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Terms of service

TERMS AND CONDITIONS

 

PLEASE READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS BEFORE YOU BUY ANYTHING ON OUR WEBSITE AND CHECK THAT THEY CONTAIN EVERYTHING WHICH YOU WANT AND NOTHING THAT YOU ARE NOT WILLING TO AGREE TO.

By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made. These Terms and Conditions are intended to provide you with information in a clear and understandable way and we would recommend that you read through them carefully.

By accessing or using the Websiteand/or placing an Order for any Products, youagree to be bound by these Termsand the documents referred to in them.

This contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In these Terms and Conditions, the following definitions shall have the following meanings:

“Order”means an order or purchase of a Product by you through the Website;

“Order Confirmation”means our acceptance and confirmation of your Order;

Product”means any of the products available for purchase on the Website;

“Subscription”means any recurring orders placed pursuant to the subscription packages offered on the Website;

We”, “us” or “our” means KinKind Limited;

“Website”means the website located at kinkind.co.uk;

You” or “your”means the person using the Website to buy the Products from us.

If you don't understand any of these Terms and Conditions and want to talk to us about it, please contact us by email – family@kinkind.co.uk. Please note that this email address is monitored between 9am and 5pm Monday to Friday, excluding Bank Holidays and we’ll try and respond to you as soon as we can during those hours.

Who are we?

Company Name: KinKind Limited

We are registered in England and Wales under company number: 11821491.

Our registered office is at: Hurst Field, The Drive, Bourne End, Bucks SL8 5RE.

Our VAT number is: 318295292

 

  • Introduction
    • If you use this Website for browsing or to buy any Products you agree to be legally bound by these Terms and Conditions.
    • YOU MAY ONLY BUY PRODUCTS FROM THE WEBSITE FOR NON-BUSINESS REASONS.
    • These Terms and Conditions are only available in English. No other languages will apply to this contract.
    • When buying any of our Products you also agree to be legally bound by:
      • our privacy policy;
      • any promotional terms in respect of promotions that we may run from time to time;
      • specific terms which may apply to certain Products including any information supplied on the Website in respect of ingredients and allergies.It is your responsibility to check these ingredients to ensure that you do not use any Product which may contain an ingredient for which you may have an allergy.

All of the above documents form part of these Terms and Conditions as though set out in full here.

  • Your privacy and personal information
    • Our Privacy Policy is available by clicking here.
    • Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
  • Access to and Use of the Website
    • Access to the Website is free of charge.
    • It is your responsibility to make any and all arrangements necessary in order to access the Website.
    • Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice.  We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
  • Ordering
    • These Terms and Conditions set out how a legally binding contract between you and us is made.
    • When you place an Order on the Website, please read and check your Order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
    • When you place your Order at the end of the online checkout process (e.g. when you click on the ‘PAY NOW’button) we will acknowledge it by email. This acknowledgement does not, however, mean that your Order has been accepted.
    • We may contact you to say that we do not accept your Order. This is typically for the following reasons:
      • the Products are unavailable;
      • we cannot authorise your payment;
      • you are not allowed to buy the Products from us;
      • we are not allowed to sell the Products to you;
      • you have ordered too many Products; or
      • there has been a mistake on the pricing or description of the Products.
    • We will only accept your Order when we email you with the Order Confirmation. At this point:
      • a legally binding contract will be in place between you and us in respect of that Order; and
      • we will dispatch the Products to you within the estimated timescale.
    • The Order Confirmation will contain the following information:
      • Your Order Number;
      • Confirmation of the Products ordered;
      • Fully itemised pricing for the Products ordered including, where appropriate, taxes, delivery and other additional charges;
      • Estimated delivery date; and
      • If your Order is for the regular delivery of Products by way of Subscription, details of your subscription, including its duration.
    • If you are under the age of 18 you may buy any Products from the Website. You may not be able to buy certain Products because you are too young. These are set out on the relevant webpage for the Products.
  • Right to Cancel
    • If you wish to cancel a one-off purchase, you have the right to do so prior to receiving a dispatch confirmation email. We will not accept a cancellation request after this point.
    • If you wish to cancel your Subscription you may do so by contacting us as described at clause 5.3 below. Your cancellation will be effective one (1) calendar month after the day on which you contact us. Any scheduled deliveries of Products during this notice period shall continue to be charged and delivered in accordance with the terms of your Subscription.
    • To exercise the right to cancel, you must inform us of your decision to cancel the Order by sending an email to family@kinkind.co.uk. You can use the model cancellation form set out in the box below, but it is not obligatory.

Cancellation Form

To: KinKind Limited

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Date

[*] Delete as appropriate

 

  • To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
  • We may (for any reason in our absolute discretion) refuse your application to a Subscription.
  • We reserve the right to cancel your Subscription at any time. If we exercise this right, we will notify you as soon as possible and will cancel all future deliveries and scheduled payments.
  • Effects of Cancellation
    • If you cancel an Order, we will reimburse to you all payments received from you, excluding the costs of delivery.
    • We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you.
    • We will make the reimbursement without undue delay, and not later than:
      • fourteen (14) days after the day we received back from you any Products supplied; or
      • if there were no Products supplied, fourteen (14) days after the day on which we are informed about your decision to cancel your Order.
    • We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
    • If you have received Products:
      • you shall send back the Products to us to KinKind Ltd, Fir Cottage, Marlow Rd, Bourne End, Bucks SL8 5NY, without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your cancellation to us. The deadline is met if you send back the Productsbefore the period of fourteen (14) days has expired;
      • you will have to bear the direct cost of returning the Products; and
      • you are only liable for any diminished value of the Products resulting from the handling other than that which is necessary to establish the nature, characteristics and functioning of the Products.
    • Delivery
      • The estimated timeframe for delivery of the Products is set out in the Confirmation Email.
      • If something happens which:
        • is outside of our control; and
        • affects the estimated date of delivery;

we will use reasonable endeavours to let you have a revised estimated date for delivery of the Products.

  • Delivery of the Products will take place when we deliver them to the address that you gave to us.
  • All Products purchased through the Website will normally be delivered as follows:
    • For one-off purchases, Products will normally be delivered within the estimated delivery date set out in the Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control);
    • For the ongoing supply of Products by way of your Subscription, Products will normally be delivered on or around the dates specified in your subscription schedule and we will continue delivering the Products until you validly cancel the Subscription.
  • Unless you and we agree otherwise, if we cannot deliver your Products within thirty (30) days, we will:
    • let you know;
    • cancel your Order; and
    • give you a refund.
  • You are responsible for the Products when delivery has taken place. In other words, the risk in the Products passes to you when you take possession of the Products.
  • We do not make deliveries to any addresses outside of the United Kingdom.
  • We may deliver your Products in instalments.
  • Payment
    • We accept the following credit cards and debit cards: visa, mastercard, amex, maestro, apple pay, google pay, paypal. We do not accept cash.
    • We will do all that we reasonably can to ensure that all of the information you give us when paying for the Products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these Terms and Conditions contract or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
    • All payments by credit card or debit card need to be authorised by the relevant card issuer. If your payment details change at any point, you acknowledge that your card provider may provide us with updated card details and you hereby authorise us to use these new details to process any future payments.
    • If your payment is not received by us and you have already received the Products, you:
      • must pay for such Products within seven (7) days; or
      • must return them to us as soon as possible. If so, you must keep the Products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the Products) and not use them before you return them to us.
    • If you have chosen to receive Products as part of an ongoing Subscription, you will be billed in advance before each delivery of the Products as per your chosen subscription.
    • If you do not return any Products (such as where you have not paid for them) we may collect the Products from you at your expense. We will try to contact you to let you know if we intend to do this.
    • The price of the Products:
      • is in pounds sterling (£)(GBP);
      • includes VAT at the applicable rate; and
      • does not include the cost ofdelivering the
    • You can find the specific details regarding your Subscription on the Website including your next scheduled delivery, by logging into your account and clicking on the relevant section of the Website.
  • To view, amend or cancel existing orders -www.kinkind.co.uk/account
  • To view the payments you have made – kinkind.co.uk/account
  • To view or amend your personal details - kinkind.co.uk/account/details
  • To view or amend your subscription / recurring order / payment card details - kinkind.co.uk/account/managesubscriptions/billing
  • To view or amend delivery address details - kinkind.co.uk/account/addresses
  • Nature of the Products
    • The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the Products:
      • are of satisfactory quality;
      • are fit for purpose;and
      • match the description, sample or model.
    • We must provide you with Products that comply with your legal rights.
    • The packaging of the Products may be different from that shown on the Website.
    • Images of the Products on the Website are for illustrative purposes only. While we try to make sure that:
      • all weights, sizes and measurements set out on the Website are as accurate as possible, there may be a small tolerance of up to five per cent (5%) in such weights, sizes and measurements; and
      • the colours of our Products are displayed accurately on the Website, there may be slight variations in colour between the image on the Website and the actual product sold due to differences in computer displays and lighting conditions.

Please not that this does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Products, not to different Products altogether.

  • Minor changes may, from time to time, be made to certain Products; for example, to reflect changes in relevant laws and regulatory requirements. Any such changes will not change any main characteristics of the Products and will not normally affect your use of those Products. However, if any change is made that would affect your use of the Products, suitable information will be provided to you.
  • In some cases, we may also make more significant changes to certain Products or to the price of those Products. If we do so, we will inform you in advance of the changes becoming effective.  If you are not happy with the changes, you may cancel the Order as described at clause 5.3.
  • Any Products sold:
    • at discount prices;
    • as remnants; or
    • as substandard;

will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

  • If we can't supply certain Products we may need to substitute them with alternative goods of equal or better standard and value. In this case, we will let you know if we intend to do this but this may not always be possible.
  • We may from time to time withdraw certain products from sale. If any Products purchased by you (whether as a one-off purchase or as part of your Subscription) are likely to be affected by such withdrawal, we will inform you by email and issue a refund as soon as reasonably possible.   Refunds will be made using the same payment method that you used when ordering the Products.
  • We make all reasonable efforts to ensure that all prices shown on the Website are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed except in relation to Subscriptions which may be subject to price changes from time to time.
  • Faulty Products

10.1     You must inspect the Products on the day of receipt. If you find that any Products you have purchased do not comply with their description and, for example, have faults or are damaged when you receive them, or if you receive incorrect Products, please contact us at family@kinkind.co.uk as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement. Your available remedies will be as follows:

  • beginning on the day that you receive the Products (and ownership of them) you have a thirty (30) calendar day right to reject the Products and to receive a full refund if they do not conform as stated above.
  • If you do not wish to reject the Products, or if the thirty (30) calendar day rejection period has expired, you may request a repair of the Products or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If you request a repair or replacement during the thirty (30) calendar day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Products.
  • If, after a repair or replacement, the Products still do not conform (or if we cannot do so as previously described, you may have the right either to keep the Products at a reduced price, or to reject them in exchange for a refund.
  • If you exercise the final right to reject the Products more than six (6) months after you have received the Products (and ownership of them), we may reduce any refund to reflect the use that you have had out of the Products.
  • Please note that you will not be eligible to claim under this clause 10 in the following circumstances:
    • if we informed you of the fault(s), damage or other problems with the Products before you purchased them (and it is because of the same issue that you now wish to return them);
    • if you have purchased the Products for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Products for that purpose; or
    • if the problem is the result of normal wear and tear, misuse or intentional or careless damage.Please also note that you may not cancel or return Products to us under this clause 10 merely because you have changed your mind.
  • Promotions
    • Any promotions offered in respect of the Products and/or Subscriptions may not be used in conjunction with any other offer or promotions.
    • Any promotional codes may only be used once per household so any attempted use of the same promotional code by persons registered at the same delivery address is restricted to one person.
    • We reserve the right to suspend or end any promotions at any time in our absolute discretion.
    • All promotions shall be subject to the relevant terms of that promotion.
  • Limit on our Responsibility
    • Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
      • losses that:
        • were not foreseeable to you and us when the contract was formed; or
        • were not caused by any breach on our part;
      • business losses; and
      • losses to non-consumers.

12.2     To the extent permitted by law, our liability to you is limited to the purchase price of the relevant Products.

  • Intellectual Property Rights
    • Unless otherwise stated, the copyright and other intellectual property rights in (i) the Products and (ii) all material on the Website (including without limitation all copyright, trademarks, designs, text, photographs, videos, images and graphics, and their layout and arrangement, database rights and all other intellectual property rights) are owned by us or by our licensors. These intellectual property rights are protected by the laws of England and Wales, international treaties and all other applicable copyright and intellectual property laws.
    • Any rights not expressly granted in these Terms and Conditions are reserved.
    • The Website and its material and content are made available for your personal non-commercial use. Any other use of such items or rights without our prior written consent is not permitted.
  • Third Party Rights

You hereby acknowledge and agree that nothing in these Terms and Conditions confers on any third party (including but not limited to any person to whom you have gifted a Product or Subscription) any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.

  • Force Majeure
    • We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.Such causes include, but are not limited to: supply chain issues, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
    • If any event described under clause 15.1 occurs, we will take reasonable steps to minimise the impact of such event in fulfilling our obligations under these Terms and Conditions. To the extent to which we cannot minimise any such impact, our affected obligations will be suspended and any time limits will be extended accordingly. Notwithstanding the foregoing, we reserve the right to cancel any Order as a result of any events outside of our control and we will notify you of such cancellation.
  • Severability

These Terms and Conditions are severable. If any term or condition is declared invalid unlawful or unenforceable to any extent, that term or condition will to that extent be severed so that the remaining Terms and Conditions will continue to be valid to the fullest extent permitted by law.

  • Assignment

The Agreement is made exclusively between us and you. You shall not be entitled to assign or transfer this Agreement in any way. We are entitled to assign, transfer, charge or otherwise deal in our rights as we see fit.

  • Entire Agreement

You agree that this Agreement is the complete and exclusive agreement between you and us regarding your use of the Website. This Agreement supersedes all prior agreements and understandings between us and you, whether established by custom, practice, policy or precedent.

  • Variation

We reserve the right to amend, modify, update or vary these Terms and Conditions at any time and such amendment, modification, update or variation shall take effect from the time on which it is made. Your continued use of the Website constitutes your acceptance of the revisions.

  • Disputes
    • We will try to resolve any disputes with you quickly and efficiently.
    • If you are unhappy with:
      • the Products;
      • our service to you; or
      • any other matter,

please contact us as soon as possible and will use our reasonable endeavours to try and resolve any complaint or dispute.

  • If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to these Terms and Conditions.
  • The laws of England and Wales will apply to these Terms and Conditions.