1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1. Who we are. We are Knives From Japan Limited trading as Tamahagane Knives, a company registered in England and Wales. Our company registration number is 10529513 and our registered office is at Silversteel Manor Carrwood Road, Sheepbridge, Chesterfield, Derbyshire, England, S41 9QB. Our registered VAT number is GB262760010
3.1. How we will accept your order. Our acceptance of your order will take place when we have dispatched the products that you have ordered to you (even if we have received payment from you), at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery to your area or meet a delivery deadline you have specified.
3.3. We also cannot accept your order if you are under the age of 18 as we would be in breach of the Criminal Justice Act 1988 and the Offensive Weapons Act 2019 by selling knives to anyone under the age of 18. When you place an order with us you are confirming that you are over the age of 18. Our site uses age checking services from Age Checked and T2A which run in the background during the checkout process to verify your identity and provide us with confirmation that you are over 18. Age Checked uses various sources of data to confirm your identity to which we do not have access to. When customers fail the Age Checked verification, they may be followed up with a manual check by email. We reserve the right to cancel an order if we have reasonable evidence to suspect that the recipient of our product is under the age of 18 or where we have reasonable evidence to suspect that our products will be passed onto someone under the age of 18.
3.4. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.3. Making sure your instructions are accurate. If we are making modifications to the product on your behalf (such as engraving them) then you are responsible for ensuring that the information and instructions you provide are correct. You can find information and tips on how to provide information or instructions by contacting us.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6.2. More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
7.1. Delivery costs. The costs of delivery will be as displayed to you on our website at www.tamahagane.co.uk/shipping/.
7.2. When we will provide the products. During the order process we will let you know when we will provide the products to you. We aim to pick, pack and dispatch orders on the same day for orders received before 12PM otherwise they are dispatched the following day (except on a public holiday where the order will be dispatched the next business day). In any event, we aim deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order
7.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7. Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products (and we cannot re-arrange delivery on another reasonable date) then you may treat the contract as at an end straight away if any of the following apply:
7.8. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.9. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at firstname.lastname@example.org for a return label or to arrange collection.
7.12. What will happen if you do not give required information to us. We will need certain information from you so that we can supply the products to you, for example, your age. We will run background checks (in line with clause 3.3) to verify your age and contact you in writing to ask for further information if required. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.13.3. if we have a reasonable belief that you are under the age of 18; or
7.14. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than [2 months] in any we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [2 months] and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.15. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8.1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4. Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by us to our customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):
Right under the Consumer Contracts Regulations 2013: 14 day period to change your mind.
How our goodwill guarantee is more generous: 28 day period to change your mind, unless it is a bespoke or modified product (in line with clause 4.3), in this circumstance you will no right to change your mind once the order is accepted.
8.7. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9.1.2. Online. Complete the form www.tamahagane.co.uk/contact-us on our website.
9.1.3. By post. Print off the form Download Printable Form Here and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. The returned products must be returned in their original unopened condition and be resalable. You must post them back to us at Tamahagane Knives Direct Returns, Silversteel Manor, Carrwood Road, Sheepbridge, Chesterfield, S41 9QB or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 02031432933 or email us at email@example.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the products within 7 days of telling us you wish to end the contract.
9.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see www.tamahagane.co.uk/shipping/
9.5. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6.1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page www.tamahagane.co.uk/product-returns/. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. A refund will only be provided if the returned products are returned in their original unopened condition and are resalable.
9.6.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.6.3. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7. When your refund will be made. If we are satisfied that the products returned are in their original unopened condition, we will make any refunds due to you as soon as possible. For the avoidance of doubt, if (in our reasonable opinion) the products are not returned in their original unopened condition, then we reserve the right to refuse to provide a refund or we may make deductions from any refund, as per clause 9.6. If you are exercising your right to change your mind then:
9.7.1. If we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
10.1.2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, proof of your age. Acceptable forms of ID are: (i) a valid Passport; (ii) Photocard Driving Licence (no paper copy); or (iii) National Identity Card (issued in other countries); or
10.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least [1 week] in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11.1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02031432933 or write to us at firstname.lastname@example.org
11.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a knife, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
11.3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. You will pay the costs of postage or collection. Please call customer services on 02031432933 or email us at email@example.com for a return label or to arrange collection.
12.1. Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.4. When you must pay and how you must pay. We only accept payment via credit or debit card. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
12.5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information. We will only use your personal information as set out in our www.tamahagane.co.uk/website-privacy-policy/
15.1. Gift Vouchers. Gift Vouchers can be used for any products we sell including full price and sale items. If a product that is paid for with a Gift Voucher is returned, that purchaser will receive a new Gift Voucher. Gift Vouchers are valid for 24 months from purchase, after this date, the Gift Voucher will become null and void with no refunds given.
15.2. Promotional Discount Codes. From time to time we will offer discounts and promotions in the form of Promotional Discount Code. Promotional Discount Codes are limited to one per customer unless otherwise stated and valid only for the time period indicated. Only one Promotional Discount Code per transaction may be used. If the Promotional Discount Code is for a flat fee or set percentage of the value of an order over a specified amount, where multiple products are ordered, if any of the items are returned to bring the total value of the order down below the specified amount, you will receive a refund from us of the full price minus the amount of discount that has been applied to the other products.
15.3. Abuse of Gift Vouchers or Promotional Discount Codes. If we suspect that any of offers that may be obtainable by using a Gift Voucher or Promotional Discount Code are being abused we reserve the right to refuse orders.
16. OTHER IMPORTANT TERMS
16.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To Knives From Japan Ltd trading as Tamahagane Knives, Silversteel Manor, Carrwood Road, Sheepbridge, Chesterfield, S41 9QB
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.