1. TERMS OF CONTRACT
K12, sells the products listed in this website (“Products”, which expression shall as the context admits refer to all or any of such Products) exclusively upon the terms set out below (the “Terms”). The “Purchaser” shall refer to any person, firm, company or other organization placing an order for any products. The placing of an order or acceptance of the products is deemed to constitute an agreement to observe and be bound by the terms and any concession, latitude or wavier that may be or may have been allowed by K12 at any time shall not prevent K12 subsequently exercising its full rights under the Terms. “Time will not be the essence of the contract”. Part and late deliveries will not, therefore, be a justification for withholding payment in any case.
a. All orders should be sent direct to K12 via the relevant sections in the website www.K12org.com and the chosen webshop.
b. Once an order is confirmed, the Purchaser is obliged to pay the agreed price and adhere to the payment terms of the order.
c. No part of K12 artwork, designs and ideas may be disclosed in any manner to a third party. All material, information, text, graphics, illustrations and photos remain the intellectual property of K12.
d. All description and other details provided in relation to goods are subject to confirmation by us and may be changed without notice. All sizes are approximate “to fit “sizes and are given as a general guidance only. Color, shades, materials and sizes of goods may vary to a minor extent from those illustrated.
Products will be invoiced at the price ruling at the date of purchase. Prices given by K12 include, the product and packaging. Products will be delivered to the Purchaser by a reasonable method and route chosen by K12 unless otherwise requested. The Purchaser shall bear all costs invoiced by K12 in respect to the method of delivery.
4. DISCOUNT, PAYMENT TERMS AND OVERDUE ACCOUNTS
a. Cleared payment for Products is due in full at the time of purchase.
b. Without prejudice to any other right of K12, K12 reserves the right to withhold delivery of all products to the Purchaser if any sum owing to K12 from the Purchaser is overdue until such sum is paid in full together with any interest due thereon.
c. On all orders K12 requires 100% of payment before dispatch.
d. K12 reserves the right to negotiate independent settlement terms for any new accounts or where special circumstances prevail. These terms to be confirmed in advance and confirmed in writing.
5. SHORTAGES, DAMAGE, RETURNS
a. If upon delivery any Products ordered by the Purchaser is found to be missing or damaged K12 will use its reasonable endeavors to assist the Purchaser in making a claim against the carrier by showing that the relevant Products were delivered to the carrier in sound condition provided that the Purchaser notifies K12 and the carrier of all relevant details in writing within 48 hours of such delivery. Failure to take action within such time will render such assistance by K12 entirely discretionary.
b. Notification of an order issue must be made to K12 within 72 hours of order receipt. Delivering the item to the relevant Head of section at UISG school campus, or returning the item to K12 within the 72 hour time frame, without prior email notification, is deemed acceptable notification.
c. K12 will not be responsible for any product damaged through use by the Purchaser.
d. The product must be unused. Exchanges will not be accepted if any name has been put onto the garment; if labels have been removed from the garment; if it is believed that the garment has been worn and laundered; if the garment is or has been soiled, stained, damaged or torn by the wearer. If the garment breaches any of these conditions, it will be returned to the Purchaser and the return postage will be charged.
e. Once K12 has been notified of a returning garment (within the required 72 hours of receipt the garment), the garments must be received by K12 within 10 days. In the event that K12 does not receive the item within 10 days of notification, the sale is deemed final and K12 will be under no obligation to exchange the garments.
f. K12 strongly recommends items are returned by recorded delivery. K12 DOES NOT accept any responsibility for items lost or damaged in return transit.
g. K12 shall be under no obligation to accept returned Products (unless such Products breach any warranty/contract given before the agreement of the sale) but may in its absolute discretion do so by prior agreement with the Purchaser. If K12 does so agree then the Purchaser must return such Products carriage paid and provide to K12 under separate cover the date and the number of the relevant invoice and (if possible) return the relevant delivery note.
h. For the avoidance of doubt, K12 shall not be responsible for the acts or omissions of any carrier.
i. Whilst every effort will be made to deliver all pre-made orders within 72 hours (within Guangzhou), or where quoted a different time, this is not contractual.
6. FORCE MAJEURE
K12 shall not be liable to the Purchaser for any inability to perform or delay in performing any of its obligations hereunder where such inability or delay as aforesaid is caused (directly or indirectly) by any event or circumstance beyond K12’s reasonable control including (but without Limitation) any trade dispute, strike or lock – out involving its own employees or the employees of any supplier or carrier.
a. In no circumstances shall K12 be liable to the Purchaser, their sub-contractor, sponsor or any third party, either in contract or in tort, for any indirect, incidental or consequential loss suffered by the Purchaser on account of any faulty products, act or omission on the part of K12. “Consequential loss” shall include loss or profit, goodwill or any other financial loss, any payment made or due to the third party, and any loss or damage caused to any property belonging to the Purchaser or any third party.
8. RISK AND TITLE
Risk in the Products shall pass to the Purchaser at the time the Products are consigned to the carrier for delivery to the Purchaser.
a. The Purchaser shall not assign any benefit or burden of these Terms.
b. The Clause headings in these Terms are for ease or reference only and shall not affect their interpretation.
c. K12 shall be entitled to dispatch products comprised in an order by one or more installments and to issue an invoice in respect of each such installment.
d. No variation or addition to the conditions will be recognized by K12 unless accepted and confirmed by K12 in writing.
These terms shall be governed and constructed in accordance with the laws of the receiving country (P. R. China) to the non-exclusive jurisdiction of whose courts the Purchaser agrees to submit.