TERMS & CONDITIONS
1. PLACE OF PERFORMANCE AND APPLICABLE LAW
SarahKiki (London) Ltd trading as sarahkiki.com is a company registered in England & Wales (Company No. 13437903; Registered office: 20-22 Wenlock Road, London, England, N1 7GU, UK). Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Sarah Kiki makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
2.1 SarahKiki (London) Ltd has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, SarahKiki (London) Limited disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
2.2 SarahKiki (London) Limited shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
2.3 When you activate the Paypal payment link SarahKiki (London) Limited has no control over and will accept no responsibility or liability for this site or the material on this site.
3. LIMITATION OF LIABILITY
3.1 You agree that SarahKiki (London) Limited shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
3.1.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
3.1.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under SarahKiki (London) Limited’s direct control including, without limitation, damage for loss of reputation, loss of employment, loss of earnings, loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of business information, or any other pecuniary loss (even where SarahKiki (London) Limited has been advised of the possibility of such loss or damage).
3.2 You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of SarahKiki (London) Limited in contract, tort, negligence, statutory duty or otherwise (even where SarahKiki (London) Limited has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
3.2.1 any defect in a product;
3.2.2 any failure by SarahKiki (London) Limited to process signals, data, information, orders or messages correctly or in a timely manner;
3.2.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
3.2.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 3.2.1, to the price of the relevant goods and otherwise to £20. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and SarahKiki (London) Limited becomes liable for loss or damage that could otherwise have been limited.
3.3 You agree and acknowledge that you are in a better position than SarahKiki (London) Limited to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by SarahKiki (London) Limited, and therefore that SarahKiki (London) Limited cannot adequately insure in respect of such liability. You warrant to SarahKiki (London) Limited that you will insure against, or bear yourself, any loss for which SarahKiki (London) Limited has excluded liability.
3.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 5 may not apply to you.
3.5 In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of SarahKiki (London) Limited.
Save to the extent that it falls within the provisions of clause 5, you shall indemnify SarahKiki (London) Limited and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the SarahKiki (London) Limited site or purchase of goods and/or services from that site which are brought or threatened against SarahKiki (London) Limited or suffered or incurred by SarahKiki (London) Limited by another person or entity.
Delivery times quoted are estimates only, and SarahKiki (London) Limited shall not be liable for any delays caused except to the extent caused wilfully or negligently by SarahKiki (London) Limited.
All designs, text, graphics and their selection and arrangement on this site are the copyright of SarahKiki (London) Limited or its content providers. As a visitor to the SarahKiki (London) Limited site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without SarahKiki (London) Limited’s prior written consent is strictly prohibited.
7. TYPOGRAPHICAL AND PRICING ERRORS
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information, received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
8. MATTERS BEYOND OUR REASONABLE CONTROL
SarahKiki (London) Limited shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.