If you’ve landed here via our Terms of Service then you’re either having a good time, or more likely, you’re just being a responsible adult. If it’s the latter then we commend you for that, as we can’t often lay claim to it ourselves. If it’s the former . . . are you sure you're on the right website?

If this is your first dip into our legalities, lucky you. If you’re not sure how you’ve ended up here, don’t worry, it happens to us all. All good? Get yourself comfortable; you’re in for a treat.

 

1. Terms of Trade Policy Introduction


(a)   This Terms of Trade Policy forms part of our Terms and Conditions, which have been prepared across three separate policies for ease of reading and navigation. These policies (collectively our Terms and Conditions or "Terms") set out the terms on which Kunstvoller Limited supplies its products and services.

(b)    Our Terms and Conditions apply between you (“You/Your”) the user (“User”) of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Kunstvoller Limited (“Kunstvoller/We/Us/Our”), the owner and operator of this Website: www.kunstvoller.com.


The individual policies and the links to read them are as follows:

  1. Terms of Trade Policy (You’re here)
  2. Terms of Service Policy
  3. Privacy Policy

(d)    We reserve the right to change our Terms from time-to-time, as we may deem necessary, or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted Our Terms and Conditions, including this Terms of Trade Policy, on your first use of the Website following the alterations. It is worth checking this policy regularly to take notice any changes We may have made. The date the terms were last updated appears at the bottom of this page.

2. Application and entire agreement

(a)    These Terms of Trade (“Terms”) are the Terms on which Kunstvoller Limited (Kunstvoller/We/Us/Our) provide products or services ("Goods") to you the consumer ("You"/"Your") via our Kunstvoller website (“Website”), including, without limitation:

(b)    Our Terms apply to Your purchase of the products or services from Us.

(c)     Please read these Terms carefully before ordering.  You should understand that by ordering our Goods You are deemed to have accepted and agreed to be bound by our Terms, and this will constitute the entire agreement between You and Us.

(d)    Your access and use of Our Website is governed by Our Terms of Service Policy and Privacy Policy.

(e)     The Terms of this policy apply to the sale and purchase of any Goods between Us and You, to the exclusion of any other terms that You try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3. Interpretation

(a)    A "business day" means any day other than a Saturday, Sunday or bank holiday.

(b)    The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

(c)    Words imparting the singular number include the plural and vice-versa.

(d)    Where ‘Terms’ is used in this document, it refers to this Terms of Trade Policy.

4. Goods

(a)    The description of the Goods is displayed on Our Product pages on the Website, and whilst We do Our best to describe things accurately there is a degree of subjectivity. 

(b)    By purchasing Our Products You acknowledge that Our Product Descriptions are intended as a guide only and that You have not solely relied upon any statement, promise or other representations about the Goods by Us.

(c)    We can make any changes to the specification of the Goods, at anytime, to conform to any applicable safety or other statutory or regulatory requirements.

5. Price

(a)    The price (“Price”) of Our Goods is set out on the product page, current at the date of Your order, or such other price as We may agree in writing.

(b)    Our prices are checked regularly and We endeavour to have accurate pricing on all of Our products.

(c)    The Price is exclusive of shipping fees.

(d)    The Price is inclusive of any applicable UK VAT where charged.

(e)    Any other fees, taxes or levies made after You have ordered, for example Import Duties, are Your responsibility as the Consumer.

6. Payment

(a)    All payments are made using the payment platform Stripe.

(b)    We accept Visa, MasterCard and American Express.

(c)    All payment transactions are secure and encrypted.

(d)    For Your protection and security we have opted to use Stripes additional protection against fraud. The two methods used are the Address Verification System (“AVS”) to check that the postcode matches that of the banks details for the Cardholder, and the Card Verification Codes (“CVC”) found on the bank of cards. 

(e)    We do not have access to, nor store, your credit card information.

(f)    Payment information is also governed by Stripe’s Privacy Policy.

7. Order Contract

(a)    You must be at least 18 years old to Order from Our Website and enter into a legally binding purchase contract (“Purchase”). By placing an order (“Order”), You confirm You meet this requirement.  If We discover You are not capable of entering this Contract, We are legally entitled to cancel Your Order and have no obligation to supply any Goods.  

(b)    Your order (“Order”) comprises an offer from Us for You to purchase the Goods You have selected via our Website.

(c)     All orders are subject to availability and acceptance by Us once Your Order is placed.

(d)    You will receive an email from Us acknowledging receipt of Your Order.

(e)    If We find there is an error in the price when We receive Your Order, We will contact You to ask if You wish to proceed at the correct price.

(f)     If You wish to proceed, this will constitute a new Order.

(g)    Please note acknowledgement of Your Order does not constitute acceptance of Your Order and a Contract being formed.  The Contract is only agreed and accepted once We send an email confirming dispatch.

8. Pre-Orders

(a)    Pre-order items are not available for dispatch until the advisory release date noted on the product page.

(b)    All pre-orders must be paid for in full when placing the order.

(c)    If You have pre-ordered items with a release date as part of a larger order, we will reserve and hold your total order for dispatch on the day of the release – unless you wish to pay additional shipping costs to have your orders sent separately.

(d)    Release dates given on the Product Page are estimated and under rare circumstances they could be delayed or brought forward. We will do our best to get all orders out on or before the advisory date given.

(e)    Pre-orders can be cancelled before the cut-off date given on the Product Page for either an exchange or refund. 

(f)    Pre-ordered non-standard size / colour Goods or customised Goods are non-cancellable after the cut off date shown on the Product page and non-refundable as stated on the Product page. 

(g)    All Refunds are issued to the original payment method

9. Shipping & Delivery

(a)    We will arrange shipping of the Goods to the delivery address that You provide at the time of Your Order.

UK ORDERS

  1. Orders are usually processed and shipped within 4 days (Standard dispatch days are Tuesday and Saturday am).
  2. We use ‘Royal Mail Signed For’ 2nd Class service for our standard shipping.
  3. Stickers are send via standard 2nd class for 1 set, more sets will be sent using the Signed for Service.
  4. We aim to have all goods advertised on the site available for dispatch.  If shipping times vary for any reason (e.g. pre-orders) You will be notified on the item listing or by email.
  5. We’ll send You an email confirmation when Your order has been dispatched. This will be sent to the email address stated on Your order.
  6. Royal Mail states on their website that they aim to deliver within 3 working days but please allow up to 15 working days for your order to arrive before contacting us using the My Order form.
  7. First Class & Recorded delivery options are available at additional cost – contact to arrange. 

EUROPEAN & WORLDWIDE ORDERS

  1. We use Royal Mail Tracked & Signed For as our flat rate service for european and international orders.
  2. We aim to have all goods advertised on the site available for dispatch.  If shipping times vary for any reason (e.g. pre-orders) You will be notified on the item listing or by email.
  3. We’ll send You an email confirmation when Your order has been dispatched. This will be sent to the email address stated on Your order.
  4. As stated on the Royal Mail site, they aim to deliver within Europe in 2-5 working days and worldwide within 5-7 working days. As delays can happen, please allow up to 20 working days for Your order to arrive in Europe, 25 working days worldwide, before contacting us using the My Order form.
  5. All parcels will require a signature on delivery.
  6. Your parcel may be returned to Us if there is nobody to sign for it and/or it cannot be delivered. In this event, it may be returned to Us and additional postage costs will apply for Us to resend the item. 
  7. Import Duty / Taxes: Some countries charge duty / taxes on imported goods. You are responsible for these charges, so it is worth checking out what costs may apply before ordering. If you don’t pay the money due, then the parcel will be returned to us.  Whilst we will refund the cost of the goods, we will deduct any charges or shipping costs incurred during transit back to us.  This can result in you forfeiting your refund, as sometimes those additional charges are equal to, or greater than, the amount you paid for the goods in the first place.  This is a bad situation all round as we both end up out of pocket.  Neither of us wants that!  

(b)    Goods are dispatched using Royal Mail and the pricing for delivery is set out in the shipping rates below:

      

UK ONLY

ROYAL MAIL SIGNED FOR 2ND CLASS

Envelope (e.g. 3 sticker packs) – £1.89

Parcel Flat Rate – £3.95

       

European

STANDARD UNTRACKED/UNINSURED

Envelope (e.g. 3 sticker packs) – £1.55

ROYAL MAIL TRACKED AND SIGNED

Small Parcel (e.g. 1-2 t-shirts) – £9.55

Medium Parcel (e.g. hoodie / hoodie + t-shirt) – £10.15

Large Parcel (e.g. 2 x hoodies+) – £11.10

Extra Large Parcel (e.g. 3 x hoodies+) – £13.55

 

International

STANDARD UNTRACKED/UNINSURED

Envelope (e.g. 3 sticker packs) – £2.25

ROYAL MAIL TRACKED AND SIGNED

Standard Parcel (e.g. 1 t-shirt) – £9.85

Small Parcel (e.g. 2 t-shirts) – £10.55

Medium Parcel (e.g. hoodie / hoodie + t-shirt) – £12.90

Large Parcel (e.g. 2 x hoodies+) – £15.40 

Extra Large Parcel (e.g. 3 x hoodies+) – £19.65

 

10. Inspection and acceptance of Goods

(a)    You must inspect the Goods on delivery.

(b)    If You identify any damages, shortages, You must inform us via the My Order form within 3 days of delivery.

(c)    Other than by agreement, We will only accept returned Goods if We are satisfied that those Goods are defective and if required, have carried out an inspection, either from photos or on requested return of the Goods.  Some natural variations are expected / acceptable across garments and screen-prints.  This is part of the manufacturing process, inline with industry standards and is not in all cases considered a fault.

(d)    Subject to Your compliance with this clause and/or Our agreement, You may return the Goods and We will, as appropriate, repair, replace, or refund the Goods or part of them.

(e)    We will be under no liability or further obligation in relation to the Goods if:

1.     You fail to provide notice as set above; and/or

2.     You make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

3.     The defect arises because You did not follow Our verbal or written instructions about the storage, commissioning, care, installation, use and maintenance of the Goods; and/or

4.     The defect arises from normal wear and tear of the Goods; and/or

5.     The defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by You or any third parties.

6.     The defect is part of expected variances in product e.g. stitching anomalies, minor print variations 

(f)     Acceptance of the Goods will be deemed to be upon inspection of them by You, and in any event, within 4 days after delivery.

11. Lost or Missing Items

(a)    If Your Goods do not arrive please contact Us using the My Order form so We can look into it.

(b)    Although Royal Mail aim to get parcels to UK recipients within 3-5 working days, and 5-7 days for the rest of the world, they do say to allow for up to 15 working days in the UK, 20 working days for Europe and 25 for the rest of the world before Goods are officially missing or lost. 

(c)    For lost or missing Goods You can choose a replacement at no extra cost (subject to the Goods being in stock) or receive a full refund. 

12. Goods Damaged In The Post

(a)   In the unlikely event Your order has been damaged during shipping, please let Us know using our My Order form. 

(b)   We may need You to provide Us with photos and / or return the parcel to Us if Royal Mail requests it.  We’ll refund You the return shipping costs if this is the case.

(c)    For lost Goods you can choose a replacement at no extra cost (subject to the Goods being in stock) or to receive a full refund. 

13. Returns & Cancellations

(a)    If you would like to cancel your order or return Your Goods (other than sale [excluding product launch sale prices], reduced or promotional period Goods) please let Us know via the My Order form.

(b)    In accordance with The Consumer Contracts Regulations 2013, we offer you the right to cancel your order within 14 days, or, to return The Goods to Us for within 14 days of delivery for exchange or refund. Please see the process for exchanges and refunds detailed below and follow them alongside this section.

(c)    Pre-ordered non-standard size / colour Goods or customised Goods are non-cancellable after the cut off date shown on the Product page and non-refundable as stated on the Product page. 

(d)    If Goods have been dispatched when you cancel Your order, or You are returning Goods to Us, original postage costs will not be refunded

(e)    Your order number, name and address must be included in the returned parcel.

(f)    Return postage costs are not refundable

(g)    Goods must be in their original re-saleable condition.  This means any tags and packaging must be intact, and items must not have been used, worn, marked, altered or washed.

(h    All goods will be inspected on return.  We reserve the right to refuse a refund or exchange if there are any signs of use / wear, marking / damage, alterations, or washing.

(i)    If You return an entire order, any missing items (including any free items) will be deducted from the refund. 

(j)    Please Note: Returned items are your responsibility until they get back to us. We recommend items be well packaged and returned with an insured service for your protection, as no refunds or exchanges will be given for Goods lost, missing or damaged during shipping.

  1. We will let You know if Goods arrived damaged or with items missing. 
  2. If you let Us know when to expect Goods, We will contact You within 15 working days of the expected delivery date if they have not arrived.
  3. If Goods that You return that become lost, missing or damaged missing during shipping, it is Your responsibility to file a claim with the carrier.

14. Exchanges (UK, Europe, Worldwide)

(a)    If you would like to exchange Your Goods (other than sale [excluding product launch sale prices] reduced or promotional period Goods) please contact us via the My Order form and follow the returns guidance above, alongside the information in this exchanges section.

(b) In accordance with The Consumer Contracts Regulations 2013, we offer you the right to return The Goods to Us for an exchange within 14 days of delivery.

(c)    Pre-ordered non-standard size / colour Goods or customised Goods are non-exchangeable as stated on the Product page. 

(d)    Please wait until we confirm your exchange request, including if the item you wish to exchange for is in stock and / or to discuss alternatives, before sending items back to us.

(e)     If you’re happy to proceed with your exchange, shipping costs will apply to have the item sent to you. We will email You to let You know how to make payment.

(f)    If a suitable item is not available for exchange, You will be refunded for Your item minus shipping costs within 14 days of returning the Goods to Us.

(g)    Once We have received Your parcel back, and its been deemed suitable for exchange after inspection, it can take up to 14 days to process an exchange, though we aim to do it much quicker.  

(h)    Original shipping costs are not refundable.

(i)    Return shipping costs are your responsibility and are not refundable.

(j)    All refunds are issued to the original payment method.

(k)    Please Note: Returned items are your responsibility until they get back to us. We recommend items be well packaged and returned with an insured service for your protection, as no exchange will be given for Goods lost, missing or damaged during shipping.

  1. We will let You know if Goods arrived damaged or with items missing. 
  2. If you let Us know when to expect Goods, We will contact You within 15 working days of the expected delivery date if they have not arrived.
  3. If Goods that You return that become lost, missing or damaged missing during shipping, it is Your responsibility to file a claim with the carrier.

15. Refunds (UK, Europe, Worldwide)

(a)    If you change your mind or are unhappy with Your Goods (other than sale (excluding product launch sale prices), reduced or promotional period Goods), please contact us via the My Order form and follow the additional returns guidance above, alongside the information in this refunds section.

(b)    In accordance with The Consumer Contracts Regulations 2013, we offer you the right to return The Goods to Us for a refund (minus shipping costs) within 14 days of delivery.

(b)   Pre-ordered non-standard size / colour Goods or customised Goods are non-exchangeable as stated on the Product page. 

(c)    All goods are inspected before a refund is issued.  We retain the right to refuse a refund for worn, used, damaged or washed items as explained in the returns information above.

(d)    Accepted returns will only be refunded the cost of the returned Goods.

(e)    Original shipping costs are not refundable.

(f)    Return shipping costs are your responsibility and are not refundable.

(g)    Please Note: Returned items are your responsibility until they get back to us. We recommend items be well packaged and returned with an insured service for your protection, as no refunds will be given for Goods lost, missing or damaged during shipping.

  1. We will let You know if Goods arrived damaged or with items missing. 
  2. If you let Us know when to expect Goods, We will contact You within 15 working days of the expected delivery date if they have not arrived.
  3. If Goods that You return become lost, missing or damaged missing during shipping, it is Your responsibility to file a claim with the carrier.

(h)     All Refunds are issued to the original payment method within 14 days of Us receiving, and accepting, your returned Goods.

16. Faulty Item Replacements and Refunds (UK, Europe, Worldwide)

(a)    Firstly, if you believe you receive Faulty Goods, please contact us via the My Order form with a description of your issue.

(b)    We will do our best to help and make sure you’re happy, but we cannot guarantee a replacement or refund of Goods you deem defective.  We may require photos along with any description you provide.  Some natural variations are expected / acceptable across garments and screen-prints.  This is part of the manufacturing process, inline with industry standards and is not in all cases considered a fault.

(c)     Where we accept your Goods are faulty, exchanges and refunds are processed as detailed in the relevant section above. Please read those sections carefully alongside this one.

(d)     Please Note: Returned items are your responsibility until they get back to us. We recommend items be well packaged and returned with an insured service for your protection, as no refunds or exchanges will be given for Goods lost, missing or damaged during shipping.

  1. We will let You know if Goods arrived damaged or with items missing. 
  2. If you let Us know when to expect Goods, We will contact You within 15 working days of the expected delivery date if they have not arrived.
  3. If Goods that You return become lost, missing or damaged missing during shipping, it is Your responsibility to file a claim with the carrier.

(f)    Replacement (UK, Europe & Worldwide): You won’t receive a refund of the original shipping charges, but you will not be charged shipping for the replacement item. 

(g)    Refund (UK only):  Original shipping and handling charges only refundable if the entire order is returned.  We will refund you up to £6.00 for the original and return P&P (combined).  Please include or email us a postage receipt.

(h)   Refund (Europe & Worldwide):  Unfortunately, at this time, we aren’t able to refund any shipping costs for parcels delivered to non-UK addresses.

(i)    All Refunds are issued to the original payment method within 14 days of Us receiving, and accepting, your returned Goods.

17. Giveaway and Free Goods

(a)    Goods given away for free, either as part of promotional activity, additional items added to an order, as competition prizes or for any other reason, hold no monetary value and are not eligible for returns or refunds.

(b)    If shipping charges applied and You are not happy with Your free Goods, no refund of shipping charges will be made except of if the Goods are lost, missing or damaged in the post.  In this instance, You need to follow sections 11 or 12 above. In this event, only shipping charges will be refunded.  

18. Limitation of liability

(a)    Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.

(b)    Subject to all of the provisions, warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

(c)    If We do not deliver the Goods, Our liability is limited, subject to the clause below, to the costs and expenses incurred by You in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

(d)    Our total liability will not, in any circumstances, exceed the total amount of the Price payable by You.

(e)    We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

  1. Any indirect, special or consequential loss, damage, costs, or expenses; and/or
  2. Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
  3. Any failure to perform any of Our obligations if such delay or failure is due to any cause beyond Our reasonable control; and/or
  4. Any losses caused directly or indirectly by any failure or breach by You in relation to Your obligations; and/or
  5. Any loss relating to the choice of the Goods and how they will meet Your purpose or the use by You of the Goods supplied.
  6. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

19. Communications

(a)    All notices under Our Terms of Trade Policy must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

(b)    Notices will be deemed to have been duly given:

  1. When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
  2. When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
  3. On the fifth business day following mailing, if mailed by national ordinary mail; or
  4. On the tenth business day following mailing, if mailed by airmail.
  5. All notices under Our Terms Policy must be addressed to the most recent address or email address notified to the other party.

20. Circumstances beyond the control of either party

(a)    Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.

(b)    Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

21. No Waiver

(a)    No waiver by Us, of any breaches You make of Our Terms of Trade Policy, shall be considered as a waiver of any subsequent breach of the same or any other provision.

22. Severance

(a)    If one or more of the provisions of Our Terms of Trade Policy is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of Our Terms (which will remain valid and enforceable).

23. Law and jurisdiction

(a)    This Terms of Trade Policy is governed by and interpreted according to English law. All disputes arising under these Terms are subject to the exclusive jurisdiction of the English courts.

24. Kunstvoller Limited Details

(a) Kunstvoller Limited is a company registered in England and Wales with the number 10032250.

(b) Our Registered Office is: 10 Bessemer Court, Bolckow Industrial Estate, Grangetown, Middlesbrough, England, UK TS6 7EB.

(c) If you require any additional assistance, have questions, complaints or comments about the Website, our Services or Products, then please contact us using our Contact Form, via email: kontakt@kunstvoller.com or in writing to our above address.

 

Last Updated: 1st April 2018

 

 

Attribution: This Terms of Trade contains parts of a document created using Rocket Lawyer (https://www.rocketlawyer.co.uk).