Terms & Conditions
Last updated: 22 May 2023
1. THESE TERMS
1.1 What these terms cover. These terms, together with any information, policies or other documents referred to in them (“Additional Documents”), are the terms and conditions on which Kondor Kidz (“we” or “us”) lends children’s golf clubs (“Goods”) to you, through our online marketplace (the “Service”).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions in relation to these terms, please contact us to discuss.
1.3 Changes to these terms. We may update these terms (and any Additional Documents) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them to KondorKidz.com (the “Site”). You should review the terms periodically for changes. By using the Service you agree to be bound by these terms. If you do not agree to these terms then please do not use the Services or any part of them.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Kondor Kidz, a company registered in England and Wales. Our company registration number is 14420012 and our registered office is at Orchard House, Bix, Henley on Thames, RG9 6DB. Our registered VAT number is 428330214.
2.2 How to contact us. You can contact us by writing to our customer service team at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. ACCESSING THE SERVICES, AND OUR CONTRACT WITH YOU
3.1 Subscription. The Service is made available to you when you create an account with us. Once you have created an account, you can apply for a Subscription (“Subscription”). By applying for a Subscription, you confirm that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
3.2 How we will accept your order. Our acceptance of your Subscription application will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Subscription.
3.4 Your order number. We will assign an order number to your Subscription and tell you what it is when we accept your order. It will help us if you can tell us your order number if you contact us with a query about it.
3.5 Accuracy of information. It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before submitting your subscription order.
3.6 Availability of the Services. We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period. From time to time, we may restrict access to any or all of the Services, to users who have registered with us.
3.7 Security of information. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
3.8 We only sell to the UK. Our website is solely for the promotion of our Goods in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
4. THE SERVICES
4.1 Information and Policies. For full information about the Services, including pricing (and other fees), Subscription periods and cancellation policies, please see our FAQs. Our FAQs may be amended from time to time without notice to you. You should check the FAQs for any changes.
4.2 Payment for the Services. You are solely responsible for:
(a) the fee for any Subscription that you order and is not cancelled in accordance with our cancellation policy;
(b) the price of any Goods that are not returned in accordance with our FAQs; and
(c) any fees incurred by you because Goods are lost or broken.
4.3 Returning Goods. You agree to return Goods to Kondor Kidz in line with our refund policy as per our website.
4.4 Care of the Goods. You agree that you shall:
(a) take reasonable care of the Goods;
(b) notify us as soon as reasonably possible of any loss and/or damage to the Goods; and
(c) return the Goods to us in good condition (fair wear and tear excepted).
4.5 If you have any questions or complaints about the Goods, please contact us. You can write to us at email@example.com
5. PRICE AND PAYMENT
5.1 Price. The price of a Subscription and any delivery charges will be as quoted on the Site and/or in our FAQs from time to time, except in cases of obvious error. Subscription prices include VAT. In the event of any conflict between the price displayed on the Site and the price stated in the FAQs, the price displayed on the Site will prevail.
5.2 Payment Methods. A Subscription may be paid for using the payment methods we make available from time to time through our payment facility. When you purchase a Subscription, you hereby authorise Kondor Kidz to charge your payment card (“Payment Method”) for the Subscription fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to Kondor Kidz and notifying Kondor Kidz of any changes to such information. You can change your payment method by logging into your account, or you can contact us at firstname.lastname@example.org Kondor Kidz will charge your Payment Method the amount of the Subscription fee immediately upon acceptance of your Subscription order.
5.3 Third party payment processor. We use a third party payment processor (the “Payment Processor”) to charge you through a payment account linked to your account (your “Billing Account”). By purchasing a Subscription, you agree to pay us, through the Payment Processor, all applicable charges for your Subscription (including any renewal or extension of your Subscription) in accordance with the applicable payment terms, and you authorise us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorise us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel a Subscription in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
5.4 Renewal of your Subscription. Unless and until you cancel your Subscription it will automatically renew at the end of each Subscription period (“Subscription Period”). You agree to pay all recurring charges prior to cancellation. For more information on how to cancel your Subscription, please see clause 8 (How to Cancel your Subscription).
5.5 Late Fees. If you wish to cancel your Subscription, you must first return any Goods to us that you are holding. You may be charged a fee if your Subscription expires due to lack of payment and you have not returned any Goods to us prior to the date of expiry. For full information regarding any late fees, please see our FAQS . You hereby authorise us (or our third party payment processor) to charge to your Payment Method such late fees as may be payable in accordance with our FAQs. Any late fees specified in our FAQs represent a genuine pre-estimate of Kondor Kidz ‘s loss in the event of a relevant breach by you of these terms and conditions, and do not impose a detriment on you which is disproportionate to the legitimate interests of Kondor Kidz in the enforcement of your obligations under these terms and conditions.
6. INTELLECTUAL PROPERTY RIGHTS
We own, or are the licensee to, all right, title and interest in and to the Site and Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.
You must not extract or otherwise use any of the content on the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors. You may not use our trade names, trademarks, service marks, or logos in connection with any Goods or service that is not ours, or in any manner that is likely to cause confusion. Nothing included in the Site or Service should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
We respect the intellectual property rights of others. If you believe that any of your intellectual property rights have been infringed on the Site, please contact us at email@example.com to report the concern.
7. DELIVERY OF THE GOODS
7.2 We are not responsible for delays outside our control. If our supply of the Goods 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. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received.
7.3 If you are not at home when the Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, the delivery company will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
7.4 If you do not re-arrange 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 Subscription.
7.5 When you become responsible for the Goods. The Goods will be your responsibility from the time we deliver the Goods to the address you gave us.
7.6 Goods may vary slightly from their pictures. The images of the Goods 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 Goods. Your Goods may vary slightly from those images.
8. HOW TO CANCEL YOUR SUBSCRIPTION
8.1 Your legal rights (Consumer Contracts Regulations 2013). Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) you have the right to cancel your Subscription, for any reason, no later than the end of 14 days after the day on which the contract is formed between us (the “Cooling-off Period”).
8.2 If you wish to exercise your right to cancel in accordance with clause 8.1, you must contact us to let us know that you are doing so or follow the cancellation policy on your account. You may do this through the Website or by emailing us at firstname.lastname@example.org or by making any other clear statement to us setting out your decision to cancel your Subscription. We will send you an acknowledgement of receipt by email.
8.3 If you exercise your right to cancel your Subscription in accordance with clause 8.1, the contract between us will come to an end and, save as set out in clauses 8.4 and 8.5, we will reimburse to you all payments received from you for your Subscription. We will make this reimbursement no later than 14 days after the day on which we are informed about your decision to cancel your Subscription. We will make the reimbursement using the same means of payment you use to pay for your Subscription, unless you expressly agree otherwise.
8.4 If you order any Goods during the Cooling-off Period then we shall deduct from the amount to be reimbursed to you an amount to reflect the supply of the Goods for the period in which it is supplied (including the cost of any delivery and returns), ending with the time when you have informed us of your decision to cancel the contract, provided that you have complied with clause 8.5.
8.5 If you choose to cancel your Subscription under this clause 8, then you must send the Goods back to us without undue delay. If you fail to do this, we are entitled to deduct from the amount to be reimbursed to you under clause 8.4 an amount to reflect the additional days that such Goods remain in your possession.
8.6 Ending your Subscription after the time for changing your mind has passed. You may close your Account or terminate your Subscription anytime after your initial 3-month period. You must return all Goods in your possession in accordance with these Terms no later than the expiry of your then-current Subscription Period or the return date notified to you in writing (whichever is earlier) to avoid your subscription renewing, and/or incurring any other additional charges, including late fees. Please see our FAQs for more information regarding how to Cancel your account or your Subscription.
8.7 Tell us you want to end the Subscription. To cancel your Subscription with us, please let us know by doing one of the following:
(a) Email. Email us at email@example.com Please provide your name, home address, email address, details of the order and, where available, your phone number.
(b) Through your online account. Go onto your account and follow the step by step process for cancellations.
8.8 Returning Goods if you wish to end your Subscription. If you wish to cancel your Subscription (other than in line with clause 8.1), you must first return any Goods to us that you are holding. You may be charged a fee if your Subscription expires due to lack of payment and you have not returned any Goods to us prior to the date of expiry (see clause 5.5 – Late Fees). Please visit ‘Your account‘ in your account, select all of the items you are holding and choose ‘Return Items’. We will send you a postage label which you can use to return the Goods. We will not provide packaging in this case, but please use our reusable packaging if you have it.
8.9 When we will pay the costs of return. We will pay the costs of return:
(a) if the Goods are faulty or misdescribed; or
(b) if you are ending the Subscription because of an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.10 How we will refund you. Any refund we make to you will be by the method you used for payment. The value of the refund will be the cost of your Subscription less the costs of return (other than in the circumstances described in clause 8.10(a) to (c), in which case the value of the refund will not be deducted).
8.11 When your refund will be made. We will make any refunds due to you as soon as possible. Please see clause 8.3 if you are exercising your right to change your mind.
9. DISCOUNTS AND SPECIAL OFFERS
9.1 From time to time, we may offer discounts and/or special offers. You may only use any discount and/or special offer that we make available once per household.
9.2 We reserve the right to cancel and/or withdraw any discount and/or special offer at any time. We also reserve the right to cancel your Subscription if we suspect any fraud.
10. OUR LIABILITY
10.1 Nothing in these terms and conditions shall:
(a) restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards office or Citizen’s Advice Bureau);
(b) exclude or limit our liability for death or personal injury resulting from our negligence;
(c) exclude or limit our liability for fraud or fraudulent misrepresentation;
(d) exclude or limit our liability for defective products under the Consumer Rights Act 2015; or
(e) exclude or limit our liability for any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.2 Subject to clause 10.1, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of your Subscription(s) and, subject to condition 10.3, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. We are not responsible for any loss or damage that is not foreseeable at the time the order for your Subscription is accepted by us.
10.3 Subject to clause 10.1, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss or corruption of data, information or software; or waste of management or office time. However, this clause 10.3 will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in this clause 10.3.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
12. OTHER IMPORTANT TERMS
12.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2 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.
12.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 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.
12.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Goods in either the Northern Irish or the English courts.