon as possible providing you with the option of either reconfirming the order at the correct price or cancelling the order. If we are unable to contact you for the purposes of this condition 7.3, the order will be deemed cancelled.

7.4 We are under no obligation to provide goods to you at an incorrect (lower) price, even after we have issued a Order Accepted Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

7.5 We accept multiple payment methods. Only if your payment has been authorised will your payment account be debited. If your payment is not authorised, you may be given the opportunity to try again or use a different payment method. No payment will be deemed to have been received until we have received cleared funds. Payment must be received and cleared before we despatch your order.

7.6 We cannot accept payments by Cheque, PayPal, or American Express.

7.7 The prices for the goods are inclusive of any value added tax, for those customers where tax is applicable. Prices do not include delivery charges unless expressly stated otherwise.

7.8 Kalven Design reserves the right to apply market specific pricing lists across our range of products. Products may be priced in any currency that we deem fit.

8. PACKAGING

We will use reasonable endeavours to ensure the goods are appropriately packaged prior to despatch but the packaging of the goods is at our discretion and we have the right to pack all the goods in such manner, and in such quantities as we think fit and we are not obliged to comply with any packaging requests or instructions from you.

9. DELIVERY

9.1 Unless otherwise agreed, we will deliver the goods to the delivery address provided to us by you at the time of order. If it is more convenient for you to have goods delivered to a workplace or any other suitable location, please give us this information when you will complete order delivery details.

9.2 Delivery Charges. Product prices include delivery charges to addresses in England and Wales. Deliveries to Scotland, Highlands and Islands are subject to a delivery surcharge which is normally shown on the Order Acceptance email. Please visit our Delivery Zones page to view the charges that are relevant. The prices shown for replacement parts are exclusive of delivery. The cost of delivery will be advised when we contact you for payment.

9.3 UK Delivery Times We will use reasonable endeavours to deliver the goods within 4 working days of your payment. Although we pay for next day delivery for addresses in England and Wales, some consignments may take a day or two longer. Deliveries to Scotland, Highlands and Islands will generally take longer. PLEASE NOTE this is following despatch and not from the day of payment. In any event, if we cannot fulfil your order within 14 days of your payment we will notify you of this situation and you will be entitled to a refund if you do not wish to wait any longer for the goods.

9.4 International Delivery Times For international orders, transit time will vary accordingly to destination; generally delivery should be made within 5 days of despatch, although customers should allow up to 14 working days for goods to arrive after despatch from Kalven Design. Kalven Design ask international customers to note that we cannot be held responsible for delays in transit caused by customs and import procedures.

9.5 Any delivery dates given by Kalven Design are estimates only. Time of delivery is not of the essence of the contract.

9.6 Subject to the other provisions of these conditions, we will not be liable to you for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by our negligence), nor will any delay entitle you to terminate or rescind the contract unless such delay exceeds 90 days.

9.7 If for any reason you fail to accept delivery of any of the goods when they are ready for delivery, or we are unable to deliver the goods on time because you have not provided appropriate instructions, documents, licences or authorisations:

risk in the goods will pass to you (including for loss or damage caused by our negligence);
the goods will be deemed to have been delivered; and
we may store the goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

9.8 We may deliver the goods to you by separate instalments. Each instalment is a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to cancel any other contract or instalment.

9.9 It is your responsibility to check the goods for any damage and that they are what you ordered upon receipt and you must inform us of such damage within 14 days of delivery. If you fail to inform us of any such damage, you are deemed to have accepted the goods.

10. RISK/TITLE

10.1 The goods will be at your risk from the time of delivery (or deemed delivery).

10.2 Ownership of the goods will pass to you when we have received payment for the goods from you in full and the goods have been delivered to you.

11. CONSUMER RIGHTS

11.1 If you are an EU based consumer you are legally entitled to cancel the contract at any time within seven working days beginning on the day after you receive the goods under the distance selling regulations. In the event that the contract is cancelled in this way within the cooling-off period you will receive a full refund of the price paid for the goods in accordance with our returns and refund policy set out in condition 13.

11.2 In order to exercise your right of cancellation you must provide us with written notice by email or in writing at our contact address of your cancellation within the cooling-off period. The goods must then be returned to us in accordance with condition 13.2. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to do so, we may have a right of action against you for compensation.

11.3 You shall not have any right to cancel a contract for the supply of any goods which are personalised or made for your specification in any way.

11.4 You will be entitled to reject any goods within six months of delivery if it becomes apparent during this time that the goods did not conform with their description in the contract when they were delivered to you. Unless we are able to demonstrate that the goods did conform to their description at the time of delivery, we will offer to repair or replace the goods, or reduce or refund the price of the goods in accordance with condition 12.

11.5 Details of how to return goods to Kalven Design will be contained in the parcel of your goods.

12. LIABILITY

12.1 If the goods we deliver are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email or in writing at our contact address of the problem within 14 days of the delivery of the goods in question.

12.2 If you do not receive goods ordered by you within 30 days of the date on which you paid for them, you must notify us by email or in writing at our contact address of the problem within 40 days of the date on which you paid for the goods.

12.3 If you notify a problem to us under this condition, our only obligation will be, at your option:

to make good any accepted shortage or non-delivery;
to replace or repair any goods that are damaged or defective; or
to refund to you the amount paid by you for the goods in question in whatever way we choose.

12.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under condition 13.3 above.

12.5 Nothing in these conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or fraud.

13. RETURNS AND REFUND POLICY

13.1 Standard Returns. Policy All shoppers based within the EU may return unwanted item(s) by exercising their rights under the Distance Selling Regulations (DSR) as detailed below. We also offer a standard returns policy which covers returns or exchange of any unwanted item(s). You should return your unwanted item(s) within 14 days of receiving them. When your delivery is signed for, the time and date of delivery is logged on our carriers system. Returns outside of this timeframe may be accepted at the discretion of Kalven Design and may only be refunded as a credit against a future purchase. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to do so, we may have a right of action against you for compensation. You shall not have any right to cancel a contract for the supply of any goods which are personalised or made for your specification in any way.

13.2 Item Condition. Items should be returned in an unused, re-sellable condition, and packaged in the same way as despatched. Returns that are damaged, soiled, altered, or used by animals may not be accepted and may be sent back to the customer.

13.3 Receiving A Refund. Your refund can only be credited to the original payment card and method. For orders cancelled under the DSRs, the refunded amount will include shipping costs. Shipping costs will not be refunded for any items returned under our standard returns policy. If you are based outside the EU, any customs duties or sales taxes will not be refunded by Kalven Design, however we recommend that you contact your local customs office. If you are based inside the EU, any sales taxes will be refunded by Kalven Design. Please allow up to 10 business days for any refund to your original payment card or account.

13.4 Faulty Goods. Kalven Design will deem goods to be faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Any items that are damaged as a result of wear and tear are not considered to be faulty. Where appropriate we will offer to repair any faulty items. If you would like to exchange your item, please be aware that we can only replace it for the same product in the same colour, subject to availability. If we cannot fulfil this replacement, you will receive a full refund for the item or a suitable replacement.

13.5 Returning Gifts. Kalven Design offers a relaxed returns window during the month of November and December. Any item(s) purchased during the month of November and December for the purpose of a gift must be returned for a full refund or exchanged by the following 31st January.

13.6 Cancelling Your Order Under The Distance Selling Regulations. If you are based in the EU you have the right to cancel your order with Kalven Design under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs). You will need to provide written notice within seven working days of receipt of the goods. You must notify Kalven Design in writing of your wish to cancel the contract for your order by either email or write to us at: Kalven Design, 5 High House Avenue, Bradford, West Yorkshire, BD2 4ER, United Kingdom.

You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to do so, we may have a right of action against you for compensation.

On receipt of your notice of contract cancellation, we will email you to issue you with instructions on how to return your item(s) to Kalven Design. Any returns should be sent to: Kalven: The Cat Scratcher Specialist, Unit 5, Burlington Mill, Dalton Lane, Keighley, BD21 4HT, West Yorkshire, United Kingdom.

Kalven Design recommend that you retain proof of sending, in case of a dispute. All items must be returned unused, and in their original condition. You will receive a full refund for the value of your order, including shipping costs, within 30 days of receiving your notice of contract cancellation. If we do not receive the cancelled order, we will arrange to have it collected from you at your cost.

13.7 We will refund any money received from you using the same method originally used by you to pay for the goods. Credits for returned goods can only be processed back to the original account used for payment.

14. IMPORT DUTY

14.1 If you order goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we do not have control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.

15. COMPLAINTS POLICY

15.1 We are committed to providing a quality service to you and value your views, opinions and feedback on any goods which have been supplied to you or the service which we have provided to you. If we have not performed any of our duties to a satisfactory standard please contact us and we shall endeavour to put right any problems.

15.2 If the complaint relates to the quality or specification of goods please refer to our refund policy. For any other complaints, queries or to provide us with feedback, please contact us by email or via the website. We shall endeavour to contact you within 7 working days of receiving your email and shall work closely with you in trying to resolve any problems fairly and quickly and to ensure that both our goods and the services which we have provided to you are to your satisfaction.

16. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that you provide to us electronically comply with any legal requirement that such communications be in writing. The provisions set out in this condition do not affect your statutory rights.

17. NOTICES

All notices given by you to us must be sent either via the website contact page, by e-mail, or by post at the address set out in condition 20. We may give notice to you at either the e-mail address or postal address you provide to us when placing an order, or in any of the ways specified in condition 16 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or three days after that date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

18.2 You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those polices or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Acceptance Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods).

19. GENERAL

19.1 We may assign the contract or any part of it to any person, firm or company. You may not be entitled to assign the contract or any part of it without our prior written consent.

19.2 We may defer the date of delivery or cancel the contract or reduce the volume of the goods ordered by you (without liability) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

19.3 If any provision of the contract or these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable (including any provision in which we exclude our liability to you) it will to that extent be severed and the remaining provisions of the contract or these conditions and the remainder of such provision shall continue in full force and effect.

19.4 Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract.

19.5 Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.

19.6 No term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

19.7 These conditions, together with our current website prices, delivery details, contract details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

19.8 The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and any disputes shall be resolved exclusively in the English Courts.

20. CONTACT DETAILS

Should you wish to contact us regarding your purchase of goods or these terms and conditions, please contact us via the website contact page, by email, or post at Kalven Design, 5 High House Avenue, Bradford, BD2 4ER, United Kingdom. Alternatively, you can telephone us on 01535 517330 (international number +44 1535 517330) – English speaking support only.