Terms & Conditions
1. Introduction
These terms and conditions relate to goods which you offer to purchase from the kickback-shoes.com online store (“our/this website”). Please read these terms and conditions, which govern your use of this website and our supply to you of any goods which you offer to purchase through our online facilities. We will be unable to process any offer to purchase goods until you have done so. By making an offer to purchase, you agree to be bound by the whole provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 5 (limitation of liability) and 6 (indemnity). You must be 16 years or older to register for the Service. By clicking on the “I accept” button, you confirm to us that you are at least 16 years of age.These terms and conditions may be changed at any time by us and we are not under any obligation to notify you of such changes.
2. Definitions
In these terms and conditions:-
1. “Commencement Date” means the date when our agreement with you is concluded (see clause 3.3);
2. “Confirmation Form” means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you;
3. “Consumer” means an individual whose use of the service is for personal purposes only, and not for use in connection with any trade, business or profession;
4. “Order Form” means the form completed by you online and showing details of the goods which you have offered to purchase from us;
5. “Goods” means the goods to be provided by us to you, as described in the Order Form and Confirmation Form and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form Confirmation Form, the description on the Order Form or Confirmation Form shall be conclusive);
6. “we/us/our” refers to Drooth Limited, a company incorporated in England (registered number 6787836) and having our registered office at 7&8 Church Street, Wimborne, Dorset, BH21 1JH; Company Registration Number: 6787836 VAT number: GB 944 263223 and FR57841860299
7. “you/yours” refers to you, the person offering to purchase goods from us.
8. "agreement" refers to a contract with the individual.
3. Your Agreement with Us
1. These terms and conditions, together with the Order Form, Confirmation Form, Privacy Policy, constitute the entire agreement between you and us relating to the provision of the Goods (“the Agreement”), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these terms and conditions.
2. Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.
3. The Agreement is concluded only when we have accepted your order by sending you a Confirmation Form (with the date of conclusion of the Agreement being the date shown on that Confirmation Form).
4. General
1. Payment can be made using any of the methods listed on this web site and will be debited when we have accepted your offer to purchase.
2. All prices are quoted in UK Pounds or Euro's and include VAT where applicable.
3. Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase and a full refund will be given.
4. Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.
5. Goods purchased and delivered to Northern Island are for personal use only and not for resale.
Returns Policy
Changed your mind? If the shoes are not a suitable fit or if you simply do not like them, you have up to 30 days to return them to us. All we ask is that you send them back in the unused condition that you received them in and in their original box. Please complete the returns form contained with your order. Please pack the shoes carefully in their original box, secure an outer wrapper (please do not attach tape directly to the box) and send them back clearly addressed to:
KickBack Shoes,
17C Factory Road,
Poole,
BH16 5SN
UK
You can also contact us on via email at info@kickback-shoes.com for further assistance to return any item(s).
Please use some form of registered/tracked post in case you need to track your parcel. If the item is faulty or if we’ve made a mistake with your order, we will be able to offer a refund or an exchange and reimburse your postage costs if applicable. We’re really sorry, but we’re unable to take back used goods which are unsuitable or don’t fit or reimburse the postage costs incurred returning unused/unsuitable items to us. This is in addition to, and does not affect, your consumer rights.
KickBack reserves the right to refuse a refund or exchange if the goods are deemed to have been damaged, worn or tampered with. We also withhold the right to deduct a £5 fee from any refund if the original box is damaged (tape/labels and stickers included). This does not affect your statutory rights.
5. VAT
Our prices in the European Union include the relevant VAT where applicable, excluding Cyprus. Orders shipped to countries outside the EU may be subject to additional Sales Taxes and Import Duties,
6. Distance Selling Regulations
We are obliged by law to provide you, prior to the delivery to you of the goods which you have purchased, with certain information in relation to those goods and your rights in relation to the agreement with us. This information appears throughout these Terms and Conditions, but is summarised in the Confirmation Form.
7. Right to Cancel this Agreement
Under the Consumer Contracts Regulations, you have 14 working days from the Commencement Date (“the cooling-off period”) in which to cancel this Agreement if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us. If you wish to cancel the Agreement under the Distance Selling Regulations, you must notify us of this fact in writing and send your notification to us by e-mail or post within the cooling-off period. Full contact details are set out below. On cancellation, you must return the Goods that we have delivered to you. On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods. Unless you originally received substitute goods, you will be liable for the costs of returning the Goods to us, and we will not re-imburse you for this. You should return such Goods back to us as follows:-
KickBack Shoes,
17C Factory Road,
Poole,
BH16 5SN
UK
Goods must be adequately sealed in the original packaging. Please note that the Royal Mail may reject any package that is not adequately wrapped; fully complete the returns form included with the delivery package, this will ensure that you receive your refund or replacement goods promptly; please make sure that you have addressed the package clearly with the above address. Make sure that you get a certificate of posting from the Post Office as proof that you have sent the package (the Post Office do not charge for issuing these certificates).
8. Limitation of Liability
IMPORTANT: THIS CLAUSE CONTAINS PROVISIONS WHICH RESTRICT THE EXTENT TO WHICH WE ARE LIABLE TO YOU FOR ANY LOSS YOU MAY SUFFER IN CONNECTION WITH THE GOODS. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE.0. Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.
1. Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.
2. To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.
3. We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites.
4. All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.
5. Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.
6. No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.
7. Every provision of this clause excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.
9. Indemnity
IMPORTANT: IN THIS CLAUSE YOU AGREE THAT YOU WILL BE LIABLE FOR ANY LOSS WE (OR CERTAIN PEOPLE CONNECTED WITH US) SUFFER AS A RESULT OF BREACH OF THE AGREEMENT BY YOU OR BY CERTAIN PEOPLE CONNECTED WITH YOU. PLEASE READ IT CAREFULLY AND DO NOT MAKE AN OFFER TO PURCHASE THE GOODS UNLESS YOU AGREE TO THIS CLAUSE. You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.
10. Website Content
We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website. The Confirmation Form is conclusive as to the Charges and the description of the Service. Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavours to rectify any errors as swiftly as possible.
11. Complaints
We take all feedback very seriously and aim to deal with complaints as quickly and effectively as possible.
For complaints relating to orders placed through our website please email customer services To assist us in dealing with your complaint, please detail all aspects of the complaint, your order number and your contact details.
12. Contact Details.
If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, e-mail us at info@kickback-shoes.com or write to us at:
KickBack Shoes,
17C Factory Road,
Poole,
BH16 5SN
UK
We shall respond to any communication received by us as quickly as we can.
13. Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you access our website