TERMS & CONDITIONS

Preamble

KK Automotive Art London is a trading name of KK DESIGNS (LONDON) LIMITED, hereinafter referred to as KK Designs, is a Company registered in the United Kingdom, certificate number 09990187, VAT number 235 6557 90 with a registered office located at 3 The Fountain Centre, Imperial Wharf, Fulham, London, SW6 2TW, England.
KK London provides mobile phone case and associated product printing and design services for branding mobile phone case covers for B2B clients be it from its online platforms or direct shops. All KK London designs are high quality with mobile phone manufacturing taking place in either the United Kingdom or Republic of Ireland.

Terms & Conditions

  1. These terms and conditions shall be binding on both parties with any variation or deviation only being valid if agreed in writing by KK London.
  2. The products offered on this Website and/or through our shops (including any partner shops) represent a non-binding invitation for clients to place an order with KK London.
  3. When a Client/Customer completes our online or General Order Questionnaire they are entering into a legally binding agreement with KK London where-by KK London offers to supply the designated mobile phone cover or related product(s) at a specific price and the Client/Customer agrees to accept such product(s) per the terms and conditions herein elucidated.
  4. Upon receipt of a duly completed Order Questionnaire, a Client/Customer shall receive an email confirmation binding to both parties and constituting the creation of the contract.
  5. KK London specifically reserves the right to reject any order for any reason.
  6. Where branded mobile phone case covers are ordered, the KK London or Dublin Stamp can only be used where the design has been fully prepared and designed by KK London designers and that the use of the KK Stamp is agreed by KK London and/or the Customer.
  7. Notwithstanding the above, all KK London designs will use by default the London Stamp save for specific products relating to Ireland and/or Dublin.
  8. Where a Customer forwards images and or text to our Design Team text it is agreed by both parties that the following shall apply:
  9. It is exclusive responsibility of the Client/Customer to ensure that the uploaded/forwarded images are of the correct quality and resolution per the stated online specification requirements;
  10. It is exclusive responsibility of the Client/Customer to ensure that the uploaded images are accurately sized and suitable for use by the Design Team;
  11. Any uploaded/forwarded images must not contain adult, racist, controversial and/or text that could give offence;
  12. The product printed shall be as near as reasonably possible to that produced by the visualization software
  13. Copyright infringement by Clients/Customers using the fully bespoke and personalized online service to upload images and/or text it is agreed by both parties that the following shall apply:
  14. That the uploading Client/Customer shall do all in their power to ensure that any uploaded material does not infringe any 3rdparty intellectual property rights;
  15. That the uploading Client/Customer shall fully indemnify KK London from any consequences
  16. The costs for possible infringements per above of copyright, personal rights, naming rights or other such intellectual property are to be borne completely by the Customer. The Customer also undertakes that it does not infringe any known third-party rights. In particular, the Client/Customer fully indemnifies KK London from any direct and/or indirect consequences including but not limited to damages and/or legal fees resultant from any claimed breach of intellectual property rights. In addition, the Client/Customer shall promptly reimburse KK London for all legal and defense costs and any other damages resulting from any such action.
  17. Where a Customer is a Promotional Client/Customer with bulk orders over a set amount – set order amounts for mobile phone covers may vary – the Mobile Phone Cover Design Team will either design a new cover for their specific purposes and/or alternatively assist and/or recommend on how best to use their existing designs/images for the mobile phone case environment. This service shall either be free or subject to a time based charge depending on the nature of the Customer – Registered Charities, Universities, Colleges and Schools shall not be charged
  18. Intellectual Property and/or Designs provided by Promotional Customers must be their intellectual property and or designs and not that of any 3rd
  19. Where there is a legal action by a 3rdparty in relation to the submitted design/promotional material then costs for possible infringements of copyright, personal rights, naming rights or other such intellectual property are to be borne completely by the Customer. In particular, the Customer fully indemnifies KK London from any direct and/or indirect consequences including but not limited to damages and/or legal fees resultant from any claimed breach of intellectual property rights. In addition, the Customer shall promptly reimburse KK London for all legal and defense costs and any other damages resulting from any such action.
  20. Intellectual Property and/or Designs provided by Promotional Customers:
  21. KK London accepts that any supplied intellectual property be it copyright, trademark designs and/or logos remain the exclusive property of the Client/Customer;
  22. Where KK London designs a mobile phone cover or otherwise for a Promotional Client/Customer it automatically transfers such design(s) upon full payment settlement to the Client/Customer;
  23. Whether the KK Designs ‘Stamp’ shall be incorporated within a finished design shall be decided by mutual agreement
  24. KK London shall be able (but not required to) keep, provide and display all Promotional Designs for its own promotional purposes save where specifically and in writing requested not to do so.
  25. KK Designs London – All KK London designs, stamps, text, art or otherwise exclusively remain the intellectual property of KK London and/or members of the KK Group of Companies. In particular, it is understood and accepted by all non-promotional Clients/Customers (see above) that purchasing a KK London mobile phone cover or similar product does not provide any rights and/or licenses to Clients/Customers apart from the right to use and display their own purchased covers.
  26. Where an individual, partnership or company is desirous of using a KK Design they must apply in writing to our registered office address for an appropriate license.
  27. Until a license is physically granted and issued with appropriate payment having been made no license shall be deemed valid.
  28. In particular, it should be noted that unauthorized use of KK London designs especially for any commercial or related use including but not limited to the copying and the publication of such for advertising purposes, whether altered or unaltered, is strictly prohibited and violators shall be prosecuted according to the appropriate copyright law and may result in legal proceedings.
  29. CURRENCY OF REFERENCE – KK London accepts payments in Pounds Sterling, the Euro and the US Dollar. The currency of reference is Pounds Sterling with Euro and US Dollar conversion rates being set twice a year if necessary.
  30. LOSS OF UPLOADED IMAGES/INTELLECTUAL PROPERTY – Where a Customer attempts to upload/email an image and/or other intellectual property and such is lost/debased or otherwise be it for technical  or other reasons KK London shall not be responsible for any potential damages and such is fully accepted by all contracting Clients/Customers.
  31. USE OF SOCIAL MEDIA FOR MARKETING – KK London may from time to time use social media applications but where used this in no way should be taken as inferring a relationship between KK London and the social media application.
  32. POSTAGE & PACKAGING – Branded Mobile Phone Case postage, packaging and/or courier delivery services shall be charged at cost plus packing time
  33. DAMAGE IN TRANSIT – KK London is not responsible for damage received to its products whilst in transit unless an item has been insured. However, this does not affect the responsibility of the courier company itself. Where an item is insured, then the policy of the insurance company/ies shall apply (please apply for specific information). Notwithstanding the above, replacement phone cases may at the total discretion of KK London be provided where its management deem it appropriate but in such cases the Client/Customer must immediately inform KK London, not continue to unpack the product and return it back including packaging to Kook Kat London.
  34. EXPEDITED DELIVERY – An Express Delivery Service is available in the UK & Republic of Ireland with rates and times as displayed on this Website.
  35. VAT RATE – Where applicable, the VAT Rate will be either that of the United Kingdom or the Republic of Ireland.
  36. STATUTORY RIGHTS – The above terms and conditions do not affect the statutory rights that may exist in either the United Kingdom or Republic of Ireland, whichever is applicable. Where it is found a particular clause within these terms and conditions may be deemed invalid per such Statutory provision then all such other terms not so affected shall remain valid and in force between the parties.
  37. GOVERNING LAW – In case of dispute, the laws of England & Wales shall apply.

 

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