TERMS + CONDITIONS
These terms and conditions (together with the documents referred to in them) detail the terms and conditions on which we supply any of the products (“Products”) listed on our website kevindenim.com (“our website”) to you.
Please read these terms and conditions carefully, and make sure that you understand them, before ordering any Products from our website. By ordering any of our Products, you agree to be bound by these terms and conditions and you should print a copy of these terms and conditions for future reference.
Please understand that if you do not accept these terms and conditions, you will not be able to order any Products from our website.
1. Information about Kevin Denim Ltd
1.1. We operate the website www.kevindenim.com. Kevin Denim Ltd is a registered UK company number 10687703, having its registered office at 1 Beauchamp Court, 10 Victors Way, Barnet, Hertfordshire, England, EN5 5TZ
2. Service Availability
2.1. The Products offered for sale on our website are available internationally in addition to residents of the United Kingdom.
3. Your Status
3.1. By placing an order through our website, you warrant that:
3.1.1. you are legally capable of entering into binding contracts; and
3.1.2. you are at least 18 years old.
4. How the contract is formed between you and us
4.1. 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 (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
5. Consumer Rights
5.1. You may cancel a Contract at any time within fourteen (14) 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 clause 10 below).
5.2. To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3. This provision does not affect your other statutory rights as a consumer.
6. Availability and Delivery
6.1. 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.
6.2 Postage and packing costs will be added to the cost of your order and will depend on the delivery option you choose. The postage and packing charge you will pay, will be shown on screen before you confirm your order. Where multiple items are included in one order, we may dispatch the items separately, in which case, you will only be charged one postage and packing charge.
7. Risk and Title
7.1. The Products will be your responsibility from the time of your signature at the time of delivery.
7.2. 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.
8. International Deliveries
8.1. If you order Products for delivery outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and cannot predict their amount.
8.2. You will be responsible for the payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.3. If you choose to access our website from outside the United Kingdom or place orders for delivery to locations outside the United Kingdom you are responsible for compliance with applicable local laws. We will not be held liable or responsible if you break any such law.
9. Price and Payment
9.1. The price of the Products and our delivery charges will be as quoted on our website, except in cases of obvious error.
9.2. Kevin Denim products do not currently include VAT in accordance with UK regulations
9.3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.4. It is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the pricing error is obvious and unmistakable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
9.5. Payment for all Products must be by credit or debit card. We accept payment with Visa, MasterCard, Visa Electron and American Express.
9.6 Discount codes and promotions cannot be used in conjunction with any other offer. During our sales our products are already discounted so your promotion or discount code will not be valid when purchasing sale items. The offer is subject to availability on full priced items only.
9.7 Payments are processed by Worldpay and no card data is shared with, or stored by, Kevin Denim Ltd.
9.8 We accept payments in GBP (Great British Pounds) only. Payments made from a non-GBP account will require your bank to make a currency conversion. Your banking provider may charge for currency conversions and you are advised to check with them first before placing an order.
10. Our Refunds Policy
10.1. If you return a Product to us:
10.1.1. because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
10.1.2. for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.1.3. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.1. We warrant to you that any Product purchased from us through our website will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. Our Liability
12.1. Subject to clause 12.2, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
12.1.1. loss of income or revenue;
12.1.2. loss of business;
12.1.3 loss of profits;
12.1.4 loss of anticipated savings;
12.1.5 loss of data; or
12.1.6 waste of management or office time.
However, this clause 12.1 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 12.1.1 to 12.1.6 inclusive.
12.2 Nothing in this agreement excludes or limits our liability for
12.2.1. death or personal injury caused by our negligence;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
12.2.4 defective products under the Consumer Protection Act 1987;
12.2.5 any deliberate breaches of these terms and conditions that would entitle you to terminate the Contract; or
12.2.6 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
13. Written communications
13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, 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.
14.1. All notices given by you to us must be given to Kevin Denim at firstname.lastname@example.org. 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 clause 13 above. 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.
15. Transfer of rights and obligations
15.1. The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2. 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.
15.3. 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.
16. Events outside our control
16.1. 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).
16.2. 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:
16.2.1. strikes, lock-outs or other industrial action;
16.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5. impossibility of the use of public or private telecommunications networks;
16.2.6. the acts, decrees, legislation, regulations or restrictions of any government;
16.2.7. pandemic or epidemic; and
16.2.8. failure of our suppliers to supply.
16.3. 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.
17.1. 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2. A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
18.1 If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
19.1. Nothing in this clause limits or excludes any liability for fraud.
19.2. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of this Contract. Please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. Our right to vary these terms and conditions
20.1. We have the right to revise and amend these terms and conditions from time to time.
20.2. 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 fourteen (14) working days of receipt by you of the Products).
21. Law and Jurisdiction
21.1. Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. Third Party Rights
22.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
This website (our “website”) is the website of Kevin Denim Ltd (“Kevin Denim”, “our”, “us” or “we”).
1. Use of kevindenim.com
1.1 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period. We may at our sole discretion terminate your access to some or all of our website or the services provided by it with or without notice.
1.2 From time to time we may restrict access to some parts of our website, or our entire website.
1.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and keep it secure, and you must not disclose it to any other person or entity.
1.4 We have the right, at any time without notice, to disable any user identification code, login or password, whether chosen by you or allocated by us if in our opinion you have failed to comply with any of the provisions of these Terms.
1.5 You are responsible for all activities that occur under your account, login or password (including, without limitation, all orders placed through your account). Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
1.6 When using our website, you must comply with our Acceptable Use Policy, details of which are set out below. You are responsible for making all arrangements necessary for you to have access to our website.
2. Acceptable Use Policy
2.1 You may use our website and services only for lawful purposes. You may not use our website or the services we provide:
2.1.1 in any way that breaches any applicable local, national or international law or regulation;
2.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.1.3 for the purpose of harming or attempting to harm minors in any way;
2.1.4 in any way to send unsolicited (commercial or otherwise) e-mail (“Spam”) or any material for marketing or publicity purposes, or any similar abuse of either;
2.1.5 to send, knowingly receive, upload, download, publish, post, distribute, disseminate or otherwise transmit, use or re-use any material or information which is inaccurate, illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised or otherwise unlawful or objectionable or which may expose you or us to legal action or reputational damage, or procure any of the foregoing;
2.1.6 to threaten, harass, stalk, abuse, disrupt, or otherwise violate the rights (including rights of privacy and publicity) of, others; or
2.1.7 to send or upload any material or knowingly transmit any data that is corrupt or contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
2.1.8 reproduce, duplicate, copy, re-sell or otherwise use any part of our website in contravention of the provisions of these Terms;
2.1.9 obtain or attempt to obtain unauthorised access to, through whatever means, interfere with, damage or disrupt: any part of our website or the services; any other services or computer systems, equipment or software used in the provision of our website; any areas of our, or any of our partners’ networks which are identified as restricted, or do anything which may interrupt or impair their functionality;
2.1.10 modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
2.1.11 make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
2.1.12 impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead us or others as to the identity or origin of any communications or to provide inaccurate or unreliable contact details; or
2.1.13 falsify the true ownership of software or other material or information contained in a file made available via our website or the services.
2.2 Whenever you are asked to provide information in connection with the website or the related services, you agree to provide true, accurate, current and complete details. It may not be possible to provide you with the services if you do not provide the minimum mandatory information required. You do not have to provide us with any optional information requested. Please notify us immediately of any changes in any information you provide to us which we designate as mandatory.
2.3 We will determine, at our discretion, whether there has been a breach of this acceptable use policy through your use of our website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
2.4 Failure to comply with this clause constitutes a material breach of these Terms and may result in our immediate, temporary or permanent withdrawal of your right (if any) to use our website and/or the services or of any posting or material uploaded by you to our website, legal action against you and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described are not limited, and we may take any other action we reasonably deem appropriate.
3. Intellectual property rights
3.1 We are the owner or the licensee of all copyright and other intellectual property rights in our website (including without limitation any HTML source code) and in the material (including all photographs, graphics, text, images, sounds, video and other media) and information published on it, including any software. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 Except as provided in these Terms or permitted by law, neither our website, nor such material or information (or any part(s) thereof) may be used, transmitted, copied, reproduced, distributed, republished, downloaded (except for page caching as required to view our website on the Internet in accordance with these Terms), modified, displayed, posted, adapted or decompiled in any form or by any means. For example, you must not make a collection of any product listings, descriptions or prices; make derivative use of our website or its contents; download or copy account information for the benefit of another merchant; or use data mining, robots or similar data gathering and extraction tools.
3.3 You must not use any part of the materials or information on our website for any commercial purpose, or otherwise, without first obtaining a licence to do so from us or our licensors.
3.4 You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
3.5 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.6 Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
3.7 If you print off, copy or download any part of our website in breach of these Terms or otherwise breach these Terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4 Trademarks, service marks and trading names
4.1 Kevin Denim and the associated logos shown on our website are trademarks, service marks and/or trading names of Kevin Denim Ltd.
4.2 All page headers, all graphics, all button icons, all trademarks, service marks, get-up and logos appearing on this website (unless otherwise noted) belong to us or their respective owners and you agree not to display or use (or misuse) the same in any manner or display or use (or misuse) product names, company names, logos without our or the respective owner’s prior written permission.
5. Reliance on information posted
5.1 Commentary and other information or materials (including without limitation text, photographs, graphics, links and other items, whether incorporated in advertising materials, materials relating to us, or our products or services or those of any other person, company or entity or otherwise) posted on our website are not intended to amount to advice on which reliance should be placed and are provided without any representation or warranty of any kind and to the exclusion of all conditions and other terms which might otherwise be implied by statute, common law or the law of equity. You acknowledge that such commentary, information and/or materials may contain inaccuracies or errors.
5.2 To the maximum extent permitted by law, we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website or use of the services, or by anyone who may be informed of any of its contents. By using our website and/or the services you confirm you have not relied on any content contained on our website.
6. Our website changes regularly
6.1 We aim to update our website regularly, and may delete, suspend, revise or otherwise change the content and/or services it provides at any time (or any part thereof) without notice at our sole discretion. We may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
7. Our liability
7.1 Our website, and the material and information displayed on it is provided “as is” without any guarantee, condition, representation or warranty of any kind, express or implied, as to the operation of our website, the accuracy of the information or the products or services referred to on our website.
7.2 To the fullest extent permitted by law, we, our employees and all third parties connected to us hereby expressly exclude:
7.2.1 all warranties, conditions, terms, undertakings and obligations which might otherwise be implied by statute, common law, custom, trade usage, course of dealing or otherwise;
7.2.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials or information posted on it, including, without limitation any liability for:
18.104.22.168 loss of income or revenue;
22.214.171.124 loss of business;
126.96.36.199 loss of profits or contracts;
188.8.131.52 loss of anticipated savings;
184.108.40.206 loss of data;
220.127.116.11 loss of goodwill;
18.104.22.168 wasted management or office time;
22.214.171.124 delays or failures you may experience in initialising, conducting or completing any transmission or transactions in connection with our website; and
actions taken in response to breaches of our Acceptable Use Policy; and
7.2.3 any liability for any other loss or damage of any kind, however arising and whether direct or indirect, and whether arising in tort (including negligence), breach of contract or otherwise, even if foreseeable.
7.4 Any reference in these Terms to an exclusion or limitation of liability by us includes without limitation an exclusion or limitation (respectively) of liability in tort, including negligence and breach of statutory duty, unless otherwise stated.
7.5 You agree that these Terms, and in particular the limits on our liability and obligations, are fair and reasonable and that your sole remedy is to stop using the website. If any exclusion or limitation of liability by us set out in these Terms is found to be invalid or unenforceable for any reason, or if we are otherwise found liable under these Terms, our total aggregate liability will be limited to £50.
8.1 YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS US, OUR OFFICERS AND EMPLOYEES AND ALL OTHER THIRD PARTIES CONNECTED TO US (INCLUDING WITHOUT LIMITATION OUR AGENTS AND REPRESENTATIVES) FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES SUFFERRED OR INCURRED, INCLUDING WITHOUT LIMITATION LEGAL FEES, AND ANY AND ALL DEMANDS, CLAIMS, ACTIONS OR PROCEEDINGS WHICH ARE BROUGHT OR THREATENED, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU OF THESE TERMS, THE CONTENT YOU SUBMIT, POST OR TRANSMIT TO OR VIA, AND/OR ANY MISUSE USE BY YOU OF, OUR WEBSITE AND/OR THE SERVICES. WE MAY RECOVER SUCH AMOUNTS FROM YOU ON BEHALF OF THE PERSONS MENTIONED ABOVE.
9. Information about you and your visits to our website
9.3 We reserve the right to monitor and track your visits to our website.
10. Transactions concluded through our website
10.1 Unless otherwise expressly agreed by us in writing, all contracts for the supply of goods and/or services formed through our website or as a result of visits to our website made by you are governed by our TERMS AND CONDITIONS OF SUPPLY.
11 Linking to our website
11.1 You may link to our home page, provided we do not object and you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 You must not establish a link from any website that is not owned by you.
11.3 Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
11.4 If you wish to make any use of material on our website other than that set out above, please address your request to email@example.com.
12. Links from our website
12.1 From time to time our website may also include links to other third party websites or resources. These links are intended to provide further information only and are not intended to signify that we or any of our business partners or any other related third party endorses such websites and/or resources or related products or services or is in any way affiliated with the linked websites or have investigated, verified or monitored any of them.
12.2 Such linked websites or resources are independent from Kevin Denim and we have no control over their content. We have no responsibility for the content of any linked website or resource, its use or the products and/or services made available through it or for any loss or damage that may arise from your acquisition or use of any of them. It is your responsibility to check the terms and conditions of any other websites or resources you may visit and you use them and the products and/or services made available through them at your own risk.
13.1 Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair the legality, validity or enforceability in that jurisdiction of the other provisions (and the provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable), or of that or any provision in any other jurisdiction.
13.2 A failure or delay by us in enforcing compliance with any provision of these Terms shall not be a waiver of that or any other provision of these Terms. None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party. You may not assign any of your rights or obligations under these Terms. The headings used in these Terms are for convenience only and shall not affect interpretation. In these Terms, unless specified to the contrary, use of the singular is deemed to include the plural, use of any gender is deemed to include every gender and any reference to a person is deemed to include a corporation, a partnership and any other body or entity, and (in each case) vice versa.
14 Entire agreement
14.2 You acknowledge that you have not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms.
14.3 Our rights and your obligations under these Terms and the other documents referred to in these Terms are cumulative.
16 Jurisdiction and applicable law
16.3 You also agree that any notice or other communication made in such manner will be deemed received by you one hour after e-mail or posting.
17 Your concerns
17.1 If you have any concerns about material which appears on our website, please contact firstname.lastname@example.org.