Terms & Conditions
Thank you for visiting Joshua Kane. If you have any queries relating to ordering on this site then please email us at firstname.lastname@example.org
If you are not completely satisfied once you have received your shipment, you have the right to return the goods within 14 days of receipt. Please see our Returns Section H within these Terms and Conditions for full details.
www.JoshuaKaneStore.com (the "Website") is owned by and/or operated by or on behalf of JK BespokeLimited(Trading as Joshua Kane) with delivery of goods provided by our in-house distribution. If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website, you can contact us at:
68 Great Portland Street,
London, W1W 7NG,
Telephone: +44 203 876 7747
VAT number: 233180929
Registered in England No: 09200028
These terms and conditions were last revised on 21.8.2016
B. USE OF WEBSITE
These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the "Terms") apply to your use of and access to the Website and any other website or application permitting you to place an order with Joshua Kane for any products and services (such websites and applications being the “Applications” for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or Applications. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or the Applications you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing this Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website or the relevant Application. Please note that all options available on our Website may not be available on any Application or the Website accessed using a mobile device.
Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
You agree that the information you provide when you register on the Website is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.
We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
The Website may include links to other websites or resources ("Linked Websites"). ~Joshua Kane has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, Joshua Kane is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Joshua Kane will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.
Joshua Kane may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to, where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.
Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
Joshua Kane will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to Joshua Kane for and indemnify Joshua Kane and keep Joshua Kane indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Joshua Kane as a result of any claim in respect of your use of the Website.
Joshua Kane has the right to remove any material or posting you make on the Website in Joshua Kane's sole discretion.
References to ‘We' in the Customer Service Information refers to JK Bespoke Ltd trading as Joshua Kane.
For details of stock availability within our store, please telephone
+44 203 876 7747. Unfortunately products cannot be reserved in store either by telephone or email unless a deposit payment is made.
C. PURCHASE OF PRODUCTS / ACCEPTANCE OF ORDERS
All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
(a) If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product; or
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services.
After submitting an order to us, we will send you an Acknowledgement of Order email with your order number and details of the Products you have ordered from us with details of any delivery charges you have ordered from Joshua Kane. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Joshua Kane reserves the right to cancel your order, and refund any payments made by you within 48 Hours if the sale is in invalid for any of the reasons listed below.
Acceptance of your order and the formation of a contract of sale of the Products between us and you and a contract for delivery between Joshua Kane and you, will not take place unless and until:-
a. We have received all the information from you necessary to process your order
b. The Products have been dispatched and
c. We have sent you an email confirming that the Products have been dispatched to you – Dispatch Confirmation.
After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket are not reserved and may be purchased by other customers.
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
You will be charged for products immediately on placing your order. In the event you have elected to collect the Products from the Joshua Kane Store or pre-ordered Runway Items. (Please refer to Section J3). Payments will include any card processing or payment processing charges determined by your card issuer.
Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, measurements, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects. Our customer service team are available to support you in any way for further information on our products.
Telephone: +44 203 876 7747 or email email@example.com
We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone. Refunds will be given within 48 Hours following service of notice.
All prices of Products on the Website are the price for the Products only. They include any VAT or other sales tax payable. The prices are not inclusive of any customs duties or taxes which may be due, please see Section D4 below
We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1 a,b,c,d,e, we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the product has not been shipped.
Joshua Kane may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
E PAYMENT TERMS
The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges. Delivery charges may vary if there is an offer valid on the Website at the time of ordering.
Joshua Kane accepts all major credit and debit cards.
Please note that we only accept payment in GB Pounds
You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in the United Kingdom.
If your credit/debit card or payment method is not denominated in the GB pounds, indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
G. DELIVERY, TITLE AND RISK
Orders will be sent to the delivery address that you have given on your order form. Joshua Kane cannot be held responsible if that delivery address is incorrect or incomplete. Please note that Joshua Kane does not deliver to PO boxes. Please note that there are restrictions on the locations to which Joshua Kane delivers Products purchased from the Website. Details of the locations to which Joshua Kane delivers are available from us on request.
All deliveries are dispatched using the Joshua Kane standard delivery via Fedex. We aim to ship within 48 Hours of placement of order subject to G5 below. You will be provided with a tracking No. for your package.
If you require an express or courier delivery, you will be advised of any additional charges. These additional charges will be added to your card payment.
Provided your order has been accepted by us, your order shall be processed and we will endeavour to dispatch your order in accordance with the estimated delivery times advised in your Acknowledgement of Order email. Delivery times and shipping costs will vary according to the country of delivery.
In the event you request a special delivery service Please note that there are a number of UK postcodes to which Joshua Kane cannot deliver on a next day basis or on a Saturday. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions as advised by our contracted delivery providers. Orders received after 5.30pm on Monday to Friday, or received on a day which is not a working day (that is any day on which the banks are not open for business in London and which is not a Saturday or a Sunday), will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.
Should we fail to deliver your order within 7 days of the relevant estimated delivery times for your shipping destination and selected delivery method, it shall be your right to cancel the relevant order and receive a full refund of any monies paid to us at Joshua Kane in respect of that order.
Please note that all delivery options available on our Website may not be available on any Application or the Website accessed using a mobile device.
Title in the Products will pass to you on the date of receipt of your payment to us.
Once the product has been received by you, all risk of damage in or loss to the Product shall pass to you.
We shall be entitled to supply the Products in installments and that being the case, each installment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
As part of the ordering process, you will contract for a supply of goods and delivery by Joshua Kane.
In the event that a Product is subsequently imported into a country other than the country to which Joshua Kane delivered the Product or of the store from which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
We endeavour to ensure that all product and delivery pricing information on Web Stores is correct. Occasionally, however, an error may occur and our Delivery charge may be mispriced. If the correct price of our Delivery Services is lower than the price stated on the Web Store, we will charge you the lower amount. If the correct price of our delivery is higher than the price stated on the relevant Web Store, Joshua Kane will, at its discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Delivery to you at an incorrect price.
We may vary the prices of our Delivery Services listed on a Web Store at any time and without any notice.
From time to time Joshua Kane may offer a promotion where delivery charges are reduced, in some cases to zero. The delivery rate relevant to you will be notified in the Acknowledgement of Order.
H. CANCELLATION AND RETURNS
Should you wish to cancel your order or return any Products, you may only do so in accordance with our Returns and Cancellation Policy. Our Returns and Cancellation policy does not affect your Statutory Rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).
Where you return a Product under the Regulations we will issue you with a full refund within 14 days of our safe receipt of goods provided they are returned in their original condition. You will need to return the Product at your own cost (if you have already received the Product), using a registered and insured method of delivery where proof of return date can be provided. The product must be returned to us in the original packaging within 14 days of the date you received the Product, with the Joshua Kane Returns Label attached. Failure to attach the returns label may result in a delay in processing your refund. Returned goods remain your responsibility until received at the Joshua Kane store. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, Joshua Kane shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
Please note that you will not be entitled to cancel an order for items removed from the shop floor, or return personalised or monogrammed products unless they are proven faulty. For the avoidance of doubt, the term personalised includes any item specifically made for you and includes made- to –order or any alterations made for you to a stock product specifically ordered by you or items part paid for. This does not affect your statutory rights.
All Product is carefully checked prior to dispatch. You must notify firstname.lastname@example.org within 1 working day of receipt of product damaged in transit quoting your Order No. and Tracking No.
J. PRE-ORDER OF RUNWAY or made to order products
If you are placing an order for Products from the Joshua Kane Runway Collection, or made to order, or any special order, the following sections may be superseded by or may apply to in addition to specific terms applicable to such products as set out in Section H of the Joshua Kane Terms and Conditions respectively.
The Terms in this Section J apply to any purchase of Runway / made to order or any special order Product (as defined below in Section J2 and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in Sections C1-8. In all other respects sections in Sections C1-7 of the Terms continue to apply in full force and effect.
From time to time we may invite you to pre-order Products from our Runway Collection. We also offer a made to order service. In the event you choose to purchase from these options, please note that Joshua Kane standard delivery and the option to collect Products in store on on-line sales, shall not apply to orders of these Products. These Products will be shipped between 8-10 weeks from date of order. Delivery will be approximately two months before the collection arrives in store, depending on the item.
You agree that if you order a Runway Product or Made to Order product, you will be charged immediately on placing your order. Please note your order is not confirmed until payment has been taken.
Pre-Order of Runway products including tailoring / knitwear / shirting are regarded as made to order items and are manufactured in advance specifically for you. All products are carefully checked at the time of dispatch and No cancellations or refunds will be given on made to order Runway products unless they are damaged in transit. You must notify email@example.com within 1 working day of receipt of transit damaged product quoting your Order No.
Runway products are not regarded as made to order items once delivery of the stock Runway collection product has been made into the store. You will be advised in your Acknowledgement of Order if your order is regarded as Pre-Order / made to order
K. INTELLECTUAL PROPERTY
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the "Content"), is either owned or licensed by Joshua Kane, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
The Joshua Kane logo / s as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Joshua Kane and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of Joshua Kane and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
K.4 Limited Licence
Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Website limited such that it does not include the right to:
(a) use the Website in any way which may prejudice or damage the reputation of Joshua Kane
(b) use the Website for any commercial or business purposes. The Website is for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
Joshua Kane may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
Joshua Kane endeavours to ensure that the information posted by it on the Website is accurate and complete. Joshua Kane does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Joshua Kane does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Joshua Kane recommends that all users of the Internet ensure they have up to date virus checking software installed.
M. EXCLUSION OF WARRANTIES
This Section M does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
Subject to the preceding paragraph to the maximum extent permitted by applicable law, Joshua Kane disclaim and exclude all other terms, conditions and warranties in relation to the products and services whether expressed or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
N. LIMITATIONS OF LIABILITY
Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; (iii) under Section 2(3) of the Consumer Protection Act 1987; or (iv) for any other liability which cannot be limited or excluded by applicable law.
Subject to Section N1 above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
(a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(b) loss of goodwill or reputation; or
(c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
Subject to Section M and N, the aggregate liability under these Terms of Joshua Kane whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Joshua Kane.
This section N does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
P. DATA PROTECTION
WE DO NOT DISCLOSE THIS INFORMATION TO ANY THIRD PARTY.
Q. ASSIGNMENT, SUBCONTRACTING ETC
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
R. AMENDMENTS TO THESE TERMS
We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
S. EVENTS BEYOND OUR REASONABLE CONTROL
Joshua Kane will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and not affect the enforceability of any of the other provisions of these Terms.
U. GOVERNING LAW AND JURISDICTION
These Terms and all transactions relating to the Website are governed by English law, and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.
V. JOSHUA KANE EMPLOYEES
Joshua Kane Employees cannot purchase Product from the Joshua Kane website. Purchases can be made in-store only and according to any Staff Discount % agreed under their Terms of Employment. All Staff purchases will be subject to the Joshua Kane Terms and Conditions.
W. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
X. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section X does not affect your statutory rights.
All notices given by you to us must be sent to Joshua Kane, Sales Dept, 68 Great Portland Street, London W1W 7NG or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section Y above.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.
FOR CUSTOMERS LOCATED IN FRANCE
If you are placing an order on JoshuakaneStore.com from a location in France, then the following additional terms shall apply:
Joshua Kane, whose name and address are set out at the beginning of these Terms, shall be responsible for any lack of conformity of the Joshua Kane product which you order to the contract between you and Joshua Kane under the conditions set forth in articles L. 211-4 et seq. of the French Consumer Code, and for any hidden defect in the Joshua Kane product sold to you on JoshuaKaneStore.com subject to the conditions set out in articles 1641 et seq. of the French Civil Code.