Terms and conditions of use

Welcome to Khappa.com.

Terms and Conditions of Use

By using Khappa MJ Website Services, you signify your agreement to be bound by these conditions. We offer a wide range of Khappa MJ Website Services, and sometimes additional terms may apply. When you use an Khappa MJ Website Service (for example Your Profile, Gift Cards or applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Khappa MJ Website Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Users Account

You may need your own Khappa MJ website account to use certain Khappa MJ Website Services, and you may be required to be logged into your account.

For other Khappa MJ Website Services you may also need to select a valid payment method. If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account.

If you use any Khappa MJ Website Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the Your Account section of the website. Please see our Protecting Your Privacy Page to access your personal information.

You must not use any Khappa MJ Website Services: in any way that causes, or is likely to cause, any Khappa MJ Website Services, or any access to it to be interrupted, damaged or impaired in any way, or for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

Electronic Communications

When you use any Khappa MJ Website Services or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, newsletter, in-app push notices or message, or by posting e-mail messages or communications on the website or through the other Khappa MJ Website Services, such as our Tickets Centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

Copyrights, Author’s Rights and Database Rights

All content included in or made available through any Khappa MJ Website Services, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads and data compilations is the property of Khappa MJ or its content suppliers and is protected by international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any Khappa MJ Website Service is the exclusive property of Khappa MJ Website and is protected by international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any Khappa MJ Website Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Khappa MJ Website Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Khappa MJ Website Service (e.g. our prices and product listings) without our express written consent.

Material from copyright or any web site owned, operated, licensed or controlled by Khappa MJ may not be copied, reproduced, republished, uploaded, and/or distributed in any way. All other trademarks, service marks and logos used in Khappa MJ Website are the trademark, service mark or logos of their respective owners. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights for purposes of this Terms Of Use Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

TRADEMARKS

Graphics, logos, page headers, content materials, button icons, and service names included in or made available through Khappa MJ Website Services are trademarks or trade dress of Khappa MJ trademarks and trade dress may not be used in connection with any product or service that is not Khappa MJ’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Khappa MJ. All other trademarks not owned by Khappa MJ that appear in any Khappa MJ Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Khappa MJ.

LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Khappa.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Khappa MJ Website Services. This licence does not include any resale or commercial use of any Khappa MJ Website Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Khappa MJ Website Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Khappa MJ or its licensors, suppliers, publishers, rights holders, or other content providers. No Khappa MJ Website Service, nor any part of any Khappa MJ Website Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Khappa MJ Website without our express written consent. You may not use any meta tags or any other “hidden text” utilising Khappa MJ’s names or Khappa’s name or MJ’s name or trademarks without our express written consent.

You may not misuse the Khappa MJ Website Services. You may use the Khappa MJ Website Services only as permitted by law. The licences granted by Khappa MJ terminate if you do not comply with these Conditions of Use or any Service Terms.

Reviews, comments, communications and other content

Visitors may post reviews, comments and other content; post images, audio and videos, send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid contact form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Khappa MJ Website Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Khappa MJ Website Service, please notify us by completing and submitting the appropriate contact form and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together “content”, you grant Kappa MJ (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Khappa MJ for all claims brought by a third party against Khappa MJ arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Contact Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.

Our Liability

We will do our utmost to ensure that availability of the Khappa MJ Website Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Khappa MJ Website Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Khappa MJ will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Khappa MJ Website Services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

Applicable Law

These conditions are governed by and construed in accordance with the laws of the United Kingdom, We both agree to submit to the non-exclusive jurisdiction of the courts of the City of London.

Alterations to Service or Amendements to the Conditions of Use

We reserve the right to make changes to any Khappa MJ Website Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Khappa MJ Website Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Waiver

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

Children

We do not sell products for purchase by children. If you are under 18 you may use the Khappa MJ Website store (or shop) only with the involvement of a parent or guardian. However, if you are under 18 you can use any other Khappa MJ Website Services without restriction.

Additional Khappa.com Software Terms

  1. Use of the Khappa.com Software. You may use Khappa.com Software solely for purposes of enabling you to use and enjoy the Khappa MJ Website Services as provided by Khappa MJ, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Khappa MJ Website Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Khappa.com Software or otherwise assign any rights to the Khappa MJ Website Software in whole or in part. You may not use the Khappa MJ Software for any illegal purpose. We may cease providing any Khappa MJ Software and we may terminate your right to use any Khappa MJ Software at any time. Your rights to use the Khappa MJ Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Khappa MJ Software that are specifically identified in related documentation may apply to that Khappa MJ Software (or software incorporated with the Khappa MJ Software) and will govern the use of such software in the event of a conflict with these Conditions of Use.
  2. Use of Third Party Services. When you use the Khappa MJ Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Khappa MJ Software, whether in whole or in part, or create any derivative works from or of the Khappa MJ Software.
  4. Updates. In order to keep the Khappa MJ Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Our Contract

Your order is an offer to Khappa MJ to buy the product(s) in your order. When you place an order to purchase a product from Khappa MJ Website, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we’ve dispatched the product to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Khappa MJ. Without affecting your right of cancellation set out in section, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.

You consent to receive sales invoices electronically. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

Right of cancellation up to 7 days and exceptions to cancellation

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 7 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).

You must inform us of your decision to cancel your order. You may submit your request according to the instructions and forms available, by contacting us. To meet the cancellation deadline, it is sufficient for you to send your communication before the 7 days’ cancellation period has expired.

Effects of Cancellation

We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 7 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.

Exceptions to the Right of Cancellation

The right of cancellation does not apply to:

  • the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
  • the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly;
  • a service if Khappa MJ has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
  • the delivery of newspapers, journals or magazines with the exception of subscription contracts for the supply of such publications;

Pricing and Availability

All prices are inclusive of legally applicable VAT.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

Product Information

While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

Liability

Khappa MJ will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

Applicable Law

These conditions are governed by and construed in accordance with the laws of United Kingdom, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the City of London.

Amendements to the Conditions of Sale

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Waiver

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

Last Updated 7 July 2019