CONTACT US VIA WEBSITE
Kiki Kannibal Corporation Contact Us
CONTACT US VIA TELEPHONE at 321-442-0442 - Regular hours are M-F 09:00 US Eastern Time to 18:00 US Eastern Time. If we are unavailable, please leave a message stating your order number, date of the order, and a brief explanation of the reason for your call.
TERMS AND CONDITIONS
Kiki Kannibal and KND Kouture Web Store Terms and Conditions
1. About these Terms and Conditions
1.1 In these terms and conditions "we" and "us" mean Kiki Kannibal Corporation, and "you" means you the customer. In these terms and conditions certain words spelled with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
1.2 Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.
1.3 External links—External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
2. Placing Your Order 2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone.
2.2 You may place an Order by: 2.2.1 1 filling in the Order Form on the Web Site after logging into or creating your personal account and clicking on the appropriate submission button. You must use the Order Form from the Kiki Kannibal Store Web Site. We will not accept Orders placed in any way other than those listed above.
2.3 When you place your Order, we will issue you an Order Number. We will do this via the Kiki Kannibal and KND Kouture Web Store. Please note that such an Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected based on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or postal service.
2.6 While we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on Kiki Kannibal and KND Kouture Web Store. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order for those Products we cannot supply and repay you any money that you may have paid to us in for those Products. In the event of a typographical error or technological error causing a mistake in price to be shown, Kiki Kannibal Corporation reserves the right to correct the error and to charge you the correct price. Before it does so, Kiki Kannibal Corporation will notify you of the mistake and will offer you a refund. You will receive a notification prior to your delivery. Subject to clause 11.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to shop. No such information constitutes an offer by us to supply any products.
3. Supply of Your Products Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4.1 The price for the Products will be the price indicated on your Invoice (except in the event of a pricing error on the Kiki Kannibal and KND Kouture Web Store which will be handled as in 2.6 above.
4.2 VAT is payable by you at the applicable rate as indicated on your Invoice.
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
4.4 VAT, Duties and other Taxes Upon entering into a contract, you agree to comply with all Tax Laws. You agree (i) to pay any and all local, regional, national, import and or export taxes and duties related to your purchase (ii) and agree that you are solely responsible for such taxes, duties and liability for any tax associated with any Product or Service acquired from Kiki Kannibal Corporation, payable to any country in relation to any Tax Law, and (iii) to pay any tax, duty or fee to any country for which a liability exists, obtaining and completing all necessary forms or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
5. Paying for Your Products 5.1 You may pay for your Products by the methods of payment as displayed on the payment page of the Kiki Kannibal and KND Kouture Web Store from.
5.2 You must pay in the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your. We will not commence the manufacture of your Products neither will we supply the Products to you nor perform the Services until your credit card issuer has authorized the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorization we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 If you are paying by certified check or money order a request for payment will be sent to you and your Products will be manufactured and supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled. 5.5 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your
Order Form. 5.6 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. We assure You that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. Delivery of Your Products
6.1 Orders will not be accepted and products will not be delivered to any address outside of those acceptable by our if there was a pricing error on Kiki Kannibal and KND Kouture Web Store. Orders and deliveries will not be possible if we cannot validate your address.
6.2 Subject to clause 6.1 we will deliver your Products to the delivery address as shown on your Order Confirmation.
6.3 We will use our reasonable efforts to manufacture your Products within 21 days of the date of issue of your Order Confirmation. Estimated Product build times which are given here are estimates only and do not equate to delivery times. Actual Product build times may take longer than 30 days from the confirmation of your Order, and if your Order involves build time, you agree that Kiki Kannibal Corporation may take more than 30 days to complete your Order. If you have ordered several Products at one time, we may deliver such Products on different days. You may cancel your Order at any time prior to delivery of the shipment of the Product ordered by email and and referencing your Web Order Number.
6.4 Title to and risk of loss in your Products will pass to you on shipment of the Products to the address stated in your Order Confirmation.
6.5 Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
6.6 Certain items may ship by postal service and cannot be tracked once they have entered the postal system. All other shipments use confirmed carrier delivery for maximum security and tracking.
7. Your Rights to Withdraw from the Contract and to Return Faulty Products or Products which are not in Conformity
7.1 Right to withdraw from the contract. If you are not satisfied with any Product you have purchased from us, you may return the Product to us and obtain a refund of the price of the returned Product (not including shipping or handling charges) if you contact us within 7 Calendar Days of delivery of the Product.
7.2 Exceptions to the right to withdraw from the contract. (i) Products. You may not return a Product and claim a refund if the Product concerned is: a) Software which we supplied to you or that you have successfully downloaded from the Kiki Kannibal CorporationStore website; or b) a personalized item with an image or engraving made in accordance with your specifications. (ii) Services. You may not obtain a refund for a Service if you have commenced use of the Service.
7.3 Conditions to exercise the right to withdraw from the contract. You can exercise your right to return the Product to us and obtain a refund of the price of the returned Product provided: (i) You inform us of your decision to cancel the contract prior to shipment of the Product or the date you purchased the Services; and (ii) The Product(s) are returned in their original condition and the seals on the Product(s) are intact; and (iii) The Product(s) are returned in accordance with the procedure described in paragraph 7.4 below. Please note that while the Product(s) remain in your possession or those of the return carrier, you are under a duty to ensure that the Product(s) are kept safe and secure.
7.4 Procedure to follow to claim a refund under your right to withdraw from the contract. (i) Please email us on Kiki Kannibal and KND Kouture Web Store between 09:00 and 18.00 Monday to Friday to make arrangements for return. You will then be provided with an RMA (Return Material Authorization) number. (ii) You the customer will subsequently arrange for the Product(s) to be collected by the original carrier that delivered the product(s) to you to arrange a suitable collection time and collection place. (iii) You the customer will be responsible for the return shipping charges and insurance for the Product(s) return(ed) to Kiki Kannibal Corporation (iv) Before returning any Product(s) to Kiki Kannibal Corporation please check that you have: 1. Received a RMA number from Kiki Kannibal Corporation (issued on request). 2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise. 3. Used all packaging that was originally supplied. Unless damaged while being opened, the original Product packaging is most suitable for use for Product returns, and unless damaged while the Product was opened, this packaging should be used. Kiki Kannibal Corporation reserves the right to reject a returned Product that was damaged because it was improperly packaged during the returns process. 4. Ensure the following return address and the RMA number are clearly displayed: Kiki Kannibal Corporation, PO BOX 682088, Orlando, FL, USA. RMA number (please insert number provided to you) 5. Sealed the packaging securely. (iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Should you fail to follow this procedure and should the condition of the Product(s) received by Kiki Kannibal Corporation show that you failed to discharge your obligations to take reasonable care of the Products, your refund will be reduced or rejected.
7.5 Faulty products or products which are not in conformity. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 10 below, please telephone us on 321-442-0442 between 09:00 and 18.00 Monday to Friday.
8. MUSIC FILES
8.1 All Software is licensed to you on the terms and conditions of the applicable license agreements. These license agreements are shipped with the Software or are provided when the Software is downloaded in accordance with clause 8.3.
8.2 You shall be responsible for ensuring that any Software or Product ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We regret that we are unable, under any circumstances to refund monies for an software unless it is faulty.
8.3 You may purchase any downloadable Software displayed on Kiki Kannibal and KND Kouture Web Store. You may only pay for such Software by credit card. Once we have received payment authorization from your credit card issuer, you will receive instructions to begin downloading your Software. If, during download, the transmission is interrupted in any way, you should begin the downloading process again. Should you be unable to complete the download, you may within 7 Calendar Days of receiving the download instructions request a refund in writing. Refund requests should be sent to us at the email address shown in the contact details in paragraph 12. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.
9. Telephone Support
9.1 Except as otherwise stated on Kiki Kannibal and KND Kouture Web Store at the time you place your Order we will at no additional cost provide email support service for Software, and Kiki Kannibal Corporation-branded Software (bundled and not bundled), as defined below, which you purchase from Kiki Kannibal and KND Kouture Web Store. The service is available for 30 days from the date of purchase (the date of your Invoice). For Support for non-Kiki Kannibal Corporation-branded Products you must contact the relevant manufacturer.
9.2 The email support service shall consist of email advice and guidance in relation only to set-up and installation problems and associated usability issues.
9.3 The email support service is available between 08:00 and 18:00 on Working Days. The email address for the support service will be supplied with your Products.
9.4 In providing email support, we will attempt to resolve your query when you contact us. We cannot guarantee resolution of your queries. On occasions we may need to return your email in order to suggest a resolution.
10. 90 Day Limited Warranty
10.1 All new product carries a 90 day limited warranty against defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into this Contract by reference, are available for you to see by clicking the appropriate hyperlink below. The limited warranty covers Kiki Kannibal Corporation Product (as defined below) only; it does not cover Software, Services or any other Products. You should refer to the relevant Software licenses for warranties which may apply to your Software.
90 day limited warranty for new products
Whenever emailing us in relation to your warranty entitlement you should reference your Kiki Kannibal Corporation Order number. You will bear the cost of return shipping for warranty service.
10.2 Non-Kiki Kannibal Corporation-branded/Third-party Products For non Kiki Kannibal Corporation-branded Products (including non Kiki Kannibal Corporation branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer.
10.3 IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
11. Our Liability 11.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of email support and warranty services).
11.2 Save as set out at paragraph 11.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.
11.3 If you are not a consumer user: Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. If you are a consumer user: Depending on the country in which you reside, there are certain implied warranties and conditions primarily relating to the quality of the Product which Kiki Kannibal Corporation is required to make, and Kiki Kannibal Corporation makes these implied warranties and conditions to the extent Kiki Kannibal Corporation is required to do so. You should contact your local consumer advocacy organization for more information about these requirements. If these implied warranties and conditions are not required to be made by Kiki Kannibal Corporation, Kiki Kannibal Corporation does not make them. In particular, Kiki Kannibal Corporation will not be responsible for ensuring that the Products are suitable for your intended purpose(s).
11.4 In cases where consumers claim financial compensation under statute, Kiki Kannibal Corporation will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses 11.5 and 11.6 shall apply. Nothing in the Contract shall imply or state our liability (i) for death or personal injury caused by your negligence or (ii) for your fraud or (iii) for your breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
11.5 Subject to clause 11.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any direct, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.6 Subject to clause 11.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
11.7 If you are a consumer, you may have statutory rights which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from consumer advocacy organizations. No provisions of clause 11 affect your statutory rights as a consumer. In addition, this clause does not affect your right to return the Products as per clause 7.
12. Contacting Kiki Kannibal Corporation You can contact us: • By email as indicated via our website • By regular mail at Kiki Kannibal Corporation, PO Box 682088, Orlando, FL 32868-2088, USA
When contacting us you must quote your Web Order Number.
13. Export Control Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
14. Data Protection
15. Circumstances beyond our reasonable control We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
16. Disagreements Governing Law and Jurisdiction We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United States of America, in the State of Florida, County of Orange. Laws of the State of Florida and (at the federal level) the United States of America will apply.
17.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
17.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
18. Defined Terms
18.1 In these terms and conditions: "Kiki Kannibal Corporation Authorized Service Provider" means a service provider authorized by us to provide service; "Kiki Kannibal Corporation Web Site" means our build-to-order web site for customers, the web address of which is http://shop.Kiki Kannibal.com "Contract" means these terms and conditions together with your Order Confirmation; "Consumer" means a customer who purchases Products other than in the course of a business; "Export Laws" means all laws, regulations and orders of the United States, the European Union applicable to the export, re-export, transfer or resale of Products; "Hardware" means any Kiki Kannibal Corporation-branded Product which is not Software, or Services "Invoice" means the invoice issued by us to you for the price of the Products; "Order" means an order placed by you in accordance with these terms and conditions; "Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order; "Order Form" means the electronic order form on Kiki Kannibal and KND Kouture Web Store; "Product" means any product listed on Kiki Kannibal and KND Kouture Web Store which we agree to supply to you on these terms and conditions and may include Services; "Services" means any chargeable or other services (excluding shipping, guarantee and email support services) listed on Kiki Kannibal and KND Kouture Web Store which we agree to supply to you on these terms and conditions; "Software" means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software; "Web Order Number" means the order number issued by us to you; "Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United States.
18.1 Kiki Kannibal Corporation is a company incorporated in the United States of America, State of Flroida.