ONLINE SALES (OTHER THAN WHOLESALE)
Return/Exchange Policy
Due to the special nature of these offers - all sales from this site are FINAL. No returns, exchanges or refunds.
Shipping
Item purchased will be shipped only within the Continental USA, additional shipping charges will apply if shipping to Hawaii, Alaska or any other US territories. International shipping is not available.
- Your order will ship within 3-5 business days
- In the event we sell out of any item/s you order, shipping will be delayed and order fulfilled within 4-6 months.
By using this website and ordering through it, you agree to abide by Kulu African Handbags, LLC terms and conditions as follows:
- These terms and conditions will apply to the purchase of goods detailed in our quotation (goods) by the Buyer (you) from Kulu African Handbags LLC
- These terms and conditions will be deemed to have been accepted by you immediately upon purchase on this site and will constitute the entire agreement between you and us.
- These terms and conditions and the quotation (together, the contract) apply to the purchase and sale of any goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
- A ‘business day’ means any other day besides a Saturday, Sunday or national holiday.
- The headings in these terms and conditions are for convenience only and will not affect their interpretation.
- Words implying the singular number include plural and vice-versa.
Goods
- The description of the goods is set out in our sales documentation and on our website, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the goods set out in our sales documentation and website are intended as a guide only. Each piece is unique and will vary.
- We can make any changes to the specifications of the goods which are required to conform to any applicable safety, or other statutory or regulatory requirements.
Price
- The price of the goods is set out on this website current at the date of your order and stands.
- The price of goods is set and not subject to any discounts or reductions.
- The price of is exclusive of fees for packaging and transportation/delivery within the Continental USA.
- The price is exclusive of any applicable tax and or other taxes or levies which are imposed or charged by any competent authority.
Cancellation and Alteration
- Once you have made a purchase on our website, the sale is considered final.
Payment
- Payment must be made on the website via Paypal. You may use your PayPal account or any major US credit card to make payment.
- Payment must be received and cleared by Kulu before your item/s will ship.
- All sales and payments are considered final.
Delivery
- We will arrange for the delivery of the goods to the address specified in your purchase order within the Continental USA.
- You must provide a valid physical address on your order.
- Any issues with delivery and/or the address given are the responsibility of the purchaser.
- Once an item has shipped, it is the sole responsibility of the purchaser to take delivery.
- Kulu will not be held liable for any items that arrive damaged or missing.
Law and Jurisdiction
- These terms and conditions are governed by and interpreted according to United States law. All disputes arising under these terms and conditions are subject to the exclusive jurisdiction of the United States courts.
WHOLESALE
By using this website and ordering through it, you agree to abide by Kulu African Handbags, LLC terms and conditions as follows:
- These terms and conditions will apply to the purchase of goods detailed in our quotation (goods) by the Buyer (you) from Kulu African Handbags LLC, USA (we or us).
- These terms and conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the goods (whichever happens earlier) and will constitute the entire agreement between you and us.
- These terms and conditions and the quotation (together, the contract) apply to the purchase and sale of any goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
- A ‘business day’ means any other day besides a Saturday, Sunday or national holiday.
- The headings in these terms and conditions are for convenience only and will not affect their interpretation.
- Words implying the singular number include plural and vice-versa.
Goods
- The description of the goods is set out in our sales documentation and on our website, unless expressly changed in our quotation. In accepting the quotation you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the goods set out in our sales documentation and website are intended as a guide only. Each piece is unique and will vary.
- We can make any changes to the specifications of the good which are required to conform to any applicable safety, or other statutory or regulatory requirements.
Price
- The price of the goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
- If the cost of the goods to us increases due to any factor beyond our control including but not limited to material costs, labor costs, alteration of exchange rates are duties, or changes to delivery rates, we can increase the price prior to delivery.
- Any increase in the price under the Clause above will only take place after we have told you about it.
- You may be entitled to discounts. Any and all discounts will be at our discretion.
- The price of is inclusive of fees for packaging and transportation/delivery unless otherwise stipulated or agreed upon.
- The price is exclusive of any applicable tax and or other taxes or levies which are imposed or charged by any competent authority.
Cancellation and Alteration
- Details of the goods as described in the clause above and set out in our sales documentation and our website are subject to alteration without notice and are not a contractual offer to sell the goods which is capable of acceptance.
- The quotation ( including any non-standard price negotiated in accordance with the clause on price above) is valid for a period of seven days only from the date shown in it unless expressly withdrawn by us at an earlier time.
- Either of us can cancel the order for any reason prior to your acceptance (or rejection
of the quotation.
Payment
- We will invoice you for the price
- Either on or at any time after delivery of the goods or
- Be where the goods are to be collected by you or where you wrongfully do not take delivery of the goods, at any time after we have notified you that the goods are ready for collection or we have tried to deliver them.
- You must pay the price within 30 days of the date of our invoice or otherwise according to any credit terms agreed between us.
- In the event you are taking the goods on consignment per pre agreed terms, you will be bound to send monthly sales and on hand reports and any and all sales of said good for each month must be paid in full at the time of the monthly inventory.
- You must make payment even if delivery has not taken place and/or that the title in the goods has not passed to you.
- If you do not pay within the period set out above we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 15% per annum from time to time on the amount outstanding until you pay in full.
- Time for payment will be of the essence of the contract between you and us.
- All payments must be made in US dollars unless other way to otherwise agreed in writing between us and paid via check or bank transfer
- In the event you wish to pay with a credit card, we will add a 3% fee.
- For both parties must pay all amounts due under these terms and conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
Delivery
- We will arrange for the delivery of the goods to the address specified in the quotation, or your order to another location we agree in writing.
- If you do not specify a delivery address or if we both agree, you must collect the goods from our premises.
- Subject to the specific terms of any special delivery service delivery can take place at anytime of the day and must be accepted at anytime between 8 AM to 8 PM.If you do not take delivery of the goods we may, at our discretion and without prejudice to any other rights:
- Store or arrange for the storage of the goods and will charge you for all associated costs and expenses including but not limited to transportation, storage and insurance; and/or
- Make arrangements for the redelivery of the goods and will charge you for the costs of such a redelivery; and-or
- After 10 business days, resell or otherwise dispose of part or all of the goods and charge you for any shortfall below the price of the goods.
- If redelivery is not possible as set out above,you must collect the goods from our premises and will be notified of this.
- We can charge you for all associated costs including, but not limited to, storage and insurance.
- Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the goods that is caused by a circumstance that is beyond our Control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the goods.
- We can deliver the goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle you to cancel any other installment.
Inspection and Acceptance of Goods
- You must inspect the goods on delivery or collection.
- If you identify any damages or shortages, you must inform us in writing within three days of delivery, providing details.
- Other than by agreement, we will only except return goods if we are satisfied that those goods are defective and if required, have carried out an inspection.
- Subject to your compliance with this clause and/or our agreement, you may return the goods and we will, as appropriate, repair or replace or refund the goods or part of them, or if on consignment, adjust your inventory as appropriate.
- We will be under no liability or further obligation in relation to the goods if:
- You fail to provide notice as such above;
- And/or you make any further use of such goods after giving notice under the clause above relating to damages and shortages; and/or
- The defect arises because you did not follow our oral or written instructions about the storage, commissioning , installation use and maintenance of the goods; and /or
- The defect arises from normal wear and tear of the goods; and/or
- The defect arises from misuse or alteration of the goods, negligence, willful damage or any other act by you, your employees or agents or any third-parties.
- You bear the risk and cost of returning the goods.
- Acceptance of the goods will be deemed to be upon inspection of them by you and in any event within three days after delivery.
Risk and Title
- The risk in the goods will pass to you upon completion of the delivery.
- Title to the goods will not pass to you until we have received payment in full ( in cash or cleared funds) for:
- The goods and/or be any other goods or services that we have supplied to you and respect of which payment has become do.
- Until title to the goods has passed to you, you must:
- Hold the goods on a fiduciary basis as our bailee and/or
- Store the goods separately and not remove, deface or obscure any identifying marks or packaging on or relating to the goods and/or
- Keep the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
- As long as the goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the goods and, if you fail to do so promptly, enter any of your premises or of any third-party where the goods are stored in order to recover them.
Termination
- We can terminate the sale of goods under the contract where:
- You commit a material breach of your obligations under these terms and conditions
- You are or become or in our reasonable opinion are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors
- You enter into a voluntary arrangement or any other similar arrangement is made with your creditors or
- You convene any meeting of your creditors entering to voluntary or compulsory liquidation, have a receiver, mgr., Administrator or administrative receiver appointed in respect of your assets are undertakings or any part thereof any documents are filed with the court for the appointment of an administrator, notice of intention to appoint is given to you or any of your directors.
Limitation of Liability
- For our liability under the contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
- Subject of the clauses above on inspection and acceptance and risk and title all warranties conditions are other terms implied by statute or common-law are excluded to the fullest extent permitted by law.
- If we do not deliver the goods our liability is limited subject to the clauses below to the costing and expense incurred by you in obtaining replacement goods of similar description and quality and the cheapest market available that's the price of the goods.
- Our total liability will not in any circumstances exceed the total amount of the price payable by you.
- We will not be liable (whether caused by our employees agents or otherwise) in connection with the goods for:
- Any indirect special or consequential loss damage costs or expenses and/ or
- Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill,
- business interruption or other third-party claims and/ or
- Any failure to perform any of our obligations of such delay or failure is due to any cause beyond a reasonable control and/ or
- Any losses caused directly or indirectly by any failure or breach by you in relation to your obligations and/or
- Any loss relating to the choice of the goods and how they will meet your purpose or that used by you of the goods supplied.
- The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to exclude or limit our liability and for fraud or fraudulent misrepresentation.
Communications
- All notices under these terms and conditions must be in writing and signed by or on behalf of the party giving notice or a duly authorized off officer of that party.
- Notices will be deemed to have been duly given: a
- When delivered, if delivered by courier or other messenger including registered mail during the normal business hours of the recipient
- When sent if transmitted by fax or email and a successful transmission report or return receipt is generated.
- On the 5th business day following mailing if mailed by the USPS or
- On the 10th business day following mailing if mailed by airmail.
- All notices under these terms and conditions must be addressed to the most recent address, email address or fax number notified to the other party.
- By ordering through this website, you acknowledge you have the authority to do so and agree to these terms as well as taking on the responsibility to pay for items ordered.
- All parties must, in good faith and to the best of their abilities, agree to communicate via these methods as well as telephone, so all involved understand such communications.
Circumstances Beyond the Control of either Party
- Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond a reasonable control of that party. Such causes include, but are not limited to: power failure, Internet service provider failure, industrial action, civil unrest, fire flood storms earthquakes acts of terrorism act of war governmental action or any other event that is beyond the control of the party in question.
No Waiver
- No waiver by us of any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
Severance
- If one or more of these terms and conditions is found to be unlawful invalid or otherwise unenforceable that/ those provisions shall be deemed severed from the remainder of these terms and conditions which will remain valid and enforceable.
Law and Jurisdiction
- These terms and conditions are governed by and interpreted according to United States law. All disputes arising under these terms and conditions are subject to the exclusive jurisdiction of the United States courts.