This website [www.kitesandbites.com], is operated by KITES AND BITES and is herein referred to as the “Website”. Throughout the website, the terms “we”, “us” and “our” refer to KITES AND BITES. KITES AND BITES offers the website including all information, tools and services available from the website to you, the customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you (the “Customer”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page [www.kitesandbites.com/pages/t-cs]. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ACCURACY AND COMPLETENESS
We endeavour to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on the website may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologise if erroneous information is reflected in product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability or in any way affects your individual order.
Please note that because the colours of the products you will see on the website depend on your monitor/screen, browser or operating software, we cannot guarantee that the display of colour will be accurate and some colours may vary.
All sizes and measures are approximate. We do try to ensure they are as accurate as possible, however, we do advise customers to consult the sizing guides provided on the website.
We reserve the right to amend errors, inaccuracies or omissions, or to update product information at any time without prior notice. In the event that a product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our manufacturers or suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price (regardless of whether or not the order has been confirmed and you have been charged). If your card has already been charged for the purchase and your order is cancelled, we may issue a refund to you in the amount of the incorrect price.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS AND SERVICES
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
In cooperation with Klarna Bank AB (publ), Sveavagen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
Further information and Klarna's user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
USAGE RESTRICTIONS; INTELLECTUAL PROPERTY.
Unless otherwise noted, all design and content featured on the website - including navigational buttons and images, artwork, graphics, photography, text, and the like - are subject to copyrights, trademarks, trade dress and/or other intellectual property rights that are owned, controlled or licensed by or to KITES AND BITES. All such rights are reserved.
The content on the website, and the website as a whole, is intended solely for the personal and non-commercial use by users of our website. Any use of our website and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of KITES AND BITES.
You may download, print or store any of the page contents displayed on the website, provided that you (1) only use these materials for your personal, non-commercial use, (2) do not post the content on any website/media network or broadcast the content in any media; or (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. Should you choose to download, copy, or forward any website materials via email, no right, title, or interest in those materials will be transferred to you. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this website.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KITES AND BITES, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Where, in spite of its reasonable efforts, we are unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the customer. Force majeure means any clause affecting the performance by us of our obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
HEALTH AND SAFETY
In accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, we confirm that the goods we supply do not present a hazard to health and safety when a) the product(s) are properly used for the purpose for which they are designed; and b) the customer takes reasonable and normal precautions in their use.
OFFERS AND PROMOTIONS
We reserve the right to modify, alter, terminate or discontinue such promotions at any time for any reason whatsoever without notice.
Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.
Buy Get X Get Y
We may occasionally offer promotions where you can purchase Item(s) X you will get Item(s) Y for a reduced rate or free. If you return items in the promotion identified as X then item Y (if retained) will be charged at full price.
PRODUCTS OR SERVICES
Our products or services are available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our return policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
For sale periods, such as (but not limited to) Black Friday and Cyber Monday where discounting is applied, additional credit notes and/or other discount codes cannot be applied.
TRADE NAMES AND TRADE MARKS
Trade names and marks are not always indications of the actual manufacturer of a particular product.
We are committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases, we offer the returns facilities as described in our return policy.
All goods supplied by us are warranted to be generally free from defects in workmanship and materials and fit for the purpose for which such goods would normally be used. If you purchase goods in the course of your business, all other express or implied terms or warranties relating to the goods are excluded to the fullest extent permitted by law. Subject to this, however, goods are not tested or sold as being fit for any particular use or for use under specific conditions, unless expressly agreed in writing. All services provided by us will be provided with reasonable skill and care and within a reasonable period. If you purchase services in the course of your business, all other express or implied terms or warranties relating to the services are excluded to the fullest extent permitted by law.
Please see Delivery & Shipping Information for costs by destination and item type.
We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won't apply to orders already placed.
We aim to deliver your ordered products by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 days of the date of the dispatch confirmation email. In the unlikely event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the dispatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our Return Policy for more information on your right to cancel.
Ownership of and risk in the products you have ordered will pass to you at the time they are delivered to you. If you decide to return the product(s) to us for a refund or exchange in accordance with our Return Policy, risk will remain with you until we have received the returned product(s) you have posted to us.
Only you and we shall have any rights to enforce any term of the contract formed between us.
The contract formed between us, which includes these Terms of Service and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter.
If any of these Terms of Service or any provision of the contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected term or provision will be removed from the remaining terms and provisions, which shall continue to be valid.
To the maximum extent permitted by applicable laws, these Terms of Service, and any dispute or claim arising out of or in connection with these Terms of Service (including non-contractual disputes or claims), shall be governed by English law. The courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service or their subject matter.
Questions about the Terms of Service should be sent to us on our Contact Us page, via email email@example.com or by writing to us:
KITES AND BITES, International House, 64 Nile Street, N1 7SR, London, England.
KITES AND BITES is a limited company registered in England and Wales. Registered number: 09270053. Registered office: International House, 64 Nile Street, N1 7SR, London, England.