Terms and Conditions.
TERMS AND CONDITIONS
Welcome to the website of Kickingtheballs.com, owned and operated by Kickingtheballs Ireland. For the purpose of these terms and conditions we will refer to ourselves as KITB
Please read the following terms and conditions carefully before using this website. By using this website or any sub-site accessible on this website, the user ("user" or "you") accepts, without limitation or qualification, the Terms and Conditions set out below and any additional Terms and Conditions set out in any sub-site. If you do not agree to these Terms and Conditions, you should exit the website , you should fully read the terms and conditions before making a purchase from us.
Ownership and Operation
KITB is operated by Kickingtheballs of 38/39 Fitzwilliam Square, Dublin 2, Ireland. ("KITB" or “us or we”) and your contract is with
You will need to register with to place an order for products through this website.
In return for allowing you to use the KITB website and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation KITB has is immediately null and void.
Conditions of Registration
If you are under 18, you must ask your parents or a guardian before you:
- 1. E-mail the website, or ask KITB to e-mail anything to you;
- 2. Send in any information to KITB
- 3. Buy anything online
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. PLEASE NOTE that all minors are asked to discuss these terms and conditions with their parents before they complete the registration process.
In situations where KITB gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.
These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of non-exclusive competent jurisdiction.
Website Terms and Conditions
All content included on this website including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof is the property of KITB or its content suppliers and is protected by UK and international copyright laws. All software used on this website is the property of KITB and is protected by UK and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with KITB and using this website as a shopping resource only. Any other use of materials on this website including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without the prior written permission of KITB is strictly prohibited. This would include image grabbing to make a third party sales website.
KITB do not class autographs as artistic works and therefore do not recognize the existence of automatic copyright in the appearance of a particular autograph. Furthermore the UK courts do not recognise the existence of automatic personality rights in the U.K. As a responsible company KITB do welcome enquiries from anyone who feels that their copyright is being breached , we will take decisive swift action to remedy, which may result in a particular display being withdrawn.
Some of our D.I.Y Framing kits require you customer to email a picture in for us to print and affix into the display, by sending KITB an image, you the customer are agreeing that you have permission to use this image from the copyright holder. KITB will not be held liable for any claims arising from the customer using copyrighted images. Liability rests totally and wholly with the customer to ascertain as to whether permission is required and to obtain that said permission before furnishing an image to KITB for printing.
Notification of Copyright Infringement
KITB will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice (“Notice”) containing the following elements:
- A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
- A description of the location of the material that you claim is being infringed;
- Information sufficient to permit KITB to contact you, such as your physical address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
- A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.
You can notify KITB of any claims of copyright infringement at the following address:
KITB and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of KITB. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. You are not permitted to use the KITB Trademarks or Third Party Trademarks without the prior written consent of or such third parties that may own the Trademarks
Our displays fall within trademark category class 20 which is Furniture, mirrors, picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum or plastic which are not included in other classes; garden furniture; pillows and cushions before we offer a display for sale we research category 20 to ensure we are not breaching anyone's registered trademark. However If you believe we are please contact us and we will take immediate remedial action
For further information on intellectual property matters contact us, we work closely with one of the leading UK Barristers on copyright and trademark Law and we have written legal opinions concerning our business model and the production of the displays which we sell.
Content Supplied by Users
If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which KITB uses such material.
Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by KITB anywhere in the world, in any medium, in perpetuity.
Amending The Terms And Conditions Of Use
KITB may add to, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions, a notice will be published on the home page of the KITB website notifying users that such changes have been made. By continuing to use this website after the publication of such a notice, you are indicating your acceptance of those changes. KITB may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
Use of the Site and Goods Purchased to Sell on.
You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission. If you do buy goods to sell commercially it is your responsibility to describe the goods as we describe them to you , this, not only includes our description on the item page but also includes subsequent information found in these terms and conditions, you must not misrepresent our products , liability rests solely with the purchaser for any "passing off "or "misrepresentation" or any other losses incurred as a result of your selling description . Any warranty is with you the original purchaser , warranty does not transfer If you sell on.
KITB are inventors of a number of technologies that are world firsts. We have opted to protect these processes, technologies and inventions under the trade secrets legislation. Therefore we will not entertain any enquiries that we believe will jeopardise or compromise our intellectual property. All the autographs contained within our displays are genuine examples of the person or persons depicted , we are not autograph dealers but the master autographs we use are from good sources and therefore we are confident that they are genuine examples . We do extensive research on all the autographs we use in our displays. If it proven that the example we have used is not genuine we are happy to replace that display. The autographs we use are all mechanically pen signed and not screen printed, they are not hand signed by the person or persons depicted and you must not induce yourself or others to believe that this is the case. Any liability rests with you the purchaser to describe goods accurately that you sell or pass on to others. Some of our displays contain what may appear to be a shirt. Other than what you can see in the display you must not induce yourself or others to think that the shirt can be removed, worn or reframed, it cannot . You must not induce yourself or others to believe that the display contains a full and complete shirt. You must not induce yourself or others to place any value in the shirt the monetary value is £0.00 (zero). Opening and reframing the display or other reverse engineering is forbidden and any tampering will invalidate any warranty, returns or claims with KITB.
KITB may provide links to websites owned by KITB and associated companies from time to time and/or websites that are owned by third parties that are not connected with KITB including other websites owned by KITB .All links are provided for your convenience only. Access to websites that are owned by third parties is at your own risk and none of KITB has any responsibility or liability for such third party websites.
KITB will use all reasonable endeavours to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.
Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of KITB and if KITB is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and KITB shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term 'force majeure' shall be deemed to include any cause affecting the performance by KITB of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of KITB and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
KITB reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.
You agree to indemnify, defend and hold KITB , all of their associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by KITB as the case may be, in defence of any claim. KITB reserve the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of KITB.
We may amend this website and our services in any way and at any time with or without notice to you.
Complaints and Comments
If you have any complaints or comments about our website or any of the products supplied to you, please contact KITB through the Contact Us section on the website. Alternatively, you can email us at Sales@kickingtheballs.com
Limitation Of Liability
To the fullest extent permitted by applicable laws, KITB nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even When KITB have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall KITB total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
This website and its contents are provided without any representations or warranties of any kind, either express or implied. KITB, disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, KITB do not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.
We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.
Terms and Conditions of Purchase
Your order is accepted and a contract is formed when we dispatch the goods you have ordered and not before. For instance, a contract is not formed at the point when we take payment for the goods you have ordered, nor when you receive our confirmation of your order. Until the goods are dispatched we may reject, and you may cancel, the order.
Exceptions apply to orders for personalised items and goods made to your order which, in most cases, cannot be cancelled by you once you have received email confirmation of your order. Following formation of the contract we shall continue to own any goods ordered until we have received payment in full from you even though the goods may have already been delivered to you.
Any goods supplied will conform to the contract.
The Help Section tells you how to order and pay for products. It also addresses any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance. By purchasing from us you fully agree to represent the product as it was sold to you .
Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts. KITB reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.
Pre-Ordering items from KITB
KITB will pre-authorise and charge for all pre-ordered displays at the time the order is placed. The reason is to ensure that stock is allocated against your order and to provide sufficient time to pick, pack and produce the display (where applicable) in time for the launch date. It is also sometimes necessary for the customer to confirm details contained within the order.
As the Brexit situation unfolds we will update these terms and let you know by mail when we have done so.
If you have IP registered with Euro or other worldwide registers that you believe KITB contravenes, please do get in touch, as a responsible and ethical company that holds many Intellectual rights of its own, we will remove products that you believe contravene any artistic or other I.P rights that you hold worldwide. Please get in touch with the relevant IP reg numbers, and we as always will take swift remedial action. Contact: firstname.lastname@example.org