SECTION 1 – ONLINE & IN-STORE TERMS
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).
SECTION 2 – ONLINE SECURITY
You must not transmit any worms or viruses or any code of a destructive nature. We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, software you use to download the content, the Site or the servers that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. 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.
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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.
SECTION 4 – OUR CONTENT
Intellectual Property Rights
All content (including but not limited to logos, text, graphics, videos, icons, images, photographs, audio clips, sounds, music and software, and any combination of these) of the website is either owned by or licensed to KESDES. STUDIO, or is within the public domain. All content owned by or licensed to KESDES. STUDIO is protected by applicable copyright laws around the world. All such rights are reserved.
The KESDES. STUDIO trade mark and all other marks, trade names, service marks, brand names, business names, illustrations, logos, and prints which appear on the products on the website or their packaging, whether registered or unregistered, are either ours or licensed to us and are protected by applicable trade mark laws around the world. All rights are reserved.
All other intellectual property in or connected to the website, our products, or any related packaging, stationery, marketing material, or in any other way are either ours or licensed to us and such rights are protected by the applicable laws around the world.
Your use of the website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to its content including our software and all html and other code contained in this website. You are permitted to access and make personal use of the website but such use is limited and does not include the right to: use the website in any way which may prejudice or damage the reputation of KESDES. STUDIO; use the website for any commercial or business purposes; reproduce or redistribute the website or any of its contents for commercial or business purposes; or take any action that may impose an unreasonable burden or load on our infrastructure.
We do not promise that the content of the website is accurate or error-free. We do not promise that the functional aspects of the services will be error free or that the website, its contents, or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up-to-date virus checking software installed.
Opinions expressed by individuals on the website are the personal opinions of the authors and do not reflect the views of KESDES. STUDIO. If you have a complaint about any posts please email email@example.com.
All of the content on the Site is owned by (and all copyright, trademark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws. All such rights are reserved.
SECTION 5 – RETURNS & EXCHANGES
Any order implies a payment obligation. Payment terms are 100% upfront. Our made-to-measure and made-to-order products are not eligible for refunds or exchanges.
Faulty or damaged goods
Goods are considered faulty if they are received damaged. Items that are damaged as a result of normal wear and tear are not considered to be faulty. Where possible, we will offer to repair or replace faulty items. If repair is not possible or the same product is not available, you are entitled to a full refund.
SECTION 6 – REGISTRATION
To use some of the services or features available to you on this website you will need to register. You agree that the information that you provide when you register is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at firstname.lastname@example.org. We may also change registration requirements from time to time. We may change, withdraw, or suspend access to the services (in whole or in part and permanently or temporarily) with or without notice and with no liability to you.
The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account.
SECTION 7 – PERSONAL DETAILS
In order to make purchases on the website you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
SECTION 8 – PRODUCTS
Every reasonable care and attention has been taken to ensure that all the descriptions and colours of our Products that appear on the Site are accurate. We cannot guarantee that your computer’s monitor display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images. All Products shown on the Site are subject to availability.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right to modify at any time and without notice the prices of the products offered on the site. The products are invoiced on the basis of the rates displayed on the site at the time of placing your order, subject to availability.
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 site 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.
SECTION 9 – 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.
SECTION 10 – PAYMENT
Payment will be debited and cleared from your account upon receipt of your order and once the card details have been cleared to ensure the credit/debit card that is being used is yours, or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to KESDES. STUDIO, we will not be liable for any delay or non-delivery. By accepting these terms and conditions you consent to such checks being made. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. Payment for the Products and all applicable delivery charges is taken in advance.
SECTION 11 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 12 – MODIFYING OUR TERMS
We may modify the terms from time to time at our sole discretion. Please read the terms and check back often. If you do not agree to any change to the terms then you must immediately stop using the services. Please note that these terms do not affect your statutory rights as a consumer. For more information about your rights contact your local citizens advice bureau or trading standards bureau.
The services may include links to other websites or resources. We have no control over the content of these websites and are not liable in any way for their content.
We have the right to remove any material or posting you make on the website at our sole discretion.
SECTION 13 – COMPENSATION
You agree only to use the site in accordance with these terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account.
SECTION 14 – 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, delete 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.
SECTION 15 – SEVERABILITY
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.
SECTION 16 – TERMINATION
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 site.
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).
SECTION 17 – ENTIRE AGREEMENT
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 site 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.
SECTION 18 – LIMITATION OF LIABILITIES
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 KESDES. STUDIO, 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.
SECTION 19 – CONTACT
This site is owned by KESDES. STUDIO. We can be contacted by email on email@example.com, on by phone on (+44) 073407955901.
SECTION 20 – GOVERNING LAW
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
SECTION 21 – THIRD PARTY RIGHTS
Unless it expressly states otherwise, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
SECTION 22 – ASSIGNMENT
You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement. We may transfer our rights and obligations under these terms to another organisation.