T's & C's
Please read of the following important terms and conditions before making your purchase from The Kindness Co-op.
Summary of some of your key rights (this does not replace the terms and conditions, below, which you should read carefully):
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving goods bought online, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:
For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
These terms and conditions set out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In these terms and conditions:
- ‘we’, ‘us’ or ‘our’ means The Kindness Co-op Ltd, a private limited company registered in England and Wales under company number 9059333 and whose registered office address is The Kindness Co-op, 74 St George's Road, Kemptown, Brighton, BN2 1EF
- ‘you’ or ‘your’ means the person using the Website to buy goods from us; and
- ‘Website’ means www.thekindnessco-op.com.
If you don't understand any of these terms and conditions and want to talk to us about it, please contact us by:
- email firstname.lastname@example.org (emails will be responded to, Monday to Saturday: 9am to 5pm); or
- telephone 07958 720165 (calls will be answered, Monday to Friday: 9am to 5pm). We may record calls for quality and training purposes.
Who are we?
We are The Kindness Co-op Ltd.
We are registered in England and Wales under company number: 9059333.
Our registered office is at: The Kindness Co-op, 74 St George's Road, Kemptown, Brighton, BN2 1EF
Our VAT number is: 194323502
The details of this contract will not be filed with any relevant authority by us.
- If you buy goods on the Website you agree to be legally bound by these terms and conditions (which for the avoidance of doubt is also referred to as the ‘contract’ between you and us).
- You may only buy goods from the Website for non-business reasons.
- These terms and conditions are only available in English. No other languages will apply.
- When buying any goods you also agree to be legally bound by:
- our The Kindness Co-op loyalty programme terms and conditions if you are a member of said loyalty programme (copies of these terms are available via the link ‘Loyalty Points’ on our Website);
- extra terms which may add to, or replace some of, this contract. This may happen for legal or regulatory reasons or for example if the goods are bespoke or perishable. We will contact you to let you know if we intend to do this by giving you 7 days’ notice. You can end this contract at any time by giving 7 days’ notice if we tell you extra terms apply; and
- specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods you require at any time during the online checkout process.
All these documents form part of these terms and conditions as though set out in full here.
- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information when you buy goods from us online before a legally binding contract between you and us is made. If you want to see this key information, please:
- read the acknowledgement email (see clause 3.2.1); or
- contact us using the contact details at the top of this page.
- The key information we give you by law forms part of this contract (as though it is set out in full here).
- If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
- Below, we set out how a legally binding contract between you and us is made for purchases from the Website.
- You place an order on the Website by adding your selected item(s) in the required quantity(ies) to the online shopping cart using the ‘Add to Cart’ button. When you are ready to complete your order you will select the ‘Checkout’ button and will be directed through the online checkout process where you will be asked to confirm that you have read and accepted these terms and conditions. Please read and check your order carefully before submitting it. If you need to correct any errors you can do so before submitting it to us.
- When you place your order at the end of the online checkout process (when you click on the ‘place order’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
- We may contact you to say that we do not accept your order. This is typically for the following reasons:
- the goods are unavailable;
- we cannot authorise your payment;
- you are not allowed to buy the goods from us;
- we are not allowed to sell the goods to you;
- you have ordered too many goods; or
- there has been a mistake on the pricing or description of the goods.
- We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
- a legally binding contract will be in place between you and us; and
- we will dispatch the goods to you.
- You may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods.
- For goods bought online via the Website you have the right to cancel this contract within 14 days without giving any reason, except where any of the circumstances excluding cancellation in the Consumer Contract Regulations 2013 applies, for example where goods have been personalised or made to your specifications.
- The cancellation period will expire after 14 days from the day on which you receive the goods from us which for the avoidance of any doubt will be deemed to be:
- in the case of first class delivery, the second business day after the date we post the item to you; or
- in the case of Royal Mail special delivery, the first business day after the date we post the item to you.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (either a letter sent by post (to our registered office address) or email to email@example.com).
- To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If posting you should retain proof of postage.
- If you cancel this contract, we will reimburse to you all payments received from you, including the initial costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
- We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we received back from you any goods supplied; or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial purchase, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received goods:
- you will send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us;
- you will have to bear the direct cost of returning the goods; and
- you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. PLEASE NOTE THAT GOODS MUST BE RETURNED WITH TAGS ATTACHED. If tags have been removed a deduction of up to 50% of the value of the item will be made from any monies due to be reimbursed to you to reflect the diminished value.
- Where you purchase goods from us which are designated in their description as being delivered directly to you from a third party supplier and you wish to return these goods you must contact us directly to obtain the correct return address as we will not accept physical return of these items to The Kindness Co-op Limited.
- Your delivery options can be viewed during the online checkout process before you place your order or on the Free Delivery link at the bottom of the Website home page.
- The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 3.2.3).
- If something happens which:
- is outside of our control; and
- affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
- Delivery of the goods will take place when we deliver them to the address that you gave to us.
- Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
- let you know;
- cancel your order; and
- give you a refund.
- If nobody is available to take delivery, please contact us using the contact details at the top of this page.
- You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
- We may deliver your goods in instalments.
- We accept the following credit cards and debit cards: Visa, Visa Debit, Mastercard, American Express. We do not accept cash for online purchases.
- We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods online is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
- All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
- Verified by Visa: https://www.visaeurope.com/making-payments/verified-by-visa/;
- Mastercard®SecureCodeTM: http://www.mastercard.co.uk/securecode.html; or
- American Express SafeKey: https://network.americanexpress.com/uk/en/safekey/.
- If your payment is not received by us and you have already received the goods, you:
- must pay for such goods within 7 days; or
- must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
- If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
- Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clauses 4 and 5.
- The price of the goods:
- is in pounds sterling (£)(GBP);
- includes VAT at the applicable rate; and
- does not include the cost of delivering the goods (if you want delivery options and costs, visit our webpage ‘Free Delivery’ before you place your order or see the specific item details).
- If you are a member of our loyalty programme, we may award you points for every full £1 you spend on the Website (please refer to the ‘Loyalty Points’ page on the Website for full terms and conditions. To see whether the goods you are buying under this contract qualify under the programme, please visit the Website and login to your account before you place your order as we cannot award points later.
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods must be of satisfactory quality, be fit for purpose and match the description, sample or model.
- We must provide you with goods that comply with your legal rights.
- The packaging of the goods may be different from that shown on the Website.
- While we try to make sure that:
- all weights, sizes and measurements set out on the Website are as accurate as possible, however the sizes and fit of garments vary between our brands and so all measurements given are approximate; and
- the colours of our goods are displayed accurately on the Website, the actual colours that you see on your computer may vary depending on the monitor that you use.
- Any goods sold:
- at discount prices;
- as remnants; or
- as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use prior to purchase as they will not be deemed faulty goods.
- In the unlikely event that something you receive from us is faulty, please contact us using the contact details at the top of this page, if you want:
- us to repair the goods;
- us to replace the goods;
- a price reduction; or
- to reject the goods and get a refund.
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
- losses that:
- were not foreseeable to you and us when the contract was formed; or
- that were not caused by any breach on our part;
- business losses; and
- losses to non-consumers.
- We will try to resolve any disputes with you quickly and efficiently.
- If you are unhappy with:
- the goods;
- our service to you; or
- any other matter;
please contact us as soon as possible.
- If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
- let you know that we cannot settle the dispute with you; and
- give you certain information required by law about our alternative dispute resolution (ADR) provider, The Retail Ombudsman, 33 Floor Euston Towers, 286 Euston Road, London NW1 3DP, website: http://www.theretailombudsman.org.uk, email: firstname.lastname@example.org, telephone: 02031378268. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
If any part of these terms and conditions is deemed to be unenforceable the enforceability of any other part will not be affected and all other terms will remain in full force and effect. So far as possible where any term or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly
Any failure or delay by us to exercise any right or remedy available to us will not constitute a waiver of that right or remedy, nor will any single or partial exercise of any such right or remedy preclude or restrict its further exercise.
No one other than a party to this contract has any right to enforce any term of this contract.
These terms and conditions will be construed in accordance with the laws of England and Wales and in the event of any dispute or claim associated with these terms and conditions that dispute or claim will be subject to the exclusive jurisdiction of the courts of England and Wales.