Terms of use & Privacy policy

Terms of Use

These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website. View terms and conditions relating to International delivery. Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service team by e-mail at [email protected]

Use of the website Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

Registration

You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

Indemnity

You agree to indemnify and hold harmless Kaapus, its affiliates and their service providers, and their respective officers, directors, employees, shareholders, licensees, franchisees, affiliates, agents, successors, assigns, retail partners, or any other party involved in the creation, production or transmission of the Website from and against any claims, damages, judgments, expenses, fees, or costs asserted against any of them based upon your use of the Website, or the services provided in relation to the Website, any damage to your computer, telecommunication equipment or other property allegedly arising from access to, use of, or browsing the Website or your downloading of any materials, from the Website.

Our rights

We reserve the right to: Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Third party links

To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Linking to this Web Site

Creating or maintaining any link from another website to any page on this Website without Kaapus's prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without Kaapus's prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.

Accuracy of Information

Kaapus and its affiliated companies attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or recentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Trademarks

Except as otherwise expressly stated on the Website, all trademarks, trade names, trade dress, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names, trade dress, service marks and logos (Intellectual Property) of Kaapus Ltd., and Kaapus is a licensed user of all Intellectual Property. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property without the written permission of the owner.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any virus, worm, time bomb, Trojan horse, automated device, spider, crawler, bot or routine that can collect unauthorized information or interfere with or disrupt the operations of the Website, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Kaapus or its affiliates may have at law or in equity, if Kaapus or its affiliates reasonably determine that you have violated or are likely to violate the foregoing prohibitions, Kaapus may take any action it reasonably deems necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. Kaapus, its affiliates or its service providers will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Kaapus, its affiliates or its service providers to disclose the identity of anyone posting such materials.

User Information

Other than personally identifiable information, which is subject to the terms of the Website's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (User Communications) is and will be considered non-confidential and non-proprietary. Kaapus, its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Kaapus may, but is not obligated to, monitor or review any User Communications. Kaapus shall have no obligations to use, return, review, or respond to any User Communications. Kaapus will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Kaapus retains the right to remove any or all User Communications that includes any material Kaapus deems inappropriate or unacceptable.

Purchase of products Products, Content and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website.

Responsibility for Customs and Import Duties and Clearance Fees

For any orders placed, please note that you are responsible for any customs and import duties and clearance fees (where applicable) in your own country and to check the duties and clearance fees with your local authorities.

Promotions, Offers and Sale

We may from time to time offer promotional offers on purchases made through the Website. All offers and promotions are at Kaapus’s sole discretion and are subject to variation or withdrawal without notice. Offers or promotions cannot be applied to previously ordered items. Offers with a spend threshold always exclude delivery charges. Sale items are not available for reserve. Free returns are not available on sale items. When purchasing two items as part of a 'buy one get one for free' offer the cheapest item is free. All sale items are subject to availability at time of order. Our Sale offer cannot be applied to prior purchases.

Recommendations

When you use our website, you'll see that we offer you recommendations, showing products we think you might like and could perhaps miss when you're browsing the site. These are based on your past purchases, top sellers, ratings and recently-viewed products. We determine your interests and suggest new products you may like; additionally we compare your interests and buying habits with the interests and habits of other customers, to show you relevant products. Your recommendations may change when you make a purchase and move around the site. You might like to add products that interest you to your wish list for future reference. We take reasonable care to ensure our recommendations are in line with your behavior as a customer on Kaapus.com. Details of the products we recommend - such as price - are correct at the time recommendations are originally made to you, but can be subject to change without notice.

Shipping Limitations

When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. In case the product has to be returned (Incase the product is damaged or to be returned for a genuine fault) then the customer will need to have a written confirmation in email by the Kaapus returns department. On the approval of the returns department a pick up will be organized and the product will be replaced. The customer can contact the returns department by sending a mail to [email protected]

Disclaimer

YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED, AS IS, WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER KAAPUS NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEBSITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER KAAPUS NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitations of Liability

Kaapus, its affiliates and their service providers do not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website. IN NO EVENT WILL KAAPUS, ITS AFFILIATES OR THEIR SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

Revisions to these Terms of Use

Kaapus may revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Website. In the event of any conflict between these Terms of Use and any legal notices or terms located elsewhere on the Website, these Terms of Use will control.

Termination

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.