LIMITATION OF LIABILITY

 

As a condition of using this website, you agree to indemnify us from and against all liability, costs (including legal costs), and damages arising from claims related to your use of this website, including – but not limited to – claims alleging facts which, if true, would constitute a breach of these terms and conditions by you.

Subject to the following subclauses, in no event shall the total liability of either party to the other party (whether under contract, tort (including negligence) or otherwise) and with respect to all claims, losses and damages arising out of or related to these general terms and conditions:

 

Provided that this remains subject to an overall limit of the total amount paid to KCR under a confirmed order, the above limitations of liability shall apply with respect to (all indemnities provided by either party under this Agreement, including – but not limited to – the indemnities under Clause 12 Intellectual Property).
The liability of either party to the other party under contract, tort (including negligence), misrepresentation (whether in good faith or negligent), breach of statutory duty or otherwise, arising out of or in connection with these terms and conditions, shall in no event extend to any loss of profits, loss of business opportunities, loss of goodwill, loss of data, loss of anticipated savings or any special, indirect or consequential damage or loss of any kind whatsoever.
The parties agree that the limitations of liability contained in these terms and conditions are reasonable, having regard to their respective commercial positions and their ability to obtain appropriate insurance regarding the risks.
Notwithstanding the foregoing or any other limitations and exclusions of liability contained in these General Terms and Conditions, neither party shall exclude or limit any liability for: fraud or fraudulent misrepresentation; any breach of obligations arising under Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982 or the Consumer Rights Act 2015; or any other liability which cannot be excluded or limited by law.

 

FORCE MAJEUR

We are not liable or responsible for non-performance or delay in the performance of our obligations under an agreement if this is caused by events beyond our reasonable control.

 

A force majeure situation comprises any act, event, non-event, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

Strikes, lockouts or other labour disputes;
Civil unrest, riots, invasion, terrorist attack or threat of a terrorist attack, war (whether declared or not) or threat or preparation of war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Inability to use railways, shipping, air transport, road transport or other means of public or private transport;
Inability to use public or private telecommunication networks;
Acts, decisions, legislation, regulations or restrictions of any government;
And pandemic or epidemic.

Our obligations under an agreement shall be deemed suspended for the duration of the force majeure situation, and we shall be granted an extension of the performance period for the duration of that period. We shall use reasonable efforts to terminate the force majeure situation or to find a solution whereby our obligations under the agreement can still be fulfilled despite the force majeure situation.

 

RETURNS & REFUNDS

 

Our return policy applies to all purchases made at KCR and forms an integral part of these General Terms and Conditions by reference.

 

 

Return Policy

 

If you are not completely satisfied with the purchased product, you can return it for a refund within the statutory cooling-off period of 14 days.

You can decide for yourself whether to return an item for a refund, but your return must be posted (with a postmark) within 14 days of receiving your order. The value of the refund is limited to the total cost of the returned items.

Please note that when you return an item, a fee of £3.49 will be deducted from the refund amount. This fee applies per return, so please ensure you return all items from your order in one package to avoid double charges. This applies exclusively to orders within the United Kingdom.

If you wish to return a product to us, either on the basis of rights granted by regulations or because you believe the product is damaged or defective, and you invoke your statutory rights and/or believe the product is covered by our warranty, you must not use the product further. Use of the product may, outside of statutory provisions, lead to a reduction in the amount of the refund to which you may be entitled. 

To initiate a return within 14 days of receiving your order, the following procedure must be followed: Go to https://clubllondon.com/pages/returns ; address your package after you have received the return details from us, and contact us if your item is defective or incorrect.

Quality control/assessment takes place as soon as the items have been received by us.

Upon receipt and inspection, you will receive an email (including your return reference number) confirming further steps, if necessary.

We will refund the amount paid by you corresponding to the full cost of the returned items. Refunds can only be processed using the same payment method you originally used for your purchase (e.g. card, PayPal, Klarna, Clearpay).

 

COPYRIGHT

 

This website and its content are the copyrighted property of KCR. All rights reserved.

 

INTELLECTUAL PROPERTY

 

KCR ("KCR") respects and strictly adheres to intellectual property laws. Accordingly, KCR expects the same from all parties using our website. KCR and/or its affiliates are the owner or lawful licensee of all content (including but not limited to designs, logos, color schemes, graphic elements, graphic styles, text, images, and video/audio clips) displayed on this website. Any unauthorized copying, publication, reproduction, or distribution of copyrighted material constitutes an infringement of the rights of the copyright holder and is therefore prohibited. You may not distribute or commercially exploit the content without our express prior written permission (under conditions we deem appropriate). Nor may you transmit the content or store it on another website or any other electronic storage system.

 

Any unauthorized use of KCR’s property – including (without limitation) patents, trademarks, service marks, logos, slogans, screenshots, graphics, graphics styles, designs, blog posts, copyrighted material or other branded features (“KCR Property”) – without the prior written consent of KCR is strictly prohibited. If you infringe upon KCR’s rights with respect to such property, you will be ordered to cease this illegal activity and may be held liable for all damages (including recovery of legal costs and expenses) that KCR suffers and/or incurs as a result of your infringement.

 

If you are a rightful copyright owner and believe that your rights have been infringed in any way by the content or services on this website, please notify us via:

 

CLUB L LONDON
Building 1 Think Park,
Mosley Road,
Trafford Park,
Manchester,
England,
M17 1FQ
Email: nl.care@clubllondon.com

We reserve the right to make changes to the products or services mentioned on this site at any time and without prior notice.

 

APPLICABLE LAW

 

These Terms and Conditions and your use of this site are governed by and interpreted in accordance with English law.

Please note: nothing in these terms of sale affects your statutory rights in any way.

 

DIGITAL GIFT CARDS

 

Digital gift cards are redeemable for all products for 5 years from the date of purchase. If the balance is not redeemed within 5 years of purchase, the balance expires and can no longer be used. To prevent loss of balance, ensure that it is spent within this period. KCR cannot be held liable if the purchaser of the gift card sends the gift card to an incorrect email address or the wrong person; therefore, always check the recipient's details before sending the gift card.

 

Digital gift cards are sent exclusively by email to the designated recipient and can be redeemed using the code displayed via the link in the email. Digital gift cards purchased via the Club L App can currently only be sent to the buyer themselves.

If the gift card has been provided by us as a gesture of goodwill, it is valid for 1 year.

CONTACT INFORMATION

 

Questions regarding these general terms and conditions can be directed to: nl.care@clubllondon.com

 

CONDITIONS FOR PROJECT AWARD

 

A. DEFINITION AND INTERPRETATION

 

1.1 In these terms and conditions, the following definitions apply:

"Working day" means a day that is not a Saturday, Sunday, or official public holiday/bank holiday in England.

"Company" means KCR, registered in England and Wales under company number 06109979, established at:

CLUB L LONDON
Building 1 Think Park,
Mosley Road,
Trafford Park,
Manchester,
England,
M17 1FQ

"Business Products" means the products manufactured by the Enterprise and marketed by KCR, including – but not limited to – the garments specified in the Project Assignment; "Competitive Products" means any product that is not a Business Product; "Competitor" means any enterprise listed in clause 1.5 of the Project Assignment; "Fees" means the amounts as set out in clause 5 of the relevant Project Assignment;

"Influencer channels" means the social media, platforms, and channels managed by the Influencer and on which the Influencer agrees to distribute the Influencer materials, as further described in the relevant Project Assignment;

"Influencer Materials" means all content and materials produced by or on behalf of the Influencer as a result of the performance of the Services, in which the Company and/or its Products are displayed, recommended and/or otherwise mentioned or referred to (including texts (including social media posts), blogs, vlogs, audiovisual recordings, sound recordings, photos or images as described in the Project Assignment), in any medium or in promotional, sponsorship, advertising or marketing material relating to the Company Products in any media whatsoever;

"Influencer image rights" means the name, likeness, branding, image, voice or signature of the Influencer, content relating to the Influencer, copyrighted material, data and biographical information.

"KCR" means the online fashion business of that name, owned and operated by the Enterprise;

"Products" means fashion designed, manufactured, and sold by KCR;

"Project Assignment" means a document agreed upon in writing by the parties in which the details of the Services to be performed by the Influencer are set out, including the fees to be paid for the Services;

"Services" means the services provided by the Influencer as set out in the relevant Project Assignment(s);

"Duration" means the period as specified in the Project Assignment;

 

1.2 In these terms and conditions:

1.2.1 a reference to this Contract includes its appendices; the articles, paragraphs, schedules or other headings in this Contract are included solely for convenience and shall not affect interpretation; a reference to a 'party' includes the successors and authorized assigns of that party; words in the singular include the plural and vice versa; words following 'includes', 'comprising', 'including', 'in particular' or similar words and expressions shall be construed solely as illustrative and shall in no way limit the meaning of any word, expression, term, definition or description preceding them; a reference to 'in writing' or 'written' includes any method of reproduction of words in legible and durable form [(except e-mail)]; a reference to legislation is a reference to such legislation as amended, expanded, republished or consolidated from time to time, except to the extent that such amendment, expansion or republishing would increase or modify the liability of a party under this Contract; and a reference to legislation also includes all subordinate legislation enacted from time to time pursuant to such legislation.

 

B. AWARD OF CONTRACT

The Company engages the services of the Influencer in connection with the marketing, advertising, and promotion of the Company's Products in accordance with these Terms and the relevant Project Assignment. The Influencer shall provide the Services to the Company and create the Influencer Materials. Any Project Assignment signed by duly authorized representatives of both parties forms part of the Contract.

 

The Influencer shall ensure that all Influencer Materials distributed by or on behalf of the Influencer via the Influencer Channels in connection with the Services are reasonably recognizable to users as marketing in accordance with advertising rules, including by:

Where such functionality is available on a social media platform: checking the relevant box (or using other similar functionality offered by the platform) when posting the Influencer materials to indicate and/or declare that the Influencer materials are paid content; and including specific disclosures or wording as set out in the relevant Project Assignment.

 

C. APPROVAL OF INFLUENCER MATERIALS

 

The Influencer shall submit all Influencer Materials to the Company for prior approval, and the parties agree that the Company retains final editorial control over the Influencer Materials, provided that the Company is entitled solely to request changes regarding the manner in which its brand is displayed or mentioned in the Influencer Materials, and to ensure that the Influencer Materials comply with all applicable laws and advertising regulations. The Influencer shall not publish and/or make available any Influencer Materials that have not been approved by the Company.

At any time and upon written request, the Influencer shall without delay remove and delete: all Influencer Materials posted by or on behalf of the Influencer in connection with the Services on any or all Influencer Channels (if applicable); and all references to and associations with the Company on the Influencer Channels or elsewhere.

 

 

D. INTELLECTUAL PROPERTY

 

The Company retains ownership of all intellectual property rights vested in the Company's brand and its products. For the Term of this Contract, the Company grants the Influencer a non-exclusive, worldwide, royalty-free license to use the intellectual property rights in the brand, the products, and all other materials of the Company, in each case exclusively to the extent that these have been made available to the Influencer by the Company and exclusively to the extent necessary for the performance of the Services.

The Influencer grants the Company an exclusive, royalty-free, perpetual, worldwide license to use, adapt, copy, reproduce, modify, and exploit the Influencer Materials in connection with the support, promotion, marketing, or advertising of the Company and/or its products, in each case with appropriate attribution to the Influencer alongside the relevant Influencer Materials.

The Influencer grants the Company all necessary permissions under applicable law (including the Copyright, Designs and Patents Act 1988) to enable the Company to make full use of the Services, the Influencer image rights and the Influencer materials as provided in this Contract.

The Influencer hereby irrevocably and unconditionally waives, for an unlimited duration, all personality rights with respect to the Influencer Materials and all similar rights under the laws of any jurisdiction whatsoever, whether existing or granted in the future.

 

E. COMPENSATION AND COSTS

 

Provided that the Influencer delivers the Services in accordance with these Terms, the Company agrees to pay the Influencer the Fees as set out in the relevant Project Assignment.

The Fees include all usage fees, residual fees, recurring fees, reuse fees, royalties, or other payments of any kind. The Influencer acknowledges and agrees that the Fees also include all travel, accommodation, and other expenses of the Influencer.

The Company shall pay all undisputed invoices submitted by the Influencer within 10 working days of the date of receipt (unless otherwise agreed in writing between the parties).

All amounts due under this Contract include turnover tax, use tax, VAT, goods and services tax and all other similar taxes (except withholding tax), if applicable, imposed by a government authority for any taxable supply under this Contract.

 

 

F. GUARANTEES AND INDEMNIFICATION

 

The Influencer Materials are original works of the Influencer and the use by the Company of the Influencer Materials and the Influencer Image Rights in accordance with the provisions of this Contract does not constitute an infringement of the rights of any third party;

The Influencer is entitled to enter into this Contract and has the full competence and authority to grant the rights granted under this Contract. The Influencer is exclusively entitled to provide all representations, confirmations, waivers, and agreements as set out in this Contract, in order to enable the Company to exploit the Influencer image rights and Influencer materials as described in this Contract, without any additional payment being due therefor other than as expressly provided in this Contract;

 

The influencer materials will comply with:

 

1. All applicable laws (including data protection legislation), regulations, and binding codes of conduct, including advertising rules; and all terms and conditions and/or terms of use of social media platforms or other online platforms used by the Influencer in connection with the Services.
2. The Influencer materials will not contain personal data (as defined in the General Data Protection Regulation (EU) 2016/679) of any third party;
3. The Influencer shall perform the Services with due care, to the best of their knowledge and ability, in willing cooperation with others and in the manner reasonably required by the Company or its designated representatives;
4. By entering into this Contract and performing the Services, the Influencer shall not breach any agreement with or obligation towards any third party, and the Influencer has obtained all necessary consents to enter into this Contract, to grant the rights referred to herein, and to fulfill the obligations contained herein;
5. The Influencer shall at all times refrain from doing or saying anything that may be considered by the Company
6. to be adverse or harmful to, or to have a negative influence on, the name, image, reputation or business operations of the Enterprise or on any of its products;
7. or bring the Influencer, the Company, or any of its products into disrepute;
8. During the Term, the Influencer shall not provide services that are comparable to (or equivalent to) the Services for a direct competitor of the Company, nor in relation to products or services that are comparable to or substituted for the products or services of the Company;
9. The Influencer is solely responsible for all income tax and social security contributions due on the Remuneration;
10. and the Influencer shall not, without the prior written consent of the Company, make any statements, disclose information, or provide confidential information to any party regarding the Company or its products, to the extent that such information has become known to the Influencer through the performance of the Services under this Contract.
11. The Influencer shall indemnify and hold harmless the Company against all liabilities, losses, claims, demands, damages, costs, and expenses (including reasonable legal fees and expenses and VAT) suffered or incurred by the Company, directly or indirectly, as a result of any breach or alleged breach by the Influencer of any warranty contained in this Contract.
12. LIMITATION OF LIABILITY: Nothing in this Contract shall limit or exclude the liability of either party for death or personal injury resulting from negligence, for fraud, or for any other liability which cannot be excluded under applicable law.

 

Any unauthorized use of KCR’s property – including (without limitation) patents, trademarks, service marks, logos, slogans, screenshots, graphic elements, graphic styles, designs, blog posts, copyrighted material or other branded features (“KCR Property Rights”) – without the prior written consent of KCR is strictly prohibited. If you infringe upon KCR’s rights regarding such Property Rights, you will be ordered to cease this illegal activity and may be held liable for all damages (including reimbursement of legal costs and expenses) that KCR suffers and/or incurs as a result of your infringement.

With respect to any indemnification granted by the Influencer under this Contract (for which the Influencer's liability is unlimited), the total liability of the Influencer to the Company or its affiliates arising out of or in connection with this Contract, whether arising from contract, tort (including negligence), misrepresentation or otherwise, shall be limited to an amount equal to the Fees.

The total liability of the Company to the Influencer, arising out of or in connection with this Contract, whether in contract, tort (including negligence), misrepresentation or otherwise, shall be limited to the sum of £5,000.

 

SALES AND PROMOTIONS

Studentenkorting (UNiDAYS & Student Beans)

The discount will be applied at checkout after entering the code provided by UNiDAYS or Student Beans. The code can only be used once. The discount cannot be combined with other discounts, offers, or promotions. Discounted items and bundled items are also excluded from this discount. KCR reserves the right to modify or cancel this promotion at any time without prior notice.

 

NHS Blue Light-korting

The discount will be applied at checkout after entering the code provided by bluelightcard.co.uk. The discount cannot be combined with other discounts, offers, or promotions. Exclusions apply to limited editions, sale items, new collections, and bundle items. KCR reserves the right to modify or cancel this promotion at any time without prior notice.

 

Email promotion

The discount will be applied at checkout after entering the provided code. The code can only be used once. The discount cannot be combined with other discounts, offers, or promotions. Exclusions apply to limited editions, sale items, bundle items, store credit, and shipping costs. KCR reserves the right to modify or cancel this promotion at any time without prior notice.

 

Outlet items

Orders must be returned within 14 days of receipt. If the received item is defective or damaged, please contact customer service. KCR reserves the right to change the return conditions for outlet items at any time.

 

MOBILE SERVICE TERMS - KCR

Last updated: October 25, 2022

 

KCR’s mobile messaging service (the “Service”) is operated by KCR (“KCR”, “we” or “us”). By using the Service, you agree to these Terms (“Mobile Terms”). We may modify or terminate the Service or any of its features without prior notice. To the extent permitted by applicable law, we may modify these Mobile Terms at any time. Your continued use of the Service after the effective date of such changes shall constitute your acceptance of these changes.

 

By consenting to KCR's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of KCR via your mobile provider on the mobile number you provided, even if this number is registered on a national or federal Do Not Call list.

SMS messages can be sent using an automated telephone dialing system or other technology. Service-related messages may contain updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, special offers, and other marketing actions (e.g., shopping cart reminders).

 

You understand that participation in this program is not a requirement for making purchases and that your consent is not a condition for a purchase at KCR. Your participation in this program is entirely voluntary.

 

We do not charge any fees for the Service, but you are solely responsible for all costs and fees charged by your mobile provider for SMS messages. The frequency of messages may vary. Message and data charges may apply. Consult your mobile plan and contact your provider for more information. You are solely responsible for all costs associated with SMS messages, including those charged by your mobile provider.

 

You can unsubscribe from the Service at any time. Send the keyword STOP as an SMS to ClubLLondon or click (where available) on the unsubscribe link in one of our SMS messages to confirm your unsubscription. You will receive a one-time confirmation message regarding your unsubscription. After that, no further messages will be sent to your mobile device unless you take the initiative yourself again. If you have subscribed to other KCR mobile messaging services and wish to cancel them, you must, except where required by applicable law, unsubscribe from those programs separately by following the specific instructions in their mobile terms.

 

For help or support, you can contact us via: nl.care@clubllondon.com

 

We may change a short code or phone number that we use to provide the Service at any time and will notify you of these changes. You acknowledge that messages you send, including STOP requests, to a short code or phone number that has been changed by us may not be received and that we are not responsible for complying with requests made via such messages.

 

The mobile providers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you obtain a new mobile number, you must re-register for the program with this new number.

 

To the extent permitted by applicable law, you agree that we shall not be liable for any failed, delayed, or misdirected delivery of information transmitted via the Service, for any errors in such information, and/or for any act or omission on your part in reliance on the information or the Service.

 

We respect your right to privacy. Please consult our Privacy Policy to see how we collect and use your personal data.