Terms and Conditions

Terms and conditions

1          Introduction

1.1       These terms and conditions govern your use of our website and the sale and purchase of products through our website.

1.2       By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3       If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4       You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5       Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies policy.

1.6       This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2          Interpretation

2.1       In these terms and conditions:

(a)       "we" means Kippson Limited; and

(b)      "you" means our customer or prospective customer,

            and "us", "our" and "your" should be construed accordingly.

3          Order process

3.1       The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2       No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3       To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you may then create an account with us and log in; if you are an existing customer, you may enter your login details; you are not obliged to set up an account with us in order to proceed. You must then select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

4         Products

4.1       We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

4.2       Any product reviews that you submit for publication on our website shall be subject to the terms of sections 14 and 15.

5          Prices

5.1       Our prices are quoted on our website.

5.2       We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3       All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.4       It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5       In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6          Payments

6.1       You must, during the checkout process, pay the prices of the products you order.

6.2       Payments may be made by any of the permitted methods specified on our website from time to time.

6.3       If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4       If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)       an amount equal to the amount of the charge-back;

(b)      all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)       an administration fee of GBP 25.00 including VAT; and

(d)      all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7          Order cancellation

7.1       We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)       you fail to pay, on time and in full, any amount due to us under that contract; or

(b)      you commit any material breach of that contract.

7.2       You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

7.3       We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

8          Consequences of order cancellation

8.1       If a contract under these terms and conditions is cancelled in accordance with Section 7:

(a)       we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)      you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)       all the other provisions of these terms and conditions will cease to have effect, except that sections 1.6, 6.4, 19, 25, 26, 27, 28, 29 and 30 will survive termination and continue in effect indefinitely.

9          Licence to use website

9.1       You may:

(a)       view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)       print pages from our website; and

(d)      stream audio and video files from our website,

subject to the other provisions of these terms and conditions.

9.2       Except as expressly permitted by Section 9.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

9.3       Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

9.4       Unless you own or control the relevant rights in the material, you must not:

(a)       republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)       show any material from our website in public;

(d)      exploit material from our website for a commercial purpose; or

(e)       redistribute material from our website.

9.5       We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

10       Acceptable use

10.1    You must not:

(a)       use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)       use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means;

(f)       violate the directives set out in the robots.txt file for our website; or

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

10.2   You must not use data collected from our website to contact individuals, companies or other persons or entities.

10.3   You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

11       Registration and accounts

11.1    To be eligible for an individual account on our website under this Section 11, you must be at least 18 years of age and resident in the United Kingdom.

11.2    You may register for an account with our website by ticking the box "Save this info for a faster check out next time" when checking out. Registration is completed by clicking on the verification link in the email that the website will send to you, and setting your password when prompted to do so.

11.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

11.4    You must not use any other person's account to access the website, unless you have that person's express permission to do so.

11.5    Your submission of personal information through the store is governed by our Privacy and Cookies Policy which may be viewed on our website.

12       User IDs and passwords

12.1    If you register for an account with our website, you will be asked to choose a password.

12.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 15; you must not use your account or user ID for or in connection with the impersonation of any person.

12.3    You must keep your password confidential.

12.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

12.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

13       Cancellation and suspension of account

13.1    We may:

(a)       suspend your account;

(b)      cancel your account; and/or

(c)       edit your account details,

            at any time in our sole discretion without notice or explanation.

13.2    You may cancel your account on our website by emailing us at customer.services@kippson.com

14       Your content: licence

14.1    If you send creative ideas, suggestions, proposals, plans, graphics, video or other materials, whether online, by email, by postal mail or otherwise (collectively “content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any content that you forward to us. We are and shall be under no obligation (a) to maintain any content in confidence, (b) to pay compensation for any content, or (c) to respond to any content.

14.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

14.3    You grant to us the right to sub-license the rights licensed under Section 14.2.

14.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 14.2.

14.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

14.6    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

15       Your content: rules

15.1    You warrant and represent that your content will comply with these terms and conditions.

15.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

15.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)       be libellous or maliciously false;

(b)      be obscene or indecent;

(c)       infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy or right under data protection legislation;

(e)       constitute negligent advice or contain any negligent statement;

(f)       constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)       be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)        be blasphemous;

(j)        be in breach of official secrets legislation;

(k)       be in breach of any contractual obligation owed to any person;

(l)        depict violence, in an explicit, graphic or gratuitous manner;

(m)     be pornographic, lewd, suggestive or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)       consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)      constitute spam;

(q)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)       cause annoyance, inconvenience or needless anxiety to any person.

16       Report abuse

16.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

17       Breaches of these terms and conditions

17.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)       send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)       permanently prohibit you from accessing our website;

(d)      block computers using your IP address from accessing our website;

(e)       contact any or all your internet service providers and request that they block your access to our website;

(f)       commence legal action against you, whether for breach of contract or otherwise; and/or

(g)       suspend or delete your account on our website.

17.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

18       Warranties and representations

18.1    You warrant and represent to us that:

(a)       you are legally capable of entering into binding contracts;

(b)      you have full authority, power and capacity to agree to these terms and conditions;

(c)       all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)      you will be able to take delivery of the products in accordance with these terms and conditions.

18.2    We warrant to you that:

(a)       we have the right to sell the products that you buy;

(b)      the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)       you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)      the products you buy will correspond to any description published on our website; and

(e)       the products you buy will be of satisfactory quality.

18.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 19.1, all other warranties and representations are expressly excluded.

19       Limitations and exclusions of liability

19.1    Nothing in these terms and conditions will:

(a)       limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)       limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

19.2    The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)       are subject to Section 19.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

19.3    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

19.4    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

19.5    We will not be liable to you in respect of any loss or corruption of any data, database or software.

19.6    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

19.7    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

19.8    Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

20       Limited warranties

20.1    We do not warrant or represent:

(a)       the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date; or

(c)       that the website or any service on the website will remain available.

20.2    We reserve the right to refuse service to anyone for any reason at any time, to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

20.3    To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

21       Third party websites

21.1    Our website may include from time to time hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

21.2    We have no control over third party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

22       Variation

22.1    We may revise these terms and conditions from time to time. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

22.2    The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.

23       Scope

23.1    These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

23.2    These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

23.3    These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

24       Copyright notice

24.1    Copyright (c) 2015 Kippson Limited.

24.2    Subject to the express provisions of these terms and conditions, and any rights belonging to Shopify Inc in their capacity as the providers of the online e-commerce platform that allows us to sell our products and services to you:

(a)       we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

25       Assignment

25.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

25.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

26       No waivers

26.1    No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

26.2    No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

27       Severability

27.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

27.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

28       Third party rights

28.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

28.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

29       Entire agreement

29.1    Subject to Section 19.1, these terms and conditions, together with our Privacy and Cookies policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and use of our website and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

30       Law and jurisdiction

30.1    These terms and conditions shall be governed by and construed in accordance with English law.

30.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

31       Statutory and regulatory disclosures

31.1    We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

31.2    These terms and conditions are available in the English language only.

32       Our details

32.1    This website is operated by Kippson Limited

32.2    We are registered in England and Wales under registration number 9620194, and our registered office is at 49 Station Road, Polegate, East Sussex, BN26 6EA

32.3    You can contact us by writing to the address given above, by using our website contact form, or by email to customer.services@kippson.com