1. These terms
1.1 These are the terms and conditions on which we supply products to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. When we use the words "writing" or "written" in these terms, this includes emails.
1.2 Hire and exhibition of memorabilia. Please note that these terms do not apply to the hire and exhibition of memorabilia, this service will be subject to a separate contract. Please contact us at firstname.lastname@example.org and provide your name, company/museum/gallery name, telephone number, title and reference number of the memorabilia you wish to hire. Alternatively, please click on the Exhibit button next to each qualifying product and follow the instructions online.
2. Information about us and how to contact us
2.1 We are Kudos Memorabilia Limited a company registered in England and Wales. Our company registration number is 09482033 and our registered office is at Richmond, Walkern Road, Stevenage, Herts SG1 3QP. Our registered VAT number is GB 208 6627 01. You can contact us by writing to us at email@example.com.
3. Our contract with you
3.1 Our shopping pages will guide you through the steps you need to take to place an order with us. The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each step of the order process.
3.2 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or there are regulatory and/or legal restrictions relating to the supply of certain products.
4. If you are a consumer
This clause 4 only applies if you are a consumer.
4.1 If you are a consumer you may only purchase products from our site if you are at least 18 years old.
5. If you are a business and or trader
This clause 5 only applies if you are a business and/or trader.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
5.2 These terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
6. Our products
6.1 Each product is supplied with a Certificate of Authenticity (COA), which guarantees the authenticity and provenance of the product. Please keep the COA safe, as a COA cannot be reissued. A COA is guaranteed for life and is transferrable to each new owner of the product.
6.2 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products therefore your product may vary slightly from those images.
6.3 Only the product and documentation described in the COA is included in the sale. Any mannequin, display stands, scale measurers, colour chart and/or other item in the photographs of the products, displayed on our website or elsewhere are not included (unless expressly stated).
7. Providing the products
7.1 The options for delivery and estimated costs of delivery will be as displayed to you on our website. These will vary depending on the size, weight and/or value of the product to be delivered. Please see our FAQ section for more information.
7.2 For deliveries to destinations outside of the UK, there may be local restrictions on certain products. If you order products from our site for delivery to a destination outside of the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches its destination. Please note that we have no control over these and cannot predict their amount. You will be responsible for payment of such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be responsible if you break any such laws and/or regulations.
7.3 In the event you refuse to accept delivery of a product because of any import duty or taxes or for breach of any local law and/or regulation and the product is returned to us, the contract will end immediately and we will refund any sums paid by you for products not provided but we will deduct from that refund (or, if you have not made an advance payment, charge you) compensation for the costs we will incur as a result of your ending the contract which will include, without limitation, all payments, costs and fees incurred in the shipment and return shipment of the product, such compensation will be a minimum of 20% of the purchase price.
7.4 Events outside of our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but which have not yet been dispatched by us.
7.5 Delivery. All packages are carefully packed, insured whilst in transit to you and will require a signature to evidence delivery, you should make appropriate arrangements to sign for and take delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 8.7 will apply.
7.6 A product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us. You own a product which is goods once we have received payment in full.
8. Ending the contract and return of products
8.1 If you wish to return a product, please email us at firstname.lastname@example.org for a Returns Authorisation Number. Your rights when you end the contract will depend on whether you are a consumer or a business and/or trader, whether there is anything wrong with the product, how we are performing and when you decide to end the contract.
8.2 If the product has not yet been dispatched by us we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the costs we will incur as a result of your ending the contract.
8.3 If the product has been dispatched, we will provide you with a return label or arrange collection of the product from you. The product must be packaged securely in its original condition, enclosing the original dispatch note and all documentation provided including, without limitation, the COA.
8.4 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop and/or if you do not return all documentation and other materials provided with the product including, without limitation, the COA.
8.5 We will pay the costs of return if the products are faulty or misdescribed. If you wish to exercise your statutory rights to reject a product you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. In all other circumstances (including where you are a UK consumer and exercising your right to change your mind) you must pay the costs of return.
8.6 We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you.
8.7 If we end the contract in the situations set out in clause 8.6 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
9. Price and payment
9.1 The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
9.2 The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
9.3 Subject to clause 9.4, the price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
9.4 The supply of products to a trader who is VAT registered in the EU may be zero-rated for VAT subject to the supply of that trader’s state code and VAT registration number to us when you place your order. The supply of products to a customer outside the EU will be zero-rated for VAT.
9.5 Payment for the product will be in GBP. For buyers outside of the UK prices charged in GBP to purchase the product may be converted to your respective native currency by Shopify, your financial institution or credit card company. We are not responsible and/or liable for any currency conversion fees and/or other banking charges.
9.6 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that if the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you. If you think an invoice is wrong please contact us promptly to let us know.
9.7 If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.8 Payment by instalments. At our discretion payment for a product may be made by instalments, which must be agreed with us in advance of any purchase. If you would like to discuss the options to pay in instalments, please contact email@example.com. We will not dispatch the product until we have received payment of all instalments, in full. In order for us to accept payment by instalments you will be required to pay 20% of the purchase price as a non-refundable and non-transferable deposit.
10. Our Liability if you are a consumer
This clause 10 applies only if you are a consumer
10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
10.3 All products are sold as collectibles and/or memorabilia for display purposes only, and are not deemed, intended, represented, or implied to be fit for any other purpose. Subject to Clause 10.2, you hereby expressly release us from and hold us harmless against any liability, loss and/or injury including, without limitation, personal injury or property damage arising from any other use of any product.
10.4 Subject to Clause 10.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 150% of the price of the product.
10.5 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. All items are sold as collectibles and/or memorabilia for display purposes only, and are not deemed, intended, represented, or implied to be fit for any other purpose. Except for the limited warranty contained in the COA all products are sold “as is”. To the fullest extent permitted by law, we make no warranties as to the correctness or the description of the physical condition, size, quality, rarity, importance, medium, provenance, exhibitions, literature or historical relevance of any product.
11. Our Liability if you are a business and/or a trader
This clause 11 only applies if you are a business and/or a trader.
11.1 Clauses 10.2 to 10.5 are repeated and, subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12. How we may use your personal information
12.1 We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and, subject to clause 13.7, you can bring legal proceedings in respect of the products in the English courts only.
13.7 If you are a UK consumer and you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a UK consumer and you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13.8 Changes to these terms and conditions. We reserve the right to amend these terms and conditions from time to time.