Terms and Conditions
KNEADS MUST LTD WEBSITE TERMS AND CONDITIONS OF SALE
This page (together with the documents referred to on it) explains the terms and conditions on which we supply any of the products (Products) listed on our website [http://www.kneadsmust.com] (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. By ordering any of our Products, you agree to be bound by these terms and conditions. All sales are subject to the terms and conditions set out herein and any additional or different terms proposed by you are hereby rejected and shall be of no effect, unless accepted in writing by us.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
http://www.kneadsmust.com is a site operated by Kneads Must Limited ("KML") (we). We are registered in the United Kingdom under company number 05339701 and with our registered office at Fairfax House, 15 Fulwood Place, London WC1V 6AY.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you have legal capacity to enter into a binding contract; and
(b) you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 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 acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 9 below) subject to prompt return by you of the Products in question. Your refund will be issued upon receipt of the returned order in our warehouse.
4.2 To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, unopened and in the same condition and packaging in which you received them, and at your own cost and risk.
4.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
5. AVAILABILITY AND DELIVERY
5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5.2 Failure by us to deliver the Products within the agreed time period shall not amount to a breach of contract by us and you shall not be entitled to damages or other compensation or to cancel any contract by reason of such failure to deliver. Where technical or other queries requiring your approval cause the processing of the Product to be delayed, the delivery time is automatically extended by the time taken to answer such queries.
6. RISK AND TITLE
6.1 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges where relevant. Such payments will be received electronically prior to supplying.
6.2 Once shipment is underway, you are responsible for any loss or damage to or deterioration in the Products from whatever cause arising, unless otherwise agreed in writing by us.
7. PRICE AND PAYMENT
All prices shall be payable in pounds Sterling. These prices include VAT but exclude delivery costs.
8. DESCRIPTION OF PRODUCTS
8.1 All Products are supplied subject to reasonable availability to us of suitable materials and we reserve the right, with notice, to substitute suitable materials.
8.2. All drawings, specifications, brochures, catalogues, labels, price lists and advertising matter are intended merely to present a general idea of the goods or services provided by us and are not intended thereby to constitute a sale by description nor shall they form part of any contract.
8.3 All drawings and specifications are and shall remain our property and must not be copied, reproduced or divulged either directly or indirectly to any other person without our prior written consent.
9. COMPLAINTS AND REFUNDS
9.1 All products will be refunded in full, provided that they are returned to us unopened and in a re-saleable condition except where faulty, unfit for purpose, not as described or of an unsatisfactory quality.
9.2 No complaint in respect of the Products shall be considered by us unless the complaint is received by us by email to firstname.lastname@example.org within fourteen days of delivery.
9.3 Where a complaint has been made in accordance with the provisions of this clause and we agree that the goods are faulty due to defective workmanship, we shall at our option either:
(a) when the defective goods have been returned deliver replacement goods; or
(b) cancel the agreement forthwith.
9.4 In agreeing to take such action, we shall specify whether the cost of such action shall be borne by us or by you or partly by us and partly by you.
9.5 Products returned by you within the seven-day cooling-off period (see paragraph 4.1 above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through our site is of merchantable quality and will comply with specifications in accompanying documentation and will be free from defects in design, materials and workmanship.
10.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
10.3 The exemptions from the provisions of Sections 13, 14 and 15 of the Sale of Goods Act (as inserted by Section 10 of the Sale of Goods and Supply of Services Act 1980 (the "1980 Act") contained in this Clause shall, in all cases other than a contract for the international sale of goods (as defined in the 1980 Act) be subject to the restrictions on such exemptions contained in Section 55(4) of the 1893 Act (as inserted by Section 22 of the 1980 Act).
10.4 We accept no liability for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Kneads Must Ltd by email at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 11. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. FORCE MAJEURE
14.1 Without prejudice to the generality of any previous exclusion or limitation of liability, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; and/or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We reserve the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. INTELLECTUAL PROPERTY
19.1 All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Kneads Must Ltd, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
19.2 Subject to sub-clause 20.3 below, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Kneads Must Ltd.
19.3 Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
20. LINKS TO OTHER WEBSITES
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Kneads Must Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
22.1 Kneads Must Ltd makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
22.2 No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
23. AVAILABILITY OF THE WEBSITE
23.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
23.2 Kneads Must Ltd accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
24. LIMITATION OF LIABILITY
24.1 To the maximum extent permitted by law, Kneads Must ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
24.2 Nothing in these terms and conditions excludes or restricts Kneads Must Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Kneads Must Ltd.
24.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
25. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by the Law of the England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of the England and Wales and you and Kneads Must Ltd agree to submit to the exclusive jurisdiction of the Courts of England and Wales.