Terms and Conditions
1. Who we are
Kyndryl Store is a website owned and operated for and on behalf of Kyndryl by:
Brand Addition GmbH
Europastraße 19a
45888 Gelsenkirchen
Germany
VAT identification number: DE125138579
2. Your Contract with Us
2.1 When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order and this email is confirmation that an order has been placed and a contract has been made between us.
2.2 Once we have reviewed your order we may e-mail you again to confirm the details of your order including an order confirmation document.
2.3 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. We reserve the right to cancel the contract between us under this clause, in which case all moneys will be refunded.
2.4 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and may not include pictured accessories, unless stated in the specification of the goods. Whilst goods may be shown assembled some items may require assembly by you.
2.5 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods.
2.6 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
2.7 This contract is covered by English law.
2.8 By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.
3. Placing an Order
3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time.
3.2 A summary of your order will be shown to you prior to the order being placed.
3.3 You will be required to provide payment information at the time of ordering which you agree we may use to bill you for the full and total value of your order.
3.4 We use secure payment facilities for online card payments.
3.5 Promotional prices only apply during the period stated.
3.6 The currency of all products on our website is clearly displayed. Value Added Tax is given at the current rate within your basket and this may vary depending on your delivery location and tax status.
3.7 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
4. Delivery and Carriage Charges
4.1 Goods will normally be dispatched from our warehouse within 1 business day where stock is available. Where items in your order are out of stock, we will endeavour to contact you within 1 business day to advise the expected despatch date.
4.2 Delivery times may vary depending on delivery location. As a guideline only, the following delivery timescales are often observed:
- UK Delivery – 1-3 business days
- EU Delivery – 3-5 business days
- Rest of World Delivery – 5-10 business days, subject to Customs
4.3 Your order may arrive in more than one delivery.
4.4 Where your delivery is within the EU, there should be no additional costs applied to your order on delivery. Where your delivery is outside the EU, your local Customs may apply Import Duty or other taxes to your shipment before releasing it to you. It is your responsibility to be aware of these costs and arrange payment and clearance directly with the relevant authorities.
4.5 We will deliver the goods to the premises you specify on your order. Somebody must be available to accept delivery of your order, which is normally between 9:00am and 6:00pm Monday-Friday. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.
4.6 Most shipments we send are in boxes no heavier than 15kg, but this can vary. In the case of heavy deliveries you may be required to assist the driver in offloading your order.
4.7 Disposal of packing materials is your responsibility.
4.8 After two failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to us and we reserve the right to charge you an additional re-delivery charge.
4.9 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
4.10 Please check the goods on delivery - any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or to us within a reasonable time.
4.11 If the goods are lost or damaged in transit, please let us know promptly.
4.12 Deliveries are made to a ground floor entrance only and on the condition that there is reasonable access for the safe and prompt delivery of the goods. You should tell us about any special delivery requirements or conditions when you place your order.
4.13 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.
4.14 Time is not the essence of the contract unless expressly stated otherwise in writing.
5. Cancellation and Returns
5.1 This policy does not apply to orders classified as ‘business to business’ (B2B) transactions as these are exempt from the Distance Selling Regulations. This policy equally doesn’t apply to any items which have been personalized or modified to your specification, such as products printed with custom logos or graphics which are non-standard within our range, as these items are exempt from the right to cancel.
5.2 You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please e-mail, fax or write to us. We are unable to accept cancellations by phone.
5.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
5.4 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to us and/or our supplier (or any other UK address specified by us), at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
5.5 You may properly examine the goods for 14 days; however returned goods must be in an unused and re-saleable condition.
5.6 If you are unable to return the goods we can arrange to collect them and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us and this results in damage or deterioration, we reserve the right to charge you for the reduction in value.
5.7 We will refund all monies paid to us by you excluding any postage / carriage costs incurred within 30 days, less any costs due under this contract.
5.8 Business customers, or customers exempt from the distance selling regulations may cancel and return orders only with our mutual agreement. This cancellation policy does not affect your legal rights - for example, if goods are faulty or mis-described.
6. Faulty Goods / Warranty
6.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. It’s helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.
6.2 Most of our goods are covered by a manufacturer’s warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
6.3 The manufacturer’s warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.
6.4 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our warehouse and checked. The cost of returning goods to us is your responsibility; however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we may return them to you, however you will be required to cover our reasonable postage costs.
6.5 It is expected that goods have been used in accordance with manufacturer instructions at all times. No liability can be held for items used in other ways than for their stated purpose.
6.6 If an item is no longer available we may offer an alternative. However our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance you will have the option of a refund.
6.7 Where we replace faulty goods you are responsible for their disposal if they have not previously been returned to us.
7. Liability and Social Media
7.1 The products sold on this website have been designed to comply with all relevant UK and EU legislation. We cannot warrant or represent that they comply with all legal requirements in all regions.
7.2 We do not accept liability for any consequential loss of profit or indirect losses. We therefore recommend that you should not make other plans that rely on these goods until you have received them and inspected them.
7.3 Where the website encourages you to make reasonable and appropriate use of social media, electronic communications, the views and opinions expressed by individuals on those external sites are those of the individuals and do not reflect the views of Brand Addition or Brand Addition.
7.4 Brand Addition may at times use social media or electronic communications to follow-back users, retweet, share or favourite user’s posts or otherwise share user generated information which is in the public domain. These actions do not constitute endorsement of users or content and we are not liable for further sharing.
7.5 Should you choose to link to any of our content via a social media platform, electronic communications or other public domain means, you shall fully indemnify us against any loss or damages which may be suffered as a result of your action.
8. Competitions
8.1 From time to time we may conduct a prize draw or competition. In these cases the promoter of the prize draw is Brand Addition Ltd. The promotion is in no way sponsored, endorsed or administered by or associated with any third party social media platforms on which it may be promoted.
8.2 By entering a prize draw or competition you agree to hold Brand Addition Ltd and the distribution platform harmless against any and all claims liabilities, injuries, losses, damages or expenses of any kind arising from your participation in the prize draw or acceptance of a prize to the fullest extent permitted by law.
8.3 Entries received after a specified closing date will not be considered. Invalid, duplicate or incomplete entries will not be considered and we are unable to accept responsibility for lost entries. Only one entry will be accepted per person unless otherwise specified in the terms of the specific promotion.
8.4 Winners of prize draws will be chosen at random from all qualifying entries unless specified otherwise in the terms of the specific promotion. Our decision on selection of winners is final and correspondence will not be entered into.
8.5 Winners must acknowledge the win and claim their prize within 10 working days of announcement. If a winner does not claim their prize within 10 working days we reserve the right to offer the prize to another entrant or to reoffer the prize in a future draw.
8.6 Prizes are non-refundable and no cash alternatives will be offered. Brand Addition Ltd reserves the right to substitute a prize for one of equal or greater value at any time.
8.7 We reserve the right to amend these terms and conditions or to cancel alter or amend competitions, draws or prizes due to any circumstances that arise beyond our control.
9. Gift Certificates
9.1 Gift Certificates sold through this site may only be redeemed toward the purchase of eligible products on this site unless implicitly specified otherwise.
9.2 Purchases are deducted from the Gift Certificate balance on redemption. Any unused Gift Card balance will remain active on the Gift Certificate until further use or expiry.
9.3 If a purchase exceeds the Gift Certificate balance, the remaining amount must be paid with another payment method.
9.4 To view the available balance and expiry date of a Gift Certificate, type the gift certificate code into the provided box on the website.
9.5 Gift Certificates, including any unused Gift Certificate balances, expire in accordance with the date shown on the Gift Certificate which is a fixed period commencing from the date of issuance.
9.6 Gift Certificates may not be redeemed for the purchase of products at other websites and stores operated by Brand Addition except where otherwise implicitly specified.
9.7 Gift Certificates cannot be used to purchase other Gift Certificates.
9.8 Gift Certificates cannot be topped up, resold, transferred for value or redeemed for cash, except to the extent required by law.
9.9 The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. We are not responsible if any Gift Certificate is lost, stolen, destroyed or used without your permission.
9.10 We will have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make purchases.
9.11 We make no warranties, express or implied with respect to Gift Certificates, including without limitation any warranty of merchantability or fitness for a particular purpose. In the event a Gift Certificate is non-functional, your sole remedy and our sole liability will be the replacement of such Gift Certificate. You may have additional statutory rights and this clause does not affect those rights.
9.12 Gift Certificates are issued by Brand Addition Ltd.
10. Disclaimer
This disclaimer details our obligations to you regarding our website. Please read this disclaimer in full before you use this Website. Using the Website implies that you accept the terms of this disclaimer. We do occasionally update this disclaimer so please refer back to this page in the future.
10.1. Use of Website
10.1.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
10.1.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
10.1.3 Subject to paragraph 1.1, no part of this Website may be reproduced without our prior written permission.
10.2. Visitor Conduct
10.2.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
10.2.2 When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom.
10.3. Site Uptime
10.3.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
10.4. Links to and from Other Websites
10.4.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content.
10.4.2 If you would like to link to this Website, you may do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
10.4.3 If you choose to link to our website in breach of Paragraph 4.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
10.5. Exclusion of Liability
10.5.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
10.6. Law and Jurisdiction
10.6.1 This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.