Terms and Conditions

Terms and Conditions of Sale

www.KaYanda.co.uk (the ‘Website’) is owned by Ka'Yanda Art and Designs LLP which is a business whose address is at: P.O Box 5915,Brinlow, Milton Keynes,Buckinghamshire,MK10 1GB.
The following conditions apply to the use of the Web Site and the purchase of any item displayed on the Web Site the ‘Works of Art’ and Garments:

Images
You agree that the images of the Works of Art and garments on the Website (the ‘Website Images’) are a true likeness of the stock.

Formation of Contract
A binding contract shall be formed upon receipt by you of a confirmation email from Ka'Yanda Art and Designs acknowledging your order. This is an effective acceptance which will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Ka’Yanda Art and Designs sends the e-mail to you. At the discretion of Ka'Yanda Art and Designs, alternative methods of forming a binding contract may be discussed. Any binding contract is between you and Ka'Yanda Art and Designs.

Payment
Payment for all Art works and garments herein shall be in UK Pounds Sterling, US dollars or Euros. You shall make payment to Ka'Yanda Art and Designs via the World Pay secure payment system provided through the site. Alternative methods of payment may be used at the direction of Ka'Yanda Art and Designs.

Delivery and Insurance
All art and garments purchase shipments are from Ka’Yanda Art and Designs to you. Delivery services for Works of Art and garments purchased through Ka'Yanda Art and Designs will vary. Ka'Yanda Art and Designs takes no responsibility for delivery services DHL. We will owner our commitment to you to despatch the Works of Art and Garments within 7 days of receiving payment from our customers. Ka’Yanda Art and Designs is responsible for the insurance of all Works of Art and Garments during delivery to you. Delivery costs including insurance will be stated if additional to the original price of work.
PLEASE NOTE: ALL BRIDAL WEAR WILL TAKE A MINIMUM OF THREE MONTH FROM THE DATE OF ORDER TO BE DELIVERED.

Return Policy and Refunds
You must notify Ka'Yanda Art and Designs within seven (7) days from the date of receipt of the Works of Art and Garments by e-mail to info@KaYanda.co.uk of any intended return. After this time, all sales are final. You may return any Works of Art or Garments acquired for full credit against the purchase of any other Works of Art or Garments available at that time or for a complete refund, provided that:
(a) Returns of Works of Art or Garments from you shall be to Ka’Yanda Art and Designs upon receipt of your email by Ka'Yanda Art and Designs. Details of the return address will be sent to you by email.
(b) The Works of Art or Garments shall be returned in same condition received and within ten (10) days from the date of notification of such return.
You are responsible for return shipping costs.
Ka'Yanda Art and Designs may be entitled to make a charge not exceeding the direct costs of recovering any Works of Art or Garments supplied where you do not return the Works of Art or Garments after cancellation of the contract or you do so at Ka'Yanda Art and Designs’s expense.
There is no right to return the Works of Art or Garments where the Works of Art or Garments have been made to your specifications or have been personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.


Ka'Yanda Art and Designs
Ka'Yanda Art and Designs’s relationship to the Artist is as advertiser for the purpose of selling artwork consigned to Ka'Yanda Art and Designs. After the seven (7) day approval period, you accept the underlying artwork/garments, relieving Ka'Yanda Art and Designs of all responsibility. Any future claims due to undiscovered faults, hidden defects or questions of authenticity lie solely between Ka’Yanda LLP and you. Ka'Yanda Art and Designs reserves the right to refuse service to anyone at any time.

The Artist and Designer
All dealings are subject to the consent of the Artist and Designer. The artist/ Designer warrants that he/she created and possesses unencumbered title to all Works of Art unless if transferred to Ka’Yanda llp or Garments under the Terms and Conditions of Sale. In the case of Works of Art the title to the paintings will transfer to you upon possession. Unless otherwise specifically indicated, the Works of Art are originals, executed by the Artist and are certified to be free from all defects due to faulty craftsmanship or faulty materials for a period of twelve months from the date of sale by the Artist.
If flaws should appear during this period and be due to such causes, the
Works of Art shall be subject to repair or replacement, at the option of the
artist. You are cautioned, however, that the Artist cannot be responsible for
fading, cracking, and other damage to these works caused by improvident
exposure to sunlight and weather.

Transactions
Ka'Yanda Art and Designs operates on a first-come basis, with all orders for Works of Art or Garments to be sent via the Website. The customer, who notifies Ka'Yanda Art and Designs of an intention to buy a particular Works of
Art or Garments, shall have first rights to purchase. In the event that two or more customers have interest in the same Works of Art or Garments, determination of which customer came first will be determined by the time and date of the order.

Dispute Resolution
If any dispute arises between you and/or Ka'Yanda Art and Designs and/or the Artist/Designer you agree to attempt to settle it by negotiation. A party may not serve an ADR notice or commence court proceedings/an arbitration until 21 days after it has made a written offer to the other party(ies) to negotiate a settlement to the dispute.

Copyright in the Works of Art/Designs and in the Web Site

(a) The Artist/Designer reserves all rights protected under English copyright
legislation in all Works of Art purchased by you.
(b) The sale of the underlying work does not include the sale of rights to
reproduction in any form unless specifically granted in writing by the
Artist/Designer. Copyright sales are wholly the Artist’s and Designer’s privilege and an entirely separate transaction and not part of the underlying sale of the Works of Art or Garment.
(c) All intellectual property contained on the Website including graphics ,
design, text, the selection and arrangement thereof, and all software compilations, underlying source code, software and all
other material on this Website are to remain the property of the Ka‘Yanda Art and Designs llp.
(d) Images of the Works of Art and Designs are scanned by permission granted by the Artist to Ka'Yanda Art and Designs for the purposes of advertisement for sale.
These images may only be copied or saved, or otherwise reproduced, from Ka'Yanda Art and Designs’s website for your consideration to purchase. Copying, saving or otherwise reproducing these images/designs for any other purpose is strictly prohibited.

Governing Law
The contract will be deemed to be formed in England and shall be
interpreted, construed and enforced in all respects in accordance with the
laws of England.
You agree to irrevocably submit to the exclusive jurisdiction of the English Courts.

Last Reviewed 19September 2007