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Terms & Conditions

CONTENTS

 

Part 1 – Scope & Introduction

Part 2 – Website Usage & General Terms

Part 3 – Selling to KershKicks

Part 4 – Buying from KershKicks

Part 5 – Consignment




Please read these terms and conditions carefully before using our website or making any transactions with us




PART 1 – SCOPE AND INTRODUCTION

  1. Definitions

These terms use capitalised words to refer to the following definitions:

Buying” means the purchase of any Product by a Customer from KershKicks.

Business Day” means any day that is not a Saturday or a Sunday or any public holiday.

Consignment” means the supply of a Product by the Customer to KershKicks to receive, hold and sell to its Retail Customers on the Customer’s behalf.

Customer” means you, a person that buys, sells or consigns Products with KershKicks either in-store or online through our Website.

Product(s)” means any items or goods which are bought, sold or consigned between a Customer and KershKicks.

Retail Customer(s)” means the consumer customers of KershKicks.

Selling” means any Products sold by a Customer to KershKicks.

Website” means our website located at www.kershkicks.myshopify.com.

  1. What do these terms cover?

These terms detail the rules for using our Website and those rules which will govern your transactions both in our store and online via our Website.

  1. There may be several different terms that apply to you

These terms include or reference the following additional terms, which also apply to your use of our Website and your transactions with us:

    1. Our general terms in Part 2 apply in all circumstances.

    2. Our terms for Selling to KershKicks in Part 3 will apply if you sell Products to us via our Website or in-store.

    3. Our terms for Buying from KershKicks in Part 4 will apply if you purchase Products from our Website or in-store.

    4. Our terms for Consignment in Part 5 will apply if you provide Products to us to sell on your behalf.

    5. Our Privacy Policy applies to all information which you provide to us. A copy is available here.

    6. Our Cookie Policy applies to your use of our Website and sets out information about the cookies which are used on our Website. Cookies are small text files which store information about your shopping session and identify your device. A copy is available here.

    7. Our Authentication Policy and Procedures apply to any Products we receive from you. Please see clause 30 for more details.

  1. You accept these terms

By using our Website, or by making any transactions with us online or in-store, you confirm that you accept these terms (and any other terms or policies which may be applicable and incorporated by reference in this document) and that you agree to comply with and be bound by them. As a result, you will be contracting with us and these terms will constitute binding obligations. If you do not agree to these terms, you must not use our Website or transact with us. We recommend that you print a copy of these terms for future reference.

  1. Who we are and how to contact us?

We are SB Legends Ltd (trading as KershKicks) (“KershKicks”) and we operate our Website on the Shopify® platform. We are registered in England and Wales under company number 11294259 and have our registered office at 36/40 Edge Street, Manchester, England, M4 1HN. Our VAT number is [309397674]. References to “we”, “us” and “our” shall be synonymous with “KershKicks” where the context allows.

Our store is located at 36/40 Edge Street, Manchester, England, M4 1HN.

You may contact us by emailing sales@Kershkicks.co.uk.

  1. How we may contact you.

If we have to contact you, we will do so by phone or by writing to you at the email address or postal address you provided to us in your order.

  1. We may make changes to these terms

We may amend any of these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.

We may also update, or require you to update, digital content on our Website, provided that the digital content shall always match the description of a Product that we provided to you before you bought it.

  1. Writing" includes emails.

When we use the words "writing" or "written" in these terms, this includes emails.


PART 2 – WEBSITE USAGE AND GENERAL TERMS

  1. Which country's laws apply to any disputes between us?

Please note that these terms, their subject matter and their formation, are governed by English law. You agree that the courts of England and Wales will have exclusive jurisdiction.

  1. We may make changes to our Website

We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes during use.

  1. We may suspend or withdraw our Website

Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if necessary. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  1. Our Website is designed for users in the UK

Our Website is designed for people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use (or available) in other locations and such access is at your own risk.

  1. Registration/Membership

When you register to become a member of our Website, you warrant to KershKicks that:

    1. the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects;

    2. you will update your account to reflect any changes to your personal information;

    3. you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use; and

    4. you may only have one online account.

We reserve the right to cancel any accounts which are created in breach of this clause, and have no obligation to notify you before doing so.

  1. You must keep your account details safe

You must keep your username and password (or any other piece of information as part of our security procedures) confidential and must not disclose it to any third party. We have the right to disable any user account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone else knows your username or password, you must promptly notify us by email.

  1. How you may use material on our Website

We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. Do not rely on information on this site

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

  1. We are not responsible for websites we link to

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

  1. Our responsibility for loss or damage suffered by you, a Consumer

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any Products to you, which will be set out in our terms for Buying from KershKicks in Part 4.

  • Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

  1. We are not responsible for viruses and you must not introduce them

We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

  1. Rules about linking to our 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. 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 to our Website in any Website that is not owned by you. our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our Website other than that set out above, please contact us.

  1. Our trademark is registered

The "KershKicks" logo is a UK registered trade mark of SB Legends Ltd. You are not permitted to use it or any other intellectual property which we own without our approval.

  1. Transfer of our agreement to someone else.

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

  1. Nobody else has any rights under this contract.

This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.

  1. If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.


PART 3 – SELLING TO KERSHKICKS

  1. General

KershKicks will only purchase Products that are presented to us in-store so that we have the opportunity to inspect it to check that it meets any description provided by you and for quality and authenticity. This process may take up to 7 days as occasionally we need to send the product to a third-party expert.

  1. Title and Risk

Title to the Product remains with you until such time as we have paid you the agreed price for the Product. Risk in the Product shall pass to us upon physical delivery of the Product to us. KershKicks will assume the risk of loss/damage if we choose to send the Product to a third-party expert for authenticity checking purposes.

  1. Multiple Items

If you wish to sell multiple items to us in one transaction, you must ensure that all Products are provided to us in-store so that we have the opportunity to inspect each of them. KershKicks will not purchase multiple Products based on the inspection of a sample only.

  1. Payments

We issue payment for any Products sold to us by using the details that you have provided to us. We shall not be liable for payment made to an incorrect account if this error was as a result of incorrect details which you provided to us. Payments will only be made once KershKicks has satisfied itself that the Product is as described, of satisfactory quality and authentic. This process may take up to 7 days.

  1. Authentication Policy

We will assess the Products in accordance with our processes and procedures for checking authenticity. If your order for sale has been accepted online, the value which we offer to buy your Product for may be reduced upon receipt depending on the quantity, condition or authenticity of the Products. You should, if possible, provide any proof of purchase documentation you have for the Product and any original packaging. Occasionally, we use a third-party expert to advise us on authenticity. In the event that our third-party expert advises us that the Product is not authentic, we reserve the right to pass the cost of the third-party expert to you. We reserve the right to reject any Products which we think are in breach of our authentication policy.


PART 4 – BUYING FROM KERSHKICKS

OUR SALE CONTRACT WITH YOU

  1. How we will accept your order.

Our acceptance of your order will take place when we tell you that we are able to provide you with the Product, which we will also confirm in writing to you, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.

  1. Your order number.

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

OUR PRODUCTS

  1. Products may vary slightly from their pictures.

The images of the products in our brochure or on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

  1. Product packaging may vary.

The packaging of the Product may vary from that shown in images on our Website or in our catalogue.

  1. Making sure your measurements are accurate.

If we are selling you a Product based on measurements you have given us, you are responsible for ensuring that these measurements are correct. Please note that sizes sometimes vary between manufacturers and you should research this as far as possible before ordering (e.g. by trying on sizes of different manufacturers). Kershkicks cannot be held responsible for size differences between manufacturers but will, where possible, exchange for a different size.

  1. Your rights to make changes to the order

If you wish to make a change to the Product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

PROVIDING THE PRODUCTS

  1. Delivery costs.

The costs of delivery will be as told to you during the order process or otherwise as set out on our Website.

  1. When we will provide the products.

During the order process we will let you know when we will provide the Products to you. Otherwise, we will deliver it to you as soon as possible and in any event within 30 days after the day on which we accept your order. This will not apply in the event of an order being placed placed in advance of a new Product release, in which case KershKicks will endeavour to deliver the Product as soon as reasonably possible after release.

  1. We are not responsible for delays outside our control.

If our delivery of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.

  1. Collection by you.

If you have asked to collect the products from our store, you can collect the Products from us at any time during the hours of 11am to 4pm on every day of the week except Mondays.

  1. If you do not re-arrange delivery.

If no one is available at your address to take delivery and the Products cannot be delivered, a note should be left informing you of how to rearrange delivery or collect the Products from a local depot. If you do not collect the Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 500 will apply.

  1. When you become responsible for the Product.

The Product will be your responsibility from the time we deliver the Product to the address you gave us, or once you collect it from us.

  1. When you own the Products.

You own the Products once we have received payment in full.

  1. What will happen if you do not give required information to us.

We may need certain information from you so that we can supply the Products to you. If so, this will have been stated in the description of the Products. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 49) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

YOUR RIGHTS TO END THE SALE CONTRACT

  1. You can end the contract for supply of a Product before it has been dispatched and paid for.

You may contact us to end your contract for a Product at any time before we have dispatched it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a Product is faulty or mis-described (see "What there is a problem with the Product" below).

  1. What happens if you have good reason for ending the contract.

If you are ending the contract for a reason set out below, the contract will end immediately and we will refund you in full for any Products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

  1. we have told you about an upcoming change to the Product or these terms which you do not agree to;

  2. we have told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed; or

  3. there is a risk that supply of the Products may be significantly delayed because of events outside our control.

  1. What happens if you end the contract without a good reason.

If you are not ending the contract for one of the reasons set out above, then the contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1. Returning products after ending the contract.

If you end the contract after Products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. You must pay the costs of return.

OUR RIGHTS TO END THE CONTRACT

  1. We may end the contract if you break it.

We may end the contract for a Product at any time by writing to you if:

  1. you do not make any payment to us;

  2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product; or

  3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

  1. You must compensate us if you break the contract.

If we end the contract in the situations set out in clause 49 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

WHAT IF THERE IS A PROBLEM WITH THE PRODUCT?

  1. How to tell us about problems with the Product.

If you have any questions or complaints about the Product, please contact us. You can email us at sales@kershkicks.co.uk. Alternatively, please speak to one of our staff in-store.

PRICE AND PAYMENT

  1. Where to find the price for the Product.

The price of the Product (which includes VAT) will be the price set out on our Website, in-store or in our price list in force at the date of your order, unless we have agreed another price in writing. We take all reasonable care to ensure that the price of Product advised to you is correct. However please see clause 56 for what happens if we discover an error in the price of the Product you order.

  1. We will pass on changes in the rate of VAT.

If the rate of VAT changes between your order date and the date we supply the Product, we will adjust the rate of VAT that you pay, unless you have already paid for the Product (including delivery costs) in full before the change in the rate of VAT takes effect.

  1. What happens if we got the price wrong?

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated [in our price list], we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the Product at our expense.

  1. When you must pay and how you must pay.

You must pay for the Products (including delivery) before we dispatch them.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

  1. We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

  1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods; and for defective products under the Consumer Protection Act 1987.

  1. We are not liable for business losses.

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


PART 5 – CONSIGNMENT

DEFINITIONS

  1. In this part, the following additional definitions shall apply:

 

Consignment Fee: means the commission due to KershKicks in return for the services provided under these terms, being such amount (as a percentage of the Listing Price) as is agreed between you and KershKicks.

Consignment Form: means KershKicks’ consignment form to be completed by you.

Goods: means those goods which you own of the quantity and of the description as set out in the Consignment Form.

Retail Customer(s): means consumer customers of KershKicks.

Listing Price: the price of the Goods listed for sale by KershKicks as detailed in clause 78.

SCOPE AND APPLICATION

  1. These consignment terms apply (together with any other applicable terms referenced above) where you wish for KershKicks to receive, hold and sell your goods on your behalf to our Retail Customers. They shall only apply if we receive the Goods from you together with a completed Consignment Form.

  2. These terms shall be effective from the date listed on the Consignment Form, and until such point, the Goods shall be at your risk until you deliver them to us in good and saleable condition.

AUTHENTICATION

  1. We will assess the Goods in accordance with our authentication policy (see clause 30 above for more detail) and we will inspect the Goods as soon as reasonably practicable after their delivery to our store.

  2. We are under no obligation to accept the Goods, nor are we obliged to carry out any services under these terms, if it is deemed that the Goods do not meet the standards required by our authentication process.

  3. Following inspection of the Goods, if we deem that the Goods meet the required standards, the Goods will be added to our inventory in-store. If we deem that the Goods do not meet such standards, you must collect any Goods provided to us immediately.

  4. KershKicks reserves the right to return any Goods to you if it later becomes apparent that the Goods do not meet the required standards.

STORAGE OF THE GOODS

  1. Following a successful inspection of the Goods, we will keep the Goods at our store (at our own cost and expense) and will mark them as readily identifiable property of yours.



WHAT WE AGREE TO DO FOR YOU

  1. Provided that the Goods comply with the required standards of quality and our authentication policy, we agree to hold the Goods at your request and to sell them to Retail Customers in accordance with these terms.

  2. We will at our own cost and expense, store and display the Goods in our store and/or on our Website.

TITLE AND RISK OF THE GOODS

  1. It is agreed that the Goods shall remain your property unless and until we sell them to a Retail Customer and we receive payment in full for the Goods, at which time they shall become the property of the Retail Customer. None of the Goods shall at any time become the property of KershKicks.

  2. KershKicks will be responsible for damage or deterioration of the Goods (up to a maximum value of the Listing Price of the Goods) from the time when you deliver the Goods to our store and until either the ownership of them passes to a Retail Customer or they are returned to you.

RETURN OF THE GOODS AND TERMINATION OF CONSIGNMENT

  1. You shall have the right to request the return of the Goods at any time by providing us with written notice to sales@kershkicks.co.uk. Upon receipt of your written demand, we shall use our reasonable endeavours to make all of the Goods in our possession (which remain unsold) available for collection by you within 2 Business Days of receipt of such notice. We require notice of at least 5 Business Days if you wish to collect more than 5 items at any one time.

  2. Should you request a return of the Goods within 30 days of the date of the Consignment Form, we reserve the right to charge an administrative fee of £25 per item to cover our costs incurred when inspecting and storing the Goods.

  3. We shall have the right to request collection of the Goods by you at any time using the contact details provided in the Consignment Form. If such a request is made, you must collect the Goods within 60 days of the request. If you fail to collect the Goods within this period, we may sell the Goods at a reduced Listing Price and, upon a sale to a Retail Customer, we will transfer the net proceeds to you in accordance with these terms.

  4. Should any notice be delivered to either party under this section, then the consignment shall be deemed terminated.

THE LISTING PRICE

  1. We will use our reasonable endeavours to sell the Goods for your benefit on cash terms at the Listing Price.

  2. The Listing Price shall be determined with reference to the price suggested in the Consignment Form, but the Listing Price shall at all times be at our sole discretion.

THE CONSIGNMENT FEE AND SALE OF THE GOODS

  1. The Consignment Fee will constitute full payment by you to us for the obligations and services under these consignment terms.

  2. The Consignment Fee shall become payable upon receipt by KershKicks of the sale proceeds from the Retail Customer following the sale of the Goods.

  3. Upon sale of the Goods to a Retail Customer, we will send the sale proceeds of the Goods, less the Consignment Fee and any expenses (including but not limited to any PayPal or bank transfer fees) to you within 5 Business Days of sale.

  4. We will make any payment due to you by using the payment details provided by you in panel 2 of the Consignment Form.

OTHER TERMS

  1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR. For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), you should refer to our Privacy Policy.

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