Website terms of use

Modifications to website

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these terms of use.

Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies. Photographs are for illustrative purposes only. Product colours may vary slightly due to the nature of the product, photographic process and computer display. Illustrations used are merely illustrations and the product may be cosmetically different but will not deter the quality and/or performance of the product.

These terms of use replace all other terms of use previously applicable to the use of our website and/or sale of the product(s).

Liability

We promise that for any product you purchase from our web site:

• We have the right to refuse to sell or sell the product to you;
• The product will correspond with the advertised description E&OE ( Errors and Omissions Excepted ); and
• The product will be of satisfactory quality in relation to the item description and the price paid.

We will not consider claims for consequential loss in relation to distress, inconvenience or disappointment.

In any event liability shall be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same cause.

Information You Provide To Us (see also Privacy Policy)

The following applies to any information you provide to us, for example during the registration or ordering process.

You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our “Partner Companies”).

If you obtain or choose to buy products from our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our Privacy Policy shall be known as the “Purposes”). All such information collected by us shall be referred to in these terms of use as “Personal Information”.

You must ensure that the personal information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our Privacy Policy.

By accepting these terms of use, you agree to the processing and disclosure of the personal information for the purposes. If you would like to review or modify any part of your personal information then you should email us at [email protected]. In addition, the following applies to all messages, emails, ideas, suggestions, concepts and other material submitted by you to us (“Content”):

You must own or have the right to submit content for publication on our website and all content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;

You must ensure that all content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful;

You must ensure that the content does not advertise or otherwise solicit for funds or is a solicitation for products or services; and We have the right to monitor content and may elicit, reject remove or change content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other content if we believe that their content is, or may be inappropriate or otherwise does not comply with the above. You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all content that you submit to us except any portion of the content that is personal information. You have sole responsibility for the content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms of use, including without limitation the posting or transmitting of any libellous, defamatory, inflammatory or obscene material. If you breach these terms of use then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms of use.

All advertised sizes and measurements are an approximation but Kingsley Smythe Ltd. endeavour to make sure that all are as accurate as possible.

Security

You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

Applicability of Online Materials

Unless otherwise specified all content and materials published on our website are presented solely for your private, personal and non-commercial use. Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.

We have used our best endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws.

If use of our website and/or viewing of it, or use of any material or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately. Kingsley Smythe Limited makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you.

You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. Kingsley Smythe Limited accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

Copyright and Monitoring

The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Kingsley Smythe Limited, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an Order with us or using our website as a shopping service. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.

Linked Sites

Kingsley Smythe Limited makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Kingsley Smythe Limited endorses or accepts any responsibility for the content, or the use of, such a website and Kingsley Smythe Limited shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use or reliance on any content, Products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

Availability and Use of Our Website

We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or is error free and can accept no liability for its unavailability.

You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these terms of use), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Us or our servants, agents or any other person or entity. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

All prices are in GBP.