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TERMS & CONDITIONS

The use by you of this our website and the purchase by you of a product through this website is conditional upon your acceptance of these terms and conditions. Please read on.

Before offering to buy a product you are deemed to have accepted these terms and conditions.

We may revise this legal notice at any time by updating this page. 

www.kapeandpan.com relates to our “website” - is a site operated by Zen Kapé Ltd. 

 

By placing an order through our site, you confirm that:

  1. You’re legally capable of entering into binding contracts;

  2. You’re at least 18 years old.

You grant us an irrevocable non-exclusive licence to use for any purpose any content you post on our website or otherwise communicated to us via any media.

Kape & Pans obligations under this agreement are to issue the product to you under the agreement. We are responsible for you receiving the desired goods in a timely manner and to an (at least) acceptable quality.

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party.

Refunds for purchases made through our website will be in processed in accordance with our refunds policy.

The price of any product will be as quoted on our site. These prices include VAT.

Payment for all products may be made by credit or debit card and/or Paypal before the product is sent.

If you want to share the content on our site with your friends, we’d be delighted, but please use the sharing tools provided.

You’re permitted to print and download extracts from the website for your own use on the following basis:

  1. no documents or related graphics on the website are modified in any way;

  2. no graphics on the website are used separately from the corresponding text; and

  3. our copyright and trademark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including without limitation photographs and graphical images) are owned by us or our licensors.

For the purposes of this legal notice, any use of extracts from the website other than in accordance with these terms and conditions for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.

Subject to these terms and conditions, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.

SERVICE ACCESS

While we endeavor to ensure that the website is normally available 24 hours a day, we shall not be liable if, for any reason, the website is unavailable at any time or for any period. Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor material and conduct

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the website any material:

  1. that’s threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

  2. for which you have not obtained all necessary licences and/or approvals; or

  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

  4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the website (including, without limitation, by hacking). We shall fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of these terms and conditions.

Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability.

We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.

Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the subscription you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. This does not include or limit in any way our liability:

  1. For death or personal injury caused by our negligence;

  2. Under section 2(3) of the Consumer Protection Act 1987;

  3. For fraud or fraudulent misrepresentation; or

  4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:

  1. loss of income or revenue

  2. loss of business

  3. loss of profits or contracts

  4. loss of anticipated savings

  5. loss of data

  6. loss of data, or

  7. waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [even if foreseeable].

We will determine, with discretion, whether there has been a breach of these terms and conditions through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate which may result in our taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use our site.

  2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

  3. Issue of a warning to you.

  4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  5. Further legal action against you.

  6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms and conditions. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.

If you believe any content posted by another user is in breach of these terms or in any other way infringes your rights, you can send us a formal notice (a “moderation notice”):

This agreement and any dispute arising out of if will be governed by English Law. Any dispute or claim arising out of or in connection with this agreement or its formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.