Terms and Conditions

TERMS AND CONDITIONS

 

About Us Kick Footwear is the trading name for registered Company PJ Kang Ltd in England and Wales under company number 10211229 and with our registered office Bohemian Accountants Ltd, 830a Harrogate Road, Greengates Lodge, Bradford, West Yorkshire, United Kingdom, BD10 0RA. For all correspondence please use the address for Kick Footwear; Unit 18 Imex Business Park, Fisher Street, Tipton, United Kingdom, DY4 8XE. Our VAT number is GB 242524920 Our email address is: sales@kickfootwear.co.uk By using this Website, it indicates that you accept these terms and conditions together with our Privacy Policy, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use this Website.

 

Terms of Sale This page tells you the legal terms and conditions (T&C’s) on which we sell any items on the site to you. Please note these T&C’s only apply to the purchase of Items on the site. Please ensure to read these T&C’s carefully and make sure that you understand them before ordering any Items from the sites. By placing an order, you confirm your acceptance of these T&C’s. You should print a copy of these T&C’s or save them to your computer for future reference. These T&C’s can be amended from time to time. Every time you wish to order Items, please check these T&C’s to ensure you understand the T&C’s which will apply at that time. We reserve the right to amend these T&C’s from time to time. These T&C’s were most recently updated on 01 April 2018.

 

Contract The contract is formed between you and us through:

* Our shopping pages will lead you through the steps needed to take to place an order with us. Our order process allows you to check and amend any errors before entering checkout;

* Please take the time to check the details of your order at each stage of the order process and before clicking “Pay for My Order”, as you will not be able to make any changes to your order after this point;

* After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us;

* We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched. The contract between us will only be formed when we send you the Dispatch Confirmation.

* Please note that Items are subject to availability. As there is a delay between the time when the order is placed and the time when the order is processed, the stock position relating to

particular items may change. If an Item becomes out of stock, we will notify you as soon as possible and you will be refunded where we have already taken payment. We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity. If we are unable to supply you with an Item in these circumstances, we will inform you of this by e-mail. If you have already paid for the Items, we will refund you the full amount including any delivery costs charged as soon as possible.

Items on the Site Images of the Items on the site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Items. Your Items may vary slightly from those images. All sizes and measurements of Items are approximate; however, we do make every effort to ensure they are as accurate to industry standard as possible. We take all reasonable care to ensure that all details, descriptions and prices of Items are as accurate as possible. We reserve the right to refuse orders where information about Items has been mis-published, including without limitation prices and promotions. All our Items are sold on the basis that they are suitable for domestic use only. Please contact us for further information if you intend using any Items in a business or public environment. We take all reasonable care to ensure that the prices of Items are correct at the time when the relevant information is entered onto the Sites. Prices for Items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched. The price of an Item includes VAT (or similar sales tax) (where applicable) at the prevailing rate for which we are responsible as a seller. Please note that the prices listed on the site are only applicable for Items purchased on the site and not through any other source. The price of an Item does not include delivery and returns charges. You will be provided with details of our delivery charges during the order process.

Please note that whilst we take utmost care in ensuring the content on the site (including descriptions of the Items and associated services such as shipping, payment terms, offers and promotions and delivery timescales) are accurate the site may at times contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Where this affects an order that you have already placed we will notify you of the error if it will impact upon your order. In this regard, we reserve the right not to fulfil any orders that you have placed based on information on the site that may contain errors or inaccuracies.

 

 

 

Price & Payment The price payable for the Products shall be as shown on the Kick Footwear Website. Prices advertised on the Website include UK VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance. Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order. Prices are subject to change without notice but changes will not affect orders which We have already accepted. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We are under no obligation to provide the Product to you at the incorrect price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing. Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard, Solo, Maestro and Electron. We also accept payments via PayPal. We offer the 3D Secure service which provides you with a safer shopping experience when using your credit card online. You can register for the service when you reach the checkout process or by contacting your card issuer directly. This is a one off-registration process and you will be able to use the same password when making future purchases with us. Please note, dependent on your card issuer we may not be able to process your order if you do not register and a different method of payment may be required to complete your purchase. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Only one promotion code can be used per order. All Items ordered remain our property until we receive full payment from you.

Cancellations

If you wish to cancel your order please contact Customer Services on sales@kickfootwear.co.uk. Please note, we can not cancel any orders if they have already been dispatched, however you can return your order for a full refund. Delivery

 

You will be given various options for delivery of Items during the order process. The options available to you will vary depending on where you are ordering from. Please see Delivery page for further information on prices and your options. Delivery charges will be applied in addition to the prices for the Items you are purchasing. The amount of the delivery charge will depend on delivery option you have chosen. Please note that in addition to the Items and delivery charges we apply to your order, you may also be required by your country of residence to pay import duties and taxes. Please contact your local customs office for further information so that you are sure about the applicable duties and taxes before you place your order. We are not responsible for payment of such duties and taxes and in the event that you refuse to pay such duties and taxes and the order is returned to us, we will

require you to pay any costs that we have incurred as a consequence. You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for any delays to your delivery or delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information. We will make every effort to deliver your order within estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control for example, material shortages, travel or transportation disruption, import delays, software or technical failures or higher than anticipated demand. Please note delivery of your order may take longer during sale or other busy periods. We are unable to deliver on public and bank holidays, Christmas Day, Boxing Day or New Year’s Day. On these dates, delivery will take longer than usual. Please allow an extra working day (i.e. Monday-Friday, excluding Saturdays, Sundays and public holidays) for each of these days when calculating the estimated delivery date and when choosing your delivery option.

Returns Please see Returns page for full information regarding Returns and exchanges. The above does not affect your statutory rights.

 

General Your use of the Site is governed by our Terms of Use. Amongst other matters, this details how you may use our name, logos and content on the Sites. Please take the time to read this carefully so that you are clear about how you may use the site. By using the site, you are confirming acceptance of the terms of our Terms of Use. When you use the sites we will use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully as it sets out how we will use information about you and how your information may be shared with third parties. By placing an order on and/or using the Site you are confirming acceptance of the terms of the Privacy Policy. The Site uses cookies. Please review our Cookies Policy to see how we collect and use information collected by cookies on our Site. By using the Site you are confirming acceptance of the terms of our Cookies Policy. If you are a consumer, you may only purchase Items from the Site if you are at least 16 years old. Otherwise you a parent or guardian must purchase Items from the Sites for you. You agree not to use any Items purchased for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We only supply the Items for domestic and private use. If you are not a consumer you must obtain our prior written consent to purchase Items from the Site. Nothing in these Terms excludes our liability for death or personal injury caused by negligence, for fraud or any other liability that cannot excluded or limited by law. These Terms and any document expressly referred to in them, our Privacy Policy, Cookies Policy and Terms of Use constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. You acknowledge that in placing an order and entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently)

that is not set out in these Terms or any document expressly referred to in them including without limitation our Privacy Policy, Cookies Policy or Terms of Use. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on these terms. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by any act or event beyond our reasonable control. We may transfer our rights and obligations under our contract with you to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. When you purchase Items from us, the contract formed is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. These Terms are governed by English law. This means your use of the Sites and any contract for the purchase of Items through the Sites; and any dispute or claim arising out of or in connection with the same will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to settle any disputes arising out if these Terms or your use of the Sites. If you have any questions about our Terms or Sites please contact us.

 

Terms of Use These Terms set out how you may use the Site and the content within them, whether as a guest or a registered user. Use includes without limitation accessing, browsing, or registering to use the Site or submitting any contributions (defined below). These terms also set out how you may interact with us on our official social media accounts (including without limitation our accounts on Facebook, Twitter, Instagram, Snapchat and Youtube). Interacting in this context includes without limitation: joining our official Kick Footwear group/page, following us, “liking”, “retweeting”, or writing a comment in relation to a page, or submitting a Contribution (defined below) on the Social Media. The Site and the Social Media shall together be referred to as the “Services” in these Terms. Please also read our Terms and Conditions of Sale, which relate to your purchase of items from the Sites and the Privacy Policy and Cookies Policy that relate to information collected during your use of the Services and other In The Style services. Please read the Terms carefully before you start to use the Services. By using the Site and Interacting with us on the Social Media, you are agreeing to these Terms, the Privacy Policy, Cookies Policy and Terms of Sale (collectively “Our Terms”) and agree to comply with them. If you do not agree to Our Terms you must not use the Services.

You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of Our Terms and that they comply with them. We reserve the right to amend these Terms from time to time. The Terms were most recently updated on 1st April 2018

 

Your Account When you register an account with Kick Footwear on our Site you will have to use an email and password to login. You must treat your Login Details as confidential information and you must not disclose your Login Details to any third party. Please see our Privacy Policy for details on how we will use the information you give to us. We reserve the right to close / disable an Account if you are considered to be using proxy IPs (Internet Protocol Addresses) in order to attempt to hide the use of multiple accounts, or your use disrupts the services we provide in any way or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

 

Intellectual Property Rights The intellectual property rights in the Services (including without limitation the content and software used in the Services) remains our property or the property of or licensors (as applicable). These rights are protected by copyright, treaties and laws around the world and are expressly reserved. Any use of the Services, including without limitation copying, storing in whole or in part, for a commercial use is prohibited without our prior written permission. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use. You must not:

* Use any part of the content on the Services for commercial purposes without obtaining a licence to do so from us;

* Modify the paper or digital copies of any materials you have printed off or downloaded from the Services in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which is provided on the Services;

* Modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by us or our licensors on the Services;

* Use or otherwise reproduce the Kick Footwear or PJ Kang Ltd name and/or logos (or any marks which are colourably similar) without our prior written consent.

* Our status (and that of any identified contributors) as the authors of content of the Services must always be acknowledged. Your Interaction with us on the Social Media may involve you submitting content, a photo or video of you (“Your Content”). By Interacting with us on the Social Media you hereby grant us a non-exclusive, transferable, royalty-free, worldwide licence to use Your Content on the Social Media and on other sources notified to you on the relevant Social Media page. This includes without limitation a licence to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distri

part of Your Content) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Use may also include sharing Your Content with trusted third parties. If you print off, copy or download any part of the Services in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Limitation on Liability Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Services or any content on them, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Services or use of or reliance on any content displayed on the Services. Please note that we only provide the Services for domestic and private use. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss m of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on the Services, or on any website linked to the Services. We do not guarantee that the Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.

 

Prohibitions You must not misuse the Services. You must not, in relation to the Services: introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or in breach of confidence or is any way offensive or obscene attack the site via a denial-of-service attack or a distributed denial-of service attack; commit or encourage a criminal offence; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights (including without limitation intellectual property rights); send any unsolicited advertising or promotional material / “spam”; attempt to affect the performance or functionality of any computer facilities access through the site hack into any aspect of the Services; and/or corrupt data. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use of the Services will cease immediately. You must not use the Services for any commercial purposes (including without limitation using automated systems or software to extract data from the Services) without our prior written consent.

 

 

 

Applicable Law

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the English courts will have non-exclusive jurisdiction to settle any disputes arising out of or in connection with the Services.

Privacy Policy

 

At Kick Footwear, we are 100% committed to protecting the privacy and security of our customers and site visitors. We appreciate and respect how important privacy is. If you have any questions about how we Protect Your Privacy please contact us.

We do not, and will not, sell any of your personal data to any third party – including your name, address, email address or credit card information. We want to earn and maintain your trust, and we believe this is absolutely essential in order do that.

However, we share your data with the following categories of companies as an essential part of being able to provide our services to you, as set out in this statement:

* Companies that do things to get your purchases to you, such as payment service providers, warehouses, order packers, and delivery companies. We only use reliable delivery services such as Royal Mail who all adhere to strict privacy policies in handling of customer information.

* Professional service providers, such as marketing agencies, advertising partners and website hosts who, who help us run our business. This information is never sold for any other purpose other than us, sharing with you, items which we think you may wish to see. We will seek prior approval from you before including you on any email marketing mail outs, after which, you have the option to opt out at any time. This process is effective immediately.

* Credit reference agencies, law enforcement and fraud prevention agencies, so we can help tackle fraud.

* Companies approved by you, such as social media sites. This will only be done with your prior consent, if you have chosen to link your account with ours.

* We may provide third parties with aggregated but anonymised information and analytics about our customers and, before we do so, we will make sure that it does not identify you. By this we mean in order to grow from time to time we may wish to complete various market research to assess our business, for this we may use a third party, for this all behaviour remains completely anonymous; no names, email addresses or credit card information will be shared with them.

 

 

Keeping your information

 

We’ll hold on to your information for as long as you have your account, this is so that when you return you are able to complete your transaction with ease or access our members deals. This will also be used by our Customer Care team in order to provide necessary support based on orders only.

If necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may be required to keep hold of some of your information as required, even after you have closed your account. If this is ever the case you will be informed.

Of course we would be sad to loose you but if you wish to delete your account you can do so very easily from the 'My Account' Section of the website, alternatively you can email us and we can do this for you. Deleting your account, means that all your information provided to us by you, will be deleted permanently. We promise that we do not hold onto any of your information after deletion of your account. If you wish to create an account again at a later date we will need the information again.

 

Your rights

 

As a valued customer to us, you have many rights regarding your privacy;

 

* The right to be informed about how your personal information is being used

* The right to access the personal information we hold about you

* You may request details of personal information which we hold about you under the Data Protection Act 1998 and the GDPR from May 2018. If you would like a copy of the information held on you please write to PJ Kang Ltd, Unit 18 Imex Business Park, Fisher Street, Tipton, United Kingdom, DY4 8XE. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

* The right to stop direct marketing messages, and to withdraw consent for other consent-based processing at any time

* The right to request the correction of inaccurate personal information we hold about you, and the right to request we delete your data - although you can do both of these things through 'My Account'

* If you would like to delete your information from 'My Account' this is a permanent and instant delete, just one click and your information will be forgotten from our system, you will receive a message to confirm this has been done. If you have any issues with this, get in touch and we can assist you in this.

 

 

 

 

COOKIES

What are they and why do we use them?

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

These help us to get to know your preferences and so we can deliver a much better service to you.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us through your 'My Account' settings.

 

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

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