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General information about use of the Site
Buying goods from this Site
Welcome to the KP rocks web site www.kprocks.co.uk (the "Site").
Katie Pearman trades as KP rocks. If you purchase any goods from the Site, you will be contracting with KP rocks (“we/us”) on the terms set out here (the "Terms"). As a user of the Site you acknowledge that any use of Site is subject to the Terms.
2. The Terms
2.1 Please read through the Terms carefully. If you do not agree with the Terms, do not order any goods from this Site. If we accept any order for goods from you, then our agreement with you will be made on these Terms.
2.2 We reserve the right to amend the Terms from time to time. We recommend that you review these Terms from time to time, and in particular before making orders. We will publish the amended Terms on the Site and any new versions of the Terms will come into effect as soon as we publish them on the Site (with the exception that any orders that we have already accepted from you prior to any such change will be subject to the Terms that were displayed on the Site at the time of your order). If you use the Site after we have published the new Terms, your continued use of the Site indicates that you agree to be bound by the new Terms.
2.3 These Terms form the entire understanding between you and us and supersede all previous agreements, understandings and representations relating to use of the Site and purchase of goods from us. If any provision of these Terms is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing our rights under these Terms without losing them. You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations under them without giving you notice. You may not assign or sub-contract your obligations under these Terms.
3. Registration
When you register with the Site you warrant that you are over eighteen years of age.
You warrant that any information you provide to us about yourself upon registration or at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date at all times when you use the Site.
4. Password and Security
When you make your first purchase on the Site you will be asked to create a KP rocks account and you will need to create a password. You must keep this password confidential and must not disclose it to or share it with anyone. YOU will be responsible for all activities and orders that occur or are submitted using the combination of your username and password. If you know or suspect that someone else knows your password you should notify us by contacting customerservices@kprocks.co.uk immediately.
We reserve the right to block your account if we believe that it is no longer secure.
If you forget your password please use the facility on the Site for requesting a new password.
5. Privacy policy
We treat your privacy very seriously and we understand that you will wish to know how we will use the information we collect from you. Please refer to our privacy notice to access our privacy policy which is incorporated into these Terms. All use of your personal information will be in accordance with the privacy policy and will comply with all applicable UK data protection legislation.
6. Intellectual Property
You acknowledge that material on the Site is protected by copyright, trade marks and other intellectual property and proprietary rights. You may print or download one copy of content on the Site on any single computer for your own personal, non-commercial use, provided you do not remove copyright and proprietary notices. You may not otherwise reproduce, copy, distribute or use any of the materials or content on the Site without written permission from us.
7. Availability of the Site
Although we aim to offer you the best service possible, we make no promise that the online shopping services on the Site will meet your requirements, or that the service will be uninterrupted, timely, secure or entirely error free. We may modify or discontinue the Site with or without notice to you and without liability to you or any third party.
Due to the nature of the internet, and the fact that your access to the Site involves features outside our control, we are not responsible for technical problems that you may experience with the Site.
8. Termination
If you breach these Terms KP rocks reserves the right to terminate its agreement with you without notice to you. The termination of this Agreement or your right to use the Site is without prejudice to any rights which we may have against you in respect of such breach.
9. Disclaimer of Warranties
You understand and agree that we do not guarantee the accuracy or completeness of any information in or provided in connection with the Site. We are not responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
We shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced on the Site.
10. International Use
We make no representation that materials on the Site are appropriate or available for use in locations outside the United Kingdom and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
11. Matters beyond our reasonable control
We shall not be held liable for any breach of these Terms caused by circumstances out of our control, including acts of God, fire, lightning, flood or extremely severe weather, explosion, war, disorder, industrial disputes or acts of local or central Government or other competent authorities.
12. Third Party Websites
We are not responsible for content on the internet outside the Site. As a convenience to our customers, we may include links to sites on the web and which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which the Site links, and you waive any claim you might have against us with respect to such sites.
13. Buying goods from this Site
13.1 Pricing policy and availability
We may change the prices of the goods displayed on the Site at any time. All prices are stated in pounds sterling and are non-inclusive of VAT as we are not VAT registered and are not currently liable for VAT. The price you pay is the price stated on the Site at the time we receive your order save for the following: while we try to ensure that all prices on the Site are accurate, errors may occur. If we discover an error in the price of the item ordered, we will inform you as soon as possible and give you the option of re-ordering at the correct price or cancelling your order. If we are unable to contact you we will treat the order as cancelled and if we have already received payment we will refund you. If you cancel and have already paid for an item we will refund you.
All orders are subject to availability. In the event, we are unable to supply the item(s) ordered we will inform you as soon as possible by email or phone and set out the options available to you. We will pay you a full refund (including the delivery charge) where you have already paid for the goods and we are not able to despatch substitute goods.
Prices stated on the Site do not include postage and packaging and you will be required to pay extra for delivery. Specific details of delivery charges are provided in the shipping & returns section.
13.2 Description of goods
Whilst we take great care to accurately describe the jewellery shown on the Site, the jewellery is handmade from natural materials and as such some items may vary slightly in colour and composition from that shown.
We make every effort to describe the materials used correctly and in accordance with our suppliers' information however errors may occur for which we can accept no responsibility.
13.3 Conclusion of contract of sale
The information relating to our goods and relevant prices are displayed on the Site for your information and to enable you to decide whether you would like to make us an offer to purchase any such goods. Once you go the checkout part of the Site, clicking to purchase any of the goods and submitting your order constitutes an offer made by you to us. We will send you an email confirming the details of your order. Then we will check that we have the item(s) in stock. Acceptance of your offer only occurs once you receive a further email from us stating that we have accepted your order and are processing it at which point there will be a binding contract between you and us. You should be aware that internet communications can be almost instantaneous and we may begin processing your order very soon after you send it. As a result, it may not be possible to cancel your order once submitted to us.
13.4 Method of payment
You can pay for the goods by using PayPal or Nochex (online payment systems that allow customers to send online payments securely). You can pay by credit or debit card using PayPal or Nochex. At the end of the check out process, once you have confirmed the details of your order, you will be taken to a secure area on the PayPal or Nochex website to pay for your goods. If you already have a PayPal or Nochex account you will be able to use your existing account to pay for the goods. If you do not have a PayPal account you will need to create one which is easy to do and only takes a few minutes. With Nochex, if you do not have an exisiting account, you simply need to enter your credit/debit card details in an online form and your payment will be processed.
13.5 Delivery
We currently only deliver to addresses in mainland UK. We dispatch orders by Recorded (Signed for 1st class) Delivery. The cost of postage is calculated during the checkout process.
The goods will normally be delivered within the periods specified in the shipping & returns section of the Site and in the email notification that we send to you accepting your order. If delivery is delayed beyond the number of days that we have specified, we will notify you that this is the case and you will have an option to cancel your order if the delay is unacceptable. We make every effort to deliver within the specified timescales, however delays are occasionally inevitable due to unforeseen factors. We shall accept no liability for any delay or failure to deliver products within the estimated timescales. Risk of loss and damage of products passes to you on the date when the products are delivered.
13.6 Return of goods policy
We believe that you will be delighted with your purchase but there may be occasions where you feel it necessary to return an item. If for any reason you are unhappy with any items, simply email us at customerservices@kprocks.co.uk within 7 working days of the day after the date of receipt of your item(s) and we will provide you with a return address. The items should be returned within 21 days of the date that we provide you with the return address. We will be happy to refund your payment or make an exchange provided that the items are returned complete, in their original packaging and in the condition in which you received them.
For all returns, except where the item is faulty or where the wrong item has been despatched, you will have to pay delivery charges and return postage of the item to us. We cannot accept responsibility for items returned by you being lost in the post. We strongly advise that before returning the item(s) that you obtain proof of postage and if returning items which are not faulty or incorrect, you should do so by recorded (signed for) post. This is to protect you in the event that your item(s) is lost by the Royal Mail, as the item(s) remains your responsibility until it reaches us. We cannot accept liability for return items that are damaged or lost in transit due to inadequate packaging or sent by an inappropriate carriage method.
We cannot accept the return of items which are personalised or made to your specification or items such as earrings that for hygiene reasons cannot be returned under any circumstances unless they are faulty or the wrong items are despatched.
Every item of jewellery in the KP rocks range is hand selected and carefully chosen for the highest standard of quality. Occasionally an item may be faulty, in such circumstances we will be happy to refund your payment or offer an exchange within one month of the date of delivery of the item.
Nothing in these conditions affects your statutory rights as a consumer.
13.7 Cancellation policy
You have the right to cancel your order for any item purchased on the Site and to receive a full refund. This does not apply to items personalised or made to your specification and items such as earrings that by reason of their nature cannot be returned.
To cancel, you can email us at customerservices@kprocks.co.uk within 7 working days of the day after the date of receipt of your item(s). Items must be returned complete, in their original packaging and in the condition in which you received them.
You must arrange for the return of the goods to us at your own cost and all goods must be returned to the above address within 21 days of the date that you send us your cancellation email.
If the goods have not been returned within this period, then you must make the goods available for collection and we reserve the right to charge you for the costs that we incur for collecting the goods from you.
You must retain possession of the goods and take reasonable care of them until you have returned the goods to us or we have collected them from you. When sending the goods to us, you are also under a duty to take reasonable care that we receive the goods and that they are not damaged in transit.
We will refund the full amount paid for the goods within 30 days of receiving your cancellation notice.
14. Limitation of liability
14.1 We do not, and nothing in these Terms shall act to exclude or limit our liability for death or personal injury resulting from our negligence, fraud or any other liability which may not be excluded or limited by law.
14.2 Subject to clause 14.1, in no event shall we be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
14.3 Subject to clauses 14.1 and 14.2, our liability to you whether in contract, tort or otherwise is limited to the amount paid by you for the goods giving rise to the loss.
15. Complaints
If you have any enquiries or complaints then please address them to:
Katie Pearman
16. Law and Jurisdiction
These Terms and the supply of goods by us are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation to these Terms or in relation to the supply of any goods by us the English courts will have jurisdiction over such dispute.
