www.kendandco.com is operated by Kendalls Luxe Products Limited ("we"). We are registered in England and Wales under company number 14538155.

This website is operated by Kendandco. Throughout the site, the terms “we”, “us” and “our” refer to Kendandco. Kendandco offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or 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 the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with 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 represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an 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 credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit 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, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - YOUR STATUS

51. By placing an order through our Website, you confirm that:
5.1.1. You have the legal capacity to enter into binding contracts; and
5.1.2. You are at least 18 years of age.Formation of the Contract Between You and Us:

 

6.1. After you place an order, we will send you an email acknowledging receipt. Please note that this acknowledgment does not mean your order has been accepted. Your order is an offer to purchase a Product from us. All orders require our acceptance, which we will confirm by sending you an email indicating that the Product has been dispatched or is ready for collection (the Dispatch Confirmation). The contract between us (the Contract) is formed only when we send you the Dispatch Confirmation.

6.2. The Contract will apply exclusively to the Products whose dispatch we have confirmed in the Dispatch Confirmation. We are not obligated to supply any other Products that may have been part of your order until we confirm their dispatch in a separate Dispatch Confirmation.

6.3. If we are unable to accept your order, we will notify you by email. This may be due to the product being out of stock, unexpected limitations on our resources, or our inability to meet a delivery deadline you specified.

7.1. These terms and conditions apply only if you are dealing with us as a consumer. If you wish to trade with us as part of your business, please complete a trade application form and send it to us at tradeapplications@kendandco.com.

7.2. As a consumer, you have the right to cancel the Contract within fourteen days, starting the day after you receive the Products. In this case, you will receive a full refund of the price you paid for the Products, in accordance with our refunds policy.

7.3. To cancel a Contract, you must inform us by email at returns@kendandco.com. We will arrange a collection within 14 days of your written notification to cancel the Contract. The Products must be in new and unused condition, in the original packaging, and returned at your own cost and risk. You will receive a full refund within 14 days of us receiving the Products. You are legally obligated to take reasonable care of the Products while in your possession. Any costs associated with the return will be deducted from your refund.

7.4. Details of this statutory right, and instructions on how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

7.5. Please note that you will not have the right to cancel a Contract for the supply of any Bespoke Products made specifically to your order, such as products upholstered in a fabric of your choice or products altered in size, color, or design.

 

SECTION 8 - DESCRIPTIONS AND PRODUCT INFORMATION

8.1. We strive to display Products on our Website and in our brochure as accurately as possible. However, slight variations may occur. For instance, the color of the Product may differ slightly due to your computer, monitor, software, or printer settings compared to the actual Product you receive.

8.2. All Product sizes specified on the Website are approximate. As most of our Products are handmade, their actual sizes may vary by up to 2 cm larger or smaller than stated on the Website. Please consider this variation when taking measurements and deciding whether to purchase a particular Product.

SECTION 9 - AVAILABILITY AND DELIVERY

9.1. Delivery will be made to the address specified when you complete the order.

9.2. We use various delivery methods depending on the size of the Product and the speed of delivery you request. 

9.3. We aim to fulfill your order by the approximate delivery date provided or within the delivery period set out in the Dispatch Confirmation. If no delivery date is specified, we will deliver within a reasonable time from the date of the Dispatch Confirmation, unless circumstances beyond our control prevent us from doing so. 

9.4. If a delivery date has been agreed upon, whether specified in the Dispatch Confirmation or otherwise, and we fail to deliver by that date, you are entitled to cancel the Contract and receive a full refund (including delivery costs) if timely delivery was essential. If timely delivery was not essential, you can set a new reasonable deadline for delivery. If we fail to meet this new deadline, you may cancel the Contract and receive a full refund. If timely delivery was not explicitly stated or clear, you will not be entitled to cancel the Contract for this reason.

9.5. It is your responsibility to ensure that the Products you have ordered will fit into your home. Check the dimensions of the space where the Product will be placed, and consider that the dimensions on the Website are approximate and may vary by 3-5 cm. Measure any doorways, corridors, or staircases the Product must pass through, including space for maneuvering. If a Product does not fit and you wish to return it, you will forfeit the delivery fee and may need to cover the return transport costs. A restocking fee of up to 25% of the item value will also apply.

9.6. An adult must be present at the delivery address to inspect the Products and sign to acknowledge their receipt in satisfactory condition. Any defects in the product or property must be reported immediately to Customer Services at sales@kendandco.com and noted on the Delivery Note. Financial compensation is only available for defective products according to our refunds policy. Our aim is to resolve the issue by replacing the goods, not by providing financial compensation.

9.7. As a reputable and safety-conscious company, Kend & Co adheres to health and safety requirements. Due to the prevailing culture of litigation, we must state that we are not responsible for any damage to goods and/or property resulting from deliveries beyond your property's threshold. Once the delivery paperwork is signed, we are not liable for any damage to your property or the delivered goods. This policy is final. Deliveries via staircases or upstairs are conducted at the property owner's risk.

9.8. If you need to cancel or reschedule your delivery after a delivery date and time slot has been agreed upon, you must inform us 24 hours before your scheduled delivery. Failure to cancel by this time will result in a second delivery fee for rescheduling. If you then choose to cancel your order, we will refund the cost of the goods, excluding the original delivery charge.

9.9. If you require delivery to an alternate address, such as a neighbor's, we need your consent in advance via email, including the name and address of the person who will sign for delivery on your behalf. We will not deliver to any other address without your prior consent via email.

SECTION 10 - RISK & TITLE

10.1. The risk of loss or damage to the Products passes to you upon delivery or collection.

10.2. Ownership of the Products transfers to you only after we have received full payment of all sums due, including delivery charges, and the delivery/collection note has been signed by you or your representative.

SECTION 11 - OUR LIABILITY

11.1. We warrant that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for the purposes for which products of that kind are commonly supplied.

11.2. Our liability for any losses you suffer as a result of us breaching the Contract is strictly limited to those losses that are a foreseeable consequence of our breach. Losses are foreseeable if they could be contemplated by both you and us at the time your order is accepted.

11.3. This limitation does not include or limit our liability in any way for death or personal injury caused by our negligence, for liability of the Consumer Protection Act 1987, or for fraud or fraudulent misrepresentation.

11.4. We are not responsible for indirect losses that occur as a side effect of the main loss or damage and that are not foreseeable by you and us. This includes, but is not limited to, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, or loss of data, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

 

SECTION 12 - ORDERS PLACED FROM OUTSIDE OF THE UK

12.1. If you order Products from our Website for delivery outside the UK, they may be subject to import duties and taxes levied upon arrival at the specified destination. You are responsible for the payment of these import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12.2. All Products are subject to VAT at the applicable UK rate. Where VAT is not chargeable on the sale, we will reimburse the VAT element of the transaction after delivery has taken place, but not any VAT on delivery or other charges.

12.3. For Products ordered for delivery outside the UK, it is advisable to take out standard liability insurance. Please refer to the international section on our website for further details.

12.4. You must comply with all applicable laws and regulations of the destination country for the Products. We are not liable for any breach by you of such laws.

 

SECTION 13 -  THE TRANFER OF RIGHTS AND OBLIGATIONS

13.1. You are prohibited from transferring or subcontract the Contract, or any of your rights or obligations under it, without our prior written consent.

13.2. We reserve the right to transfer, assign, novate, or subcontract the Contract, or any of our rights or obligations under it, at any time during its term.

SECTION 14 - EVENTS THAT ARE OUTSIDE OF OUR CONTROL

14.1. We will not be liable for any failure to perform, or delay in performance of, any of our obligations under a Contract caused by events beyond our reasonable control (Force Majeure Event). No financial compensation will be provided for delays in receiving goods manufactured overseas or for defective products. Our aim is to resolve issues by replacing goods, not by offering financial compensation.

14.2. Our performance under any Contract will be suspended for the duration of the Force Majeure Event, with an extension of time for performance for that period. We will use reasonable efforts to end the Force Majeure Event or find a solution to fulfill our obligations under the Contract despite the Force Majeure Event.

 

15.2. You must not misuse this Website. You agree not to:

- Commit or encourage a criminal offense.
- Transmit or distribute any virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene.
- Hack into any part of the service.
- Corrupt data.
- Cause annoyance to other users.
- Infringe upon the proprietary rights of others.
- Send any unsolicited advertising or promotional material, commonly referred to as "spam."
- Attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

15.3. Breaching these provisions constitutes a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

15.4. You shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by Kendalls Luxe Products Limited.

SECTION 16 - OPTIONAL TOOLS

16.1.We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

16.2. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

16.3. We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 17 - THIRD-PARTY LINKS

17.1. Certain content, products and Services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

17.2.We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 18 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

18.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

18.2.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

18.3. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to 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 19 - PERSONAL INFORMATION

19.0 Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://www.kendandco.com/pages/privacy-policy

SECTION 20 - ERRORS, INACCURACIES AND OMISSIONS

20.0.Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to 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).

20.1. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 21 - PROHIBITED USES

21.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate 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 type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of 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 circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 22- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

22.0.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 that may be obtained from the use of the Service will be accurate or reliable.

22.1.You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly 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 the Service 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, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

22.2. In no case shall Kendandco, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 23 - INDEMNIFICATION

23.0. You agree to indemnify, defend and hold harmless Kendandco and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 24 - SEVERABILITY

24.0. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 25.- TERMINATION

25.0.The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

25.1.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

25.2.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 26 - ENTIRE AGREEMENT
26.0. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

26.1.These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

26.2.Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 27 - GOVERNING LAW
27.0 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.

SECTION 28 - CHANGES TO TERMS OF SERVICE
28.0You can review the most current version of the Terms of Service at any time at this page.

28.1We reserve the right, at our sole discretion, to 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 or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 29 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@kendandco.com