General
About these Terms
These Wholesale Terms & Conditions ("Terms") apply to all wholesale purchases made from Elidh McDowall trading as Kahuna Kids ("Kahuna Kids", "we", "us" or "our") by a business customer ("Customer", "you" or "your").
By creating a wholesale account, submitting an order or purchasing products from Kahuna Kids, you confirm that you have read and accepted these Terms.
These Terms apply to all wholesale orders unless otherwise agreed in writing by Kahuna Kids.
Wholesale Accounts
Wholesale purchasing is available to registered businesses, retailers and other approved professional customers.
By applying for a wholesale account, you confirm that the information provided is accurate and that products are being purchased for legitimate commercial resale.
Kahuna Kids reserves the right to approve, decline or suspend a wholesale account at its discretion.
Product Availability
All products are subject to availability. Placing an order does not guarantee availability until the order has been confirmed by Kahuna Kids.
Where an ordered product becomes unavailable, we will contact you and offer an appropriate alternative, partial fulfilment or refund where applicable.
Changes to Terms
We may update these Terms from time to time. The version applicable to an order will be the version in force when the order is accepted.
Orders & Payment
Minimum Order
Our minimum wholesale order value is 150 EUR or 150 GBP, unless otherwise stated.
Individual products may also have minimum order quantities (MOQs), which are shown on the relevant product page or quotation.
Placing an Order
Orders can be placed through the Kahuna Kids wholesale website or by another method agreed with us.
An order is considered a request to purchase products and becomes binding once it has been accepted by Kahuna Kids.
We reserve the right to refuse or cancel an order where products are unavailable, pricing has been displayed incorrectly, payment cannot be verified, or other reasonable circumstances prevent us from fulfilling the order.
Payment Terms
100% payment is required at the time of order.
Orders will only be confirmed and processed once full payment has been received.
Credit terms are not available unless expressly agreed in writing by Kahuna Kids.
Pre-Orders
Products offered for pre-order are subject to the estimated delivery timeframe shown at the time of ordering.
Pre-order dates are estimates and may change due to production, shipping or other circumstances outside our control.
Order Changes & Cancellations
Requests to change or cancel an order must be made as soon as possible and in writing.
We will try to accommodate changes where the order has not yet entered processing, production or dispatch.
Once an order has been processed, produced, packed or dispatched, changes or cancellations may no longer be possible.
Pricing, Shipping & Customs
Wholesale Pricing
All wholesale prices are quoted Ex Works (EXW), Porto, Portugal, unless otherwise agreed in writing.
Wholesale prices exclude shipping, transport, insurance, customs duties, import taxes and any other costs associated with collection and delivery.
Recommended Retail Prices (RRP) are provided as guidance only. Retailers are responsible for setting their own resale prices, subject to applicable laws.
Ex Works (EXW)
All wholesale orders are sold Ex Works (EXW), Porto, Portugal.
Under EXW terms, the customer is responsible for arranging and paying for the collection and transportation of the goods from our premises, together with any associated export, import, customs, duties, taxes, insurance or other charges applicable to the shipment.
Customers may arrange collection or shipping through their own preferred carrier.
Shipping Quotes
Kahuna Kids can arrange shipping on the customer's behalf where requested.
Shipping quotes are available on request and are charged separately from the wholesale order.
Shipping costs will depend on the destination, shipment size, weight and delivery service selected.
A shipping quote must be accepted and paid before goods are dispatched.
Customs, Duties & Taxes
For orders shipped outside the relevant customs territory, the customer is responsible for any import duties, customs charges, local taxes or other costs payable by the importer, unless otherwise agreed in writing.
The customer is responsible for providing accurate delivery and customs information.
Delivery Times
Any delivery timeframe provided for shipping arranged by Kahuna Kids is an estimate only.
Delivery times may be affected by carrier delays, customs clearance, production schedules or other circumstances outside our reasonable control.
Returns & Claims
Wholesale Returns
Wholesale products cannot be returned simply because they are unwanted, unsold or no longer required, unless Kahuna Kids has agreed to the return in writing.
This includes seasonal stock, discontinued products and products ordered in error.
Damaged or Incorrect Goods
If you receive products that are damaged, defective or different from those ordered, please contact us within 7 days of delivery, providing your order number, details of the issue and photographs where appropriate.
We will assess the claim and, where the claim is accepted, provide an appropriate remedy.
Manufacturing Defects
Products that have a genuine manufacturing defect will be reviewed on a case-by-case basis.
Where a defect is confirmed, Kahuna Kids may, at its discretion and subject to applicable law, repair, replace or refund the affected product.
Normal wear and tear, misuse, accidental damage, improper care or damage caused after delivery are not considered manufacturing defects.
Unsold Stock
Kahuna Kids does not accept responsibility for unsold wholesale stock.
Wholesale customers purchase products based on their own commercial requirements and sales expectations.
Products & Brand
Product Information
We make reasonable efforts to ensure that product descriptions, images, colours, sizes and specifications are accurate.
Minor variations may occur between product images and physical products, particularly where products are handmade, hand-finished or produced in different production runs.
Product Changes
Kahuna Kids reserves the right to make reasonable changes to product specifications, materials, colours, packaging or construction where necessary.
Such changes will not affect the essential characteristics or intended use of the product.
Care & Safety
Products should only be used for their intended purpose and in accordance with any care, safety and warning instructions supplied by Kahuna Kids.
Retailers are responsible for ensuring that appropriate product information and care instructions are made available to their customers.
Intellectual Property
All Kahuna Kids trademarks, logos, product names, designs, photography, graphics, text and other brand materials remain the property of Kahuna Kids or its licensors.
Wholesale customers may use approved Kahuna Kids marketing materials solely for the purpose of promoting and selling genuine Kahuna Kids products.
Photography & Marketing Materials
Approved retailers may use product photography and marketing materials supplied by Kahuna Kids for legitimate promotional purposes.
Materials must not be altered in a way that misrepresents the brand or products.
Kahuna Kids may request the removal of any use of its intellectual property that does not comply with our brand guidelines.
Resale & Online Sales
Products must be sold as genuine Kahuna Kids products and must not be modified, relabelled, repackaged or presented as another brand without our prior written permission.
Retailers selling Kahuna Kids products online must accurately represent the products, brand and product specifications.
Legal
Liability
The retailer is responsible for complying with all applicable laws and regulations relating to the sale of products within its territory, including consumer protection, product safety, labelling and advertising requirements.
Events Outside Our Control
Kahuna Kids will not be responsible for delays or failure to perform its obligations where caused by circumstances reasonably outside our control, including natural disasters, war, industrial action, transport disruption, customs delays, supplier issues or other unforeseen events.
Limitation of Liability
To the maximum extent permitted by applicable law, Kahuna Kids will not be liable for indirect, incidental or consequential losses arising from the purchase or resale of our products.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
Governing Law
These Terms and any dispute arising from a wholesale purchase shall be governed by the laws of Portugal, unless otherwise required by applicable law or expressly agreed in writing.
Any disputes will be subject to the jurisdiction of the competent courts of Portugal, subject to any mandatory rights available to the customer under applicable law.
Contact
If you have any questions regarding these Wholesale Terms & Conditions, please contact:
Elidh McDowall
Rua do Rosário 287-1, 4050-525, Porto, Portugal
elidh@kahunakids.com
www.kahunakids.com
VAT: PT282101411