Terms & Conditions
Access to and use of this website and the products and search services available through this website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of these terms, conditions and notices, without modification. Furthermore, you acknowledge that the Terms of Service may be updated by us from time to time. This website also contains links to other websites, web pages and services which are not operated by King Apparel Ltd (the "Linked Sites"). Your use of such Linked Sites will be subject to the terms of service contained within each such website and the respective terms of service will control the use of the respective website. In any event, your link through to such a website will be subject to the Terms of Service. You recognise that King Apparel Ltd has no control over such Linked Sites and information, and you accept that King Apparel Ltd provides no guarantee as to the accuracy or reliability of such websites or the information contained in them. You also agree that we shall have no responsibility as to whether such links locate unintended or objectionable content or otherwise cause you distress, loss or damage.
What information do we collect?
We collect information from you when you register on the site, enter a contest or promotion or place an order.
When registering or ordering, we may ask you for your name, email address, home address, postal code, daytime and/or mobile phone number, credit card information (when ordering products only) as well as to create a user name and password.
Like many websites, we use "cookies" to enhance your experience and gather information about visits to our website. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them.
Do we use "cookies"?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to some features that make your experience more efficient and some of our services may not function properly.
You will not: commit or encourage a criminal offence; send or receive any material which is in any way offensive or obscene, or in breach of confidence, copyright, privacy or any other rights; act contrary to the acceptable use policies of any Linked Sites or community standards generally; transmit or distribute a virus; hack into any aspect of the Service; corrupt data; cause annoyance to other Users; infringe upon the rights of any other person's trademarks or other proprietary rights; send any unsolicited advertising or other promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the King Apparel Ltd website.
4. Intellectual Property
The intellectual property rights in all software made available and content supplied to you remains the property of King Apparel Ltd, its licensors, advertisers or content suppliers. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you and you hereby acknowledge that all software that is not made readily available to you is confidential, and that all other rights including but not limited to database rights and copyright are asserted and reserved by King Apparel Ltd, its licensors, advertisers or content suppliers. You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, distribute or otherwise reproduce in any format any of the content or copies of the content supplied to you or which appears on the King Apparel Ltd website and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any media business or enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws expressly or impliedly prohibit such restriction) or create derivative works based on any software or any documentation accompanying such software supplied by King Apparel Ltd, its licensors, advertisers or content suppliers. King Apparel™ and all logos are trademarks belonging to King Apparel Limited. No license or consent is granted to you to use these marks in any way, and King Apparel Ltd reserves all rights in these and any related marks. You agree not to use these marks or any marks which are colourably similar without the written permission of King Apparel Ltd.
5. E-tail of Products and Services
By making a request/order you are offering to purchase a product which we will accept to sell to you on the following Terms and Conditions. All requests are subject to availability and confirmation of the order price by us. Despatch times may vary according to availability and any guarantees warranties or representations made as to delivery times are limited to mainland UK and are on the basis that we are not responsible for any delay in delivery occurring due to postal delays or force majeure. King Apparel Ltd is absolutely entitled to refuse any request made by you. If your order is accepted we will inform you by emailing you or else by calling you. We will also provide the identity of the party you have contracted with. This may be King Apparel Ltd or in certain cases a third party. Where a contract is made with a third party King Apparel Ltd is not acting as either agent or principal and the contract is made between yourself and that third party. When making a request you undertake that all details you provide to us requesting goods or services or bids made at auction are true and accurate, that you are an authorised user of the credit or debit card used to make your request or bid and that there are sufficient funds to cover the cost of the goods, services or bid. It is your responsibility to inform us of any changes to these details as soon as possible. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
6. Disclaimer of warranties
The services and all information, products and other content included in or accessible from this website and the linked websites, are provided on an "as is" and "as available" basis and are subject to change at any time without notice to you. To the fullest extent permitted by law, King Apparel Ltd disclaims and excludes all representations and warranties (express, implied and statutory, including but without limitation the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and content included in and accessible from this website or the linked websites.
7. Disclaimer of liability
Unless expressly stated to the contrary to the fullest extent permitted by law King Apparel Ltd, its content providers, advertisers or linked websites shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked websites, even if King Apparel Ltd had been advised of the possibility of such damages and irrespective of whether such damages arise in contract, tort, equity, restitution, by statute, at common law or otherwise. You have read this disclaimer and agree to it on the basis that you agree it is reasonable.
8. Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary, all persons including their names and images, third party trademarks and images of third party products, services and locations featuring on the King Apparel Ltd website are in no way connected, associated, linked or affiliated to King Apparel Ltd. Furthermore, unless it is expressly stated on the King Apparel Ltd website that a certain product, service or location is connected, associated, linked or affiliated to the makers, right owners or broadcasters (the "makers") of a film or programme you should not make such an assumption, or rely in any way on the existence of such a connection, association or affiliation, by implication or otherwise. Any trademarks/names as may be featured on the King Apparel Ltd website are owned by the respective trademark owners and King Apparel Ltd claims no connection, association or affiliation with them. Where a trademark (brand name) is referred to it is used to describe or identify the products, services or locations (the "goods") or else it is used to identify the film or programme where such goods appeared, but that is in no way an assertion or claim that such goods are endorsed by or connected, associated, linked or affiliated to the makers of the relevant film or programme.
You agree to indemnify, defend and hold harmless King Apparel Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the King Apparel Ltd services, your breach of the Terms of Service, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
10. Variation of content
King Apparel Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of the content supplied in connection with the Service or which appears on any page of the King Apparel Ltd website.
All information and material submitted by you to King Apparel Ltd or that you publish on any public area of the King Apparel Ltd website shall be provided by the submitter and accepted by King Apparel Ltd on a non-confidential basis subject to paragraph 2 above. Furthermore, King Apparel Ltd shall be granted a perpetual royalty-free non-exclusive license in the copyright of any material submitted and King Apparel Ltd shall be free to use, edit, copy, republish and distribute (for any purpose) and authorise others to do the same, any such information or material and any ideas contained in such information or material.
King Apparel Ltd may at any time terminate or suspend any part of the Service without notice to you.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
14. Governing law and jurisdiction
Upon entering the King Apparel Ltd website you are bound by these terms and conditions. These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English High Court, the Strand, London. Any dispute in any way referable to the content of this website whether in respect of its trademarks, copyright or image content shall be resolved exclusively by arbitration the terms of which are to be agreed between King Apparel Ltd and yourself and provide no right or recourse to any relief of the English Courts whether interim or otherwise and that by accessing this website you waive your right for all time to any such right.
15. Gift vouchers
If you are purchasing a gift voucher, please ensure that you double check the delivery email address you enter. We cannot be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. Additionally, we cannot take responsibility for any gift voucher that is lost or used by someone other than your recipient after delivery. It is the recipient’s responsibility to keep the voucher details safe. We also cannot accept any responsibility for stolen or deleted gift vouchers as we cannot generate another code. On occasions gift vouchers may get caught in spam filters. It is up to the recipient to check these filters. We cannot take responsibility if a gift voucher cannot be delivered to the recipient's email address because of spam filters, firewalls, or the capacity of the recipient's mailbox or any other factors outside of our control. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two). There is no cash redemption value for the recipient of the voucher.
16. Entire agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and King Apparel Ltd. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of King Apparel Ltd.