These terms apply to your access to any website provided by Kinect International including www.kinect-int.com any sub sites of this domain.
Please read these terms and conditions carefully before accessing and/or ordering any goods from this Website. If you access the Website, and/or place an order for goods, you agree to be bound by these terms and conditions, and warrant that you are legally capable of entering into binding contracts. We routinely update our Terms and conditions we advise that you refer to the Terms and Conditions prior to using our online service, and to print a copy of the terms and conditions for future use.
How the contract for the goods is formed between you and us
After placing your order you will receive an automated acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by confirming that your order has been despatched, once we accept your order, a contract to purchase and deliver goods takes effect between you and Kinect International. The contract to sell goods to you only relates to those goods listed in the confirmation email. We will not be obliged to sell any other goods which may have been part of your order until the despatch of your goods has been confirmed in a separate confirmation email.
A description of the main characteristics of goods can be found on the product pages of the Website.
Prices for goods on the Website appear on the product pages and include all UK taxes.
Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion. The prices on the Website may differ to prices in our retail stores, catalogues or elsewhere.
We are under no obligation to sell incorrectly priced goods to you at the incorrect price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
Data protection and privacy
We take appropriate technical and organisational measures to protect against unauthorised or unlawful processing of your personal information, including encrypting your information to applicable industry standards.
During your visit to the Website we may gather certain personal information that is necessary to set up your account, for the purposes of billing, delivery of your goods and queries. We only keep your information for as long as is necessary to process your order, process any applicable refunds, and respond to any complaints/feedback or to provide you with promotional information you have subscribed to.
Ordinarily we do not have access to your financial information which is securely transferred directly to our third party payment partners who process it on our instruction. We supply your information to our third party payment and courier partners to allow correct payment processing and delivery of your order.
When you register your details with us, you have the option to subscribe to future promotions and special offers. You may unsubscribe from this at any time by contacting our Customer Services.
We do not transfer your information outside the European Economic Area.
The Website can recognise past users by using cookies. Cookies personalise your visits to the Website to meet your individual preferences. You can disable cookies by adjusting your internet settings.
When you supply your information to us you accept the risks associated with the Internet and consent to our processing your information in accordance with this policy and will not hold us responsible for any loss of your information unless we have breached our duty of care to you.
For details of our delivery terms and payment policies please visit Delivery & Payment
For details of our returns policy please visit Returns & Refunds
Warranty and limitation of our liability
If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the goods and any proven losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
• (a) loss of income or revenue;
• (b) loss of business;
• (c) loss of profits;
• (d) loss of anticipated savings;
• (e) loss of data; or
• (f) waste of management or office time.
Nothing in these terms and conditions are intended to exclude or limits our liability for:
• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation;
• (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
• (d) defective products under the Consumer Protection Act 1987;
•(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Whilst we adopt industry standard protections against computer viruses we are not able to warrant that this website is free from computer viruses or any other malicious or impairing computer program.
Nothing in these terms and conditions are intended to affect your statutory rights.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations to you that is caused by events outside our reasonable control (a ‘Force Majeure Event’). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes (without limitation) the following:
• (a) Strikes, lock-outs or other industrial action;
• (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• (e) Impossibility of the use of public or private telecommunications networks; or
• (f) The acts, decrees, legislation, regulations or restrictions of any government.
In the event of a Force Majeure Event, our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations to you may be performed despite the Force Majeure Event.
Applicable laws require that some of the information or communications we send to you should be in writing. By accessing our site you accept that communication with us will be primarily electronic through e-mail or notices posted on our website. For contractual purposes, by accessing this website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Intellectual property rights
Unless otherwise specified the intellectual property rights in the contents of all the pages in this website, are owned or licensed to Kinect International Ltd., or are used with permission from the owner.
The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.
We take all feedback very seriously and aim to deal with complaints as quickly and effectively as possible.
For complaints relating to orders placed through our website please contact Customer Services. To assist us in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.
Our right to vary these terms and conditions
We reserve the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions that are in force at the time that you order goods from us unless:-
• any change to these terms and conditions is required to be made by law or governmental authority, in which case the changes may apply to orders previously placed by you; or
• we notify you of any changes to these terms and conditions before we accept your order, in which case we have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven (7) working days of receipt by you of the goods.
The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this website including orders for goods. By accessing this website you agree to submit to English law.