Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘We’, ‘us’ or ‘our’ means Sakata International Limited, a private company limited by shares, incorporated in Gibraltar on 8th August 1962, with company registration number 00510, with registered office at 57/63 Line Wall Road, Gibraltar, GX11 1AA and with principle place of business at 92 Main Street, Gibraltar, GX11 1AA; and
- ‘You’ or ‘your’ means the person using our site to buy goods from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by:
- email sales@sakata.gi (we will respond to emails Monday to Friday: 09:30am to 7 pm and on Saturdays from 10am to 1:30pm (CET)); or
- telephone on (+350) 200 77240 (our opening hours are Monday to Friday: 09:30am to 7 pm and on Saturdays from 10am to 1:30pm (CET))
Who are we?
| Sakata International Limited, a private company limited by shares, incorporated in Gibraltar on 8th August 1962, with company registration number 00510, with registered office at 57/63 Line Wall Road, Gibraltar, GX11 1AA and with principle place of business at 92 Main Street, Gibraltar, GX11 1AA.
The details of this contract will not be filed with any relevant authority by us. |
1.- Introduction
1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 This contract is only available in English. No other languages will apply to this contract.
1.3 When buying any goods you also agree to be legally bound by:
1.3.1 our Website Terms and Conditions of Use and any documents referred to in them;
1.3.2 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods at any time during the online checkout process.
All of the above documents form part of this contract as though set out in full here.
2.- Information we give you
2.1 By law, we must give you certain key information before a legally binding contract between you and us is made. This key information is contained within these terms and conditions and our website.
2.2 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
2.3 We may revise these terms from time to time in the following circumstances:
2.3.1 changes in how we accept payment from you; and
2.3.2 changes in relevant laws and regulatory requirements.
2.4 Every time you order goods from us, the terms in force at that time will apply to the contract between you and us and before placing an order for goods on our site you will first be asked to agree to the most recent T&C for the supply of goods.
3.- Your privacy and personal information
3.1 Our Privacy Policy is available here.
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4.- Ordering goods from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order on the site by adding items to the basket and proceeding to checkout. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
4.3 When you place your order at the end of the online checkout process (e.g. when you click on the ‘pay now’ button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.4 All goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the item you have ordered is not available and we will not process your order if made.
4.5 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.5.1 the goods are unavailable;
4.5.2 we cannot authorise your payment;
4.5.3 you are not allowed to buy the goods from us;
4.5.4 we are not allowed to sell the goods to you;
4.5.5 you have ordered too many goods; or
4.5.6 there has been a mistake on the pricing or description of the goods.
4.6 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.6.1 a legally binding contract will be in place between you and us; and
4.6.2 we will dispatch the goods to you.
4.7 If you are under the age of 18 you may not buy any goods from the site.
5.- Right to cancel
5.1 You have the right to cancel this contract within 14 days without giving any reason. However, this cancellation right does not apply in the case of any item:
5.1.1 damaged whilst in your possession;
5.1.2 made to your specification or clearly personalised; or
5.1.3 which are not suitable for return due to hygiene reasons (e.g. earrings).
5.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, the last good or the last lot or piece, as the case may be.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email) using the contact details at the top of this contract. All cancellation notices sent by post must be sent to 92 Main Street, Gibraltar, GX11 1AA and not to 57/63 Line Wall Road, Gibraltar, GX11 1AA. You may use the model cancellation form available here but it is not obligatory. You may wish to keep a copy of your cancellation notification for your own records.
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5.5 For the purposes of these terms and conditions, your failure to return the goods as they were provided to you (this includes packaging) shall be treated as if the goods were damaged whilst in your possession. In such circumstances you may lose your ability to cancel.
6.- Effects of cancellation
6.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). Reimbursements will be by credit note issued by us unless you request a cash reimbursement.
6.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is as the result of unnecessary handling by you, if the goods are damaged whilst in your possession or if we have incurred any costs as a direct or indirect result of making the goods to your specification.
6.3 We will make the reimbursement without undue delay, and not later than:
6.3.1 14 days after the day we received back from you any goods supplied; or
6.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
6.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.4 If you have requested a cash reimbursement, we will make the reimbursement using 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 the reimbursement.
6.5 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.
6.6 If you have received goods:
6.6.1 you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
6.6.2 you will have to bear the direct cost of returning the goods and the cost of the insurance associated with returning those goods to us; and
6.6.3 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.- Delivery
7.1 We use standard postal services and courier companies to deliver our goods. The various options will be displayed before you place your order.
7.2 The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.5).
7.3 If something happens which:
7.3.1 is outside of our control; and
7.3.2 affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
7.4 Delivery of the goods will take place when we deliver them to the address that you gave to us.
7.5 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
7.5.1 let you know;
7.5.2 cancel your order; and
7.5.3 give you a refund.
7.6 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
7.7 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
7.8 We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, please contact us using the contact details at the top of this page before checking out.
8.- Price & Payment
8.1 We accept the following credit cards and debit cards: Visa, Mastercard, Maestro & JCB.
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3 Your credit card or debit card will only be charged when the goods are ready to be dispatched.
8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.5 If your payment is not received by us and you have already received the goods, you:
8.5.1 must pay for such goods within 5 days; or
8.5.2 must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
8.6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
8.7 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 6.
8.8 The price of the goods:
8.8.1 is in pounds sterling (£)(GBP);
8.8.2 does not include VAT or other applicable taxes which may become due by you in the jurisdiction where you receive the goods; and
8.8.3 does not include the cost of:
(a) delivering the goods (if you want delivery options and costs, visit our webpage before you place your order); and
(b) any gift wrapping.
8.9 The prices of the goods will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of goods on our site are correct at the time when the relevant information was entered onto the system. However, if we discover an error in the price of good(s) you ordered, please see clause 8.13 for what happens in this event.
8.10 Prices for our goods may change from time to time, but changes will not affect any order which we have confirmed with a Confirmation Email.
8.11 Our site contains a large number of goods. It is always possible that, despite our best efforts, some of the goods on our site may be incorrectly priced. If we discover an error in the price of the goods you have ordered we will inform you of this error and we will give you the option of continuing to purchase the goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect (lower) price.
9.- Nature of the goods
9.1 The packaging of the goods may be different from that shown on the site.
9.2 While we try to make sure that:
9.2.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small discrepancy in such weights, sizes and measurements of the goods; and
9.2.2 the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use.
9.3 Any goods sold:
9.3.1 at discount prices;
9.3.2 as remnants; or
9.3.3 as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
10.- End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
11.- Limit on our responsibility to you
11.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
11.1.1 losses that:
(a) were not foreseeable to you and us when the contract was formed;
(b) that were not caused by any breach on our part;
11.1.2 business losses; and
11.1.3 losses to non-consumers.
11.2 We do not in any way exclude or limit our liability for any breach of the terms implied by section 15 to 17 of the Sale of Goods Act 1895.
11.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that are caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.4.
11.4 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.5 If an Event Outside Our Control takes place that affects the performance of our obligations under these terms and conditions:
11.5.1 we will contact you as soon as reasonably possible to notify you; and
11.5.2 our obligations under these terms and conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.- Disputes & Governing law
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with:
12.2.1 the goods;
12.2.2 our service to you; or
12.2.3 any other matter,
please contact us as soon as possible.
12.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
12.3.1 let you know that we cannot settle the dispute with you; and
12.3.2 give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr
12.4 If you want to take court proceedings, the courts of Gibraltar will have exclusive jurisdiction in relation to this contract.
12.5 The laws of Gibraltar will apply to this contract.
13.- Other important terms
13.1 No one other than a party to this contract has any right to enforce any term of this contract.
13.2 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.3 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.