COMO SHAMBHALA (UK) LIMITED, trading as COMO SHAMBHALA (referred to in these Terms as "we", or "us"), is a company registered in England and Wales, whose registered number is 4038257 and whose registered address is at 5th Floor 239 High Street Kensington, London, W8 6SA.
Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please use the contact details set out below:
Post: COMO SHAMBHALA, 239 High Street Kensington, 5TH Floor, London, W8 6SA
Your use of the website
You agree to use the Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else's use and enjoyment of the Website.
You are permitted to download and print content from the Website solely for your own personal use. Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.
All Product descriptions and illustrations shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly.
All prices shown on the Website are in pounds sterling and inclusive of UK Value Added Tax (“VAT”) at the relevant rate where applicable. Prices shown on the Website do not include delivery, packaging or other charges, which will be added to any order you place.
For international deliveries, you may be subject to import duties and taxes, which are levied once the package reaches your country. Any additional charges for custom clearance must be borne by you.
Whilst we use reasonable endeavours to keep prices up-to-date on the Website, we reserve the right to alter prices at any time. Any change in price will be communicated to you prior to delivery of the relevant Products.
You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to (i) the Products and (ii) the Website ("IPR")
If any IPR existing in (i) the Products and/or (ii) the Website vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to (i) the Products and/or (ii) the Website. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms or to establish, perfect, preserve or enforce our rights under these Terms.
You also acknowledge that you are only permitted to use the Products for your own domestic purposes and that you were not permitted to copy or use the Products, for any other purposes including, for example, any business purposes or to copy or disseminate, for commercial purposes, the Products to any other persons.
How to order products
When you have found a Product on the Website that you would like to buy, please click on the button labelled "add to cart". This will add your Product to a virtual "shopping cart". You can then proceed to pay for the Products in your virtual shopping cart by clicking on the button labelled "Checkout". Alternatively, you can continue browsing the Website and add additional Products to your virtual shopping cart.
You can see what Products are in your virtual shopping cart at any time by clicking on the button labelled "add to cart". To return to the shop, click on the link labelled "continue shopping". If you wish to remove a Product from your virtual shopping cart, click on the button labelled "remove" by the product. You can pay for the Products in your virtual shopping cart at any time by clicking the button labelled "check out".
When you place an order to purchase a Product from us, your order represents an offer to us to purchase that Product, which we reserve the right to refuse, and which does not represent a legally binding contract. Whilst we will do our best to fulfil your order (once it is accepted), we cannot guarantee to do so (for example, where we are out of stock, where your card issuer declines to authorise your payment or where Products have been incorrectly priced on our Website). Your offer is accepted by us and becomes binding only when we expressly confirm your order in writing (either by invoice submitted with Products delivered, e-mail or otherwise).
Payment for the products
Do not send any card details unencrypted via email to COMO Shambhala. Provide passwords to known/verified recipient via the telephone only. Any files containing card data sent to COMO Shambhala must be encrypted and password protected
All Products will remain our property until we have received payment in full for your order.
We accept all major credit cards except Diners. All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (including e-mail) that we have done so. If you have already received the Products you ordered from us, you must return those Products to us in the same condition that you received them at your own expense. If you fail to do so within 2 (two) weeks of our cancelling your order, we may arrange for collection of the Products at your expense.
If we cannot supply you with the Products that you have ordered for whatever reason, we will cancel your order and inform you of this as soon as reasonably possible. Similarly, we may decline or be unable to process your order if your credit or debit card does not give authorisation for the payment of the Products or that you are ineligible to take delivery of the Products set out under “Delivery of the Products”. We will give you a full refund where you have already paid for the Products.
Delivery of the products
At this point in time, we are only able to deliver Products to addresses in the EU member states and the USA (excluding the States of New Jersey, Alaska and Hawaii)
Orders are shipped Monday through Friday, excluding public holidays. Any orders placed on Saturday or Sunday will be shipped the following week.
All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you when they are delivered to the delivery address specified in your order.
We shall not be liable for any delay or failure to deliver Products if the delay or failure is wholly or partly caused by circumstances beyond our control.
We aim to process and despatch Products within 5 working days from the date on which we accept your order. If you are still waiting for the delivery of your Products after 14 days following your order acceptance confirmation, please contact us by email at email@example.com
Cancellations and refunds
In accordance with the applicable law, we provide a "no questions asked" cancellation policy provided that you cancel your order with us:
before the Products are delivered to you; or
within 7 working days of receiving the Products.
If you cancel your order with us, you must return any Products received at your cost by registered post to the following addresses:
UK Returns Department
COMO SHAMBHALA RETURNS DEPARTMENT
239 High Street Kensington,
5TH Floor, London, W8 6SA
USA Returns Department
COMO SHAMBHALA RETURNS DEPARTMENT
COMO Holdings USA Inc.,
401 Park Avenue South,
9th Floor, New York, NY 10016
If you have received the Products and wish to cancel your order, you must take reasonable care of the Products and not use them. Prior to returning any Products to us, please contact us by email firstname.lastname@example.org or telephone us (between Monday to Friday, 9am to 5.30pm UK time) using the number set out at the top of these Terms (quoting your transaction reference) and we will give you a unique returns identification number to quote that is required when you return the Products to us.
Products should be returned to us in the same condition that you received them, quoting the unique returns identification number, at the address set out above in these Terms. If you return any Products, we will not be responsible for any loss or damage to them in transit and, for this reason, we request you use recorded delivery service and keep receipt as proof of postage. If Products are lost or damaged in transit, we reserve the right to charge you for such loss or damage.
Any postage costs incurred when returning the Products to us are to be borne by you unless:
the Products were already damaged on receipt by you; or
the Products were incorrectly supplied to you.
You should check all Products you receive against your order. If you receive Products that are damaged or incorrectly supplied then you must note the details of any damage or error in supply on the delivery documentation and it will be your responsibility to notify us in writing (which may include e-mail) of the damage or incorrect supply within 7 working days of delivery.
You must return the Products to us, quoting the unique returns identification number, as soon as possible after notifying us that the Products are damaged or have been incorrectly supplied. Subject to you complying with these requirements, we will then, at your option, either provide a replacement or you may cancel your order.
Please note that we will not accept the return of any damaged or incorrectly supplied Products where you fail to notify us of this within 7 working days of receiving them.
Products bought from our stockists and on-line partners will need to be returned to them directly.
If you cancel your order in any of the circumstances set out above, we will refund any money paid by you for the Product(s), which have been delivered to you and are returned to us, in full. Any refunds given by us will be made to the debit/credit card account provided when you placed your order.
Notwithstanding the foregoing, any offer of a free gift as promotional and or marketing exercise cannot be returned for refunding or cash alternatives. Should you return your order for a full refund, you will also have to return the free gift.
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with the use of this website or the information, content, materials or Products.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage in connection with any Products which we have supplied to you shall be limited to the sums paid or payable for such Products.
Except in respect of death or personal injury caused by COMO SHAMBHALA’s negligence, and to the fullest extent permitted by law, neither COMO SHAMBHALA nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website or the information, content, materials or Products.
We will not be liable to you where we breach these Terms due to any cause that is beyond our reasonable control, including Acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
This clause does not affect your statutory rights as a consumer.
We provide the content on the Website in good faith but give no warranty or representation that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be uninterrupted or error free and disclaim all liability in respect thereof.
This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party.
We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Website with immediate effect if you breach any of these Terms.
Nothing in these Terms shall limit our liability for personal injury or death.
Amendments to these terms
We may update or amend these Terms from time to time to comply with English law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website. By continuing to use the Website or ordering any further Products from us, you agree to be bound by the terms of these updates and amendments. These Terms were last updated on 4 June 2012.
Other Important terms
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms shall not constitute a waiver by us of that right. Any waiver must be agreed by us in writing.
These Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the English courts.