contact term & conditions
LAST UPDATED: FEBRUARY 17, 2022
These general terms and conditions of s ale (“General Terms and Conditions of Sale” or “Terms”) apply to any order you place through https://www.kawayancollection.com/ (“Website”). These General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which Kawayan (as defined below) makes the Website available to You at home or on the move. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety and you agree to be bound by them. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Please find below information regarding:
• Seller identity
• Opening an account and placing an order
• Acceptance of your order
• Your right to cancel
• Damaged or incorrectly supplied products
• Product and service description
• Legal compliance and intellectual property
• Liability and other legal terms
The seller on record for all contracts for the purchase and sale of Kawayan products from the Website is Tapir Ltd. (“Kawayan” “we”, “our” or “us”). Kawayan will take your payment and approved carriers will deliver your orders.
OPENING AN ACCOUNT AND PLACING AN ORDER
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
ACCEPTANCE OF YOUR ORDER
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order (“Confirmation Notice”). Our acceptance of your order will take place only when we despatch the product(s). This will be no later than 1 week after we have received payment from you. Prior to despatch of the product(s), Kawayan has the right to decline an order at its discretion and for any reason (for example, this may happen for legal or regulatory reasons or for reasons related to availability or stock). Kawayan shall have no liability to you as a result of such refusal of any such order submitted.
The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to return the products.
If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible, but in any event no later than 14 days after receipt of your payment.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Kwawyan and the approved carriers have the right to stop or cease to fulfil the order at any time, including after dispatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Kawayan and the approved carriers shall not incur any liability in such circumstances.
Prices for the products are available on the Website, but (i) duty charges may be applied at the discretion of customs (and these charges differ from country to country and are the customer's responsibility), and (ii) shipping fees are excluded from the price of the product and shall be added to the total amount before finishing the order.
You may pay by third party tools that we offer (for example, PayPlus) or another alternative payment method specified as part of the checkout process. The availability of a certain payment method may depend on your geographical location. You will not be able to pay using American express.
Kawayan may change the prices and the payment methods at any time but this will not affect orders with respect to which we have already sent you a Confirmation Notice.
If you place an order on our Website, then you acknowledge and agree that: (i) Kawayan will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent or have the relevant rights to do so; (iii) that Kawayan may use tools, software or services of payment processors to process transactions on their behalf; and (iv) if your payment is not received by Kawayan for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that Kawayan reasonably prescribes.
Payment shall be made in United Stated dollars (US$) or in New Israeli Shekels (NIS) (as available in your region and/or for the selected product). The price of products is calculated according to the rate of exchange between the base currency on our Website and the currency that you select as part of the purchase process at the time you place your order. Kawayan reserves the right to update such exchange rates regularly at its sole discretion, and you acknowledge that such updates may affect product pricing on the Website. You will be charged according to the applicable exchange rate at the time you place your order via the Website.
Kawayan may choose the carriers at its discretion. You will find full details of our delivery periods and delivery charges upon submitting the order. If no fixed date or timeline has been agreed upon, our deliveries are performed within a maximum period of 30 days. Within two (2) business days after Kawayan delivers the products to the carrier, Kawayan will send to you all shipping documents including the commercial invoice, packing list, and air waybill to release the products to your custody.
Please note that certain products may be subject to alternative delivery charges, restrictions and/or timescales. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, Kawayan reserves the right to deduct the cost for returning products to the Kawayan returns center from the customer's refund for the order.
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.
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.
YOUR RIGHT TO CANCEL AND RETURN
You may cancel your order within 30 minutes as of the Conformation Notice, however you may have cancellation rights governed by local legislation. Nothing in these General Terms and Conditions of Sale will affect these statutory rights.
To the maximum extent permitted by law, Kawayan does not accept returns, however, you may ask for return within fourteen (14) days as of the delivery date, provided that the destination country of such delivery is the United States of America.
DAMAGED OR INCORRECTLY SUPPLIED PRODUCTS
You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time. You must return the products to us as soon as possible, through mail or courier, after informing us that the products are damaged or have been incorrectly supplied. You shall bear all expenses of the delivery costs, unless we have advised otherwise in writing.
In the case of damaged or incorrectly supplied goods, we will offer you a refund. Any refunds will be given by Kawayan and will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection.
PRODUCT AND SERVICE DESCRIPTIONS
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
• orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
• all prices are displayed in the available currencies and local tax where applicable unless expressly indicated otherwise;
• packaging may vary from that shown on the Website;
• the weights, dimensions and capacities shown on the Website are approximate only;
• whilst we try to display the colors of our products accurately on the Website, the actual colors you see will depend on your monitor and we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery; and
• all items are subject to availability. We will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value.
LEGAL COMPLIANCE AND INTELLECTUAL PROPERTY
You agree that you will not use, sell or supply any product(s) purchased from Kawayan in an unlawful manner and, in particular, will comply with all export controls and sanctions rules. All right, title and interest to any intellectual property rights embodied in the Kawayan products, and Website, and all related documentation, protocols, inventions, works of authorship, derivative works, developments or improvements thereof shall remain with Kawayan. Any rights not expressly granted in these Terms are hereby reserved by Kawayan. For the avoidance of doubt, you acknowledge that you are not granted any right or license (whether by implied license, estoppel, patent exhaustion, operation of law, or otherwise) regarding any of Kawayan’s intellectual property rights.
LIABILITY AND OTHER LEGAL TERMS
Nothing in these General Terms and Conditions of Sale limits or excludes our liability for any matter that cannot be limited or excluded by applicable law. Nothing in these General Terms and Conditions will affect your statutory rights and, in particular, we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill.
WE WILL NOT BE LIABLE TO YOU IF WE ARE PREVENTED OR DELAYED FROM COMPLYING WITH OUR OBLIGATIONS UNDER THESE GENERAL TERMS AND CONDITIONS OF SALE BY ANYTHING YOU (OR ANYONE ACTING ON YOUR BEHALF) DOES OR FAILS TO DO OR DUE TO EVENTS WHICH ARE BEYOND OUR REASONABLE CONTROL. WE ACCEPT NO LIABILITY FOR ANY LOSSES OR DAMAGES WHICH ARE NOT REASONABLY FORESEEABLE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE (INCLUDING, FOR EXAMPLE, REGARDING ACCIDENTS, ACTS OF GOD, ACTS OF THE PUBLIC ENEMY, EARTHQUAKES, FIRE, FLOOD, PANDEMIC AND EPIDEMIC STRIKES, RIOTS, CIVIL COMMOTION, WAR (DECLARED OR NOT), SHORTAGE OF ENERGY OR WATER, POWER FAILURE). THE DELAYED PARTY SHALL SEND WRITTEN NOTICE OF THE DELAY AND THE REASON THEREFOR TO THE OTHER PARTY AS SOON AS POSSIBLE AFTER THE PARTY DELAYED KNEW OF THE CAUSE OF DELAY IN QUESTION.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). WE CANNOT ACCEPT LIABILITY FOR DAMAGE TO PRODUCTS WE HAVE SUPPLIED WHICH IS CAUSED BY YOUR FAILURE TO FOLLOW THIS ADVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN ANY EVENT WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSSES RELATED TO ANY BUSINESS OF YOURS INCLUDING (WITHOUT LIMITATION) LOST DATA, LOST PROFITS, LOST REVENUES OR BUSINESS INTERRUPTION. THE AGGREGATE LIABILITY OF KAWAYAN UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO KAWAYAN UNDER THE PURCHASE ORDER IN WHICH THE LIABILITY AROSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING EXCLUSIONS AND LIMITATION SHALL APPLY EVEN IF KAWAYAN HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS, EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHER CONTRACT OR TORT LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND TERMS (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET POSSESSION, NON-INFRINGEMENT, TITLE, QUALITY OF SERVICE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY KAWAYAN AND ITS LICENSORS AND SUPPLIERS.
If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Other legal notices. There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms govern your use of this Website.
Assignment and Third Party Rights. 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. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party. To the maximum extent permitted by law, no third party shall be entitled to enforce any of these Terms.
Waiver. No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Severability. 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.
Entire Agreement. These Terms and any document expressly referred to in them set out the entire agreement between you, Kawayan and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Governing Law and Jurisdiction. Any matters that arise out of your use of this Website (including any contract entered between you and us through the Website and any related dispute) shall be governed by the laws of Israel and, to the maximum extent permitted by law, subject to the exclusive jurisdiction of the courts of Tel Aviv, Israel. In no case may this governing law and jurisdiction prejudice the level of a consumer’s protection ensured by the laws of your country of residence.
Changes to these Terms. To the maximum extent permitted by law, we reserve the right to change and update these Terms from time to time and recommend that you revisit this page regularly to keep informed of the current Terms that apply to your use of the Website. In the event of a material change or an update to these Terms we will flag it in an appropriate way on the Website. To the maximum extent permitted by law, by continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms.