Terms and Conditions
General
Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.
Privacy Policy
By using this Website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy, and agree that all data provided by you is accurate and up to date. You are responsible for maintaining and updating account information.
Prohibitions
You must will not misuse this Website in anyway, you will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Kapdaa will report any such breach to the relevant law enforcement authorities and disclose all relevant information to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it. The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Kapdaa or its licensors and are protected by copyright laws and treaties around the world.
You may store, print and display the content for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or documentation supplied by Kapdaa. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Kapdaa.
Registration
Where you register on this Website, the following terms and conditions apply.
You must provide us with accurate registration information.
You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
We reserve the right to close accounts if you are attempting to hide the use of multiple accounts or disrupt any of our services in any way.
If you sign into any area of this Website that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your account(s).
Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your account(s).
Terms of Sale
By placing an order for any goods on our Website you are agreeing to purchase the goods on and subject to the following terms and conditions. Dispatch may vary according to availability and any guarantees or representations made as to delivery times are subject to change for which we will not be responsible.
When placing an order you agree that all details you provide to us are true and accurate and that you are an authorised user of payment method used. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age. Our Website uses PayPal. When you place an order, you will receive an e-mail confirming receipt of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and your card has been debited. Whilst we try and ensure that all details, descriptions and prices which appear are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If you decide to cancel your order a full refund will be provided. If you think that there is a fault with the goods you have received, please contact our Guest Experience Team as soon as possible, include your order number, problems with the goods and if possible photographs of the defect. You may be entitled to a replacement or refund for a major fault or entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality. You can return any goods within 30 days of receipt for a refund of those goods if the item(s) is unused with original packaging and the original receipt or proof of purchase is provided. We will refund the monetary value of the goods returned to us, at the price you purchased them and in the method you purchased them. All goods will be inspected on return. You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. We are not responsible for any goods that are returned to us in error.
Disclaimer
Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.
If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms of Service under the English Consumer Law or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and Kapdaa is able to limit the remedy for a breach of the Non-Excludable Provision, then the liability for breach of the Non-Excludable Provision is limited to one or more of the following at Kapdaa option
In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
Subject to Kapdaa’s obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Kapdaa is not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages; or damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Indemnification
You agree to indemnify, defend, and hold us and any company in our group and our respective officers, agents, representatives, employees, partners, and licensors harmless from any and all demands, claims and actions (including reasonable attorneys’ fees) arising from or related to your use of the Services. We reserve the right to assume all or any part of the defence of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.
Collaborative Designers
All brands and designers have been advised on their commitments as collaborative partners, and have agreed to the terms. The materials used from these brands were willingly sent to Kapdaa in order to be used to create new products. All products, designs, and text have been approved by the designers / companies that are used by Kapdaa and featured on the site.
Responsibility for the overall project management and administration is assumed by Kapdaa, in the best common interest of all participating brands and designers.
Applicable Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts.
Where these Terms are translated into languages other than English in the event of any conflict or inconsistency the English language Terms shall prevail.
We reserve the right to bring proceedings in:
The Courts of the country of your residence
The Courts of the location of your access, use or storage of any materials obtained from the Sites
The Courts of the location of any breach by you of these Terms; and/or
The Courts of the location of your authorization of any of the above acts.
You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of these Terms. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms.
Entire Agreement
We shall have the right that at any time and without notice to amend, remove or vary these Terms of Service, products, services and/or any page of this Website. The above Terms of Service constitute the entire agreement of the parties and supersede all preceding and concurrent agreements between you and us.
Complaints
If you have a complaint about Kapdaa, please contact us:
Via phone +44 20 8481 0441
Via email nishant@s2qv3s28c.gb-02.live-paas.net
Via post to Unit 8, Kingsmill Business Park,Chapel Mill Rd. Kingston Upon Thames, KT1 3GZ
Hours: Tuesday to Friday 9am to 6pm GMT
Company Registration
KAPDAA – The Offcut Company is the trading name for In-thebox.co.uk Ltd. registered under the England & Wales Companies House – 07012300
VAT number: 230 6058 41
Amendments
We reserve the right to change any part of the Services, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Services means that you agree with our updated Terms. If you do not agree with our updated Terms, you must not use our Services.