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Terms of service

CUSTOMER TERMS

Sale Items
1. The images of the Items on the Site are for illustrative purposes only. Although, We have made every effort to display the colours accurately, We cannot guarantee that Your computer's display of the colours accurately reflects the colour of the Items. Your Items may vary slightly from those images.
2. Although We have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on the Site may have a small disparity.
3. All Items shown on the Site are subject to availability. If an Item You have ordered is not available, we will email you as soon as possible and process a refund of the full amount to your payment card.
Use Of The Site
1. Your use of the Site is governed by this clause 2.
2. In particular, You agree:
  1. to post or publish feedback on Items which is honest, fair factual; and
  2. to refrain from posting or publishing any content or materials which are libellous, slanderous, offensive, incorrect, misleading or inaccurate in any way.
3. Due to the volume of Items on the Site, we are unable to review all comments given in the feedback sections. Therefore, we ask you to let us know of any defamatory, illegal, or offensive posts immediately by contacting us via email at info@k-winlondon.com. We will then review these and take the appropriate action.
4. You acknowledge and accept that Your failure to use the Site in accordance with these Terms and any document referred to in these Terms may result in Your access to the Site being blocked.
Personal Information
1. Your personal information will be used in accordance with the K-Win London Privacy Policy https://www.kwinlondon.co.uk/terms-conditions.Please take the time to read this document, as it includes important terms that apply to you.
Your responsibilities
1. As a consumer, You may only purchase Items from the Site if You are at least 18 years old.
2. You acknowledge and accept that We may perform proof of age checks when you order an Item. Please note that in proceeding to order an Item through the Site, You consent to these checks being carried out. If You do not consent to these checks being carried out, You should not order Items through the Site.
3. As a consumer, you have legal rights regarding faulty or non-described items. Advice about your legal rights is available from your local consumer rights authorities. Nothing in these Terms will affect these legal rights.
Orders
1. For the steps that you need to take an order on the Site, please see [INSERT LINK]
2. Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order on each page of the process.
3. After You place an order, You will receive an email from Us acknowledging that We have received Your order ("Order Confirmation"). However, please note that this does not mean that Your order has been accepted. Our acceptance of Your order will take place as described in clause 5.5. Without affecting Your rights to return the Item(s) set out in these Terms, You can cancel Your order for an Item at no cost to You at any time before We dispatch the Item(s) to You.
4. Without affecting your rights to return the Item(s) set out in these Terms, you can cancel your order for an Item within 30 (thirty) minutes of placing the order. Thereafter, a Cancellation request will be sent to our team for review. The Cancellation is at our discretion—there is no guarantee that your order will be cancelled.
5. The Contract between Us will only be formed when We dispatch Your Item(s) to You.
6. If We are unable to supply You with an Item (for example because that Item is not in stock, no longer available or because of an error in the price on the Site as referred to in clause 11.5), We will inform You of this by email and We will process a refund of the full amount to Your payment method as soon as practicably possible.
Amendments
1. These Terms may be updated from time to time in the following circumstances:
  1. changes in how We accept payment from You; and
  2. changes in relevant laws and regulatory requirements.
  3. Every time You order Items from us, the Terms in force at that time will apply to the Contract between You and us.
  4. When We revise these Terms in accordance with this clause 7, We will keep You informed and give You notice of this by stating on the Site that these Terms have been amended.
PRODUCT AVAILABILITY
1. Certain products may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our returns and refunds policy in Clause 12 below.
2. We have made every effort to accurately display our products' colours and images on the Website. However, we cannot guarantee that your computer monitor's display of any colour will be accurate.
3. For pre-order Items, please refer to the product descriptions for estimated delivery dates. If your order contains a combination of in-stock and pre-order items, delivery may be delayed until all pre-order items are available. We recommend placing separate orders for in-stock and pre-order items for quicker delivery.
4. We reserve the right but are not obligated to limit sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.
Orders, Fulfilment and Delivery
1. You must create an account to complete purchases. We will collect personal information such as name, email, date of birth, and body measurements for personalised services, including our virtual fit-on room, in accordance with our Privacy Policy https://www.kwinlondon.co.uk/terms-conditions If an item is out of stock, you will be notified before placing an order. Should stock become unavailable after the order is placed, we will notify you via email immediately.
2. Orders placed between 12:01 AM and 3:00 PM are processed and dispatched within one business day unless there is an Event of force majeure. If we are unable to meet the estimated delivery date because of an Event of force majeure, we may contact you with a revised estimated delivery date.
3. Once you place an order, you will receive an order confirmation email. A contract is formed when the payment is processed and confirmed.
4. Orders cannot be amended once placed. Customers may cancel an order within two hours of placement if it was placed mistakenly. If an order has been dispatched, customers must return it under the return policy in Clause 12
5. Delivery will be completed when We deliver the Items to the address You gave us.
6. The Items will be Your responsibility from the completion of delivery.
7. You own the Items once We have received payment in full, including all applicable delivery charges.
8. If delivery fails due to incorrect customer information or the customer is unavailable, the customer may be charged for redelivery. No additional charges will apply for failed deliveries due to carrier or company errors.
9. We offer the following delivery services:
  1. Standard Delivery: 3-4 days
  2. International Delivery: Additional 10 Business Days aftre processing the order.
  3. Expedited or same-day dispatch is currently not available.
  4. Processing and delivery timelines will vary based on the size of the product ordered:
    1. For standard sizes (UK 8, 10, 12, 14, ), pre-orders will typically take up to 3-4 weeks to process and dispatch.
    2. For extra small sizes (UK 4, 6) and sizes (UK 16,18, 20+), pre-orders may take up to 4 -5 weeks to process and dispatch.
  5. If an order contains in-stock and pre-order items, delivery will be delayed until all items are ready for dispatch. We recommend placing separate orders for in-stock and pre-order items for faster delivery.
INFORMATION ACCURACY
1. We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed under the same customer account, the same credit card, or orders using the same billing and shipping address. If we change or cancel an order, we will attempt to notify you by contacting the e-mail and billing address or phone number provided at the time of the order.
2. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
3. You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
Prices And Delivery Charges
1. The prices of the Items will be as quoted on the Site. We will take all reasonable care to ensure that the prices of items are correct when the relevant information is entered into the system. However, if We discover an error in the price of the Item(s) You ordered, please see clause 11.5 for what happens in this event.
2. Items' prices may change occasionally, but changes will not affect any order that we have confirmed with an Order Confirmation.
3. All prices are displayed in GBP.
4. The price of an Item includes VAT where relevant.
5. The price of an Item does not include delivery charges, as quoted on the Site. To check current delivery charges, please refer to the relevant Item You are ordering.
6. It is always possible that, despite our reasonable efforts, some of the Items on the Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
7. where the Item's correct price is less than the price stated on the Site, We will issue You with a refund for the difference between the price You paid and the actual price of the Item. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by You as a mispricing, We don't have to provide the Items to You at the incorrect (lower) price, and
8. If the Item's correct price is higher than the price stated on the Site, We will contact You by email as soon as possible to inform You of this error. We will then give You the option of cancelling Your order and continuing to purchase the Item at the correct price or not proceeding with the order and terminating the purchase process. We will not process Your order until We have Your instructions. If We are unable to contact You using the contact details You provided during the order process within 14 days, We will treat the order as cancelled and notify You in writing.
How To Pay
1. You can only pay for Items using the shop pay, Apple Pay and Pay Pal platform and with any major debit or credit card through K-Win London's online payment processing system. We accept the following cards: Discover, Visa/Visa Debit/Visa Electron, Mastercard, Maestro, and American Express (AMEX). Please make yourself familiar with their Terms and Conditions here:https://www.k-winlondon.com/terms-conditions
2. Payment for the Items and all applicable delivery charges is in advance. After the payment is approved, we will dispatch your items using the shipping method you selected for the purchase.
3. We cannot be held responsible for data breaches or breakdowns in the payment systems of our payment service providers. If you have any complaints about the performance of these services, feel free to raise your concerns directly with them.
Returns and Refunds
1. As a consumer, you have legal rights under the Consumer Rights Act 2015 in relation to faulty items of poor quality or not as described. Under these rights, all items sold by us must be:
  1. Of satisfactory quality – not faulty or damaged;
  2. Fit for purpose – the items must be suitable for the purpose they were supplied for;
  3. As described – the items must match the description given at the time of purchase
2. If an item is found faulty, damaged, or not as described, you are entitled to a refund, repair, or replacement. In such cases, you must notify us within 24 hours of receiving the item, providing evidence of the issue (e.g., photos or videos). If we deem the item to be faulty or misdescribed, you will receive a full refund, including any applicable delivery charges, or you may opt for a repair or replacement.
3. Exchanges and Store Credit
  1. We offer exchanges or store credit only for items that are not faulty or damaged but that you wish to return due to personal preference (such as changing your mind or selecting the wrong size). Refunds will not be provided in these cases unless the item is faulty or misdescribed, as outlined above.
  2. To qualify for an exchange or store credit, the item must be returned in its original condition, unworn, unused, with all tags, and in its original packaging.
  3. You have 21 days to request an exchange or store credit from receiving the item. You will be responsible for the cost of returning the item to us unless the item is faulty or misdescribed.
4. Items Exempt from Return
  1. Please note that cancellation rights do not apply to the following:
    1. Items made to your specification or clearly personalised.
    2. Items commissioned in any way (e.g., bespoke orders).
    3. Gift cards and perishable goods
5. Legal Right to Cancel
  1. Under the Consumer Contracts Regulations, you have the legal right to cancel a contract within 21 days of receiving the item(s). To cancel a contract:
    1. You must log into your account on our Website, select the order from the list of recent orders, and initiate the cancellation process.
    2. If the item has already been delivered, you must return the item to us at your expense. You will receive a full refund of the price paid for the item and any delivery charges within 30 days of cancelling, provided that we receive the item in the same condition it was sent (unworn, unused, with tags, and in its original packaging).
6. Return Shipping
  1. You are responsible for the cost of return shipping for non-faulty items or for items returned due to a change of mind or incorrect size choice. If the item is faulty or misdescribed, we will bear the return shipping costs.
7. Refund Process for Faulty Items
  1. If your return is approved based on the item's condition being faulty or misdescribed:
    1. We will process your refund within 5-7 business days of receiving and inspecting the returned item.
    2. The refund will be issued via your original payment method.
    3. Bank processing times may vary, and you should allow up to 14 business days after approval for the refund to be credited to your account. Please contact us if you do not receive the refund within this period.
Our Liability
1. Where the Items are supplied for use by your business, you agree not to use them for resale purposes.
2. Nothing in these Terms limit or exclude our liability for:
  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  4. breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  5. defective Items under the Consumer Protection Act 2015.
3. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if you and we contemplated them at the time We entered into the Contract. Subject to clause 11.2, We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4. Subject to clause 11.2, our total liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Items.
5. Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Items. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Items are suitable for Your purposes.
Discount Codes
1. Discount Codes are available from time to time to use on Items purchased from the Site. If a Discount Code becomes available K-Win London will notify You and provide additional information on how to use them.
Force Majeure
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event of Force Majeure. An Event of Force Majeure is defined below in clause 13.2.
2. An Event of Force Majeure means any act or event beyond our reasonable control, including without limitation, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
3. If an Event of Force Majeure takes place that affects the performance of our obligations under a Contract:
  1. We will contact You as soon as reasonably possible to notify You; and
  2. Our obligations under a Contract will be suspended, and the time for performance of our obligations will be extended for the duration of the Event of force majeure. Where the Event of force majeure affects our delivery of Items to You, we will arrange a new delivery date with you after the Event of force majeure is over.
Communications
1. When we refer to "in writing" in these Terms, this will include email.
2. To cancel a Contract or delete Your Account by Your legal right to do so as stated in clause 5, You must contact Us in writing by submitting a notification through Your Customer Account. You may wish to keep a copy of the cancellation notification that you submitted for your own records. Your cancellation is effective from the date You submitted the cancellation through the system on the Site. If You wish to contact Us in writing for any other reason, such as giving feedback or making a complaint, You can send this to Us by prepaid post to K-Win London Ltd. K-win London Ltd, 2-4 Eastern Road, Romford. RM13PJ.
3. If we have to contact you or give you notice in writing, we will do so by email.
Intellectual Property
1. We own the copyright, design rights, and all other intellectual property rights in the Site (including those in any materials and other documents or items that We prepare or produce in connection with the Site) will belong to Us.
2. You may not use the materials, documents or other items detailed in clause 15.1 above without K-Win London's prior written consent.
3. You acknowledge and accept that the copyright, design rights and all other intellectual property rights in a listing will belong to Us absolutely or have been licensed to us.
4. We hereby grant You a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and licence to use, each Listing for the sole purpose of advertising the Item(s) which You buy through the Site.
General
1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect Your rights or our obligations under these Terms. We will always notify You by posting on this webpage if this happens.
2. You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
3. The Contract is between you and Us and, subject to clause 16.4, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
4. K-Win London shall be entitled to enforce the Contract and Terms under the Contracts (Rights of Third Parties) Act 1999.
5. Each Clause in these Terms operates separately. If any court or relevan authority decides that they are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
6. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce our rights against You, or if We delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
7. These Terms are governed by English law. This means a Contract for the purchase of Items through the Site and any dispute or claim arising from
8. or in connection with it will be governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction.

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