TERMS & CONDITIONS OF TRADE
These Terms and Conditions of Trade are the terms on which KECKS ltd located at 19 Dovedale Road, London SE22 0NF United Kingdom provide merchandise ("Goods") to you ("You"/"Your") as a consumer via our web sites, including, without limitation:
o kulaunderwear.com; and any additional shopping sites that we may create from time to time to purchase product and also as a resource for information and entertainment (collectively the "Web Sites").
You may keep a copy of these Terms and Conditions of Trade for future reference. Print or download and save them. We will file a copy of any Orders made by You.
Please read these Terms and Conditions of Trade carefully before ordering. You should understand that by ordering Our Goods, You agree to be bound by these Terms and Conditions of Trade.
1. INFORMATION ABOUT US
1.1 We are KECKS Ltd trading as a company registered in the United Kingdom under registration number 10967578. Our registered address is 19 Dovedale Road, London SE22 0NF United Kingdom.
1.2 If you have any questions, complaints or comments about the WebSites then You may contact Us as follows:
KECKS Ltd, 19 Dovedale Road, London SE22 0NF
2. OUR CONTRACT
2.1 Your order ("Order") constitutes an offer to Us to buy the Goods you select via your Order on the Web Sites. All Orders are subject to availability and acceptance by Us. We will send You an email acknowledging receipt of Your Order. Please note that this does not constitute acceptance by Us. The contract for purchase of the Goods is agreed and accepted by Us only when We send You an email dispatch confirmation.
3. REGISTRATION, PASSWORDS AND SECURITY
3.1 You have the option to open an account via the Web Sites to place Orders. On registration of an on-line account, You will select a Password and User Name that You can use to access Your on-line account.
3.2 You are responsible for maintaining the confidentiality of Your Password and User Name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Web Site and will not be liable where Your Password or User Name is used by someone else (unless such use is due to our negligence).
3.3 You agree to notify Us immediately of any unauthorised use of Your Password or User Name of which You become aware.
4. YOUR STATUS
If you are under 18 years old you are not authorized to make a transaction or register an account with Us on the Web Sites. By placing an Order through the Web Sites, You confirm that You are legally capable of entering into binding contracts and You are at least 18 years old. If you are not legally capable of entering into contracts, We are legally entitled to cancel the order with You and will not be obliged to supply the Goods.
5. PRICES AND DELIVERY
5.1 The price of the Goods is as stated on the Web Sites from time to time and as confirmed to You as part of the Order process when We confirm Our acceptance of Your Order to You (except in the case of obvious error). Prices shown are inclusive of UK Value Added Tax; French Taxe sue la Valeur Ajoutée; German Mehrwertsteuer and any other applicable taxes.
5.2 Prices are checked regularly. However, if We find the price has changed or that there has been a pricing error when We receive Your Order We will contact You and ask if You wish to proceed at the correct price. If You confirm that You do wish to proceed, then your confirmation constitutes a new Order to us and please remember that We will not be under an obligation to supply the Goods until We have sent You an email dispatch confirmation.
5.3 Goods will be dispatched by Royal Mail or Courier
5.4 Prices shown on the Web Sites do not include delivery. Our delivery charges are as follows and will be confirmed to You during the Order process:
United Kingdom £2.50 (FREE for orders over £30.00 )
5.5 We shall endeavor to dispatch the Goods to You as soon as possible after You place Your Order, normally within 3-5 working days if the Goods are in stock, and in any event within 30 days beginning on the day after You place Your Order. If We are unable to dispatch the Goods within that time We will email as soon as possible to let You know and give You an estimated delivery date and You will have the right to cancel Your Order and receive a full refund as set out in that email.
5.6 As soon as the Goods are delivered to You, You are responsible for them. If a parcel is damaged, please notify us via email firstname.lastname@example.org by 5pm the next working day.
5.7 Payment for all Goods must be by credit / debit card. We accept payment with Visa, MasterCard, American Express, Maestro, Maestro International, Visa Electron.
5.8 At the point when We send You an email order confirmation, We will process the payment details You have given to us to take payment for Your order.. We will process payment for all the Goods including any back ordered Goods. Any back ordered Goods will be shipped when they are in stock. You may cancel Your order of back ordered Goods before the point of shipment by contacting Customer Services by email.
For Your security, when using a credit/debit card, the billing name, address and phone number must match that of the credit/debit card used for payment. We reserve the right to cancel any order that does not match these criteria.
6. RETURNS AND CANCELLATION
6.1 We want You to be happy with Your purchase from Us. If you are unhappy with the Goods in any way please contact Our Customer Service Team via email or letter as provided above.
6.2 Nothing in these Terms and Conditions of Trade is intended to affect Your statutory rights. These rights include:
6.2.1 That any Goods supplied by Us will be of satisfactory quality, fit for their intended purpose, and will conform to the description given;
6.2.2 certain remedies if Goods are defective; and
6.2.3 except for customised Goods, a right to cancel within a specified period and receive a full refund even if they are not defective as is set out in paragraph 6.3 below.
6.3.1If for any reason you are unhappy with Your Goods (other than customised, sale, reduced price or Goods during a promotional period), in addition to your statutory rights under the Consumer Protection (Distance Selling) Regulations 2000, we offer you the right to cancel Your Order and return The Goods to us for a full refund provided that:
(a) The Goods are received back at Our KULA Underwear Returns Department; 19 Dovedale Road, London SE22 0NF United Kingdom within 14 days or you receiving your order.
(b) You return the Goods to us in substantially the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. Please include where possible the original packaging.
****Please note that for hygiene reasons we do not accept returns on underwear unless the packaging is unopened excluding the KULA 1st Order Single Pair 100% Satisfaction Guarantee ****
(c) Your first pair of underwear are covered under our 100% Satisfaction Guarantee, for full information please read our 100% Satisfaction Guarantee page. For all subsequent purchases, returns are accepted within 14 days of receiving the product as long as it is in its original condition (meaning not tried on, worn, or washed nd packaging sealed).
(d) The Goods are not sale or reduced price Goods. This 14 day return offer does not apply to sale or reduced price Goods. See section 6.3.6 for information about your cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 for these goods.
(e) Your right of return and cancellation set forth above is without prejudice to your local statutory right of cancellation.
(f) All refunds under the 14 day return offer will be made within 5 days of Our receipt of the returned Goods.
(g) If a bundled or promotional item is returned affecting the validity of the offer, your refund or exchange will be adjusted to reflect the fact that the promotional price is no longer valid.
6.3.3 If Your Goods are faulty or do not meet the description given on the Web Sites, please contact us as soon as possible via email as given above to arrange a return and replacement of of Goods. If you require a refund, We will refund the value of your order for those Goods (excluding any delivery charges).
6.3.4 Please note that if You fail to take reasonable care of returned Goods, or fail to return the Goods to Us, We will be entitled to make a claim against you for any losses which we suffer.
6.3.5 Please note that We are unable to accept returns for customised Goods unless they are faulty.
Your cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000
6.3.6 For all Goods other than customised Goods, consumers have a right under the Consumer Protection (Distance Selling) Regulations 2000 to cancel orders during the period of fourteen working days beginning with the day after the day on which You receive the goods. Customers outside the UK have fourteen (14) days to cancel orders under these rights. If you wish to rely on your statutory rights, You are required to cover the cost of returning the cancelled items to Us.
6.3.7 All refunds will be made within 5 days of notice of cancellation.
7. LIMITATIONS ON OUR LIABILITY TO YOU
7.1 Nothing in these Terms and Conditions of Trade shall:
7.1.1 exclude or limit Our liability:
(a) for fraud, fraudulent misrepresentation or our Gross negligence or the gross negligence of Our employees or agents;
(b) for death or personal injury resulting from Our negligence or the negligence of Our employees or agents;
(i) section 2(3) of the Consumer Protection Act 1987;
(ii) Articles 1641, 1386-1 and 2114-4 and seq. of the French Consumer Code; and
(iii) the German Product Liability Act.
(d) for any matter for which it would be illegal for us to exclude, or attempt, our liability.
7.1.2 restrict Your statutory rights (See 6.2 above).
7.2 Subject to paragraph 7.1 above, and unless prohibited by Your local statutory law, these Terms and Conditions of Trade shall not:
7.2.1 make Us responsible for any damage or loss caused to You where such damage or loss is not reasonably foreseeable to You and Us when You agree to these Terms and Conditions of Trade, including where the damage or loss results from Our breach of these Terms and Conditions of Trade; or
7.2.2 make Us responsible for any damage or loss caused to You where You are not entering into these Terms and Conditions of Trade as a consumer (as defined under Your local statutory law).
7.3 our aggregate liability to You for any loss or damage arising in connection with these Terms and Conditions of Trade shall be limited in respect of each claim to the purchase price of Your Order or Orders.
7.4 We are not responsible for any delay or failure to comply with Our obligations under these Terms and Conditions of Trade if the delay or failure arises out of any event which is beyond Our control. Such events shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks or industrial action affecting Us or Our suppliers.
8. DATA PROCESSING AND PRIVACY
9. ELECTRONIC COMMUNICATIONS
By using these Web Sites, You accept that communication with Us will mainly be electronic. We will contact You by email or provide You with information by posting notices on these WebSites. For contractual purposes, You consent to receive communications from Us electronically (to the most recent email address you have provided to us) and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
10.1 We reserve the right to change or update these Terms and Conditions of Trade from time to time. Revised Terms and Conditions of Trade will be published on these WebSites and, where practical, We will endeavour to alert users to key changes via the homepage. In any case such changes and updates will not affect transactions in process resulting from an order placed before publishing such changes and updates.
10.2 If any of these Terms and Conditions of Trade are determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining Terms and Conditions of Trade shall survive, remain in full force and effect and continue to be binding and enforceable.
10.3 If You breach these Terms and Conditions of Trade and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms and Conditions of Trade.
10.4 Please note that you are entering into an agreement with a UK company. These Terms and Conditions of Trade and any contracts based on them, are governed by and shall be construed in accordance with the laws of the UK and any disputes arising out of them shall be subject to the non-exclusive jurisdiction of the British courts. Notwithstanding the foregoing, nothing in these Terms and Conditions of Trade shall limit or exclude, or purports to limit or exclude, any statutory rights granted to you under local law (in particular consumer protection laws) which remain unaffected and in full force and effect.
10.5 REVIEWS AND COMMENTS. Except as otherwise provided elsewhere in this Agreement or on the Site, you agree that we have the right to use anything that you submit or post to the Site and/or provide us, including without limitation, ideas, questions, reviews, comments, and suggestions (collectively, "Submissions"). You hereby grant us the royalty-free, worldwide, perpetual, irrevocable, sublicenseable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, reverse-engineer, disassemble, or create derivative works from such Submissions by any means and in any form. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also hereby grant us the right to use the name that you submit with any review, comment, or other content in connection with such review, comment, or content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You agree not to use a false email address, pretend to be someone other than yourself, or mislead us or any third parties in regards to the origin of any Submissions or content. We have the right to remove or edit any Submissions for any reason.
TERMS & CONDITIONS OF USE
These Terms and Conditions of Use are the terms on which KECKS Ltd located at 19 Dovedale Road, London, SE22 0NF United Kingdom provide merchandise ("Goods") to you ("You"/"Your") as a consumer via our web sites, including, without limitation:
Some of the Web Sites may permit you to order products or services. Your purchase of products or services is subject to and governed by supplementary and additional terms and conditions, including the terms of trade. Please review all applicable supplementary and additional terms and conditions carefully before placing an order for products or services.
YOUR ATTENTION IS DRAWN SPECIFICALLY TO SECTIONS 8 AND 9 WHICH SET OUT IMPORTANT LIMITATIONS AND EXCLUSIONS OF OUR LIABILITY TO YOU.
1. PERMITTED USES OF THE WEB SITES; RESTRICTIONS
(b) You will not transmit, distribute, introduce or otherwise make available in any manner through the Web Sites any computer virus or other malicious or harmful programming (collectively, "Viruses"). Whilst we take all reasonable steps to ensure that the Web Sites are free from Viruses, we do not guarantee that this will be the case at all times. You may not use the Web Sites in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Web Sites. You may not use any data mining, robots, or similar data gathering and extracting tools in connection with the Web Sites. If you download software or any other content from the Web Sites, you do so at your own risk.
2. ACCURACY OF INFORMATION
We attempt to ensure that information on the Web Sites is complete, accurate and current. Despite our efforts, the information on any of the Web Sites may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Web Sites.
Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Web Sites are registered and unregistered trademarks, trade names and service marks owned by KECKS Ltd, and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Web Sites are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by KECKS Ltd. Nothing contained on any of the Web Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of the Web Sites without our written permission or the written permission of such third-party owner.
4. LINKING TO THE WEBSITES
Any permitted links to the Web Sites must comply with all applicable laws, rules and regulations and any applicable policies of KECKS Ltd. If you intend to create any link from another web site to any page on the Web Sites, you will inform us via email at: email@example.com. We reserve the right to prohibit any such link at any time. Running or displaying the Web Sites or any information displayed on the Web Sites in frames or similar means on another web site without our prior written permission is prohibited.
5. THIRD-PARTY LINKS
From time to time, the Web Sites may contain links to other web sites that are not owned, operated or controlled by us or our affiliates ("Third-Party Sites"). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Sites. Neither we nor any of our affiliates are responsible for any content or other information located on or accessible from any Third-Party Site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or other information located at, or accessible from, such Third Party Sites, or the results that you may obtain from using such Third-Party Sites. If you decide to access any Third-Party Site linked to or from the Web Sites, you do so entirely at your own risk.
6. USER INFORMATION
Note: Individuals who post User Information to the Web Site agree to waive all so-called moral rights or other similar rights to such User Information.
Note: Under French law, the duration of the license granted above for User Communications posted to the Web Sites shall not be perpetual but for the duration of the protection of the related intellectual property rights.
7. INAPPROPRIATE MATERIAL
You are prohibited from posting or transmitting to any of the Web Sites any User Communication that we reasonably believe to be: (i) unlawful, untrue, misleading, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, pornographic, profane; (ii) invasive of privacy or personal information; (iii) infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright and right of publicity; (iv) of a type that you do not have the right to post or transmit under law or any contractual or fiduciary relationship, including proprietary or confidential information; (v) advertising or an offer to sell or buy any goods or services; (vi) considered a criminal offense or to give rise to civil liability or constitutes encouragement of the same; or (vii) otherwise objectionable or in violation of applicable law, rule, regulation or order. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from any of the Web Sites of objectionable User Communications. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such User Communications.
YOUR USE OF THE WEB SITES IS AT YOUR RISK. THE SERVICES PROVIDED IN CONNECTION WITH THE WEB SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE WEB SITES OR ANY CONTENT, INFORMATION OR SERVICES PROVIDED OR MADE AVAILABLE THEREIN. THE WEB SITES MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE WEB SITES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
9. LIMITATIONS OF LIABILITY.
WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER SYSTEM, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEB SITES OR YOUR DOWNLOADING OF ANY CONTENT AND INFORMATION FROM THE WEB SITES. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB SITES, ANY WEB SITES LINKED TO THE WEB SITES, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
THE DISCLAIMERS IN SECTIONS 8 AND 9 ABOVE DO NOT APPLY TO PRODUCTS WHICH ARE DEALT WITH IN OUR TERMS OF SALE ON THE SHOPPING SITES.
11. CHOICE Of LAW; JURISDICTION
12. COPYRIGHT INFRINGEMENT NOTICE
(a) We respect the intellectual property rights of others and expect users of the Web Sites to do the same. Pursuant to Title 17 U.S.C. 512(c), all notifications of claimed copyright infringement should be sent to KECKS Ltd designated Copyright Agent at the following:
(b) All claims of infringement must be in writing and must contain the following information:
1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(a) Access to and use of the Web Sites is made available only to people who can form legally binding agreements under applicable law. The Web Sites are intended for a general audience and are not intended to be used by minor children. Children accessing the Web Sites should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Web Sites, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Web Sites; and (iii) the consequences of any use of the Web Sites by such Minor.
(b) Pursuant to 47 U.S.C. 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise websitehttp://www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with KULA Underwear).
We may suspend or terminate your use of the Web Sites at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Sites at any time without notice.
16. STATUATORY RIGHTS
18. ADDITIONAL ASSISTANCE
If you have any questions, complaints or comments about the WebSites then You may contact Us as follows:
KECKS Ltd, 19 Dovedale Road, London SE22 0NF