By ordering any of the goods from our website, you agree to be legally bound by the Terms and Conditions as set out below.
We reserve the right to revise and amend the website, our disclaimers and the conditions at any time without notice to you. Your continued use of our website (or any part thereof) following a change shall be deemed to be your acceptance of such change.
It is your responsibility to check regularly to determine whether we have changed these conditions.
Intellectual Property Rights means copyright, patents, know-
(a) whether registered or not;
(b) including any applications to protect or register such rights;
(c) including all renewals and extensions of such rights or applications;
(d) whether vested, contingent or future;
(e) to which the Party licensing those rights or its licensor are or may be entitled; and
(f) wherever existing;
The designs on this website are the legal and intellectual property of Kando Pictures Limited (trading as Kando Creations and Hazel Woodcraft) and anyone who copies or uses our designs without prior permission will be subject to legal action.
1 Intellectual Property Rights
1.1 Database Intellectual Property Rights
The User acknowledges that all Intellectual Property Rights in the Database are and shall at all times remain the property of the Provider.
1.2 Data Intellectual Property Rights
1.2.1 All Intellectual Property Rights in the Data, all amendments or additions to the Data, and databases and other compilations including any of such, belong to the User. The Provider may use all such rights only under theseConditions.
1.2.2 The User grants the Provider a licence to use, edit, create databases from, copy and store the Data solely to perform, and for the Term of, these Conditions.
1.2.3 The Provider hereby assigns to the User all Intellectual Property Rights which currently, or may in future, exist in theData and any amendments or additions to, and databases and other compilations of, the Data and, in each such case, so far as any of those vest in the Provider, its employees or subcontractors.
1.3 Other Intellectual Property Rights
1.3.1 Save for the Data, the User acknowledges that all Intellectual Property Rights in the Service including the Database,Software, the Schema, the Documentation and all related manuals as between the Provider and the User are and shall at all times remain the property of the Provider or its licensors. No rights to or property in the Service shall pass to theUser. No right to modify, adapt or create derivative works from the Service or any part of it is granted to the User.
1.3.2 The Provider grants to the User , where relevant, a licence to use the Databases, Software, Schema and Documentationfor and to the extent required by it or them to enjoy the Services only for the term of these Conditions.
1.4 If any action or proceeding is brought against the User in respect of any alleged infringement of any Intellectual Property Right in respect of the Service by a third party, or against the Provider in respect of any alleged infringement of any Intellectual Property Right in respect of the Data (in each case, an IPR Claim) then the Provider or User, as appropriate shall indemnify the other Party from and against all costs, damages, liabilities, and losses agreed to be paid by way of settlement or compromise by, or finally awarded against the other Party as a result of or in connection with an IPR Claim provided that:
1.4.1 the indemnified Party shall notify the other Party in writing of any such allegation or claim within five Business Daysafter becoming aware of the same;
1.4.2 the indemnified Party shall make no verbal or written admission relating to the IPR Claim without the prior written consent of the other Party, such consent not to be unreasonably withheld or delayed; and
1.4.3 the indemnifying Party (or any person nominated by it) shall at its own expense be entitled to conduct and/or settle all negotiations and litigation so arising and the indemnified Party shall at the other Party’s expense give to the otherParty (or any person nominated by it) such reasonable assistance in connection therewith as the indemnifying Partyfrom time to time may reasonably request.
1.5 The exclusions and limitations under condition 11 shall not apply to the indemnity under condition 8.4.
1.6 In the event of any claim or allegation in respect of breach of any Intellectual Property Rights being made in respect of theService, the Provider may:
1.6.1 obtain the right for the User to continue using the Service in the manner permitted under these Conditions; or
1.6.2 modify the Service so as to avoid the alleged infringement provided that such modification shall not, in the reasonable opinion of the User, materially detract from the overall performance of the Service.
1 Rights and liabilities
1.1 The Provider may subcontract the performance of any or all of its duties and obligations under these Conditions as it shall in its absolute discretion consider necessary or expedient, provided that the Provider remains liable for the acts and omissions of those subcontractors as if they were its own.
1.2 The liability of the Provider to the User in respect of all other claims, losses or damages, whether arising from contract, tort (including negligence) or otherwise under or in connection with these Conditions arising in any Operating Year (where, for a series of connected claims, the Operating Year in question shall be the Operating Year of the first event giving rise to a claim), shall in no event exceed the aggregate of all Fees paid by the User in that period and payable for Services delivered by theProvider in that period.
1.3 Subject to conditions 11.2, neither Party will be liable to the other Party for:
1.3.1 any indirect, special or consequential loss or damage; or
1.3.2 any loss of profits, turnover, data, business opportunities, anticipated savings or damage to goodwill (whether direct or indirect) unless by virtue of the User breaching any part of these terms.
1.4 Neither Party limits its liability for:
1.4.1 death or personal injury caused by its negligence, or that of its employees, agents or sub-
1.4.2 fraud or fraudulent misrepresentation by it.
1.1 Each Party shall keep confidential all information of the other party relating to the Database, the contents of these Conditions, or the business of the other Party. For the purposes of this condition, any Data provided by the User to the Provider shall be deemed to be confidential information of the User and shall not be disclosed save as contemplated by these Conditions and the provisions of the Service. The provisions of this condition shall not apply to:
1.1.1 any information which was in the public domain at the Commencement Date;
1.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of these Conditions;
1.1.3 any disclosure required by law or a Competent Authority or otherwise by the provisions of these Conditions; or
1.1.4 any Data which a User designates as public information.
1.2 The foregoing confidentiality obligations shall remain in full force and effect notwithstanding the expiry or earlier termination of the Agreement.
2 Force Majeure
2.1 A Party will not be liable if delayed in or prevented from performing its obligations under these Conditions due to a Force Majeure Event, provided that it:
2.1.1 promptly notifies the other of the Force Majeure Event and its expected duration, and
2.1.2 uses reasonable endeavours to minimise the effects of that event.
2.2 If, due to a Force Majeure Event, a Party:
2.2.1 is or is likely to be unable to perform a material obligation, or
2.2.2 is or is likely to be delayed in or prevented from performing its obligations for a continuous period of more than 30 days,
the other Party may, within 5 Business Days terminate these Conditions on notice.
3.1 Compliance with law
Each Party shall comply and shall (at its own expense unless expressly agreed otherwise) ensure that in the performance of its duties under these Conditions, its employees, agents and representatives will comply with all applicable laws and regulations, provided that neither Party shall be liable for any breach to the extent that such breach is directly caused or contributed to by any act or default of the other Party or its employees, agents and representatives.
The Parties are independent businesses and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.
Provisions which by their terms or intent are to survive termination hereof will do so.
The Provider may vary Conditions by 30 days prior notice to the User, either directly or by means of a notice within theService by any log-
The un enforceability of any part of these Conditions will not affect the enforceability of any other part.
Failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of these Conditionsshall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of these Conditions.
3.7.1 Notices under these Conditions will be in writing and sent to the person and address in condition 3.2. They may be given, and will be deemed received:
(a) by first-
(b) by e-
(c) by electronic communications by means of the Service (for notices by the Provider)
(d) Notices, other than those under conditions 3.1. will be sent to the registered office of the Provider from time to time and to the notified address of the User
3.8 Equitable relief
Each Party recognises that its breach or threatened breach of these Conditions may cause the other irreparable harm, and that the other may therefore be entitled to injunctive or other equitable relief.
In respect of any indemnity given by either Party under these Conditions, the Party that receives the benefit of the indemnity shall take all reasonable steps so as to reduce or mitigate the loss covered by the indemnity.
3.10 Rights of third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999, these Conditions are not intended to and do not give any person who is not a party to them any right to enforce any of the provisions. However, this does not affect any right or remedy of such a person that exists or is available apart from that Act.
4 Dispute resolution
4.1 The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with these Conditions within twenty (20) Business Days of either Party notifying the other of the dispute.
4.2 Nothing in this dispute resolution procedure shall prevent the Parties from seeking from any court of competent jurisdiction an interim order restraining the other Party from doing any act or compelling the other Party to do any act.
4.3 If the dispute cannot be resolved by the Parties pursuant to condition 4.1, the Parties shall refer it to mediation pursuant to the procedure set out in condition 4.5 unless either Party does not agree to mediation.
4.4 The obligations of the Parties under these Conditions shall not cease, or be suspended or delayed by the reference of a dispute to mediation (or arbitration) and each Party, its subcontractors and their officers, employees and agents shall comply fully with the requirements of these Conditions at all times.
4.5 The procedure for mediation and consequential provisions relating to mediation are as follows:
4.5.1 A neutral adviser or mediator (the Mediator) shall be chosen by agreement between the Parties or, if they are unable to agree upon a Mediator within ten Business Days after a request by one Party to the other or if the Mediator agreed upon is unable or unwilling to act, either Party
shall within ten Business Days from the date of the proposal to appoint a Mediator or within ten Business Days of notice to either Party that he is unable or unwilling to act, apply to the Chairman of the Civil Mediation Council to appoint a Mediator.
4.5.2 The Parties shall within ten Business Days of the appointment of the Mediator meet with him in order to agree a programme for the exchange of all relevant information and the structure to be adopted for negotiations to be held. If considered appropriate, the Parties may at any stage seek assistance from the Chairman of the Civil Mediation Council to provide guidance on a suitable procedure.
4.5.3 Unless otherwise agreed, all negotiations connected with the dispute and any settlement agreement relating to it shall be conducted in confidence and without prejudice to the rights of the Parties in any future proceedings.
4.5.4 If the Parties reach agreement on the resolution of the dispute, the agreement shall be recorded in writing and shall be binding on the Parties once it is signed by their duly authorised representatives.
If the Parties fail to reach agreement in the structured negotiations within sixty (60) Business Days of the Mediator being appointed, or such longer period as may be agreed by the Parties, then any dispute or difference between them may be referred to the courts.
5 Governing Law
These Conditions and any Agreement are governed by the law of England and Wales.
6 Entire agreement
6.1 Any Agreement shall incorporate these Conditions to the exclusion of all others. These Conditions and the Order Form, together with the documents referred to in them, constitutes the entire agreement and understanding between the Parties in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between the Parties in relation to such matters notwithstanding the terms of any previous agreement or arrangement expressed to survive termination.
6.2 Each of the Parties acknowledges and agrees that in entering into the Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) other than as expressly set out in these Conditions and any document referred to in them. The only remedy available to either Party in respect of any such statements, representation, warranty or understanding shall be for breach of contract under the terms of these Conditions.
6.3 Nothing in these Conditions shall operate to exclude any liability for fraud.
7 Product Styles and Dimensions
We manufacture all our products to a very high standard. However, due to the natural characteristics of wood, variations in colour, shape and size may occasionally occur. All measurements are approximate and we reserve the right to change measurements and descriptions at any time.
Sales Tax means any sales, purchase or turnover tax as may be applicable in any relevant jurisdiction, including, without limitation, value added tax chargeable under or pursuant to legislation implementing the EC Sixth Directive (77/388/EEC);
Unless otherwise stated, the prices quoted exclude VAT at the current rate but exclude delivery costs which will be added to the total amount due from you.
Prices for delivery are quoted for delivery in the United Kingdom mainland unless otherwise specified.
Details of our delivery charges can be located on our website. See DELIVERY policy.
First order placed will be pro forma subsequent orders will be terms of 30 days from receipt of goods / despatch of goods.
30 day terms may be revoked by us at any time and returned to pro forma.
By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
Payment will be debited and cleared from your account before the dispatch of the goods to you under pro forma. We shall contact you should any problems occur with the authorisation of your card.
We are VAT registered, our VAT number is 130515262.
A VAT invoice is automatically provided to all customers, you do not need to request this.
We do not supply goods without charging VAT.
The goods will be delivered to you at the address you provided during the order process which must be the address that is the billing address of your payment card. We cannot accept any liability for late or failed deliveries if the address given is incorrect or incomplete.
Orders over £100 before Vat will be delivered free of charge to one address.
Orders under £100 before Vat will have a flat £7+Vat charged / delivery address.
Goods will be dispatched with economy/ standard delivery. This can be upgraded to first class/ tracked etc at cost to the buyer.
12 Website Use
You are permitted to use the Website and the material contained in it only as expressly authorised by us.
13 External Links
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. 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 in any way, whether directly or indirectly, for:
The privacy practices of such websites
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
The use which others make of these websites; or
Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
14 Linking to the Website
You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
We have no obligation to inform you if the address of the website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
15 Environment Policy
We recognise the importance of environmental considerations and as such endeavour to use wood in our manufacturing that has been sourced from FSC sustainably managed forests. Where possible waste is used as heating fuel.
17 Fair use of design time / first order
We will design and deliver your first order free of design fees and postage costs all you the purchaser will have to pay for is the product. Subsequent orders are subject to our delivery costs.
Whilst every effort is made to make designs correct for the purchaser we reserve the right to refuse to make more changes / amendments. This is at the discretion of Kando Creations and its parent company.
This Website is owned and operated by Kando Pictures Limited, a Limited Company (trading as Kando Creations and Hazel Woodcraft) and registered in England and Wales.
Company No: 07906285
Registered office: First Floor 2 Woodberry Grove, North Finchley, London N12 0DR.
VAT Number is: 130515262.
Our business address is: Unit 20 Thetford Road Business Park,
All Rights Reserved. Copyright Kando Pictures Ltd.