1.1All 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.
1.2 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.
1.3 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.
1.4 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.
1.5 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.
2.1 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.
3. EXCLUSION OF WARRANTIES
3.1 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).
3.2 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.
4. LIMITATIONS OF LIABILITY
4.1Nothing 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.
4.2 Subject to Section 4.1 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.
4.3 Subject to Section 3 and 4, 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 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).
5. DATA PROTECTION
5.2 All email transmissions are intended for the individual to whom it s addressed. If you are not the named addressee you should not disseminate, distribute or copy the e-mail. In the event you receive an email in error, please notify the sender immediately and delete the e-mail from your system. E-mail transmission cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. JK Bespoke Ltd. therefore does not accept liability for any errors or omissions in the contents of messages from its’ personnel which arise as a result of any e-mail transmission. If verification is required, please request a hard-copy version.
On the 25th May 2018 the General Data Protection Regulation (GDPR) comes into effect. Under GDPR, we have additional obligations to you and for our activities and you also have extra rights around how your data is used. We fully support the implementation of these new regulations as your personal data and privacy is important to us.
This policy, together with JK Bespoke Ltd. standard terms and conditions, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
The rules on processing of personal data are set out in the General Data Protection Regulation 2018(the “GDPR”).
The purpose(s) of processing your personal data
We use your personal data for the following purposes:
To deliver the services and or product you have asked us to provide to you
To maintain contact and communication with you during the course of your purchase, or regarding a mutually agreed or potential project.
To maintain our own records and accounts.
To inform you of news, events, activities or product.
To purchase goods, materials and services from you.
Where applicable, to introduce you to Third Parties regarding services relevant to the potential or agreed project.
The categories of personal data concerned
We process the following categories of your data:
Personal data may include your name, address, email address, phone number, financial data for payments such as VAT registration and bank details, body measurements taken during your in-store fitting or sizes provided on your on-line order.
We have obtained your personal data from you, your employees or from publicly available data from websites. We will never use your data for commercial gain.
Our lawful basis for processing your general personal data:
Data for communications, marketing purposes of the business
Performance of a contract of sale
Administration and running the business
Scoping potential services/ projects/sponsors/suppliers relevant to the business
To provide all services regarding Sponsorship agreements with you
To instruct any Third Party in relation to the potential projects and/ or to assist in the delivery of the services/ project you have asked us to deliver
Data used for the purposes of purchasing supplies, materials and third party services for the legitimate running of the business
How long do we keep your personal data
Your personal data will be treated as strictly confidential and will be shared only with our Senior Management, HR, administrative or finance staff, and contact details where appropriate with members of the design team. All Data is password protected.
Limited Data may also be shared with Third Parties who are directly instructed by us for the purposes of assisting us with delivering services you have instructed us to provide.
We keep your personal data for no longer than reasonably necessary.
Providing us with your personal data
You are under no statutory or contractual requirement or obligation to provide us with your personal data, but failure to do so may limit the services that we can offer or communications.
Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
The right to request a copy of the personal data which we hold about you;
The right to request that we correct any personal data if it is found to be inaccurate or out of date;
The right to request your personal data is erased where it is no longer necessary to retain such data;
The right to withdraw your consent to the processing at any time, WHERE CONSENT WAS OUR LAWFUL BASIS FOR PROCESSING THE DATA;
The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability), (where applicable, i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests ,direct marketing
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual.
Tracking referral site information so we can better identify where traffic is coming from.Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
How to make a complaint
To exercise all relevant rights, queries or complaints, please in the first instance contact :
6. ASSIGNMENT, SUBCONTRACTING ETC
6.1 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.
7. AMENDMENTS TO THESE TERMS
7.1 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.
8. EVENTS BEYOND OUR REASONABLE CONTROL
8.1 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.
9.1 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.
10. GOVERNING LAW AND JURISDICTION
10.1 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.
11. JOSHUA KANE EMPLOYEES
11. 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.
12. ENTIRE AGREEMENT
12.1 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.
12.2 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.
12.3 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.
13. WRITTEN COMMUNICATIONS
13.1 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. Section 13 does not affect your statutory rights.
14.1 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.
15.1 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 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.
15.4 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.
15.5 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.