Our terms and conditions

1. Definitions

   1. When the following words with capital letters are used in these terms and conditions (Terms), this is what they will mean:
      1. Event Outside Our Control: is defined in clause 10;
      2. Goods: the goods that We (as defined below) are selling to you as set out in the Order;
      3. Order: your order for the Goods; and
      4. We/Our/Us: being Fat Kyds Limited a company incorporated and registered in England and Wales with company number 06985427 whose registered office address is 21-27 Lamb’s Conduit Street, London WC1N 3GS, United Kingdom.
   2. When We use the words writing or written in these Terms, this will include email unless We say otherwise.

2. Our contract with you

   1. These Terms comprise the terms and conditions on which We agree to supply Goods to you.
   2. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you confirm and submit the Order. If you think that there is a mistake or require any changes, please contact Us immediately to discuss.
   3. When you confirm and submit the Order to Us, this does not mean We have accepted your order for Goods. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Goods, We will inform you of this as soon as possible and We will not process the Order.
   4. These Terms will become binding on you and Us when We issue you with a written acceptance (which can take the place of a written confirmation which We send you by email) of an Order, at which point a contract will come into existence between you and Us.
   5. We shall assign each Order with a number (which shall be clearly marked on the Goods) and inform you of it when We confirm the Order. Please quote the number in all subsequent correspondence with Us relating to the Order.
   6. 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 your computer’s display of the colours or printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.

3. Changes to order or terms

   1. Subject to clause 14.6, We may revise these Terms from time to time in the event of any changes in relevant laws or regulatory requirements or otherwise at Our sole discretion.
   2. If We have to revise these Terms under clause 3.1, We will give you at least 14 days’ written notice of any changes to these Terms before they take effect in the event that you have placed an Order and the revised Terms will, or may otherwise have the potential to, affect your Order prior to delivery. You may cancel the contract in accordance with clause 11.
   3. Once an order has been submitted you cannot change or cancel this order.
   4. If you wish to cancel an Order before it has been fulfilled, please see your right to do so pursuant to clause 11. In the case of made-to-measure Goods, unfortunately, because We make these Goods to your specific requirements, you will not be able to cancel an Order once it is made.

4. Made-to-measure goods

   1. In the event your Order includes any made-to-measure Good, please note that We make the Goods according to the measurements you provide Us. You can find information and tips on how to measure on Our website, or by contacting Us.
   2. Please make sure your measurements are correct and accurate. Unfortunately, We cannot accept the return of made-to-measure Goods if the reason for the return is because you provided Us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are not as described.

5. Delivery of goods

   1. Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods and your address. Please allow for extra time for deliveries to addresses outside the UK.
   2. On the placing of your Order, We will confirm the delivery date with you save unless delivery is to an address outside of the UK were We will use Our reasonable endeavours to confirm the delivery date to you. You will appreciate that We rely on third party delivery service providers and therefore cannot provide any guarantee of delivery dates and times when shipping to addresses outside the UK. Occasionally Our delivery to you may be affected by an Event Outside Our Control (as defined in clause 10). Please see clause 10 for Our responsibilities when this happens.
   3. Delivery of an Order shall be completed when We deliver the Goods to the address you gave Us and the Goods will be your responsibility from that time.
   4. You own the Goods once We have received payment in full.

6. If the goods are NOT AS DESCRIBED

   1. As a consumer, you have legal rights in relation to Goods that are not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

7. Goodwill guarantee of goods

   1. If you are unhappy with the Goods for any reason, you may return them to Us at your own cost within fourteen days of receipt. We will refund you the price you paid for the Goods.
   2. This guarantee is in addition to your legal rights in relation to the Goods that are not as described.
   3. Please refer to the refunds & exchange information in the Shop for further details.

8. Price and payment

   1. The price of the Goods will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you.
   2. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
   3. The prices for the Goods exclude delivery costs, which will be added to the total amount due.
   4. It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. We will normally check prices as part of Our despatch procedures so that, where the Goods’ correct price is less than Our stated price, We will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on Our website, We will contact you to tell you and for your instructions. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Goods to you at the incorrect (lower) price.
   5. Where We are providing Goods to you, you must make payment for Goods in advance by credit or debit card. We accept payment with American Express, Maestro, Mastercard, Visa and Visa Debit.
   6. If you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it.

9. Our liability to you

   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 the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
   2. We only supply the Goods for private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   3. We do not exclude or limit in any way Our liability for:
      1. death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      4. breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
      5. defective products under the Consumer Protection Act 1987.

10. Events Outside Our Control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
    2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
    3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
       1. We will contact you as soon as reasonably possible to notify you; and
       2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
    4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Goods. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than four weeks in accordance with Our cancellation rights in clause 11.

11. Your rights to cancel and applicable refund

    1. Before the Goods are delivered, you have the following rights to cancel an Order for Goods (other than made-to-measure Goods), including where you choose to cancel because We are affected by an Event Outside Our Control or We change these Terms under clause 3.1 to your material disadvantage:
       1. Once you have submitted the order, we will not be able to cancel this order until it has been delivered. In this case, if you return the Goods to Us, you will have to pay the cost of returning the Goods back to Us. This will not affect your refund for the Goods themselves but we will not refund any charges for delivery.
    2. Unfortunately, as the made-to-measure Goods are made to your requirements, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are not as described).

12. Our rights to cancel and applicable refund

    1. We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
       1. we will promptly contact you to let you know;
       2. if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
       3. where We have already started work on your Order for made-to-measure Goods by the time We have to cancel under clause 12.1.1, We will not charge you anything and you will not have to make any payment to Us.

13. How we may use your personal information

    1. We will use the personal information you provide to Us to:
       1. provide the Goods;
       2. process your payment for such Goods; and
       3. inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
    2. We will not give your personal data to any third party.

14. Other important terms

    1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms
    2. 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
    3. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
    4. These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland
    5. Your use of the Site itself is subject to Our website Terms of Use. You should also read Our Privacy Policy
    6. We reserve the right to change these Terms from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.

If you have any queries please contact us here.

Terms of website use

These terms of use (together with the documents referred to in it) (terms) tell you the terms of use on which you may make use of our website fatkyds.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing or registering to use our site.

Please read these terms carefully before you start to use our site, as these will apply to your use of our site.

By using our site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

Other applicable terms

These terms also refer to our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

If you purchase goods from our site, our Terms and Conditions of supply will apply to the sales.

Changes to these terms

We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

Your account and password

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. 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 reasonable opinion you have failed to comply with any of the provisions of these terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at theword@fatkyds.co.uk.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off copies, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

If you are a business user, please note that in particular, we will not be liable for: (a) loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; or (e) any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and Conditions of supply.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact theword@fatkyds.co.uk.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact us

To contact us, please email theword@fatkyds.co.uk.

Thank you for visiting our site.

General

Fat Kyds Limited is a company registered and incorporated in England and Wales with company number 06985427 whose registered office address is:

Our VAT registration number is 162747984

Any formal legal notices should be sent to us at the address above by post. You can also send a copy via email to the following address: theword@fatkyds.co.uk.

You and we agree that English law applies to these Terms and that any dispute between us arising out of or in connection with these Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.

Privacy Policy

Fat Kyds Limited (We) are committed to protecting and respecting your privacy.

This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting fatkyds.co.uk you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Fat Kyds Limited whose registered office is at 21-27 Lamb’s Conduit Street, London WC1N 3GS.

Information we may collect from you

We may collect and process the following data about you:

• Information you give us. You may give us information about you by filling in forms on our site at fatkyds.co.uk (our site) or by corresponding with us by phone, email or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site and when you report a problem with our site. The information you give us may include your name, address, email address and phone number, financial and credit card information, personal description and photograph,
• Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
  1. technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
  2. information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
• Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, and analytics providers) and may receive information about you from them.

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

Uses made of the information

We use information held about you in the following ways:

• Information you give to us. We will use this information:
  1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  2. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
  3. to provide you, or permit selected third parties to provide you, with information about goods or services we feel may be of interest to you. If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
  4. to notify you about changes to our service; and
  5. to ensure that content from our site is presented in the most effective manner for you and for your computer.
• Information we collect about you. We will use this information:
  1. to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  2. to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
  3. to allow you to participate in interactive features of our service, when you choose to do so;
  4. as part of our efforts to keep our site safe and secure;
  5. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  6. to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
• Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of your information

We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may share your information with selected third parties including:

• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
• Analytics and search engine providers that assist us in the improvement and optimisation of our site.

We may disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Fat Kyds Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or our Terms and Conditions of supply and other agreements; or to protect the rights, property, or safety of Fat Kyds Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Gayatri@fatkyds.co.uk

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to theword@fatkyds.co.uk.