Krishna My Friend Ltd is a trading name of Krishna My Friend Ltd Online, a limited company registered at Unit 24 Highcroft Industrial Estate, Enterprise Rd, Waterlooville, UK. PO8 0BT. Our aim is to provide an exemplary service, where we take the time and effort to provide you with beautiful soft toys, books, prints and accessories. We will, in all aspects, endeavour to solve problems (which will occasionally occur) as quickly and efficiently as possible, with the minimum of fuss for you.
For the avoidance of doubt, we have outlined our Terms and Conditions below.
The continued use of this website and any order placed will be subject to these terms of business, together with our privacy policy. Please:
(a) read these standard terms of business before placing an order;
(b) retain a copy for your records; and
(c) read our privacy policy.
1. Interpretation
The definitions in this clause apply in the terms and conditions set out in this document:
Force majeure event: shall have the meaning given in paragraph 9.
Goods: the products that we are selling to you as set out on your order.
Order: your order for the goods,
Order confirmation: shall have the meaning set out in paragraph 2.5.
Terms: the terms and conditions set out in this document.
Writing: or written includes faxes and e-mail.
Headings do not affect the interpretation of these terms.
2. Basis of Sale
1. These terms and the order are considered by us to set out the whole agreement between you and us for the sale of the goods. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these terms before you submit the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with paragraph 2.5
2. Any samples, drawings, descriptions or advertising we issue, and any colours, descriptions, images, or illustrations contained on our website, are published solely to provide you with an approximate idea of the goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the goods.
3. All samples, drawings, descriptions or advertising we issue, and any colours, descriptions, images, or illustrations contained on our website including website design, text, graphics, underlying source code, and all other material on this web site are copyright Krishna My Friend Ltd. all rights reserved and remain the property of Krishna My Friend Ltd and Paras Morjaria and may not be copied under any circumstance. Any use of materials on this web site – including reproduction for purposes other than those noted above, modification, distribution, or re-publication–without the prior written permission of Krishna My Friend Ltd or Paras Morjaria is strictly prohibited. Any person or persons found in breach of copyright will be dealt with according to current UK law.
4. Our products on our website are officially registered and protected with the UK IPO. Therefore, any use, attempt or copying of the designs of our products is strictly prohibited and any person, or persons, or businesses found in breach of copying our products will be dealt with in accordance to UK IPO Law.
5. If you are a consumer (acting outside your business), you may cancel your order in accordance with your rights under the Distance Selling Regulations.
6. We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you order the goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. The Goods
1. These terms do not affect your legal rights. Advice about your legal rights is available from your local Citizens’ Advice Bureau or trading standards office.
2. We shall not be liable for any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the goods in a way that we or the manufacturers do not recommend, you fail to follow the manufacturer’s and/or our instructions, or any alteration or repair you carry out without our prior written approval.
3. We will take reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.
4. These terms apply to any repaired or replacement goods we supply to you in the unlikely event that the original goods are faulty or do not otherwise conform with these terms.
4. Delivery
1. All UK orders are dispatched via your chosen postal method i.e. first or second class, airmail, recorded etc. by Royal Mail.
2. We reserve the right to change delivery costs and method of postage at any time. In the unlikely event that your product is lost or damaged in transit please contact us via email at admin@krishnamyfriend.com.
3. In the case of non-delivery please wait 15 days from the date of your order in case it has been delayed. In the case of damaged goods please retain the product and contact us within 7 days of receipt.
International Shipping
4. The total cost of your overseas shipping will be automatically calculated and displayed in the purchase pages for you to review prior to confirming and paying for your order. All orders are sent using Royal Mail Airmail Service and your order will be charged shipping according to its weight and size of packaging.
5. For the avoidance of doubt, for international orders we will not be liable for any export or import duties, taxes etc. arising as a result of the goods being sent to a destination outside the United Kingdom. For more information regarding your country’s customs policies, please contact your local customs office.
6.Your international order/s, although unlikely, however may on occasion, be held at custom(s) for further review and screening. This is typically conducted on a random basis. We cannot provide you with any information or guarantee of when you will receive the product(s) if this is the case. Please contact your local custom(s) for an update on this matter if this applies to you.
5. Returns and Refunds
1. In the unlikely event that the goods do not conform with these terms and the order, please let us know as soon as possible after delivery. Subject as set out below, we may ask you to return the goods and once we have checked that the goods are damaged/faulty, we may:
(a) provide you with a full or partial refund; or
(b) replace the goods; or
These terms will apply to any repaired or replacement goods we supply to you.
2. We hope that you will be pleased with your purchase, however you may return your order within seven working days of delivery in accordance with your cancellation rights under the Distance Selling Regulations. For the avoidance of doubt we will not refund your delivery costs when a product is simply unwanted.
3. For the avoidance of doubt, we will not be responsible for delivery costs for the return of goods that have been dispatched outside the United Kingdom.
4. Please contact admin@krishnamyfriend.com for further information. It is advisable for you to obtain a proof of postage when returning items, as they remain your ownership and responsibility until we have received them and acknowledged receipt. In the event that the goods are not in re-saleable condition, we reserve the right not to provide a full refund and you will be responsible for the cost of such goods being returned to you, within 28 days of our notification. This does not affect your statutory rights. Any complaints will be processed and rectified as soon as possible. Personalised, perishable cannot be returned.
Incomplete Deliveries
Krishna My Friend is not responsible for failed deliveries caused by the following scenarios:
- Customer providing the wrong shipping address
- Customer providing incorrect contact information (phone/email), which prevents customs from being able to clear packages
- Failure to accept delivery due to refusal to pay customs and duties
- Failure to pick up package from carrier location after one or two logged delivery attempts by carrier.
6. Title and Risk
1. The goods will be your responsibility from the time of delivery.
2. Ownership of the goods will only pass to you when we receive payment in full of all sums due for the goods, including delivery charges.
7. Price and Payment
1. The price of the goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your order. Prices are liable to change at any time, but price changes will not affect orders that we have confirmed in writing.
2. These prices include VAT. However, if the rate of VAT changes between the date of the order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
3. These prices exclude delivery costs, which will be added to the total amount due. For the avoidance of doubt, we will not be liable for any export or import duties, taxes etc. arising as a result of the goods being sent to a destination outside the United Kingdom.
4. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the goods to you. If the goods’ correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the goods, or reject the order and tell you. For the avoidance of doubt, particularly if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the goods to you at the incorrect (lower) price.
5. Payment for all goods must be made in at time of order by credit or debit card at the time of ordering. We accept payment with Visa, Visa Debit, MasterCard, Solo, Maestro, Visa electron and Paypal.
8 . Limitation of Liability
1. Subject to paragraph 8.2, if either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms.
2. Neither of us shall be responsible for losses that result from our failure to comply with these terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) any waste of time.
However, this paragraph 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
3. This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our
negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by
section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
4. Save as provided in paragraph 8.3, our liability to you under this agreement will not exceed the total value of the order.
9. Events Outside Our Control
1. 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 is caused by events outside our reasonable control (force majeure event).
2. A force majeure event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) failure by our suppliers to supply the goods to us which are required to fulfil your order.
3. Our obligations under these terms are suspended for the period that the force majeure event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the force majeure event to a close or to find a solution by which our obligations under these terms can be performed despite the force majeure event. If we have been unable to resolve a force majeure event within three months we shall be entitled to cancel your order without penalty save for refunding to you the purchase price you have paid.
10. Assignment
1. You may not transfer any of your rights or obligations under these terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms to another organisation, but this will not affect your rights under these terms.
11. Notices
1. All notices sent by you to us must be sent to Krishna My Friend Ltd. Via email at admin@krishnamyfriend.com. We may give notice to you at either the e-mail or postal address you provide to us in the order. Notice will be deemed received and properly served on you 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.
12. General
1. If any court or competent authority decides that any of the provisions of these terms and/or the order are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
2. If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
3. We do not sell products for purchase by children. If you are under 18, you may only use our website and submit an order under the supervision of a parent or guardian.
4. These terms shall be governed United Kingdom law and we both agree to the non-exclusive jurisdiction of the UK courts. For the avoidance of doubt, if you are ordering goods to be sent to a destination outside the United Kingdom you should satisfy yourself that your order complies with the laws of that country.
Pre-order Terms and Conditions
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-order (“Pre-order”) with Krishna My Friend. Please read these Terms carefully before submitting your Pre-Order of any Krishna My Friend Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
1. Pre-Order Reservation
When placing a Pre-order for a Krishna My Friend product/s, you will be required to provide certain information, such as your address and other billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current.
Krishna My Friend shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information.
You acknowledge and agree that Krishna My Friend may decline or delay reservations to avoid oversubscription or as it deems appropriate, we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the purchase price.
2. Price & Payment
You will be charged the full Price of the Products at the time of placing the Pre-Order.
Methods of payment accepted are: (1) Bank Transfer (2) Credit Card Payment (Visa, Visa Electron, Mastercard, Apple Pay, Google Pay, American express, Paypal) The Purchase price does not include import duties, taxes, transfer fees, and other governmental charges, which are Buyer’s responsibility.
3. Priority
Krishna My Friend will send Products according to the order in which the Pre-order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the Terms, your position will be taken by the next person on the Product reservation list.
4. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays due to Covid-19. An estimated time of delivery is only an estimate, is subject to change, and Krishna My Friend does not represent or warrant that it will be able to ship the Products by the estimated date. As a result, in the event that a delay arises and the estimated shipping is not met, Krishna My Friend is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you updated with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your reservation as provided for in Section 5 below.
5. Cancellation
Buyer or Seller may cancel this reservation by terminating the Pre-order at any time for any reason or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the purchase Price without interest. If Krishna My Friend cancels your reservation you will receive a full refund of the Purchase Price without interest.
6. Limitation of Liability
Under no circumstances will Krishna My Friend be held liable for any incidental, special or consequential damages arising out or related to this agreement. In the event that Krishna My Friend is held liable for any damages arising out or related to these Terms, your sole and exclusive remedy will be the full refund of your purchase price without interest.
7. Customer Information
We will use any information that we may collect about you in accordance with our General Terms and Conditions.
8. Change to the “Terms”
Krishna My Friend reserves the right to change any of these terms for any or no reason. We will provide notice of any material changes and, if you are unhappy with such changes, your sole and exclusive remedy will be to cancel your reservation as described in Section 5 above.
