TERMS AND CONDITIONS OF USE
Welcome to KissesfromLondon.com, we are happy to have on board of our website. We are doing all we can to make your shopping experience as enjoyable as possible, and we hope you can find the perfect unique gift you’ve been looking for.
These Terms and Conditions outline the rules and regulations for the use of www.KissesfromLondon.com website. If there is anything you don’t understand from these Terms and conditions please feel free to email us at firstname.lastname@example.org and we will try to get back to you within 24 hours, although currently our team is really small, we all go the extra mile to make things happen and keep our customers happy and smiling.
- Use of the website
- Content rules
- Your Account
- Order and Delivery
- Price and Payment
- Returns / Cancellation
- Intellectual Property Rights
- Limitation of Liability
1.2 The following terminology applies
to these Terms and Conditions and Privacy Notice (the “Terms”) and any or all
”Customer”, “You”, “Visitor” and “Your” refers to you, the person accessing the www.kissesfromlondon.com website and accepting the Company’s terms and conditions.
“kissesfromlondon.com”, “We ship kisses Limited”, ”Ourselves”, ”We”, ”Our” and “Us” refers to our Company in relations to our website.
www.kissesfromlondon.com (the ”Website”) and any other products, services and any kind of material available on this site, or us (“Services”). When we refer to “KissesfromLondon.com” in these Terms, we mean us, the Site and/or the services according to the context. “Party”, “Parties”, or “Us”, refers to both the Customer and ourselves, or either the Customer or ourselves
1.3 We amend these Terms from time to time and by accessing the website, you confirm that you agree with the amended Terms. Every time you wish to use our website, please check these Terms to ensure you understand the Terms that apply at that time. These Terms are available in English only. If you do not agree with any revised version of the Terms, please do not continue to use the website. The last update on this Terms was on 25/08/2018.
1.4 Only persons aged 16 years or over may access the website and use the Services and all users of the Services warrant that they are 16 years of age or over.
1.5 You will be able to access most areas of KissesfromLondon.com without registering your details with us. Other areas, and the opportunity to place orders with us, are only open to you if you register. When registering you will tick and confirm the following: “I agree to the Terms and Conditions and Privacy Notice, and I am 16 years or older.”
1.6 We are a company registered in England and Wales under the registration number 10999784 under the name of We ship kisses Limited; the address of our registered office is 10 Greenhithe close, Sidcup, DA15 8EF.
1.7 If you have any comments, problems or questions regarding any part of the Services and/or products and services featured in the Services, or you have experienced technical problems while using the website, please send us an email to email@example.com.
2 USE OF THE WEBSITE
2.1 Subject to the Terms, we grant you a limited, non-sublicensable, immediately (and without notice) revocable license to use the Services for the sole purpose of your personal use of the Services.
2.2 You agree not to use KissesfromLondon.com directly or indirectly for any unlawful purpose, or to cause distress or offence to any person.
2.3 You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3)
2.4 You agree not to copy, loan, sell, resell, assign, rent, lease, publish, redistribute, license, sublicense or otherwise transfer the Services. You further agree not to undertake, cause, permit or authorise the modification, creation of derivative works, or disassembling of the Services (or any part of it) or make any attempt to access the source code of the Services.
2.5 We reserve the right at our discretion to withdraw or vary the website and the Services and/or to suspend or terminate your access to the website and the Services at any time without notice and we shall not be liable to you if the Website or the Services are unavailable, either in whole or part, at any time for any reason whatsoever. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted.
2.6 We attempt to make the Information on the website and descriptions as accurate as possible, but due to being a human built service it may contain technical inaccuracies or typographical errors. We do not warrant that the content on the website is complete, current, or error-free. We will not be liable in any way for any content, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
2.7 You may access most part of the website that it is not password protected. Access to some parts of the website are only available if you have a valid password. Purchasing products will be able only by creating a password protected account. You may not access these areas without a valid password.
3 CONTENT RULES
3.1 We have the right to refuse or cancel an order if we find that it is offensive, bad intended or if we decide to.
3.2 When submitting your content (image, sound file, video file or any other type of content) you agree full responsibility that:
- the content does not infringe anyone’s copyright. You must ensure that you either own the copyright of the content that you wish to include in your personalised gift (“product”) or that you are fully licensed by the copyright owner to include the content to your personalised gift;
-it does not infringe any other rights, such as trade mark, of any person or entity or the right to their confidentiality;
-it does not contravene any applicable law or regulation;
-it is not misleading, offensive, threatening, defamatory, abusive, false or inaccurate;
-it does not cause inconvenience, needless annoyance or destress to any person. -you take full responsibility on the reaction of the gift receiver, who will have to interact with our products. You must not send an interactive, surprising product (like the flying paper butterfly, audio card, video card or any other product that will be found on our website) to people who suffer of severe nervous dispositions, heart problems or any other health issues that may be activated by using the product;
-you do not impersonate any person or use a misrepresented identity;
-you will not include content which is pornographic, obscene, indecent, offensive, which encourages discrimination based on sex, race, disability, age, nationality or any type of discrimination, or that may incite violence towards any living being or hatred, or content that may harass, embarrass, upset or alarm any person or which promotes or assist any unlawful act;
-you will not give the impression that your content emanates from or has been approved by us;
3.3 You may upload or use digital images, audio or video files when using the website. For more guidance and information on uploading please visit the FAQ section.
3.4 We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the use of our website or Services. We may provide copies of any relevant content to the law of enforcement authorities and in connection with this we may also give them access to any personal data that we hold.
3.5 Although we prohibit the uploading of certain types of materials on our website, we cannot control, nor do we comprehensively monitor the use of the Services. It is possible that images or other materials may appear on our website or in connection with the Service which contravene our Content Rules. We are not responsible for such images or material, but if you become aware of any such content please contact us as soon as possible at: firstname.lastname@example.org
3.6 By uploading, posting or including any content or material in our personalised service, you grant us a non-exclusive, royalty-free, irrevocable licence to use, reproduce, adapt, distribute and communicate to the public that material solely for the purpose of performing our obligations and exercising rights under these Terms. We may have to modify your material in order to conform to the Service’s requirements you have ordered (such as cropping images any other necessary basic adjustments).
3.7 You will not post unsolicited advertisements or for any commercial purposes, promotional materials, “junk mail”, “pyramid schemes”, “chain letters”, ”spam” or any other form of solicitation.
3.8 You will not spread any material that contains software viruses or any other files or computer code designed to interrupt, damage limit or destroy the functionality of any computer software or hardware or equipment.
4 YOUR ACCOUNT
4.1 To be granted permission to place an order, you must open an account with us by completing a registration form.
4.2 Opening an account with us is completely free, but purchasing services and products is due to individual pricing.
4.3 Once your registration has been processed (and until your account is terminated) you will be able to upload images to the website and audio or video files, access parts of your account using the Services and request services to be supplied by us (such as the printing of uploaded images), insert of audio or video files in the support object you selected as purchase.
4.4 You agree to:
-confirm that you are aged 16 years old or over
- provide true, accurate, current and complete information about yourself (the “Registration Data”) as prompted by the relevant registration form;
- maintain and promptly update the Registration Data through your account to keep it true, accurate, current and complete.
- during the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, we may terminate your account at any time without notice.
- In order to access your account you will have to choose a password that must be kept confidential. It is up to you to maintain the security of your account and you will be responsible for any unauthorized access resulting from your failure to keep your password secure. We are entitled to treat anything done through your account as being done by you and we accept no liability whatsoever where a third party access your account using your password
-if you become aware of any unauthorized use of your password and account or any other security breach please contact us immediately at email@example.com
- make sure you logout from your account at the end of each session.
- You will receive confirmation emails, updates and marketing emails after you create a Kisses from London account, at the email address you registered with. You can opt out of updates and marketing emails at any time by clicking the unsubscribe button on the bottom of your email.
- You are responsible to keep backups of any material sent to us via upload or email, as we are not responsible of keeping backups, lost, damaged or deleted images or any other material used in connection with the Services.
- if in our reasonable opinion you have failed to comply with these Terms we have the right to disable your password at any time.
5 ORDER AND DELIVERY
5.1 An order for any Service will not be treated as having been accepted until you receive a confirmation email from us stating that.
5.2 We have a policy of continuous product development and we reserve the right to amend the specifications of any of the Services without prior notice.
5.3 We decide at our own discretion whether to accept any order from you or to reject it, for example, if we don’t have the product in stock or if your order doesn’t follow these Terms. If we do reject your order, we will contact you via email to confirm this and to arrange for the refund. In the event that our Services are produced and prior to the dispatch are then discovered to be in breach of these Terms, we will not dispatch the Services. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but serve the right to charge in full as if the Services had been dispatched.
5.4 We can’t guarantee that the printed colours of the Services will match exactly those displayed on a customer’s mobile phone, monitor or any other electronic device.
5.5 We estimate the dispatch dates available and the expected delivery timeframe during the order process of your Services, however we do not guarantee delivery dates or time.
5.6 In case of failure or delay results from any circumstances outside of our control, neither we, nor the delivery service that we use, shall be liable. The circumstances include but are not limited to: accidents, traffic congestion, strike, extreme weather conditions (snow, flood, extreme winds etc), fire, explosion etc.
5.7 Placing an order confirms the bellow contract for purchase:
- by clicking on the checkout button you are confirming the order and agreeing to purchase the product
-our products are all personalised with content from our website or with content provided by the customer
-next step is the payment method selection and completion of payment
-we will send an automated email saying thank you for placing the order
-your order is not confirmed until we notify you via email that your order is confirmed and ready for dispatch.
-if you selected a tracked delivery we will provide you the tracking number and instructions on tracking your kisses.
-in case we reject or cancel your order we will notify you via email and proceed with further instructions.
-there are limited circumstances in which you may cancel an order after it has been made – please see in section 7.
5.8 Personalising products
KissesfromLondon.com aims to provide you with a high-quality and fast handmade service. We carefully personalise and assemble your service and double check each order, but due to being a handmade product it can’t always have the same end results as an automated processed product would.
Small and tiny imperfections are part of the handmade end look.
Please double check your order on screen and your acknowledgement email carefully to check that all the details provided are correct. It is up to you to ensure that the content provided is correct and correctly spelt. As a courtesy, we may allow you to make changes to your order as long as the product hasn’t been created or shipped. If you do want to make any changes contact us at firstname.lastname@example.org and we will let you know if we are able to make any changes to your order.
If you upload a photo, the images must be in JPEG or PNG format.
If you upload an audio file, it must have the following extension: .mp3, .aac, .wav, .amr, .m4a, .flac, .ogg
If you upload a video, this must be in landscape format and with the following extensions: .mp4, .wmv, .avi, .mov Please note that we don’t recommend a portrait layout, due to the landscape 7” LCD. If you do send us a video in a portrait format we will add it as it is in the video card and assuming it is your choice to have the product like this.
Any other formats than stated above will be rejected and a warning message will appear.
We print images at 300DPI (dots per inch), so we recommend you to upload a photo with approximately the same resolution or image size. We will accept your uploaded file even if it has a lower resolution, but we will not be responsible for the end result.
5.9 Delivery services
Some services include free posting if stated so. Where the postage is not included we will offer you the bellow selection of Royal Mail delivery services.
- The Paper Kisses will be dispatched as Letters with the following dimensions: max length 24cm, max width 16.5cm, max thickness 0.5cm and max weight of 100 gr.
- Letters delivery prices are:
- UK 1st Class Royal Mail £0.67
- UK 1st Class Signed for Royal Mail £1.77
- International Standard Royal Mail £1.50
- International Tracked and Signed for Royal Mail £6
- The Audio Kisses and the Video Kisses will be
dispatched as Large Letters with the following dimensions: max length 35.3cm, max width 25cm, max thickness 2.5cm
and max weight of 750 gr.
- UK 1st Class Royal Mail £1.87
- UK 1st Class Signed for Royal Mail £2.75
- International Standard Royal Mail £7.10
- International Tracked and Signed for Royal Mail £11.15
For the same day dispatch orders must be submitted before 3pm, UK time, Monday to Friday. All weekend and bank holiday orders will be dispatched the next working day.
Royal Mail advises that 90% of all First Class post arrives the next day but it can take up to 3 working days to arrive. For the international post services delivery takes between 5-7 working days.
UK 1st Class Signed for is not a tracked product, but you can use the Track and Trace to see electronic signature free of charge.
International Tracked and signed is tracked in the UK and overseas. You can view progress of your item online right through to delivery.
KissesfromLondon.com reserves the
right to change the postage prices at any time.
6 PRICE AND PAYMENT
6.1 Any price stated (if at all) on the website for Services will include Sales Tax/VAT at the then applicable rate, if appropriate.
6.2 Payments are made via PayPal platforms and it can process Credit card, debit card or PayPal Payments at the time of placing the order. Payment in full will be taken at this time and a contract will be in force in relation to the purchase of that service.
6.3 You warrant that all details provided to us for the purpose of your order and its delivery will be correct and that the chosen method of payment is your property and that sufficient funds or credit facilities are available to cover the full cost of the Services ordered. We reserve the right to obtain validation of your credit card, debit card or PayPal details before accepting your order.
6.4 We will take all reasonable care to keep the details of your payment secure. However, save where we have acted negligently we cannot be held liable and disclaim all liability howsoever arising for any loss you may suffer if a third party gains access to any data you provide when accessing or making a payment through the website.
7 RETURNS AND CANCELLATIONS
7.1 All our products are personalized Services for which there is no right to cancel the contract and return the Service.
7.2 All our services are carefully checked to match the requirements of their order, but if by any chance you receive a different product than ordered, we will ask you to send us an email stating the situation and a picture of the product received as a proof within 3 days of receipt. If you are eligible for a refund, we will refund the price you paid onto the card you paid with. We will not provide a refund if the fault is a result of your own actions such as Service misuse or if personalization is mis-spelt or if you uploaded an image of a low resolution or size.
7.3 Order cancellations can only be done if we haven’t produced yet your service.
Once an order for a Service has been placed by you, you have confirmed the order and the order has been printed, you may not cancel the order.
If you decide to cancel a purchase please do this as soon as possible by sending an email to email@example.com with Urgent Cancellation in title. We will get back to you as soon as possible and let you know if this can be done.
Once an order has been printed we are unable to provide you with a refund if you change your mind about your order. This does not affect your statutory rights as a consumer.
7.4 You may cancel your account by contacting us by email at firstname.lastname@example.org You may be asked to provide proof that you are the holder of the account and your account will be cancelled as soon as reasonably practicable following receipt of your email.
7.5 We may cancel your account without notice at our discretion.
7.6 Once your account is cancelled, any images that you have uploaded will be removed from the website and your password will no longer enable access to the password protected areas of the website.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 Kisses from London is our registered trademark, and you agree not to display or use it in any manner without our prior written consent.
8.2 All materials on this website and the functionality and operation of the website itself are protected by intellectual property rights owned by KissesfromLondon.com or by third parties and are used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, other materials contained in this website, the software used in the design and development of this website and the functionality and operation of the website itself. All rights are reserved, worldwide. We are the owner (or the licensee) of all intellectual property rights in the Services.
8.3 You retain all intellectual property rights, including copyright, in those images that you have uploaded to the website, whilst using the Services, where you already own such rights.
8.4 We may display, modify, print, transmit or distribute any of the images that you upload or email to us, in order to provide any of the Services offered by us through the website subject to these Terms.
8.5 You warrant that you have the right to copy, upload or otherwise deal with those materials in relation to the Services and to allow us to process and otherwise deal with those materials in accordance with these Terms.
8.6 You may not upload, request us to print, or otherwise deal with, in relation to the Services any images or other material where you do not have the right to do so or allow us to use such images or other material if such use would infringe any existing third party intellectual property or contractual rights.
8.7 You are not allowed to remove any copyright, trade mark or other intellectual property notices contained on the website or in the Services or from any copies or printed items taken of material from the Services.
8.8 We have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
8.9 No one may copy, distribute, show in public or create any derivative work from KissesfromLondon.com or any of the material which is found on kissesfromlondon.com unless properly licensed in writing by us to do so.
8.10 You are not allowed to use kissesfromlondon.com(or copy or use any material found on kissesfromlondon.com) for any commercial purposes other than to conduct the purchase of a product from Kissesfromlondon.com.
8.11 No one may use robot, spider, scraper or other automated means to access kissesfromlondon.com for any purpose without our prior express written permission.
9.1 You agree to indemnify and hold us, and any parents, subsidiaries, affiliates, associated companies or any of their respective directors, officers, limited liability company members, employees, agents or service providers, harmless against any loss, damage, claim, cost or liability that arises out of any claim asserted by a third party that involves, arises out of, relates to or concerns:
- any use by you of the website or the services in breach of these Terms;
- any claim that the uploading or emailing of any materials by you or on your behalf is an infringement of any third party’s copyright, trade mark or other intellectual property rights;
- any claim that the processing, printing or other dealing by us of any materials uploaded or emailed by you or on your behalf is an infringement of any third party’s copyright, trade mark or other intellectual property rights.
10 LIMITATION OF LIABILITY
10.1 We will always try to ensure that our website is available 24 hours a day, but we will not be liable if for any reason the website is unavailable at any time, or for any periods.
10.2 We may provide occasionally links to other websites or resources for your convenience, but we do not endorse the contents of those websites and we are not responsible for their service or availability. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.
10.3 We aim to meet all the specifications of the products on kissesfromlondon.com, but we cannot and do not guarantee that our services will meet your requirements.
10.4 We cannot and we do not make any warranties, claims or representations with respect to the services including, without limitation, quality, performance, non-infringement, merchantability for use for a particular purpose. We cannot warrant that availability or use of the service will be uninterrupted, timely, secure, error-free or virus-free. We cannot accept responsibility or liability for a failure of your device, internet or network provide, or any losses or damage suffered as a result, as this is outside of our control.
10.5 We are trying our best to ensure the website and our services do not contain or promulgate any viruses or other malicious code. However, is it recommended that you should virus scan all materials used in connection to our website. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originated or contracted from the website.
10.6 Please note that the transmission of information via the internet is not completely secure. Although we take appropriate technical measures to guard your personal data, we cannot guarantee the security of your personal data. Any transmission of your personal data is at your own risk.
10.7 We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
-for any loss of revenue, data, business, anticipated saving, profits, opportunity, goodwill or reputation, or for any business interruption
- any loss or corruption of data
-any indirect, special or consequential loss, damage, costs or other claims
-the total liability of Kissesfromlondon.com shall not exceed the aggregate net purchase price (excluding taxes) for the relevant services.
11.1 Where we terminate your access to the website or the Services for any reason:
(a) all licences and rights to use the Services shall immediately terminate;
(b) you will immediately cease any and all use of the Services and
(c) you will destroy and/or delete all copies of the Services in your possession or within your control.
12.1 In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
12.2 No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these Terms is intended nor shall affect any of your statutory rights that may not be legally excluded.
13.3 We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with our specific permission in writing.
13.4 These Terms (and the provision of Services by us) are governed by and interpreted in accordance with the laws of England and Wales. In the event of any dispute arising in relation of these Terms or in relation to the provision of any Services by us the English courts will have non-exclusive jurisdiction over such dispute although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or other relevant country.
13.5 Please make a durable copy of these Terms, as we do not store separate files for each update. These Terms are only in English.
13.6 By submitting a review on Kissesfromlondon.com, you confirm and agree that:
-you are the sole author of the review and that you can confirm the purchase
-your review is accurate and fair
-you are at least 18 years old
-you grant us a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy and modify your review
-you will not submit false or inaccurate and misleading information
-you will not infringe anyone’s copyright, trademark or other proprietary rights or duty owed to any person or entity, such as a duty of confidentiality
-you will not breach any law or promote and assist any unlawful act
-your message does not promote discrimination in any form, or that may incite to hatred or violence against anyone (person or group), abusive and offensive language
-you will not make references to any other website and services or include any links
-you will not misrepresent identity or impersonate any person
-you will not include any personally identifying information about any person
-by submitting your email address with your review or rating, you agree that we and our third party service providers may use your email address to contact you about the status of your review and for administrative purposes.
Kissesfromlondon.com reserves the right to decline to publish a review and remove a review for any reason.
These Terms take effect on 25th of August 2018.