Ts&CsUpdated 3 months ago

CUSTOMER TERMS & CONDITIONS

Please read the following important terms and conditions before you purchase anything on our website. 

These terms set out the basis on which you may make use of our website [https://www.knownsource.co.uk/] in order to purchase goods and/or services either as a guest or a registered user. They include:

• your legal rights and responsibilities;

• our legal rights and responsibilities; and

• certain key information required by law.

In these terms:

• ‘we’, ‘us’ or ‘our’ means Known Source Ltd; 

• ‘Brand’ means each individual provider of products listed on our website; and

• ‘you’ or ‘your’ means the person using our website to purchase goods.

If you have any questions about these terms or any orders you have placed, please contact us by sending an email to [[email protected]].

Accessibility

If you would like these terms in another format (for example: audio, large print, braille) please contact us.

Who we are

1. Introduction

   1. If you buy goods or services through our website you agree to be legally bound by these terms.

   2. These terms are only available in English. No other languages will apply to these terms.

   3. When buying any goods or services on our Site you also agree to be legally bound by:

      1. extra terms which may add to, or replace some of, these terms. This may happen for legal or regulatory reasons, for example. We will contact you to let you know if we intend to do this by giving you one month’s notice; 

      2. the email confirmation of your order; 

      3. any additional terms contained on the relevant product page; and 

      4. the specific terms of each Brand. If you want to see these specific terms, please visit the relevant brand webpage.

   4. We are under a legal duty to supply you with goods that are in conformity with your statutory rights and these terms.  All goods sold through us will be:

      1. Authenticated;

      2. [Sanitised before sale]; and

      3. Assessed in accordance with our grading criteria at clause 8.2(a).

2. Your privacy and personal information

   1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with all applicable laws, rules and regulations which are relevant to what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

3. Force Majeure

   1. Our, or the Brand’s compliance with obligations under these terms might be affected by events beyond our or the Brand’s reasonable control. If so, performance of such obligations will be postponed until such time as those circumstances cease to exist. Neither we nor the Brand are not liable to you if we fail to comply with these terms because of circumstances beyond our reasonable control.

4. Payment

   1. We accept credit cards and debit cards transactions through Shopify Payments: [https://help.shopify.com/en/manual/payments/shopify-payments]. We do not accept cash or cheques.

   2. In accepting or otherwise processing your payments related to the purchase of goods from the Brands, we act in the capacity as an agent of the Brand. In respect of all payment methods, the Brand acknowledges and agrees that the valid payment by you to us will satisfy your obligation to pay the Brand for the relevant item(s) and consequently, any debt obligations owed by you to the Brand for the purchase of such items shall be extinguished at that time. The Brand further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.

   3. We will do all that we reasonably can to ensure that all the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with these terms or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

   4. You will only be charged when the goods are dispatched.

   5. All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

      1. Verified by Visa

      2. Mastercard®SecureCodeTM; or

      3. American Express SafeKey.

   6. If your payment is not received by us in accordance with this clause 4, we may charge interest on any balance outstanding at the rate of 4% per year above Barclays Bank plc’s base rate.

   7. You will own the goods once we have received payment in full (in cleared funds into our bank account).

   8. All prices are in Pound Sterling and, where relevant, include VAT at the applicable rate, but exclude delivery charges. 

5. Delivery 

6. You acknowledge and agree that we are not responsible or liable in respect of any damage or loss caused during the delivery process including but not limited to any failure or delays in the delivery of your order.

7. All products and services shall be delivered directly by the relevant Brand in accordance with the estimated time for delivery contained in the acknowledgement of order.

8. Time of delivery is not of the essence and delivery of the goods will take place when we deliver them to the address you provide us.

9. You are responsible for the goods when delivery has taken place, and the risk of the goods passes to you when you take possession of the goods.

6. Returns

1. You have 14 days to return an item from the date you received it.

2. To be eligible for a return, your goods must comply with the following conditions:

   1. your goods be unused and in the same condition that you received it in;

   2. your goods must be in the original packaging; and

   3. your goods needs to have a receipt and/or proof of purchase.

3. Once we received your goods, we will inspect it and notify you that we have received your returned goods.  We will immediately notify you on the status of your refund after we have inspected the goods, but please note that some goods may not be refundable and returnable.

4. If your returned goods are approved, we will initiate a refund to your original method of payment.  The timing of any credit you receive following the refund will be subject to your payment operative/card issuer’s policies.

5. You will be responsible for your own shipping costs for returning your item, and such costs are not refundable.

6. If you receive a refund, the cost of return will be deducted from your refund.

7. Nature of our services

   1. We operate as an agent for the Brands on our Site. This means that when you decide to purchase goods from our Site, this forms a contract between you and the Brand (Contract). The Contract shall comprise of:

1. these terms;

2. the email confirmation of your order; and

3. any additional terms contained on the relevant product page. 

By making a purchase, you agree to be bound by all of the above.

2. In the event of any inconsistency or conflict between the documents referred to in clause 6.1 above, these terms shall prevail. 

3. Each order made by you through the Site, shall be deemed to be an offer by you to the Brand to purchase the goods specified within it subject to the terms as listed in clause 7.1. No order shall be deemed accepted by the Brand until we (acting as agent of the Brand), send you an email acknowledgement of the order. The Contract will only relate to those good contained within the acknowledgement of order. 

4. Where you order goods or services through the Site, we may disclose your customer information related to that transaction to the relevant Brand. 

5. You acknowledge that at no time do we possess any items offered for sale by Brands through the Site.

6. We may refuse to process a transaction or unwind or suspend a transaction after processing has begun for any reason and at any time at our sole discretion without liability to you or any third party. 

7. We will use all reasonable endeavours to provide accurate descriptions of the goods, however you acknowledge that the images of the goods displayed on our website are for illustrative purposes only and so it is agreed that:

   1. all weights, sizes and measurements are as accurate as possible, but there may be small changes to such weights, sizes and measurements which do not materially change the use or function of the good;

   2. the colours of the goods are displayed accurately, the actual colours that you see may be vary depending on your monitor, screen, or other computer and/or mobile device used to access our services; and

   3. the packaging of the goods may be different from that initially shown.

8. Resale

   1. We acknowledge that it may be your intention, following a completed and valid purchase of goods, to use our Renew Feature in order to sell those goods to a third party (Resale); and

   2. The Resale process shall be as follows:

      1. You will declare the condition of the goods (Condition Declaration)

      2. Upon our receipt of your request to return the goods, we will send you an acknowledgement email to confirm your Condition Declaration and detail the instructions on how to return the goods to us.

      3. We will send you an email to confirm that we have received your goods.

      4. Within 14 days of receiving your goods, we may conduct a physical review to inspect the quality of the returned goods based on our grading criteria.  Where there is a discrepancy between the Condition Declaration and our grading criteria (Revised Value), we reserve the right to adjust the sum of money you will be eligible to receive following completion of the Resale process based on the Revised Value.

3.  In entering into a Resale, you will rely on the terms in our Vendor Terms and Conditions.

9. Use of the Site

   1. By using this website and any of its content (Site) or otherwise indicating your consent, you agree to be bound by these terms. If you do not agree with any of the provisions of this terms, you should stop using the Site immediately.

   2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.

   3. We make no promise that the Site is appropriate or available for use in locations outside of the UK. If you choose to access the Site from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.

   4. We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us.

   5. As a condition of your use of the Site, you agree not to:

1. use the Site for any purpose that is unlawful under any applicable law or prohibited by these terms including but not limited to committing any act of fraud;

2. use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;

3. use the Site to promote any unlawful activity;

4. simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

5. represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;

6. attempt to circumvent password or user authentication methods;

7. misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or

8. attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

6. You may create a link to the homepage of our Site from another website without our prior written consent provided that:

1. you do so in a way which is fair and legal and does not damage or take advantage of our reputation; and

2. no such link:

3. creates a frame or any other browser or border environment around the content of our Site;

4. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;

5. displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or

6. is placed on a website that itself breaches these terms.

7. You may not use our trademarks, logos or trade names except in accordance with these terms.

8. We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.

9. We may prevent or suspend your access to the Site if you do not comply with these terms or any applicable law.

10. Use of the Site may require registration, particularly in order to access restricted areas of the Site. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.

11. You are responsible for making sure that your password and any other account details are kept secure and confidential.

12. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account immediately.

13. Any personal information you provide to us as part of the registration process will be processed in accordance with all applicable laws, rules and regulations. 

14. It is your responsibility to ensure that all information you provide is correct and accurate, whether this is provided through the registration process or otherwise, you must therefore check all information prior to making any purchases through the Site.

15. We will use reasonable efforts to:

    1. delete accounts which are being used in an inappropriate manner or in breach of these terms; and

    2. identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach these terms

when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

16. If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately.

17. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors. You shall not copy, extract or otherwise use any Content for commercial purposes without obtaining a licence from the legal owner to do so. 

18. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

19. Nothing in these terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

20. Use by you of any trademarks on the Site or in the Content is strictly prohibited unless you have prior written permission from the registered owner. 

21. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.

22. Other than any personal information which will be dealt with in accordance with all applicable laws, rules and regulations, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

23. We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.

24. We may modify, suspend or terminate access or operation of the Site at any time as we see fit.

25. Any Content is provided for your general information purposes only and to inform you about us, certain products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.

26. While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted. We shall not be liable in the event that the Site is unavailable for any period of time. 

27. The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them or any loss or damage that may arise from your use of them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

10. End of the terms

If these terms are ended it will not affect our right to receive any money which you owe to us under this terms.

11. Limitation on our liability

    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any harm resulting from your use of the Site, including but not limited to:

       1. losses that were not foreseeable to you and us when the terms was formed;

       2. losses that were not caused by any breach on our part;

       3. business losses; or

       4. losses to non-consumers.

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2. The Site is provided on an “as is” and “as available” basis and all express, implied and statutory warranties are disclaimed by us to the fullest extent legally possible in relation to both the Site and all goods and services made available through it. This does not affect your statutory rights against the relevant Brand. 

12. No partnership

You acknowledge that these terms, the Contract and/or any transaction made by you through our Site, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Brand. 

13. Third party rights

No one other than a party to these terms has any right to enforce any term of this terms.

14. Entire Agreement

    1. These terms and any documents referred to within them, constitute the entire agreement between us and you and supersedes all previous agreements, understandings and arrangements between us and you whether in writing or oral, in respect of its subject matter.

    2. Both we and you acknowledge and agree that neither of us shall have any remedies in respect of, any representation or warranty that is not expressly set out in these terms or the document referred to within them except in the case of fraudulent misrepresentation and that neither of us shall have any claim for innocent or negligent misrepresentation on the basis of any statement in these terms or any documents referred to within them.

15. Severability 

    1. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this agreement shall not be affected.

    2. If any provision of these terms (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable.

16. Variation

    1. We reserve the right to vary these terms from time to time. Our updated terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms from time to time to verify such variations.

17. Waiver 

1. No failure, delay or omission by us in exercising any right, power or remedy provided by law or under these terms shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.

2. No single or partial exercise by us of any right, power or remedy provided by law or under this agreement shall prevent any future exercise of it or the exercise of any other right, power or remedy.

3. A waiver of any term shall only be effective if given in writing and signed by us and then only in the instance and for the purpose for which it is given.

18. Disputes

    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible and we will do our best to resolve any problems you have with us or the goods or the Brand.

    2. If a dispute cannot be satisfactory resolved or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes that does not involve going to court.

    3. If you do not wish to use ADR, you can still bring court proceedings.

    4. The laws of England and Wales apply to these terms and any contracts for the purchase of goods or services through our Site.

    5. Any disputes in relation to these terms or such contracts as described within, will be subject to the exclusive jurisdiction of the courts of England and Wales.