Terms of service
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to UKD Apparel & Accessories Ltd. (UKD, UKD Apparel and Accessories Ltd, refer to as “we” or “us”) website address: https://ukdapparelandaccessories.com also referred to as, the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow, and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, then please do not use the Site.
TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our notice for further information. In order to contract with UKD Apparel & Accessories Ltd.
You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. UKD Apparel & Accessories retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
OUR CONTRACT
When you place an order, you will receive an e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The prices quoted on this Website are final prices, which may vary. You acknowledge that the prices quoted on the Website at the time of ordering will be honoured. Where applicable, prices are inclusive of VAT at the rate appropriate to the country of receipt within the UK. VAT is not included in our prices for customers outside of the UK. Orders to countries outside of UK, may be subject to local VAT, import duties and/or taxes, which are levied once your package reaches your country. UKD Apparel & Accessories Ltd ships your package according to Incoterm Delivered Duty Unpaid (DDU), which means we do not collect VAT, duties and/or taxes on orders to countries outside the UK, we cannot predict what your particular charges may be. If you do incur any such additional charges they must be rendered in order for your package to clear customs. Please contact your local customs office for more information. If your country is part of the UK, prices include VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
UKD Apparel & Accessories Ltd is not responsible for any changes in currency value or conversion rates that your bank or credit card company may use when charging in your country’s currency.
Stock levels are subject to availability, and we do our best to ensure all orders are packed accordingly to the desired quantities and styles. Should any order not be fulfilled by our warehouse upon packing due to items becoming out of stock, we will inform you of this as soon as possible. We will refund you for the out-of-stock item(s) upon packing and send the rest of your goods. We do not hold any orders and cannot cancel orders at this point of the process. Orders will be packed and shipped as usual in our normal processes and procedures.
PAYMENT
We accept card payments by Visa, MasterCard and several local payment options. Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
DISCOUNT CODES (COUPON CODES)
Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. Only one promotional discount code can be applied to an order. The conditions of use relating to any discount code will be specified at the time of issue.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by UKD Apparel & Accessories Ltd. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials
displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by UKD Apparel & Accessories Ltd.
PRIVACY
Our privacy policy describes the collection and use of information on the Site.
SITE TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, UKD Apparel & Accessories Ltd shall issue you a refund.
COLOURS
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Due to the nature of Sublimation printing in general, an exact colour match cannot be guaranteed.
USER GENERATED CONTENT
1. Generally
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to UKD Apparel & Accessories Ltd a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) UKD Apparel & Accessories Ltd and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such
User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant UKD Apparel & Accessories Ltd the right to pursue at law any person or entity that violates your or UKD Apparel & Accessories Ltd’s rights in the User Generated Content by a breach of these Conditions. User Generated Content submitted by users is deemed non-confidential and UKD Apparel & Accessories Ltd is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, UKD Apparel & Accessories Ltd reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. UKD Apparel & Accessories Ltd is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by UKD Apparel & Accessories Ltd or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release UKD Apparel & Accessories Ltd from any claims that you could otherwise assert against UKD Apparel & Accessories Ltd by virtue of any moral rights.
Comments and Submissions
Anything that you submit or post to the Site and/or provide UKD Apparel & Accessories Ltd, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as nonconfidential and non-proprietary, and UKD Apparel & Accessories Ltd shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of UKD Apparel & Accessories Ltd and shall not be returned to you. UKD Apparel & Accessories Ltd is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that UKD Apparel & Accessories Ltd may use and/or disclose information consistent with our Privacy Policy.
COPYRIGHT COMPLAINT POLICY-INFRINGEMENT NOTIFICATION
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying UKD Apparel & Accessories Ltd that your copyrighted material has been infringed. Please provide the following information in the following order (including Section Numbers):
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner or an authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed to:
info@ukdapparelandaccessories.com
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorney’s fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act and other applicable law, UKD Apparel & Accessories Ltd has adopted a policy of terminating, in appropriate circumstances and at UKD Apparel & Accessories Ltd’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. UKD Apparel & Accessories Ltd may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless UKD Apparel & Accessories Ltd, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of England, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the country of England.
For UK countries, an eventual conflict between seller and buyer could be resolved with the UK website Online Dispute Resolution (ODR).
LINKS TO OTHER WEBSITES
This Site may contain links to outside services and resources. You acknowledge that (A) UKD Apparel & Accessories Ltd is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) UKD Apparel & Accessories Ltd is not responsible for any other form of transmission received from any linked site. UKD Apparel & Accessories Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UKD Apparel & Accessories Ltd of the site. Any concerns regarding any such link should be directed to the particular third-party website.
TERMINATION
These Conditions are effective unless and until terminated by either you or UKD Apparel & Accessories Ltd. You may terminate these Conditions at any time. UKD Apparel & Accessories Ltd also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in UKD Apparel & Accessories Ltd’s sole discretion, you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.
DISCLAIMER
This site and the materials and products on this site are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, UKD Apparel & Accessories Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. UKD Apparel & Accessories Ltd does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. UKD Apparel & Accessories Ltd do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. UKD Apparel & Accessories Ltd reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall UKD Apparel & Accessories Ltd or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the site; (b) the performance of the services, products and materials available from the site; or (c) the conduct of other users of the site, even if UKD Apparel & Accessories Ltd has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against UKD Apparel & Accessories Ltd for dissatisfaction with the site or any content is to stop using the site.
MISCELLANEOUS
Unless otherwise specified and except to the extent UKD Apparel & Accessories Ltd products are offered for sale in the select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting UKD Apparel & Accessories Ltd products and services available in the select foreign markets. This Site is controlled and operated by UKD Apparel & Accessories Ltd from its offices in London. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of UKD Apparel & Accessories Ltd to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of laws and regulations. If you access the Site from a location outside the UK, you are responsible for compliance with all local laws.
DELIVERY
Additional charges. Any customs, duties or additional charges which apply to your order (if your order is delivered outside of the UK, for instance) will be your responsibility and are not included in the delivery costs. For deliveries outside of the UK, please notify us if your order has not arrived within 12 days from the date of dispatch.
We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order and we’ll refund you for any products you’ve paid for but not received.
If you are not available when the product is delivered. If no one is able to take delivery and the products cannot be posted through your letterbox, the courier will notify you of the delivery attempt and tell you how to rearrange delivery or collection of the products.