The following Terms and Conditions apply to the use of the Kage Trading Limited t/a Malian Exhausts website and all Kage Trading Limited t/a Malian Exhausts’ services. By accessing this website and/or placing an order, you are subject to the following Terms and Conditions. Use of Kage Trading Limited t/a Malian Exhausts’ services is an acceptance in agreement of these Terms and Conditions.
1.1: In acceptance of the Terms and Conditions you are permitted the use of all search facilities within Kage Trading Limited t/a Malian Exhausts and to access all products within the site.
1.2: We may revise these terms and conditions at any time by updating this page. You should check this page from time to time to review the then current terms and conditions, for any further updates and changes. Certain provisions of these terms and conditions may be superseded by legal notices or terms located on particular pages of this website.
2.1: When ordering online you are deemed to place the order through our secure online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. This information is also available to view by logging into your account online using your password and username created on registration.
2.2: Our acceptance of an order takes place when we despatch the order. Even if your payment has been processed immediately, we can choose to cancel the order and refund without compensation if no goods are available to send.
2.3: We may refuse to accept an order:
(a) where goods are out of stock or no longer available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
3.1: All prices include VAT (where applicable) at the current UK rates. All prices are shown inclusive of VAT at all stages throughout the searching/ordering process, and all prices quoted in addition to this website by phone or by email shall also be given inclusive of VAT at all times.
3.2: Although we endeavour to keep all prices and information within the website up to date and accurate at all times, on occasion manufacturers and suppliers will make changes without prior warning, for which we reserve the right to make pricing alterations and changes to information displayed at short notice.
3.3: Prior to receipt of invoice and goods, if a pricing error occurs through the website or by quotation upon enquiry or point of ordering, we will endeavour to maintain the price for you, but in circumstances where this is not possible we reserve the right to inform you of this error, and if you wish to proceed, make the necessary amendments prior to processing your order.
3.4: Where we charge separately for postage and packaging and other relevant charges, the appropriate rates are set out on this website and in addition will be clearly displayed online during searching and checkout stages.
- Cancellation and Returns Policy
4.1: If you wish to cancel your order:
(a) you can notify us. See the Contact Us page for details; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below. The cost to safely and securely return any unwanted items lies solely with the purchaser.
4.2: Any goods for return must be notified to us in writing within 14 working days commencing from the day after receipt. Any non-faulty goods returned outside of the 7 day period without notice during the period we reserve the right to refuse.
4.3: The rights to return the goods to us as referred to in clause 4.2 will not apply in the event that;
a) the product has been used
b) if goods are not returned to us in the same condition as sent out, the returned items may be subject to a charge at Kage Trading Limited t/a Malian Exhausts’s discretion. This charge will reflect any damage or repair needed to the item and could be set at an amount up to and including the full original cost of the item.
c) the product has been manufactured to individual requirements and/or on a special order basis.
d) the product has been sold/passed on to a third party. Any goods that are damaged in transit on return to Kage Trading Limited t/a Malian Exhausts due to poor packaging or lack of care on your behalf will not be refunded and will be returned to sender. Please ensure all returns are packaged to the same level as when initially received. We require all original manufacturer /branded packaging to be enclosed.
4.4: Some of the items available from Kage Trading Limited t/a Malian Exhausts will require a signature upon receipt. Prior to signing for goods we ask that you check that the goods are both undamaged and that all goods are in the consignment that should be. Signing for the goods is an acceptance that everything in the delivery is as it should be and undamaged. If your order is being sent to a work address please ensure that the person signing for the goods on your behalf, if not yourself, is aware of what needs to be done on the arrival of the delivery. If you inform us of damages or shortfalls after signing for a consignment it makes it extremely difficult to make a claim from the couriers and some couriers will not accept liability. Claims for damages and shortfalls will be processed within 48 hours.
4.5: In the event of an alleged defect with goods fitted and used but still under warranty, the purchaser must return the goods to us for inspection and assessment of the fault. If the defect is deemed a fault covered by warranty and still within the cover period we will pursue the claim with the utmost importance. As outlined below, please contact us prior to making any returns so that we are aware of the return initially and also so we can begin to establish if the fault is one that is covered by the terms of the warranty and ensure that the product is still within the warranty period.
The provisions of these clauses do not affect your statutory rights.
Product Guarantees and Warranties
All product warranties and guarantees are provided solely by the product manufacturer and the UK importers. If you have a claim under warranty, the moment you contact us we will act on your behalf to pursue your warranty claim. On most occasions products deemed faulty under warranty will need to be returned to either ourselves or the manufacturer/importer for further inspection, but this will be done in the quickest time possible and treated as a matter of urgency. If good quality images are available we may be able to use these to come to a conclusion. All warranty claims must include proof of purchase and must be discussed with us directly before goods are returned. In the event that a warranty claim is not deemed valid, we will not be liable for any costs incurred and we will not accept liability for any costs incurred throughout a claim for labour and/or other related charges. Warranty and guarantee are voided in the event that products have been modified or have been sold on to a third party. The warranty and guarantees lie solely with the first user.
5.1: You are permitted to print and download extracts from this website for your own ‘non-commercial’ use on the following basis:
(a) no documents or related graphics on this website are modified in any way;
(b) any of our copyright and trade mark notices on images or within text appear in all copies displayed.
5.2: Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3: Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior permission.
5.4: Any rights not expressly granted in these terms are reserved.
- Service Access
6.1: While we endeavour to ensure that this Website is available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2: Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- Visitor Material and Conduct
7.2: You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3: You may not misuse the Website (including, without limitation, by hacking).
7.4: We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
- Links To and From Other Websites
8.1: Any links to third-party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
8.2: If you would like to link to this Website, you may only do so on the basis that you link to but do not replicate the pages of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Kage Trading Limited t/a Malian Exhausts logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Kage Trading Limited t/a Malian Exhausts trademarks displayed on this Website without our express written permission;
(f) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3: You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1: Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.2: Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.3: We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1: While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material by a given time.
10.2: The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1: We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2: While we endeavour to deliver all goods in the times quoted at point of ordering, on occasion there can sometimes be delays which are out of our control and sometimes unforeseen. We will endeavour to notify you of any delays foreseen where possible, but we shall not accept liability for any losses, damages, or costs incurred due to a delay in delivery. We urge you not to arrange to have parts fitted or modified until such time as the parts have safely arrived with you as we will not accept responsibility for any cancellation or fitting fees incurred as a result.
On the rare occasion that goods are lost in transit, the goods will be replaced for an identical product. We will not issue a refund.
We will not be held responsible for any fitting costs incurred by the customer on goods supplied. If goods have been incorrectly supplied it is your responsibility to notify us of this prior to fitting stage. On goods fitted that are later found to be faulty, compensation is not guaranteed and is at the discretion of the manufacturer.
11.3: Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.4: If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.5: You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
- Governing Law and Jurisdiction
12.1: These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2: We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13.1: You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
13.2: If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3: Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
- Credit & Debit Card Payments
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.