Terms and Conditions
Article 1. Definitions
The following definitions apply in these terms and conditions:
1.1 Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business.
1.2 Khaya is registered in: Utrecht, Chamber of Commerce 30234568.
1.3 Webshop: www.khayawoodware.com
1.4 Product(s) or goods: wooden tableware (made from khaya wood).
1.5 Delivery: Estimated date of delivery to consumer address.
Article 2: General
2.1 These general terms and conditions apply to all transactions made online with the webshop. Read them carefully before you place an order.
2.2 All purchase agreements are subject to and will be interpreted in accordance with Dutch Law, and all disputes between the parties (consumer and webshop) shall be exclusively settled by the Dutch courts. Nothing in these general conditions shall be deemed to affect your statutory rights.
2.3 We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our webshop. It is your responsibility to check this page periodically for changes. Your continued use of or access to the webshop following the posting of any changes constitutes acceptance of those changes.
Article 3. Order / acceptance
3.1 By ordering products via our webshop and accepting the ‘I agree to the terms and conditions’ field on the website, the purchase agreement will be confirmed.
3.2 The consumer will receive an e-mail from khayawoodware confirming the purchase agreement.
3.3. A consumer has the right to dissolve a purchase agreement, without giving reasons, for a period of thirty days.
3.4 Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Because our products are handmade and sourced from natural sources all sizes, weights and measurements indicated on our website may have a slight variation, which adds to the products individual character and beauty.
Article 4. Prices
4.1 All prices are stated in euro’s and include Dutch VAT unless clearly stated otherwise.
4.2 Prices for our products are subject to change without notice.
4.3 We shall not be liable to you for any modification, price change, suspension or discontinuance of the service.
4.4. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the purchasing agreement, refund you any sums you have paid and require the return of any goods provided to you.
Article 5. Delivery / shipping
5.1 We will make every effort to ensure that you receive your order within the delivery time of 1-3 working days in NL and 2-5 working days in EU from date of receipt.
5.2 All shipping costs are subject to change without prior notice.
5.3 If we are unable to deliver your goods within 14 calender days, we will notify you immediately and inform you of the expected delivery date. If we are unable to deliver your goods within 30 days, you may cancel the undelivered goods/products at any time whatsoever once you have been notified of the late delivery. You will receive a full refund for the item or items in question.
Article 6. Payment
6.1 The consumer will issue payment by using one of the payment possibilities indicated on the webshop.
6.2 If your card issuer refuses to authorise your payment to us, we cannot be held liable for shipping delays or a non-delivery of your order. Orders without valid payment in the name of the registered card holder will not be accepted or processed.
Article 7. Liability and risk
7.1 Ownership of products will pass to the consumer after receiving full payment and delivery of goods to consumer.
7.2 All risks, in relation to the product, will pass to the consumer at moment of delivery.
7.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.4 We cannot be held liable for any damage or loss caused by the use of the internet or other (digital) ways of communication between us and the consumer.
Article 9 Right of withdrawal
9.1 The consumer has the right to end the purchase agreement within 30 days, without any reasons for doing so.
9.2. Download a return form (Return&exchange).
9.3 Send your product to us, accompanied by the return form, providing that the product is unused, in its original packaging with labels attached to: Khaya, Parkzichtlaan 114, 3544 NV Utrecht, The Netherlands.
9.4 You will be responsible for paying for your own shipping costs for returning your item(s).
9.5 Once your return is received and inspected, your refund will be processed within 7 days.
9.6 We may reduce your refund of the price (excluding delivery costs) 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.
Article 10. Complaints
10.1 A consumer who has discovered shortcomings in the implementation of a purchase agreement must submit any complaints to us without delay, in full and with clear descriptions within 7 days.
10.2 The consumer should give us a time period of at least 4 weeks to solve the complaint in joint consultation.
Article 11. Force Majeure
11.1 We are not responsible for any failure to comply with our obligations if this is the consequence of, or is caused by, labour disputes or any other circumstances that are reasonably beyond the webshop’s control such as situations of force majeure, civil unrest or riots, floods, fire, strikes, lock-downs, transportation problems and promulgation of laws. If it becomes impossible due to such circumstances for us to deliver the ordered items within 90 days, the consumer has the right to withdrawal.
11.2 In case of Force Majeure we shall never be obliged to compensate the consumer for any loss incurred.
Article 12: Personal details
12.1 The personal details of the consumer will be exclusively used for the purpose of executing the purchase agreement.