REGISTRATION

Kirk Originals (“Kirk Originals” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on kirkoriginals.com. We recommend you should keep a copy of the TOS for future reference. Kirk Originals is a trading name of Kirk Originals Ltd. a company registered in England and Wales under registration number GB 02710598. Our registered address is First Floor, 17 Black Friars Lane, London, EC4V 6ER, United Kingdom. Our VAT number is 590007168.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about Kirk Originals Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18. We may modify the TOS from time to time. The TOS shall be in English only. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customercare@kirkoriginals.com. We may also change registration requirements from time to time. The account password you provide should be unique and kept secure, and you must notify Kirk Originals immediately of any breach of security or unauthorised use of your account. Please refer to our Privacy Policy for information about how we use your data.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. The Site is available only to individuals and others who meet the Kirk Originals terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Kirk Originals whose applications are acceptable to Kirk Originals and who have authorised Kirk Originals to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. In addition, Kirk Originals reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where Kirk Originals feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers. Kirk Originals offers products for sale that are in stock and available for dispatch from our distribution centre. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

PRICING POLICY (UK)

Prices shown on the Site are in Sterling (GBP) and are inclusive of VAT. All prices and offers remain valid as advertised from time to time and Kirk Originals reserves the right to change prices on this site without prior notice. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. If you are a customer whose credit/debit card is not denominated in Sterling (GBP), you will need to return to the homepage and re-select the alternative currency options of USD or EUROS, you will then need to re-complete your order.

PRICING POLICY (US)

Prices shown on the Site are in US Dollars (USD) and are exclusive of all tax and applicable Import Duties, for which you will be liable locally. All prices and offers remain valid as advertised from time to time and Kirk Originals reserves the right to change prices on this site without prior notice. The USD price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. If you are a customer whose credit/debit card is not denominated in US Dollars (USD), you will need to return to the homepage and re-select the alternative currency options of Sterling (GBP) or EUROS, you will then need to re-complete your order.

PRICING POLICY (EU)

Prices shown on the Site are in Euros and are inclusive of VAT. All prices and offers remain valid as advertised from time to time and Kirk Originals reserves the right to change prices on this site without prior notice. The Euros price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. If you are a customer whose credit/debit card is not denominated in Euros, you will need to return to the homepage and re-select the alternative currency options of Sterling (GBP) or US Dollars (USD), you will then need to re-complete your order.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Kirk Originals will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

PAYMENT

Payment can be made by Visa, MasterCard, Visa Debit, Visa Delta, American Express and Electron cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Kirk Originals. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Kirk Originals we will not be liable for any delay or non-delivery. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Sage Pay (a member of the WorldPay Group) a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Kirk Originals user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, Kirk Originals uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INSURANCE AND DELIVERY

Kirk Originals is responsible for insuring each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Kirk Originals, and transfer of responsibility in the same way.

Delivery will be completed when we deliver the goods to the address that you provide us. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. During periods of high volume of orders (e.g. SALE or Christmas) delivery times may be longer. Kirk Originals is not responsible for any delays caused by destination customs clearance processes. The goods will be your responsibility from completion of the delivery. You own the goods once we have received payment in full (including all applicable delivery charges). On receipt of your goods, please check that the number of boxes received matches the documentation and that the package is not damaged, wet or tampered with in any way. If you do notice anything unusual about your order please notify Kirk Originals immediately by email to customercare@kirkoriginals.com stating the nature of the problem.

If you order goods from our site for delivery to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information prior to placing an order.

You must comply with all applicable laws and regulations of the International Delivery Destination. We will not be liable if you breach any such law.

 

CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS

If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 14 working days from the day after you received you order. Notice of contract cancellation under the DSRs must be given in writing by email to: customercare@kirkoriginals.com, ensuring Notice of Contract Cancellation is clearly stated in the subject line. Or in writing by post to, Notice of Contract Cancellation, Kirk Originals Ltd, First Floor, 17 Black Friars Lane, London, EC4V 6EF.. For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost within 14 days from the date of your cancellation. Cancelled orders should be returned to: Kirk Originals Limited, 17 Black Friars Lane, London, EC4V 6ER. All items must be returned unused and in their original condition. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage or loss to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 14 days of us receiving your cancellation notice and/or receipt of your returned goods. Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 working days from the day after you receive you order, by email or post. As a consumer you will always have legal rights in relation to the goods if they are are faulty and not as described. These legal rights are not affected by the returns policy (set out above) nor the TOS. Advice about your legal rights is available from your Citizen’s Advice Bureau or Trading Standards Office.

RETURNS

Should you wish to return your purchase, please contact customercare@kirkoriginals.com within 14 days of receiving your order, clearly stating the reasons for your return.

The returned item(s) must be in an unworn, undamaged and saleable condition including all cases, boxes, pouches and packaging that was included in your delivery.  Please return your item(s) to: 17 Black Friars Lane, St. Paul’s, London, EC4V 6ER.  We strongly recommend that you obtain proof of postage as Kirk Originals does not accept any responsibility for parcels lost in transit.

Once we have received and checked your item(s), we will issue your refund via your original payment method within 10 days.

FAULTY GOODS

In the unlikely event that you find your product to be faulty, please contact us immediately by email to returns@kirkoriginals.comand our Customer Care team will respond and direct you as to how to proceed.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund i.e the purchase price and original delivery charges.

Goods are faulty if they are received damaged or where there is a manufacturing fault upon receipt of delivery. Items that are damaged as a result of normal wear and tear are not considered to be faulty and not covered by this guarantee.

COLOUR ACCURACY

Kirk Originals have made every effort to display as accurately as possible the colours of our products that appear on this website. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including Kirk Originals Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Kirk Originals and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

CONTENT

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Kirk Originals tries to ensure that the information on this site is accurate and complete. Kirk Originals does not promise that Kirk Originals Content is accurate or error-free. Kirk Originals does not promise that the functional aspects of the Site or Kirk Originals Content will be error free or that this Site, Kirk Originals Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

 

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than Kirk Originals, including advertisers. Kirk Originals has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

 

LIMITS ON OUR LIABILITY

We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any 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
(e) defective products under the Consumer Protection Act 1987.

Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above). If Kirk Originals breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Kirk Originals at the time of you placing your order, and Kirk Originals dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We only supply the Products for domestic, personal and private use. You agree not to use the Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, and/or any use of websites linked to the Website but operated by Third Parties.

EVENTS OUTSIDE OUR CONTROL

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us Kirk Originals harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Kirk Originals as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Kirk Originals, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

CUSTOMER CARE

Please contact our Customer Care team at customercare@kirkoriginals.com if you have any queries about the TOS or your purchase of goods.

GOVERNING LAW

The TOS together with all our policies and procedures will be governed by English law. This means a contract for the purchase of goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England & Wales will have non-exclusive jurisdiction.