GENERAL

1 These conditions shall govern the purchase of any Products or Services from Kimedashi.
2 These conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a director of Kimedashi.

What’s in these terms?

This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.

Who we are and how to contact us

www.kimedashi.com is a site operated by Dedalhost Ltd (“We”). We are registered in England and Wales under company number 13707917and have our registered office at 71-75 Shelton Street Covent Garden London WC2H 9JQ United Kingdom.

We are a limited company.

To contact us, please email info@kimedashi.com.

By using our site you accept these terms

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our Website Terms and Conditions also apply to your use of our site.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

 REGISTRATION

You warrant that:

the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity

The products purchased on this site are for private and domestic use only and are not for re sale. You will notify us immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at:

e-mail address: info@kimedashi.com

PASSWORD AND ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Dedalhost ltd shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

USER GENERATED CONTENT GUIDELINES
We, at Dedalhost ltd (“Dedalhost” or “us”), love your interest in Kimedashi and we appreciate your interest in sharing your photos, videos, comments, content, illustrations, or information relating to the Content(“Content”), through Kimedashi’s social media channels, e-commerce websites, digital advertising, and/or print advertising campaigns (“Kimedashi Channels”) which include, without limitation, the following websites and channels:

• https://instagram.com/kimedashisport
• https://facebook.com/kimedashi
• https://www.linkedin.com/in/kimedashi/

We loved your Content so much that we wanted to request your permission to use it. Please review the terms and conditions below and if you agree, please respond to our request with the hashtag#Kimedashi which indicates your consent to use the Content through or on any of the KIMEDASHI Channels.
By sending us the hashtag #KIMEDASHI with your Content, you:

• Grant us and our affiliates, subsidiaries, licensees, and representatives, the unrestricted and royalty-free right to use, reproduce, repost, adapt, publish, display, broadcast, publicly perform, modify and otherwise distribute the Content, including any Content bearing your name, voice, image, likeness, and/or any other identifiable representation of yourself (“Your Likeness”), in any form, style, color or medium whatsoever now known or later developed.
• Agree that: (a) you are the sole creator, own all rights to, or have paid for or otherwise have the right to grant Kimedashi the rights described above to the Content; (b) you are at least 18 years of age; (c) your and Kimedashi’s use of the Content will not infringe on the rights of any third parties; and (d) you have obtained permission from all persons whose name, voice, image, likeness and/or any other identifiable representation are included in the Content.
• Will be fully responsible and hold Kimedashi harmless for any claims relating to the Content arising from (a) Kimedashi’s use of the Content under this Agreement; (b) any act or omission by you; and (c) any breach of your representations and warranties in this Agreement.
• Agree that if Content is selected for use by Kimedashi, Kimedashi may use your full name, Internet username(s), and the city and state of your residence and/or operation for the purpose of identifying, promoting and/or generating publicity for the usage of the Content. Understand that sending or posting the Content through or on the Kimedashi Channels does not mean that we have to use it; but if we do, you waive any potential claims against us with respect to any use of the Content or Your Likeness.
• Understand that sending or posting the Content through or on the Kimedashi Channels does not mean that we have to use it; but if we do, you waive any potential claims against us with respect to any use of the Content or Your Likeness.

We are excited to share your Content about Kimedashi and appreciate that you have taken this opportunity to have your Content appear in the Kimedashi Channels. If you have any questions about these terms, please contact us at info@kimedashi.com.

PRIVACY POLICY

We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy.

When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner’s office.

 ACCESSING THE WEBSITE

Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below).  We will not be liable if for any reason the Website is unavailable at any time or for any period.  From time to time we may restrict access to part or all of the Website.

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures you must treat such information as confidential and must not disclose it to any third party. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time if, in our opinion, you have failed to comply with any of the provisions of these Website Terms.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Website Terms and that they comply with them.

Please note that we only provide our site for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Website and in the content featured or displayed on it, including, but not limited to, text, graphics, photographs, images, moving images, sound, logos, illustrations and software and our trade marks.  Those works are protected by trade mark and copyright laws and treaties around the world. All such rights are reserved.

Except as explicitly permitted under this or another agreement with us, no portion or element of the Website or its content may be copied or retransmitted via any means and the Website, its content and all related rights shall remain the exclusive property of us or our licensors unless otherwise expressly agreed.

You must not use any part of the materials on the Website for commercial purposes without obtaining an express written licence to do so from us. If you print off, copy or download any part of the Website in breach of these Website Terms your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

ORDERING

When placing an order, you agree that any and all information given is accurate and complete.

All orders are subject to acceptance by us and product availability. Any delivery date stated is only an estimate by Kimedashi. No liability will be accepted by Kimedashi for failure to meet a stated delivery date.

For business purposes, each item requested counts as an individual order. Wherever possible, we will attempt to combine multiple orders in one shipment and on one invoice. Due to business requirements, however, orders may be shipped over several days in multiple packages.

Merchandise available for sale changes on a frequent basis. We reserve the right to make changes in our merchandise without notice. Availability information for products is listed on each individual product description. Some of our products may be available only in limited quantities, so we cannot guarantee that a product displayed on a previous visit to our website may still be available when you visit again. An item may be out of stock temporarily or permanently, or discontinued from our product line.

When an item is no longer available, we take reasonable steps to remove it from the website as soon as we can. If you cannot find an item you saw on a previous visit, please notify our customer care team, and we will let you know whether we can find the item for you. If www.kimedashi.com does not have stock to deliver the goods you have ordered, we will not charge your credit or debit card until the items are back in stock and ready to be shipped.

We take great care to ensure that all information about our products, including prices, set forth on www.yanaactive.co.uk is up-to-date, accurate and reliable. However, there may be occasions when information contained on our site may contain incomplete data, typographical errors, inaccuracies as to merchandise size, price, colour or other matters, or an item that is no longer in stock. We do not warrant that the information accessible via this website is accurate, complete or current. Any errors are unintentional and we apologize if any information on the site is inaccurate. We reserve the right to correct errors and to update product information at any time, including after you have placed your order. We reserve the right to change prices of any product at any time.

The prices displayed on this website are quoted in Euro currency. Prices are subject to change at any time. Relevant sales taxes, if any, shall be applied at checkout.

No contract for the sale of any product will exist between you and www.kimedashi.com until we accept your order by shipping the product to you. The price of any item is not guaranteed until the item has been shipped to you. When this happens, we will confirm our acceptance of your order by sending you an email. If the price of a product you have ordered should change prior to shipment, you will be notified by email that your order has not been accepted by us and will not ship. You may re-order the item at the adjusted price if you wish.

This confirmation email will be sent to the email address given in your order form and will detail products ordered, payment method, cost and usual delivery times. You must check that all the details on this confirmation email are correct and contact us as soon as possible if any details are incorrect. If your order has not been accepted, you will receive an explanatory email from us detailing the reasons why.

All prices shown are inclusive of VAT (only where applicable – see below) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you.

If your delivery address is within the United Kingdom, no additional taxes will be charged to you. If your delivery address is outside of the United Kingdom you may be subject to import duties and taxes (including VAT), which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you (if your delivery address is inside the European Union (‘EU’) see ‘Customs clearance responsibilities for EU delivery addresses’). You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for information.

Please note that when shipping goods from outside the United Kingdom, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of the United Kingdom, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.

Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-auth value of £0.01 will be held against the card until the card issuer validates the payment.

In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.

You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.

If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.

You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket.

We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.

Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by contacting us which can be done through our Contact us page.

Customs clearance responsibilities for EU delivery addresses

For orders dispatched from the UK only.

For deliveries to addresses within the EU, for legal purposes you are the importer of the goods, and are responsible for any import formalities as well as any duties, tariffs, or taxes which may be charged by any customs authority. However, we have collected these amounts from you as part of your purchase, and by agreeing to these terms, you hereby authorise us to appoint our designated carrier(s) to carry out any required customs formalities on your behalf, including payment of any duties, tariffs, or taxes to the appropriate customs authority. The designated carrier will deliver the goods to you in addition to carrying out the customs formalities on your behalf. These customs formalities will be carried out in different countries depending on the country in which your delivery address belongs, and the carrier used.

PAYMENT

www.kimedashi.com accept most major credit/debit cards including: VISA and Mastercard. We also accept payment via PayPal.

All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. We will not debit your card until your items are ready for dispatch. In the event that the items you have ordered are out of stock, your order will be cancelled and you will be refunded immediately.

RETURNS

In the event that you are not satisfied with any purchase, you may return your order at any time  up to 7 days after the day of delivery. At your cost please return unused goods, along with your  order number all original packaging and any labels for a full refund or exchange. Please Note: We cannot accept returns for worn items, or underwear.

We advise to return items using a tracked or recorded service to ensure your returned goods reach us safely. We cannot accept liability for any loss of items until they have been received by our warehouse.

THE WEBSITE CHANGES REGULARLY

We aim to update the Website regularly and may change the content at any time. If the need arises, we may suspend access to the Website or close it indefinitely.  Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material.

OUR LIABILITY

The material displayed on the Website is provided without any representations, guarantees, conditions or warranties as to its accuracy or completeness.

Notwithstanding any other provision in the Terms, nothing in these Terms:

affect or limit your rights as a consumer under English law; or will exclude or limit our liability for death or personal injury resulting from our negligence.

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.

Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can.

In particular, we disclaim all liabilities in connection with the following:

incompatibility of the Website with any of your equipment, software or telecommunications links;

technical problems including errors or interruptions of the Website;

unsuitability, unreliability or inaccuracy of the Website; and

failure of the Website to meet your requirements.

To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.

COMPLIANCE

The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:

any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character.

INTELLECTUAL PROPERTY

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

 SUBMISSIONS

Please be advised that all emails, comments, feedback, suggestions, ideas and other information disclosed or submitted to us will become our property. By submitting any email or correspondence to us, you thereby release all proprietary claims and intellectual or other property rights therein.

You agree that we may use and/or disclose information about you, such as demographics or your use of this site, in any way without revealing your personal information or identity. By taking part in promotions, contests or sweepstakes offered on the site, or by requesting promotional information or product updates, you agree that we may use your information for marketing and promotional purposes.

You are responsible for your communications and all consequences of their submission to us. Please do not: transmit to us material that is copyrighted by a third party, without that party’s permission; send material that reveals trade secrets without permission of the owner of those trade secrets; send material that infringes on any third party’s intellectual property rights without that party’s permission; send material that is threatening, harassing, defamatory, obscene, hateful, abusive, defamatory or embarrassing to any other party; send sexually explicit images; send advertisements or solicitations; send chain letters or pyramid schemes; or impersonate another person. If you violate these provisions, or if we think you have violated them, we reserve the right to expel you from the site and prevent your future use of the site.

LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.

REVIEWS

If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant ellesse.com and its sub-licensees the right to use the name that you submit in connection with such content, if they choose.

You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.

You agree to perform all further acts necessary to perfect any of the above rights granted by you to ellesse.com including the execution of deeds and documents, at the request of kimedashi.com.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to ellesse.com:

The content and material is accurate;

Use of the content and material you supply does not breach any applicable ellesse.com guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify ellesse.com for all claims brought by a third party against ellesse.com arising out of or in connection with a breach of any of these warranties.

Winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeit.

SITE OWNERSHIP

This site is expressly owned and operated by Dedalhost Ltd. Unless otherwise noted, the design and content featured on this website, including illustrations, clothing and other product details, icons, navigational buttons, images, artwork, graphics, photography, text, audio and video clips or content, software and the like, are owned by Dedalhost Ltd. This website, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.

THIRD PARTIES

We are not responsible for material displayed on third party websites or any other written material. The only prices that apply for Kimedashi products are those stated on the Kimedashi material. We cannot vouch for the reliability of prices stated on shopping directories or through any other third party. This website may contain links to sites owned and operated by third parties. These links are provided as a convenience to you and are not an endorsement by us of the products or materials on those sites. We are not responsible for the content of those sites and make no representation regarding the truth, quality or accuracy of same. Visiting the linked sites is at your own risk.

LINKS FROM THE WEBSITE

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only and you access them entirely at your own risk. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 DATA USAGE

You are solely responsible for paying all expenses you may incur when you access or use the Website, stream or download any material posted on it or upload content, including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download. Accessing and using features on the Website to stream, download, view or listen to the content made available on it or to upload content may lead to substantial bandwidth usage by you which can be expensive so you should be careful you do not exceed any ‘bandwidth limit’ on your account with your internet or data service provider.

YOUR CONCERNS

If you have any concerns about material that appears on the Website or these Website Terms, please address those by sending us an email to info@kimedashi.com