Definitions

In these Terms and Conditions, the following words and expressions have the meanings set out below:

"Business Day" means any day other than a Saturday, Sunday or public holiday in England.

"Contract" means the legally binding agreement between you and us for the sale and purchase of Products following our acceptance of your Order.

"Customer", "you" or "your" means any individual purchasing Products from the Website for personal, domestic or household use.

"Order" means an order placed through the Website to purchase one or more Products.

"Fulfilment Partner" means any third-party logistics provider, warehouse, supplier, marketplace fulfilment provider, returns processor or courier engaged by us to store, pack, dispatch, deliver or process the return of Products on our behalf.

"Products" means any goods offered for sale through the Website.

"Terms" means these Terms and Conditions.

"Website" means www.kiyza.com together with any associated webpages and online services operated under the Kiyza brand.

"DGLJ", "Kiyza", "we", "us" or "our" means the business trading under the name Kiyza, which owns and operates the Website.

About Us

2.1. Kiyza is the trading name of DGLJ ("we", "us" or "our"), an online retailer supplying consumer products directly to customers within the United Kingdom and selected international destinations.

2.2. Until such time as DGLJ is incorporated as a limited company, all Contracts entered into through the Website are made with the owner of the business trading under the name Kiyza.

2.3. If DGLJ subsequently becomes incorporated as a limited company, these Terms and Conditions shall continue to apply and references to DGLJ shall include that incorporated entity without affecting any rights or obligations that arose before incorporation.

2.4. After we accept your Order, we will send you an Order Confirmation by email. This confirmation contains the key details of your purchase and forms part of your Contract with us. We recommend that you retain a copy of both these Terms and your Order Confirmation for future reference.

2.5. You may contact us using the details below:

Email
hello@kiyza.com

Postal Correspondence Address
DGLJ trading as Kiyza
Unit 167411
PO Box 7169
Poole
BH15 9EL
United Kingdom

We aim to respond to customer enquiries within two (2) Business Days.

2.6. If you need to return Products to us, we will provide the appropriate returns instructions and, where applicable, the correct returns address. Please do not send returns to our correspondence address unless we have specifically instructed you to do so.

2.7. We reserve the right to update our contact details from time to time. The most up-to-date contact information will always be published on our Website.

Website Use

3.1. By accessing or using our Website, you confirm that you are at least 18 years of age and are legally capable of entering into a binding contract.

3.2. By placing an Order through our Website, you agree to be bound by these Terms and Conditions together with our Privacy Policy, Returns & Refund Policy and any other policies expressly referred to on the Website.

3.3. You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict or inhibit the use of the Website by any other person.

3.4. You must not misuse the Website by knowingly introducing viruses, malware, malicious code or any other material that may interfere with the operation, security or availability of the Website or its underlying systems.

3.5. You must not attempt to gain unauthorised access to any part of the Website, its servers, databases or any systems connected to it.

3.6. You must not use automated software, bots, scripts, crawlers, data scraping tools or similar technologies to access, copy, monitor or extract content from the Website without our prior written permission.

3.7. All content published on the Website is provided for general information only. Whilst we make reasonable efforts to ensure that information is accurate, complete and up to date, we do not guarantee that all information will always be free from errors or omissions.

3.8. We reserve the right to suspend, restrict or terminate access to the Website at any time where we reasonably believe that these Terms have been breached, fraudulent activity has occurred, or continued access could harm our business, customers or Website.

3.9. Access to the Website is provided on an "as available" basis. We do not guarantee that the Website, or any part of it, will always be available, uninterrupted, secure or error-free.

3.10. We may modify, suspend, withdraw or discontinue any part of the Website, its functionality, products or services at any time without prior notice where reasonably necessary for operational, legal or commercial reasons.

Orders & Contract Formation

4.1. By placing an Order through our Website, you are making an offer to purchase the Products in accordance with these Terms and Conditions.

4.2. Receipt of an Order confirmation email acknowledging that we have received your Order does not mean that your Order has been accepted. It simply confirms that your Order has been received and is being processed.

4.3. A legally binding Contract between you and us is only formed when we send you an email confirming that your Order has been accepted and dispatched.

4.4. We reserve the right to refuse, decline or cancel any Order before dispatch where it is reasonable to do so, including but not limited to where:

(a) a Product is unavailable or out of stock;

(b) a pricing, product description or technical error has occurred;

(c) we reasonably suspect fraudulent, unlawful or unauthorised activity;

(d) payment cannot be authorised or has been declined;

(e) delivery to the requested address is not reasonably possible; or

(f) we are otherwise unable to fulfil the Order due to circumstances beyond our reasonable control.

4.5. If we cancel an Order after payment has been received, we will refund any sums paid using the original payment method as soon as reasonably practicable.

4.6. It is your responsibility to ensure that all information provided when placing an Order, including your name, billing information, delivery address, email address and telephone number, is complete and accurate. We are not responsible for delays, failed deliveries or additional costs resulting from incorrect information supplied by you.

4.7. We may contact you if additional information is required to verify your identity, payment details or delivery information before accepting or dispatching your Order.

4.8. Our Products are sold to consumers for personal, domestic and household use only. Unless we have agreed otherwise in writing, Products must not be purchased for resale, commercial distribution or export.

4.9. We reserve the right to limit the quantity of any Product that may be purchased in a single Order or by a single Customer where reasonably necessary to protect stock availability, prevent abuse of promotions or ensure fair distribution.

4.10. Any estimated delivery dates, promotional offers or stock availability displayed on the Website are provided for guidance only and do not constitute a contractual guarantee unless expressly stated otherwise.

Pricing & Payment

5.1. All prices displayed on our Website are shown in Pounds Sterling (£) unless otherwise stated.

5.2. Where applicable, prices include UK Value Added Tax (VAT). If we are not required to charge VAT, prices will be displayed accordingly.

5.3. Delivery charges, where applicable, are calculated separately and clearly displayed during checkout before you place your Order.

5.4. We take reasonable care to ensure that Product prices and descriptions are accurate. However, errors may occasionally occur. If we discover an obvious pricing, description or promotional error before your Order has been accepted and dispatched, we reserve the right to cancel the Order and issue a full refund.

5.5. Payment must be authorised and successfully received before we dispatch any Products. We accept payment using the methods displayed at checkout.

5.6. If your payment is declined, reversed, recalled or subsequently found to be unauthorised, we reserve the right to cancel the Order, suspend any outstanding deliveries and recover any sums lawfully due.

5.7. Ownership of the Products will not pass to you until we have received payment in full and the Products have been delivered in accordance with these Terms.

5.8. Promotional offers, discount codes and vouchers:

(a) may only be used in accordance with their stated terms;

(b) cannot normally be exchanged for cash;

(c) may not be combined with other promotions unless expressly stated;

(d) may be withdrawn, amended or cancelled at any time where reasonably necessary, provided this does not affect Orders already accepted by us.

5.9. We reserve the right to refuse or cancel Orders where we reasonably believe that promotional codes, discounts, referral schemes or other offers have been obtained fraudulently, abused or used contrary to their intended purpose.

5.10. If a refund is due, it will normally be made using the original payment method. Refund processing times may vary depending upon your payment provider or financial institution, and we are not responsible for delays caused by third-party payment providers.

5.11. You are responsible for providing accurate billing information. We shall not be liable for any delay, failed payment or additional costs arising from inaccurate payment or billing details supplied by you.

Product Information

6.1. We make every reasonable effort to ensure that all Product descriptions, specifications, images, dimensions, pricing and other information displayed on our Website are accurate at the time of publication.

6.2. Product images are provided for illustrative purposes only. Whilst we aim to display Products as accurately as possible, colours, finishes and appearance may vary depending on your device, screen settings and lighting conditions.

6.3. Unless expressly stated otherwise, dimensions, weights, capacities and other measurements are approximate and may vary within normal manufacturing tolerances.

6.4. From time to time, we may update, improve or modify the design, specifications, packaging or appearance of a Product without prior notice, provided that any changes do not materially affect the Product's intended function or quality.

6.5. Accessories, decorative items or other products shown in photographs are for illustrative purposes only and are not included unless specifically stated within the Product description.

6.6. You are responsible for checking that any Product is suitable for your intended use before placing an Order. If you are unsure whether a Product is suitable, please contact us before purchasing.

6.7. Product availability displayed on the Website is provided as an indication only and cannot be guaranteed until your Order has been accepted and dispatched.

6.8. We reserve the right to correct any typographical errors, inaccuracies or omissions relating to Product information, pricing, availability or promotions at any time before dispatch.

6.9. Nothing in this section excludes or limits your statutory rights under applicable consumer protection legislation, including your rights where Products are faulty, misdescribed or not of satisfactory quality.

6.10. Unless expressly stated otherwise, our Products are intended for normal domestic household use only and are not designed for commercial, industrial or professional applications.

Safe Use & Product Safety

7.1. You are responsible for reading and following all instructions, safety warnings and guidance provided with the Product before using it.

7.2. Products must only be used for their intended purpose and in accordance with any instructions, warnings or safety information supplied by us or the manufacturer.

7.3. You must exercise appropriate care when using Products that generate heat, steam, pressure, electricity or other potentially hazardous conditions.

7.4. Where a Product is supplied with safety instructions, warnings or an instruction manual, those documents form an important part of the Product. Failure to read and follow them may increase the risk of injury or damage and may affect your entitlement to certain remedies where permitted by law.

7.5. We shall not be responsible for any loss, damage or injury arising from misuse of a Product, failure to follow the supplied instructions or safety warnings, unauthorised modification, improper maintenance or use for a purpose for which the Product was not intended, except where such liability cannot lawfully be excluded.

7.6. Products should be kept out of the reach of children unless expressly stated to be suitable for use under appropriate adult supervision.

7.7. You should discontinue use of a Product immediately if it appears to be damaged, develops a fault or is not operating as intended, and contact us for assistance before continuing to use it.

7.8. Nothing in this section excludes or limits any rights you have under applicable consumer protection legislation or our liability where it cannot lawfully be excluded.

Delivery

8.1. We will make every reasonable effort to dispatch and deliver your Order within the estimated timescales displayed on our Website or communicated during checkout.

8.1A. We may use carefully selected third-party fulfilment partners, warehouses, suppliers, marketplace fulfilment providers (including Amazon Multi-Channel Fulfilment), couriers and returns processors to store, pack, dispatch, deliver or process returns of Products on our behalf. Where we do so, these parties act solely as our service providers. Your Contract is with Kiyza only, and we remain responsible for fulfilling our legal obligations to you under applicable consumer protection law.

8.2. All delivery dates and times are estimates only and are not guaranteed unless we have expressly agreed otherwise in writing.

8.3. Delivery times may be affected by factors beyond our reasonable control, including courier delays, adverse weather, customs procedures, industrial action, public holidays, supplier delays or other unforeseen events. We shall not be liable for delays arising from such circumstances.

8.4. Risk in the Products passes to you when the Products are delivered to the delivery address specified in your Order or otherwise come into your physical possession, in accordance with applicable consumer law.

8.5. Ownership of the Products passes to you once:
(a) we have received payment in full; and
(b) the Products have been delivered to you.

8.6. You are responsible for ensuring that the delivery address and contact information provided at checkout are accurate and complete. We shall not be responsible for delays, failed deliveries or additional delivery costs resulting from incorrect or incomplete information supplied by you.

8.7. If a delivery is returned to us because it could not be completed due to incorrect address details, repeated failed delivery attempts, refusal to accept delivery or failure to collect the parcel from the courier, we reserve the right to charge the reasonable cost of any re-delivery.

8.8. If your Order appears to have been lost or damaged during transit, please notify us as soon as reasonably possible so that we can investigate the matter with the delivery provider.

8.9. Where a parcel is confirmed by the delivery provider as having been delivered to the address supplied with your Order, we may request reasonable information from you before investigating any claim for loss or non-delivery.

8.10. We reserve the right to deliver an Order in multiple shipments where this is necessary due to stock availability, operational requirements or supplier logistics. You will not incur any additional delivery charge where we choose to split your Order.

8.11. We may fulfil different Products from different fulfilment locations or service providers. Where this occurs, Products may arrive in separate deliveries and may be returned to different authorised return locations, depending on the Product purchased. We will provide the appropriate return instructions where applicable.

8.12. International customers are responsible for any import duties, customs charges, taxes or other fees imposed by the destination country unless we have expressly stated otherwise before the Order is placed.

Cancellations, Returns & Refunds

9.1. Consumers purchasing Products through our Website may have the right to cancel their Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9.2. Unless an exception applies, you have the right to cancel your Order within 14 days of receiving the Products without giving any reason.

9.3. To exercise your right to cancel, you must notify us by email or other clear written communication before the cancellation period expires.

9.4. Once you have notified us of your cancellation, you must return the Products to us without undue delay and, in any event, no later than 14 days after informing us of your decision to cancel.

9.5. Unless we have agreed otherwise or the Products are faulty, you are responsible for the direct cost of returning cancelled Products.

9.6. You must take reasonable care of the Products whilst they are in your possession. We may make a deduction from your refund where the value of the Products has been diminished as a result of handling beyond what is reasonably necessary to establish their nature, characteristics and functioning.

9.7. We will process any refund due under your statutory cancellation rights within 14 days of receiving the returned Products or, where earlier, satisfactory evidence that they have been returned.

9.8. Refunds will be made using the original payment method unless otherwise agreed.

9.9. Your statutory cancellation rights do not apply to Products that are exempt from cancellation under applicable law, including but not limited to:

(a) sealed Products which are not suitable for return for health protection or hygiene reasons once unsealed;

(b) Products that have been personalised or made to your specifications; and

(c) any other Products excluded by applicable consumer legislation.

9.10. Nothing in this section affects your statutory rights where Products are faulty, not as described or not of satisfactory quality. Your legal rights in relation to faulty Products are governed by the Consumer Rights Act 2015.

9.11. Additional information regarding our returns procedure, eligibility requirements and refund process is available in our Returns & Refund Policy, which forms part of these Terms and Conditions.

Faulty, Damaged or Incorrect Products

10.1. We are under a legal duty to supply Products that conform to the Contract and your statutory rights under the Consumer Rights Act 2015 are not affected by these Terms.

10.2. If you believe that a Product is faulty, damaged or incorrect, you should contact us as soon as reasonably practicable after discovering the issue, providing your Order number and a description of the problem.

10.3. We may request photographs, videos, serial numbers, proof of purchase or any other reasonable information required to investigate a claim before determining the appropriate remedy.

10.4. Where reasonably required, we may ask you to return the Product for inspection before issuing a refund, replacement or other remedy. Where the claim is valid, we will reimburse any reasonable return costs incurred.

10.5. If a Product is confirmed to be faulty, damaged on arrival or incorrectly supplied, we will provide an appropriate remedy in accordance with your statutory rights. Depending on the circumstances, this may include a repair, replacement, price reduction or refund.

10.6. Where a replacement Product is provided, we reserve the right to supply an identical Product or, where unavailable, a Product of equivalent quality and value, subject to your statutory rights.

10.7. We reserve the right to decline a claim where, following reasonable investigation, we determine that:
(a) the Product is not faulty;
(b) the damage has resulted from misuse, neglect, accidental damage, normal wear and tear or failure to follow any care or usage instructions;
(c) the issue has arisen as a result of unauthorised repairs, alterations or modifications; or
(d) the claim is otherwise inconsistent with your statutory rights.

10.8. Nothing in this section limits or excludes any rights you have under the Consumer Rights Act 2015 or any other applicable consumer protection legislation.

10.9. Product Safety Recalls

If a Product is subject to a safety recall, safety notice or corrective action, you agree to follow any reasonable instructions provided by us or the manufacturer, including discontinuing use of the Product where appropriate and cooperating with any replacement, repair or refund process.

Intellectual Property

11.1. All intellectual property rights in the Website and its contents, including but not limited to text, graphics, logos, photographs, videos, product descriptions, designs, software, layouts and other materials, are owned by or licensed to us unless otherwise stated.

11.2. All such intellectual property rights are protected by applicable copyright, trade mark and other intellectual property laws.

11.3. You may access and use the Website solely for your personal, non-commercial use in connection with browsing and purchasing our Products.

11.4. You must not, without our prior written consent:

(a) reproduce, copy, distribute, publish or transmit any content from the Website;

(b) modify, adapt, translate or create derivative works from any Website content;

(c) use any of our trade marks, logos or branding in a manner that suggests endorsement or affiliation;

(d) use any Product images, descriptions or other content for commercial purposes;

(e) scrape, harvest, extract or collect data from the Website using automated or manual means.

11.5. Nothing in these Terms grants you any ownership rights in the Website or its content other than the limited right to use the Website in accordance with these Terms.

11.6. If you believe that any content on our Website infringes your intellectual property rights, please contact us with reasonable details of the alleged infringement so that we may investigate the matter.

11.7. We reserve all rights not expressly granted under these Terms.

Limitation of Liability

12.1. Nothing in these Terms and Conditions excludes or limits our liability where it would be unlawful to do so, including liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any liability that cannot be excluded or limited under applicable law.

12.2. Subject to clause 12.1, we shall not be liable for any loss or damage which was not reasonably foreseeable at the time the Contract was formed.

12.3. We shall not be liable for any indirect, incidental, consequential or special loss or damage, including any loss of profit, loss of business, loss of opportunity, loss of revenue, loss of anticipated savings or loss of data, except where such liability cannot lawfully be excluded.

12.4. We shall not be liable for any loss or damage arising from:

(a) your failure to follow any instructions, guidance or care information supplied with the Product;

(b) misuse, neglect, accidental damage, unauthorised modification or improper storage of the Product;

(c) delays or failures caused by events outside our reasonable control; or

(d) information supplied by you that is inaccurate or incomplete.

12.5. Nothing in these Terms limits your statutory rights in relation to Products that are faulty, not as described or not of satisfactory quality.

12.6. Our total liability to you in connection with any Contract shall, to the fullest extent permitted by law, be limited to the total amount paid by you for the relevant Product giving rise to the claim, except where a greater liability is required by law.

12.7. Each provision of this section operates separately. If any provision is found by a court or competent authority to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Events Outside Our Control (Force Majeure)

13.1. We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control.

13.2. Such events may include, but are not limited to:

(a) acts of God, flood, fire, earthquake or other natural disasters;

(b) severe weather conditions;

(c) war, terrorism, civil unrest or riots;

(d) epidemic, pandemic or public health emergency;

(e) industrial disputes, strikes or labour shortages;

(f) interruptions to transport, courier or postal services;

(g) shortages of materials, stock or components caused by suppliers;

(h) interruption or failure of utilities, telecommunications, internet services or payment systems;

(i) cyber attacks, malicious software, data breaches or other technology failures; and

(j) any law, regulation, governmental action or restriction affecting our ability to perform the Contract.

13.3. Where an event outside our reasonable control prevents or delays performance, we will take reasonable steps to minimise the impact and resume performance as soon as reasonably practicable.

13.4. If the event continues for an extended period such that we are unable to fulfil the Contract within a reasonable time, we may cancel the affected Order by giving written notice to you. Where payment has already been made for Products that cannot be supplied, we will provide a full refund.

13.5. Nothing in this section affects your statutory rights under applicable consumer protection legislation.

Privacy & Data Protection

14.1. We are committed to protecting your privacy and handling your personal information in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

14.2. Any personal information that you provide to us, or that we collect in connection with your use of the Website or the purchase of our Products, will be processed in accordance with our Privacy Policy.

14.3. Our Privacy Policy explains, amongst other things:

(a) what personal information we collect;

(b) how we use your information;

(c) the lawful basis for processing your personal data;

(d) who we may share your information with;

(e) how long we retain your information; and

(f) your rights in relation to your personal data.

14.4. By using our Website and placing an Order, you acknowledge that your personal information will be processed in accordance with our Privacy Policy.

14.5. Our current Privacy Policy is available on our Website and forms part of these Terms and Conditions.

General Provisions

15.1. Entire Agreement
These Terms and Conditions, together with any policies expressly referred to within them, constitute the entire agreement between you and us in relation to your purchase of Products from our Website and supersede any prior discussions, representations or agreements relating to the Contract.

15.2. No Waiver
If we delay or fail to exercise any right or remedy under these Terms, this shall not prevent us from exercising that right or remedy at a later time.

15.3. Severability
If any provision of these Terms is held by a court or other competent authority to be invalid, illegal or unenforceable, that provision shall be deemed modified or severed to the minimum extent necessary. The remaining provisions shall continue in full force and effect.

15.4. Assignment
We may transfer, assign or subcontract any of our rights or obligations under these Terms provided that doing so does not reduce your statutory rights. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

15.5. Third Party Rights
Except as expressly provided, no person who is not a party to the Contract shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.

15.6 Fulfilment Partners

We may appoint third-party fulfilment partners, warehouses, suppliers, payment processors, returns processors, couriers and other service providers to perform services on our behalf in connection with the storage, packing, dispatch, delivery and return of Products. The use of such providers does not affect our contractual obligations to you, and nothing in these Terms creates a contractual relationship between you and any third-party service provider engaged by us.

15.7. Changes to these Terms
We may update these Terms and Conditions from time to time to reflect changes in our business, legal requirements or operational practices. The version published on our Website at the time you place your Order will apply to your Contract.

15.8. Governing Law
These Terms and Conditions and any Contract between you and us shall be governed by the laws of England and Wales.

15.9. Jurisdiction
If you are a consumer resident in England or Wales, you and we agree that the courts of England and Wales shall have jurisdiction, although you may also bring proceedings in the courts of the UK nation in which you reside where applicable. If you reside in Scotland or Northern Ireland, you may also bring proceedings in the courts of your home jurisdiction in accordance with applicable law.

Contact Us

16.1. If you have any questions about these Terms and Conditions, your Order or any Product purchased from us, you can contact us using the details below:

Email: hello@kiyza.com

Postal Correspondence Address:

DGLJ trading as Kiyza
Unit 167411
PO Box 7169
Poole
BH15 9EL
United Kingdom

16.2. We aim to respond to customer enquiries within two (2) Business Days, although response times may vary during particularly busy periods.

16.3. Please do not return Products to our correspondence address unless we have specifically instructed you to do so. Where a return is authorised, we will provide the appropriate return instructions.

16.4. If we need to contact you in relation to your Order or these Terms and Conditions, we will do so using the email address, telephone number or postal address provided when you placed your Order.