Terms and Conditions of Purchase

Terms and Conditions

These Terms and Conditions (Terms) govern your purchase of business legal documents or any other service offered for sale (Product) on the domain www.kanuna.co.uk (the Website) operated by Kanuna Limited (Kanuna, we, us, or our). Please refer to our Privacy Policy and Website Terms of Use for information relating to your access to the Website and how we deal with your personal information.

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These Terms are effective from 01 August 2024.

1. Acknowledgement and Acceptance of these Terms

(a) These Terms are a legally binding contract between you and Kanuna. This contract sets out your rights and responsibilities when you use the Website and any other services provided by Kanuna (collectively the Services), so please read it carefully. By using our Services, even when browsing, you agree to these Terms, our Website Terms of Use, and our Privacy Policy (collectively our Notices).
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(b) If you use the Service on behalf of or in connection to a company or other entity, then the terms “user”, “you” and “your” mean you and that entity, and include its directors, agents, subcontractors and employees, as applicable.
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2. Your Privacy

We understand that your personal information is important to you, and it’s also important to us — our Privacy Policy details how your information is collected, used and shared when you use our Services. By using our Services, you are agreeing that we can process your information as set out in the Privacy Policy, so please read it here.

When you provide us with your email address or mobile phone number, you may opt into electronic communications in respect of news, promotions, bag reminders and updates on the status of refunds. We may also communicate with you electronically as setout in our Privacy Policy. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.

3. Information on the Website

(a) The materials provided on the Website are not comprehensive and are for general information resource purposes only. Kanuna does not make any representations or warranties that the information provided on the Website and throughout the Service is completely reliable, accurate or complete. The information Kanuna provides does not create a client relationship with you.

(b) The Website and content on the Website are subject to copyright, trademarks, and other intellectual property rights. These rights are owned by or licensed to Kanuna. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify, publish, or otherwise use any of the material or Products on the Website, except as explicitly permitted in these Terms, by statute, or with our prior written consent.

4. Purchase and Formation of Contract

When you purchase our Products, you are creating a customer order (Order). When creating an Order, you must follow the instructions on the Website as to how to make your Order and to make changes to your Order before we deliver the Product or Products.

Once you select a Product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown the price on the order confirmation page of the Website, which you must pay including value-added tax (VAT) and any other charges listed.

You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. You acknowledge and agree that we are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method.

By making an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

If you discover that you have made a mistake with your Order after you have submitted it to the Website, please contact us immediately. Although we cannot guarantee that we will be able to amend your Order following your instructions, we will make all reasonable efforts to handle and apply your instructions.

When you place an Order, you will receive from us an ‘Order Confirmation’ email. This email is simply an acknowledgement that we have received your Order and does not constitute acceptance of your Order. A contract between Kanuna and you for the purchase of the Products will not be formed until 24 hours after receipt of the ‘Order Confirmation’ email, which at this time is when your Order is being prepared and therefore accepted by Kanuna (Contract). We are not obligated to supply the Products to you until we have accepted your Order. We may at our discretion refuse to accept an Order from you for any reason, including but not limited to:

(a) we suspect that you might on-sell our Products to other consumers;

(b) we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;

(d) if there has been an error by way of wrongful inclusion of an item in a particular sale or promotion.

While we make all reasonable efforts to fulfil your Order, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If we or you have cancelled your Order before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any Terms applying to an existing Order that has already been accepted by us, and the Terms that will apply to any such Order are the Terms that applied at the time you placed the order.

5. Order Delivery

We aim to deliver your Products at the email of delivery (Delivery) advised by you within the time indicated by us at the time of your Order, which is typically 24 – 48 hours, but we are unable to guarantee firm Delivery dates and times. You must ensure that your email client will accept emails from us and you acknowledge and understand that you will monitor your spam and junk email inboxes for the Delivery before contacting us regarding any issues.

We will try and let you know if we expect to be unable to meet our estimated Delivery time, but to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges, or expenses, arising out of late or delayed Delivery.

6. Cancellation

(a) We may terminate a Contract if the Product, or Products, as the case may be, are not available for any reason. We will notify you if this is the case and return any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the Order. If the refund transaction fails, we will advise you of this and make arrangements to process the refund via a different method.

(b) You have the right to cancel within 14 days of placing an Order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013. However, you acknowledge and accept that due to the nature of digital products, you may not cancel an Order after the Products arrive at your elected email address.

(c) If you wish to cancel your Order, please contact us. Once an Order has been accepted, it cannot be cancelled and the products must instead be dealt with per our ‘Refund Policy’ clause in these Terms.

7. Refund Policy

We are committed to providing high-quality digital legal templates to our customers. However, if you experience any issues with the Products or your Order, this clause outlines your rights to a price reduction or refund under the Consumer Rights Act 2015 (the Consumer Act).

(a) You are entitled to request a price reduction if the Product does not conform to the requirements outlined in sections 34, 35, or 36 of the Consumer Act. This right applies in the following situations:

(i) If it is not feasible to repair or replace the digital product, or if doing so would be disproportionate compared to other remedies.

(ii) If you request a repair or replacement, but we fail to provide this within a reasonable time and without significant inconvenience to you.

(iii) If you explicitly request a price reduction instead of a repair or replacement.

(iv) The amount of the price reduction will be appropriate and reflect the decrease in the value of the digital content to you.

(b) You are entitled to a full or partial refund in the following situations:

(i) If we fail to repair or replace the non-conforming digital content within a reasonable time and without significant inconvenience, you can opt for a refund.

(ii) If the failure to conform to the Contract is significant and cannot be remedied through repair or replacement.

For our Refund Policy, the term “reasonable time” is considered within 7 business days, which does not include Saturdays, Sundays, or bank holidays in the United Kingdom.
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(c) Due to the nature of digital products, our business legal templates are not eligible for ‘change of mind’ returns once the Product has been delivered to your nominated email address and presumed downloaded.

8. Process for Requesting a Price Reduction or Refund

If you experience any issues with your digital business legal template, please contact our customer service team at info@kanuna.co.uk. Our team will assess the issue to determine the appropriate remedy. This may involve requesting additional information from you to understand the problem. Based on our team’s assessment, we will either:

(a) provide a repair or replacement within a reasonable time of 7 business days and without significant inconvenience;

(b) offer an appropriate price reduction; or

We aim to resolve all issues as quickly as possible. If a repair or replacement is not feasible within a reasonable time, we will promptly process your request for a price reduction or refund.

We value your satisfaction and strive to ensure that our business legal documents meet your needs. These Terms are designed to protect your rights and provide a clear process for addressing any issues that may arise.

9. Promotional Codes

(a) You may use promotional codes as payment for Products on the Website. Promotional codes are available electronically or through marketing and promotional materials, and only one promotional code can be used per Order.

(b) You acknowledge and understand that you are responsible for the use and safety of your promotional codes. We assume no liability for the loss, theft or to the extent permitted by law illegibility of promotional codes if your email is hacked or subject to unauthorised use.

(c) From time to time, we release promotional codes that may be used on the Website. Promotional codes are only valid for the specified period stated on them and can only be redeemed under any special terms stated on them – such as minimum spend requirements, validity periods, or exclusions. Only one promotional code can be used per Order, and some promotional codes may only be used once.

(d) Promotional codes cannot be redeemed for cash. If you place an Order for a Product less than the value of a promotional code, no refund or residual credit will be returned to you. If the promotional code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another promotional code or attempting to rely on any other offer).

(e) We will apply promotional codes on a pro-rata basis to eligible Products in your Order to determine the final price you pay for those Products. Where you wish to receive a partial or full refund for a Product purchased with a promotional code, we will only refund the final price you paid for that item.

(f) We actively monitor the misuse of promotional codes and reserve the right to deactivate promotional codes or block any person who is not using a promotional code according to its terms and conditions.

10. Disclaimer and Limitation of Liability

(a) To the fullest extent permitted by law, we exclude all liability for any loss or damage (including without limitation, direct, indirect, special, or consequential loss or damage) arising out of or in connection with your use of, or inability to use, our digital legal templates or any action taken (or refrained from being taken) as a result of using our digital legal templates

(b) Nothing in these Terms shall exclude or limit our liability for:

(i) fraud or fraudulent misrepresentation;

(ii) death or personal injury caused by our negligence;

(iii) any breach of the obligations implied or guaranteed by the Consumer Act;

(iv) defective products under the Consumer Protection Act 1987; or

(v) any other liability which cannot be excluded or limited by applicable law.

(c) Subject to the above, our total liability to you in respect of all other losses arising under or in connection with your use of our digital legal templates, whether in contract, tort (including negligence),breach of statutory duty, or otherwise, shall in no circumstances exceed the price you paid for the digital legal template.

(d) You further acknowledge and understand that the digital legal templates and any other materials or information provided by Kanuna are intended for general informational purposes only and do not constitute legal advice. We do not guarantee that the digital legal templates are appropriate for your specific circumstances or that they comply with all applicable laws. You should seek independent legal advice from a qualified professional if you have any questions about the use or suitability of digital legal templates for your particular situation. Use of our Services does not create an attorney-client relationship between you and Kanuna or any of its representatives.

11. Indemnity

You acknowledge and agree to indemnify, defend, and hold harmless our company, its directors, officers, employees, consultants, agents, and affiliates, from any third-party claims, liability, damages, or costs arising from your use of our digital legal templates or your breach of these terms and conditions.

12. Dispute Resolution

In the event of any dispute under these Terms or our Notices, you acknowledge and agree that you will negotiate in good faith to resolve the dispute. Disputes should be lodged with our team at first instance.

13. General

(a) These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms (that are not part of our Notices) published on the Website.

(b) You may not assign, delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.

(c) We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, cyber-attack, compliance with any law, accident (or by any damage caused by any of such events).

(d) No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these Terms.

(e) Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

(f) All provisions of these Terms apply equally to and are for the benefit of Kanuna, our subsidiaries, any holding companies of Kanuna, affiliates and third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its behalf (save that these Terms may be varied or rescinded without the consent of those parties).

(g) The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

(h) If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.

(i) These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.

14. Interpretation

(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these Terms.

(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.

(c) Words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.

(d) References to includes or including or like words or expressions shall mean without limitation.

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