Terms of service
Overview
This website is operated by C&K Independent Store Ltd, trading as Car and Kitchen, a company registered in England and Wales (company number 16225337), with its registered office at Market Place, Settle, North Yorkshire, BD24 9EF. Throughout the site, the terms “we”, “us” and “our” refer to Car and Kitchen. We offer this website, including all information, tools and services available from it, to you, the user, on condition that you accept all the terms, conditions, policies and notices stated here.
By visiting our site and/or buying something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the additional terms, conditions and policies referred to here and/or available by link. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.
Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of them, you may not access the website or use any services.
Any new features or tools added to the store are also subject to these Terms of Service. You can review the current version at any time on this page. We may update, change or replace any part of these Terms by posting updates to our website, and your continued use of the website after changes are posted means you accept them.
Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Online store terms
By agreeing to these Terms of Service, you confirm that you are at least the age of majority where you live, or that you are the age of majority where you live and have given consent for any minors in your care to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, break any laws in your jurisdiction (including copyright laws).
You must not transmit any worms, viruses or code of a destructive nature.
A breach of any of these Terms will result in the immediate termination of your Services.
Section 2 – General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service or any content on the website through which the Service is provided, without our express written permission.
The headings in this agreement are for convenience only and do not limit or affect these Terms.
Section 3 – Accuracy, completeness and timeliness of information
We are not responsible if information on this site is not accurate, complete or current. The material on this site is for general information only and should not be relied on as the sole basis for decisions without consulting more accurate, complete or timely sources. Any reliance on the material on this site is at your own risk.
This site may contain historical information, which is not current and is provided for reference only. We may change the contents of this site at any time, but have no obligation to update it. It is your responsibility to monitor changes to our site.
Section 4 – Changes to the Service and prices
Prices for our products may change without notice.
We may change or discontinue the Service (or any part of it) at any time without notice.
We are not liable to you or any third party for any change, price change, suspension or discontinuance of the Service.
Section 5 – Products or services
Some products or services may be available only online through the website. These may have limited quantities and can be returned or exchanged only in line with our Refund policy.
We have made every effort to show the colours and images of our products as accurately as possible. We cannot guarantee that your screen will display any colour accurately.
We may, but are not obliged to, limit sales of our products or services to any person, geographic region or jurisdiction, on a case-by-case basis. We may limit the quantities of any products or services that we offer. All product descriptions and prices may change at any time without notice, at our discretion. We may discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Section 6 – Accuracy of billing and account information
We may refuse any order you place with us. We may, at our discretion, limit or cancel quantities bought per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may try to let you know by contacting the email and/or billing address/phone number provided when the order was made. We may limit or prohibit orders that, in our judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information, including your email address and card details, so that we can complete your transactions and contact you as needed.
For more detail, please see our Refund policy.
Section 7 – Optional tools
We may give you access to third-party tools that we neither monitor nor have any control over.
You agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without endorsement. We have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should make sure you are familiar with and approve of the terms on which the relevant third-party provider(s) offer them.
We may also offer new services and/or features through the website in future (including new tools and resources). These are also subject to these Terms of Service.
Section 8 – Third-party links
Some content, products and services available through our Service may include material from third parties.
Third-party links on this site may take you to third-party websites that are not affiliated with us. We are not responsible for checking or evaluating their content or accuracy, and we do not warrant and will not have any liability for any third-party materials, websites, products or services.
We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content or any other transactions made through third-party websites. Please review the third party’s policies and practices carefully before you engage in any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.
Section 9 – User comments, feedback and other submissions
If, at our request, you send specific submissions (for example competition entries), or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise (together, “comments”), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send us. We are under no obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we decide is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that breaches anyone’s intellectual property or these Terms of Service.
You agree that your comments will not breach the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10 – Personal information
Your submission of personal information through the store is governed by our Privacy policy.
Section 11 – Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We may correct any errors, inaccuracies or omissions, and change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We have no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law. No update or refresh date applied in the Service or on any related website should be taken to mean that all information has been changed or updated.
Section 12 – Prohibited uses
In addition to the other prohibitions in these Terms of Service, you may not use the site or its content: (a) for any unlawful purpose; (b) to ask others to perform or take part in any unlawful acts; (c) to break any international, national or local regulations, rules or laws; (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code that will or may affect the functionality or operation of the Service, any related website, other websites or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or get around the security features of the Service, any related website, other websites or the internet. We may terminate your use of the Service or any related website for breaking any of these prohibited uses.
Section 13 – Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results obtained from using the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods or cancel it at any time, without notice to you.
You agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through it are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, to the extent permitted by law.
To the extent permitted by law, in no case shall Car and Kitchen, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data or replacement costs, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products bought through it.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be excluded or limited by law. Nothing in these Terms affects your statutory rights as a consumer.
Section 14 – Indemnification
You agree to indemnify, defend and hold harmless Car and Kitchen and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they refer to, or your breach of any law or the rights of a third party.
Section 15 – Severability
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent permitted by law, and the unenforceable part will be treated as removed from these Terms of Service. This will not affect the validity and enforceability of the remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred before the termination date survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by you or us. You may terminate them at any time by telling us that you no longer wish to use our Services, or when you stop using our site.
If, in our judgement, you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part of them).
Section 17 – Entire agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not waive that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Service make up the entire agreement and understanding between you and us, and govern your use of the Service, replacing any earlier agreements, communications and proposals, whether spoken or written, between you and us (including any earlier versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
Section 18 – Governing law
These Terms of Service and any separate agreements under which we provide you with Services are governed by the laws of England and Wales. This does not take away any protection you have under the mandatory consumer laws of the country where you live.
Section 19 – Changes to Terms of Service
You can review the current version of the Terms of Service at any time on this page.
We may, at our discretion, update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or the Service after any changes are posted means you accept them.
Section 20 – Contact information
Questions about the Terms of Service can be sent to us at web@carandkitchen.co.uk or by phone on 01729 823638.