TERMS & CONDITIONS

Welcome to the website of Kitaken (“I”, "we", "our" or "us”). Please read these conditions carefully before you use this site as by using this site you are deemed to accept them in full without modification or amendment. If you do not accept them you must leave the website immediately and you may not make use of any information or services we provide through it.

This part of our website (https://www.kitaken.co.uk) (the “Website”, the “Site”) sets out for you our Terms and Conditions for the Site (“T&Cs”) and our Privacy Policy.

By using this site you are deemed to accept them in full without modification or amendment. If you do not accept them you must leave the website immediately and you may not make use of any information or services we provide through it.

Any description of Work Day or Business Day means Monday to Friday.

All transactions with us and your use of this Website are governed by the T&Cs and our Privacy Policy set out below and by any other rules and Terms & Conditions we post on our Website.

By using any part of this Website, and/or completing your customer registration with us, and/or placing an order with us either on or off line, you agree to be bound by these T&Cs and the Privacy Policy. 

We may modify these Terms & Conditions and/or the Privacy Policy at anytime and your continued use of this Site and/ or the continued placing of orders with us following a change signifies your agreement to be bound by the modified T&Cs and/or Privacy Policy. 

Please take time to read the Terms & Conditions, and our Privacy Policy and please watch out for updates.

USE OF THE WEBSITE

Privacy

Please review our Privacy Policy set out at the end of these T&Cs, so that you may understand our privacy practices. It explains the uses we will make of any information you provide via the Website or otherwise.

Language

This contract shall be concluded in English.

Placing an order and order acceptance

You place your order request for specified item/s on the Website when you click on the CHECKOUT button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.

Any subsequent order placed by you and accepted by us by email, telephone or any other electronic means will be subject to these T&Cs.

Once you have placed your order, you will be sent an email acknowledgement providing you with a payment reference and summary of your order showing the amount, which has been debited to your credit/debit card or Paypal account. 

Unless we notify you that we do not accept your order, our acceptance of your order will constitute the contract between you and us.

Orders placed off line will be subject to completion of an order form to be accepted in accordance with the provisions of these T&Cs.

An electronic invoice will always be provided when your order is placed with the email provided. Should you require any information regarding your order(s) please contact us by email at info@kitaken.co.uk

If we are unable to fulfil your order or part of the order following the issue of our order acknowledgment, we will contact you by email or telephone as soon as possible advising you of this. We will offer a suitable replacement, place your product on back order (additional postage charges may apply) or refund the due amount paid by you using the same method of payment used by you for the order.

We may not accept your order if a particular item is not obtainable, if we are unable to obtain authorisation for your payment or if we identify a product or pricing error. In addition we reserve the right in our absolute discretion to reject any offer purchased by you at any time without having to provide an explanation.

Product details

We take all reasonable care to ensure all details, descriptions and prices of products and services shown on the Website are correct at the time the relevant information is entered into our system.

Although we aim to keep the Website as up to date as possible, the information appearing on this Website at a particular time, including product descriptions, stock levels, pricing and foreign currency rates may not always reflect the position exactly at the moment you place an order. We cannot therefore confirm the price of a product until your order is accepted in accordance with our order acceptance policy. (See above). All handmade products will vary from batch to batch in colour, thickness and sometimes in size. Please get in touch if you have any specific requests before ordering.

Payments

Unless in respect of any particular product or products prices are stated to be exclusive of VAT, all prices shown for products made available via the Website are inclusive of VAT (where applicable) at the current rates and are exclusive of postage, packing and delivery charges.

The total cost of your order is the price of the products ordered plus VAT (where applicable) and postage, packing and delivery charges (as set out in the Website). 

You confirm that the credit card, debit card or Paypal account you use for any transaction with us is yours. All credit and debit cardholders are subject to validation checks and authorisation by their card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery of any items you have ordered.

Ownership

We retain the legal ownership of the goods until you have made full payment and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you or if any card provider charges back the amount previously credited to us. In the event of a charge back you will be liable to us for payment for the products sold to you and this sum shall thereupon become immediately due and payable to us.

Risks

Risk in the goods will pass to you on delivery to you.

Returns Policy

We do not offer refunds on purchases unless the goods are faulty. Exchanges can sometimes be made but under no circumstances do we accept returns on personalised items.

Accuracy

We attempt to be as accurate as possible when describing products and services on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.

Intellectual Property

All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, photographs, sounds, music, audio clips, video, data compilations, software, HTML and all other code and the compilation thereof (the “Content”) is at all times the property of, or vested in, Kitaken, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws. The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of Kitaken, our affiliates, our licensors or our partners in the UK and other countries and are protected by UK and international trade mark laws.

Third party links

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates, or our partners of the referenced content, product, service, or supplier. 

Linking by you to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.

Limitations of our Liability

The Website is presented “as is” and “as available”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including, but not limited to, warranties of satisfactory quality, merchantability, non-infringement, fitness for a particular purpose, reasonable care or skill, or duty of care, except to the extent such representations and warranties are not legally excludable.

Other Considerations

You acknowledge and agree that these T&Cs, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any goods and services from Kitaken, and supersede and govern all prior proposals, agreements, or other communications.

If any provision of these T&Cs is held to be illegal, invalid or unenforceable in whole or in part, then these T&Cs shall continue to be valid as to the other provisions not so affected. Any waiver of any of the provisions of these T&Cs by Kitaken shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these T&Cs.

No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these T&Cs and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 

The rights and remedies provided by these T&Cs are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these T&Cs as regards any of the times, dates and/or periods mentioned herein.

Nothing contained in these T&Cs or created by your use of the Site or other transactions between you and us shall be construed as creating any agency, partnership, employment relationship, or other form of joint enterprise between us. You acknowledge and agree that no such agency, partnership, employment relationship, or other form of joint enterprise exists between you and Kitaken. You agree you will not hold yourself out as a representative, agent, or employee of Kitaken, and that we shall not be liable for any representation, act, or omission on your part.

We reserve the right to change these T&Cs at any time and we encourage you to revisit these T&Cs regularly to ensure that you are at all times fully aware of our T&Cs. Any changes are effective immediately upon posting to the Website. Your continued placing of orders with us and/or use of the Website constitutes your agreement to all such T&Cs.

We may, with or without prior notice, terminate any of the rights granted by these T&Cs. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website.

We will not be liable to you or any third party by reason of our withdrawing of any goods from this Website whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Privacy Policy

Respect for your privacy, and the security of the personal information you give us when you visit our website, is fundamental to your willingness to use our services and to the success of our business.

This Privacy Policy sets out how we respect your privacy and how we handle the non-financial information you give us through this website that identifies you personally (“Personal Information”). Financial Information about you is not provided to us but to our independent payment partners, Stripe and Paypal. 

This policy tells you more about what Personal Information we collect about you during your visits to this Website and what we do with that information.

If you are under 18 years of age you must inform a parent or your guardian about our Privacy Policy and our Terms and Conditions before you use our website and you must obtain their consent to that Privacy Policy and those Terms and Conditions before placing an order with us.

Collection of information and its use

We do not collect any Personal Information about you, except when you provide it to us.

When you submit your Personal Information on this Website, you will be asked to consent to the processing and transfers of your Personal Information as set out in this Privacy Policy. If you do not want us to collect any Personal Information from you, please do not provide us with that information. 

The Personal Information you provide us through this Website will be used by us only for the purposes of processing your orders, responding to any comments or questions you have, fulfiling and delivering your orders and administering your account. The very few exceptions to this rule we are required to make by law or otherwise are set out in this Privacy Policy.

We seek appropriate levels of protection from third party business parties with whom we exchange any data that could identify you personally.

When you place an order with us we need to hold your Personal Information, including your name, e-mail address, phone number(s), home address and shipping address(es) so that we can process and deliver your order.

We use encryption that protects your Personal Information from unauthorised access by encrypting it before it is sent to us. Credit card details are entered directly into our payment partner’s system. We may sometimes ask for additional telephone numbers that we may need to give to our couriers for delivery purposes. We only collect this information in order to be able to process and deliver your order and to verify the status of your orders.

We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing and executing marketing plans.

We may collect, store or accumulate certain non-personally identifiable information concerning your use of this Website, such as information regarding which of our pages are most popular and general website administration.

We may share or transfer non-personally identifiable information with or to our affiliates, licensees and partners to:
a. enhance this Website; 
b. assist in the development and design of similar sites run by our affiliates, licensees and partners; and 
c. enable them to undertake marketing activities on our behalf. 

Such affiliates, licensees and partners may be located in countries both inside and outside the European Economic Area (“EEA”). Although countries outside the EEA may not require the same level of protection of Personal Information as countries within the EEA, we always demand that our affiliates, licensees and partners adhere to the same procedures that we follow ourselves with respect to your Personal Information, including this Privacy Policy; otherwise we will not share that information with them.

We will never sell or rent your Personal Information to third parties.

We may also use your information to tell you, by email, surface mail or by telephone, about our products, promotions and special offers that may be of interest to you. In particular, we may look at what you have previously ordered in an attempt to be able to tell you about promotions that will be of particular interest to you. Our aim is to help you find the products and services you want. We always attempt to limit our use of your information in these circumstances to offers we think you will welcome. All customers are given the opportunity of opting in to receive such information at the time they give us their Personal Information. If you decide at anytime you no longer want to receive such information from us you can unsubscribe by emailing us at info@kitaken.co.uk

We may disclose any information, including Personal Information, at our sole discretion, as we deem necessary in order to comply with any applicable law, regulation, legal process or governmental request.

We do not seek any sensitive information through this Website. Sensitive information includes data concerning race or ethnic origin, political opinions, religious or other similar beliefs, physical or mental health. If you provide us with sensitive information voluntarily, then by providing that information you explicitly consent to us using it for the purposes for which it has been provided.

Accuracy of Personal Information you send us

We take great care to create an accurate record of your Personal Information based on any Personal Information you send us through the Website. However, we do not assume responsibility for confirming the continuing accuracy of your Personal Information.

Cookies

We use cookies to administer our Website. We will not use cookies in combination with your Personal Information without your prior consent. 

A cookie is a string of information made up of text only that a website transfers to the cookie file of the browser on your computers hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a value.

Cookies help us to serve you better because they help the website to arrange content to match your preferred interests more quickly. They are used by most major websites.

Use of information by third parties

We may retain other companies and individuals to perform functions on our behalf in relation to the purposes set forth in this Privacy Policy. Examples include data analysis firms, customer support specialists, web-hosting companies, and fulfilment companies (e.g., companies that coordinate mailings). Such third parties may be provided with access to your Personal Information if needed to perform their functions, but may not use such information for any other purpose. Such third parties may be located in countries both inside and outside the European Economic Area (“EEA”). Although countries outside the EEA may not require the same level of protection of Personal Information as countries within the EEA, we always demand that third parties adhere to the same procedures that we follow ourselves with respect to your Personal Information, including this Privacy Policy.

Links to other websites

This Website may contain links to or from other websites. Please be aware that we are not responsible for the privacy practices of other websites. This Privacy Policy applies only to the information we collect on this Website. We encourage you to read the privacy policies of other websites you link to or from our Website or otherwise visit.

Security of your Personal Information

We implement various security measures to protect the security of your Personal Information, both on-line and off-line. Your Personal Information could at sometimes be stored at facilities sited anywhere in the world, not necessarily within the EEA. If you have any questions about security at our Website, you can send an email to us.

Governing law

Your use of this Website and any purchase by you of any goods or services from Kitaken and our Privacy Policy shall be governed by Scottish law and the parties hereto submit to the exclusive jurisdiction of the Scottish courts.

Returns

Please inspect the goods immediately upon receipt and you will be deemed to have accepted the goods unless you notify us that you want to return the goods in the circumstances provided for and in accordance with the procedure set out in this section. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected. 

If you do not receive the entire order as set out in the order confirmation email sent to you when that order is received (and in this regard please note that the order may be despatched in one or more parcels which may not all be delivered at the same time) please contact us by e-mail immediately.

Whilst every effort will be made to supply your goods in accordance with your order if for any reason the goods are not in accordance with that order or is defective in any way please notify us immediately, but in any event within 7 days of receipt by contacting us by e-mail. Please note that exceptions to this policy include personalised goods that cannot by their nature be returned. You will then be asked to return the goods to us at your expense and if we agree with your complaint, we will either replace the goods or refund you the amount paid by you for the product/s onto the card or Paypal account used for the original order. We shall not be obliged to replace or refund an order unless you notify us and return the goods strictly in accordance with this section.