Terms & Conditions - KK Designs

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    Terms & Conditions

    PREAMBLE

    KK DESIGNS (LONDON) LIMITED [hereinafter known as KKDL] is a Company registered in the United Kingdom, certificate number 09990187, VAT number 235 6557 90 with a registered office located at 1 Omega Building, Smugglers Way, Wandsworth, London, SW18 1SZ, England.

    KKDL designs, manufacturers and packages premium quality mobile phone covers and skins for iPad’s, Mac’s, Apple Watches and similar products together with providing complementary/ancillary goods and services such as chargers, headphones etc.

    Each and every phone case and/or skin is produced only to order and is carefully checked by our quality control department before being dispatched.

    All design, manufacturing and packaging takes place in the United Kingdom and Republic of Ireland.

    All designs (unless otherwise specified or being ‘Life’ cases) are the exclusive intellectual property copyright of KKDL or have been exclusively licensed to KKDL for the purpose of exclusively using such designs for phone case and/or skin reproduction. In the instance of ‘Life’ Cases, all uploaded images save for the use of our visual ‘Masks’ shall be retained by their original intellectual property owner.

     

    Terms & Conditions

    1 These terms and conditions shall be binding on both parties with any variation or deviation only being valid if agreed in writing by KKDL.

    2 The products offered on this Website and/or through our shops (including any partner shops) represent a non-binding invitation for clients to place an order with KKDL.

    3 When a Client/Customer completes our online or General Order Questionnaire they are entering into a legally binding agreement with KKDL where-by KKDL offers to supply the designated mobile phone cover or related product(s) at a specific price (including any discounts that may apply) and the Client/Customer agrees to accept such product(s) per the terms and conditions herein elucidated.

    4 Upon receipt of a duly completed Order Questionnaire, a Client/Customer shall receive an email confirmation binding to both parties and constituting the creation of the contract.

    5 KKDL specifically reserves the right to reject any order for any reason.

    6 All KKDL products shall carry the KKDL Logo save where ‘Life’/Custom Cases have been ordered.

    7 All KKDL designs will use by default the London Stamp save for specific products relating to Ireland and/or Dublin.

    8 Where a Customer forwards images and or text to our Design Team text it is agreed by both parties that the following shall apply:

    9 It is exclusive responsibility of the Client/Customer to ensure that the uploaded/forwarded images are of the correct quality and resolution per the stated online specification requirements;

    10 It is exclusive responsibility of the Client/Customer to ensure that the uploaded images are accurately sized and suitable for use and uploading for ‘Life’/Custom Cases;

    11 Any uploaded/forwarded images must not contain adult, racist, controversial and/or text that could give offence;

    12 The product printed shall be as near as reasonably possible to that produced by the visualization software;

    13 Copyright infringement by Clients/Customers using the fully bespoke and personalized online service to upload images and/or text it is agreed by both parties that the following shall apply:

    (i) That the uploading Client/Customer shall do all in their power to ensure that any uploaded material does not infringe any 3rdparty intellectual property rights;

    (ii) That the uploading Client/Customer shall fully indemnify KK London from any consequences;

    (iii) The costs for possible infringements per above of copyright, personal rights, naming rights or other such intellectual property are to be borne completely by the Customer. The Customer also undertakes that it does not infringe any known third-party rights. In particular, the Client/Customer fully indemnifies KKDL from any direct and/or indirect consequences including but not limited to damages and/or legal fees resultant from any claimed breach of intellectual property rights. In addition, the Client/Customer shall promptly reimburse KKDL for all legal and defense costs and any other damages resulting from any such action.

    14 KKDL – All KKDL designs, stamps, text, art or otherwise exclusively remain the intellectual property of KKDL and/or members of the KKDL Group of Companies. In particular, it is understood and accepted by all non-promotional Clients/Customers (see above) that purchasing a KKDL mobile phone cover or skin, or similar product does not provide any rights and/or licenses to Clients/Customers apart from the right to use and display their own purchased covers;

    15 Where an individual, partnership or company is desirous of using a KKDL Design they must apply in writing to our registered office address for an appropriate license;

    16 Until a license is physically granted and issued with appropriate payment having been made no license shall be deemed valid;

    17 In particular, it should be noted that unauthorized use of KKDL designs especially for any commercial or related use including but not limited to the copying and the publication of such for advertising purposes, whether altered or unaltered, is strictly prohibited and violators shall be prosecuted according to the appropriate copyright law and may result in legal proceedings.

    18 CURRENCY OF REFERENCE – KKDL accepts payments in Pounds Sterling, the Euro and the US Dollar. The currency of reference is Pounds Sterling with Euro and US Dollar conversion rates being set four times a year as required;

    19 LOSS OF UPLOADED IMAGES/INTELLECTUAL PROPERTY – Where a Customer attempts to upload/email an image and/or other intellectual property and such is lost/debased or otherwise be it for technical or other reasons KKDL shall not be responsible for any potential damages and such is fully accepted by all contracting Clients/Customers;

    20 USE OF SOCIAL MEDIA FOR MARKETING – KKDL may from time to time use social media applications but where used this in no way should be taken as inferring a relationship between KKDL and the social media application;

    21 POSTAGE & PACKAGING – Mobile Phone Case & related product postage, packaging and/or courier delivery services shall be included in the cost for all deliveries within the UK, Ireland (North & South) and other European Union Countries, the United States of America and Canada. For other jurisdictions postage and packaging shall be charged at cost plus packing time;

    22 DAMAGE IN TRANSIT – KKDL is not responsible for damage received to its products whilst in transit unless an item has been insured. However, this does not affect the responsibility of the courier company itself. Where an item is insured, then the policy of the insurance company/ies shall apply (please apply for specific information). Notwithstanding the above, replacement phone cases may at the total discretion of KKDL be provided where its management deem it appropriate but in such cases the Client/Customer must immediately inform KKDL, not continue to unpack the product and return it back including packaging to the KKDL Office address in London SW6 2TW;

    23 EXPEDITED DELIVERY – An Express Delivery Service is available in the UK & Republic of Ireland with rates and times as displayed on this Website;

    24 VAT RATE – Where applicable, the VAT Rate will be either that of the United Kingdom or the Republic of Ireland.

    25 STATUTORY RIGHTS – The above terms and conditions do not affect the statutory rights that may exist in either the United Kingdom or Republic of Ireland, whichever is applicable. Where it is found a particular clause within these terms and conditions may be deemed invalid per such Statutory provision then all such other terms not so affected shall remain valid and in force between the parties.

    GOVERNING LAW – In case of dispute, the laws of England & Wales shall apply.