Terms of service
OVERVIEW
Welcome to Kipper & Co! The terms "we", "us" and "our" refer to Kipper & Co. Kipper & Co operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Kipper & Co is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://kipperandco.co.uk/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Nothing in these Terms affects your statutory rights as a consumer under the laws of the United Kingdom.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least 18 years old, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You confirm that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, colours or product appearance may differ slightly from how they appear on your screen due to the device you use and its settings.
All products we sell will match their description, be of satisfactory quality and be fit for purpose, as required by the Consumer Rights Act 2015.
Product descriptions may be updated from time to time. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Kipper & Co reserves the right to accept or decline your order. Your order is not accepted until Kipper & Co confirms acceptance. We must receive and process your payment before your order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will notify you using the email address, billing address and/or phone number provided at the time the order was made, and refund any payment in full.
Your purchases may be returned or cancelled in accordance with our Refund Policy (https://kipperandco.co.uk/policies/refund-policy). This does not affect your statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You confirm that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
All prices are shown in pounds sterling (GBP) and include VAT. Shipping is free on all UK orders. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
We may offer promotions from time to time which are governed by their own terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store, and to promptly update this information so that we can complete your transactions and contact you as needed.
You confirm that the payment card information you provide is true, correct and complete, and that you are authorised to use that card for the purchase.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates and are set out in our Shipping Policy (https://kipperandco.co.uk/policies/shipping-policy). Products remain at our risk until they are delivered to you. If your order is lost or significantly delayed, please contact us and we will arrange a replacement or refund as described in our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, video, and audio, and the design, selection, and arrangement thereof, are owned by Kipper & Co, its affiliates or licensors and are protected by UK and international copyright and intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. Nothing in these Terms grants you a licence or other rights under any trademark, copyright, or other intellectual property of Kipper & Co, Shopify or any third party. All rights not expressly granted are reserved by Kipper & Co.
Kipper & Co's name, logos, product names, designs and slogans are the property of Kipper & Co. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over.
Such tools are provided "as is" and "as available". Any use by you of optional third-party tools is at your own discretion, and you should make sure you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).
We may offer new features through the Services in the future. Such new features will also be part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites provided or operated by third parties. We are not responsible for the content or accuracy of any third-party websites you choose to access, and you do so at your own risk.
Please review any third party's policies and practices carefully before you engage in any transaction with them. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Kipper & Co is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Kipper & Co. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Kipper & Co, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kipper & Co.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is handled in accordance with our Privacy Policy (https://kipperandco.co.uk/policies/privacy-policy) and UK data protection law. Certain personal information may also be subject to Shopify's Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit may be shared with Shopify and with third parties that may be located outside the United Kingdom, in order to provide services to you. Please review our Privacy Policy for more details.
SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and display such Feedback in any medium for any purpose, including to operate, improve and promote the Services.
You confirm that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it.
We may monitor, edit or remove Feedback that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms.
Your Feedback must not infringe the rights of any third party, must not be defamatory, abusive or obscene, and must not contain any virus or malware. You must not use a false email address, pretend to be someone else, or otherwise mislead us or others as to the origin of any Feedback.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any such errors and to update information. If an error affects an order you have already placed, we will contact you before proceeding, and if we cancel your order you will receive a full refund.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) in breach of any applicable local, national or international law or regulation; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, intimidate or discriminate against any of our staff or any other person; (e) to transmit false or misleading information; (f) to send, upload, download or use any material that does not comply with these Terms; (g) to send any unsolicited advertising or promotional material, including spam or chain letters; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services, or which may harm Kipper & Co, Shopify or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraping tool, automated process or AI tool (such as agentic AI) to access the Services; or (f) interfere with, bypass or circumvent any security or access-control features of the Services. We may suspend or terminate your account if we reasonably determine that you have breached these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate these Terms or your access to the Services at any time if you breach these Terms. You will remain liable for any amounts due up to the date of termination. Termination does not affect any order you have already placed and paid for, or your statutory rights in relation to it.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The general information presented on the Services (other than product descriptions) is provided for general information purposes only.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Nothing in these Terms excludes or limits your statutory rights as a consumer, including your rights under the Consumer Rights Act 2015 that goods will be of satisfactory quality, fit for purpose and as described. For more information about your statutory rights, contact Citizens Advice.
SECTION 17 - LIMITATION OF LIABILITY
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence. We are not responsible for any loss or damage that is not foreseeable.
We only supply products for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights in relation to the products, or for defective products under the Consumer Protection Act 1987, or any other liability that cannot be limited or excluded by law.
SECTION 18 - INDEMNIFICATION
To the extent permitted by law, you agree to compensate Kipper & Co for any losses, damages or reasonable legal costs payable to a third party that arise directly from (1) your deliberate breach of these Terms of Service, or (2) your violation of any law or the rights of a third party through your use of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will continue in full force and effect.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
If we fail to exercise or enforce any right or provision of these Terms of Service, this will not constitute a waiver of that right or provision.
These Terms of Service and the policies referenced in them constitute the entire agreement between you and us in relation to your use of the Services, and supersede any prior versions of these Terms.
SECTION 21 - ASSIGNMENT
You may not transfer your rights or obligations under these Terms without our prior written consent. We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens, and it will not affect your rights under these Terms.
SECTION 22 - GOVERNING LAW
These Terms of Service are governed by the laws of England and Wales. You can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not affect their interpretation.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We may update or replace any part of these Terms of Service by posting changes to our website. We will notify you of any material changes in accordance with applicable law. The Terms in effect at the time you place an order will apply to that order.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at kipperandco.store@gmail.com.
Our contact information is:
Kipper & Co
Apartment 44, South Central
33 Essex Street
Birmingham
B5 4BX
United Kingdom
kipperandco.store@gmail.com