Christmas Returns Policy
Purchases made between 29th November 2022 and 31st December 2022 can be returned* up until 31st January 2023.
*excluding items marked sale.
What is your returns policy?
We accept returns within 30 days of purchase. Items must be unused and in a resellable condition.
How do I return an item?
You will receive a return form in your parcel. Fill out the relevant details and insert the form back into the parcel. Please note it can take up 21 days for your refund to be processed.
Do you offer free returns?
At the moment we do not offer free returns. The cost of returns will be the responsibility of the customer. We recommend sending your return tracked.
I have not received a return form in my parcel.
We are sorry you have not received a return form. Please email firstname.lastname@example.org and we will send you the form to print off. Alternatively you can write your order number, full name, email address and the product name and size of the items you are returning, on a piece of paper.
What is the return address?
Please send all returns to the following address: MissKick c/o Synergy Retail Support, Unit3, Ravens Way, Crow Lane Industrial Estate, Northampton, NN3 9UD.
All customers will be provided with tracking information on day of dispatch. See courier website for full tracking journey.
UK orders will be dispatched by UK YODEL 3-5 WORKING DAYS or UK Yodel 1-2 Working Days – 5pm Cut Off. This may take longer during peak times, so please allow a few more days in these circumstances (Excluding NI).9
For delivery to the UK, there is a flat rate charge of £3.50.
Northern Ireland be dispatched by UK YODEL 3-5 WORKING DAY or UK YODEL 24HRS TRACKED and are normally delivered within 3-5 working days. This may take longer during peak times, so please allow a few more days in these circumstances.
For delivery to Northern Ireland. The flat rate charge is £7.00.
Europe orders will be dispatched by DPD EU and are normally delivered within 5-7 working days. This may take longer during peak times, so please allow a few more days in these circumstances.
For delivery to the rest of Europe, there is a flat rate charge of:
Republic of Ireland - £11.00
Germany - £10.00
France - £13.00
Netherlands - £11.00
Italy - £15.00
Rest of Europe: £40.00
Australia orders will be dispatched by DPD AIR and are normally delivered within 7-14 working days. This may take longer during peak times, so please allow a few more days in these circumstances.
For delivery to Australia, there is a flat rate charge of £20.00
America orders will be dispatched by FEDEX EXPRESS DAP and are normally delivered within 7-14 working days. This may take longer during peak times, so please allow a few more days in these circumstances.
For delivery to America mainland, there is a flat rate charge of £15.00.
America, Islands there is a flat rate charge of £30.00.
REST OF WORLD
Rest of World orders will be dispatched by DPD AIR and are normally delivered within 7-14 working days. This may take longer during peak times, so please allow a few more days in these circumstances.
For delivery to Rest of World, there is a flat rate charge of £18.00.
For any enquires regarding shipping, please contact email@example.com
CUSTOMS DUTY TAX
As England have now left the European Union, all countries from Europe may be subject to Customs and Excise Duty as well as Value Added Tax (VAT) payments. This amount will vary depending on the country receiving the delivery and the value of the order.
Customs duty is not due for orders that do not exceed 135 GBP. If you have any questions or concerns, please feel free to email the team at firstname.lastname@example.org.
The Miss Kick community channels, including Instagram, Facebook and WhatsApp (the community channels) are designed as a safe place for users to talk about, and share with each other, their hobbies, interests and things they are passionate about, and to have access to and view Miss Kick news, stories and be a part of the Miss Kick community. It is not the place for criminal activity, racism, sexism, bullying and quite simply anything that could be deemed inappropriate by another user of the community channels. We want the community channels to be a tool for good people to do good things, and we ask you as part of our community to help uphold these principles.
We really hope you enjoy using the community channels and appreciate the many different types of uses we see for them. We encourage you to recommend improvements to the community channels, as well as recommend it to people you think it might be useful for.
ABOUT US AND THE COMMUNITY CHANNELS
These community channels are operated by MissKick Ltd (we, us, our or Miss Kick), a company registered in England and Wales under company number 11307456. Our registered office is at Misskick Ltd, Progress house, 39, Wilmslow Road, Withington, M20 3BN.
To use these community channels, you must comply at all times with these Terms and our Acceptable Use Policy.
Ambassadors are individuals who have been invited to be, or who have successfully applied to be, ambassadors of the Miss Kick community.
AGE RESTRICTIONS AND CONSENT
You must be at least 13 years old to create an account on the community channels. If you’re under the age of 13, you may only access our channels through a parent/guardian ran account using their personal data.
If you wish to become an Ambassador, and you are under the age of 16 years, we must obtain the consent of a parent/guardian prior to you becoming an Ambassador. We will ask you for your parent/guardian’s email address so that we can obtain their consent.
OTHER TERMS THAT MAY APPLY
If you are an Ambassador you will be able to post content on the community channels set up for Ambassadors, and send private/ group messages to other Miss Kick Ambassadors via these community channels. Please be aware that content that you post via the community channels are visible to other Ambassadors. You should not post or upload information that you want to keep confidential.
Please be aware that internet transmissions are never completely private or secure and that any message or information Ambassadors send using the community channels may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. If you are an Ambassador, you are responsible for ensuring that you connect to secure networks when using the community channels to reduce the risk of information being intercepted.
THE COMMUNITY CHANNELS AND YOUR DEVICE
Support For The Community Channels And How To Tell Us About Problems
Support. If you have any problems with the community channels, please contact us via email@example.com.
How We Will Communicate with You. If we have to contact you we may do so either through the community channels, by email, or by SMS, using the contact details you have provided to us.
You may use the community channels for your own personal use only.
When using the community channels, you agree to the following:
You will not use the community channels in any way that breaches these Terms or in breach of any law.
You will not download, view or use the community channels (or any part of them) in order to build a product or service which competes with the community channels or services provided by Miss Kick.
You will not rent, lease, sub-license, loan, provide, or otherwise make available, the community channels, in any form, in whole or in part, to any person without prior written consent from Miss Kick.
You will not copy the community channels, except as part of the normal use of the community channels or where it is necessary for the purpose of back-up or operational security.
You will not translate, merge, adapt, vary, alter or modify, the whole or any part of the community channels, nor permit the community channels (or any part of them) to be combined with or incorporated in, any other programs, except as necessary to use the community channels on devices as permitted in these Terms.
You will cooperate with valid law enforcement requests notified by us in relation to your access and use of the community channels.
Acceptable Use Policy
When using the community channels, you agree to comply with the Acceptable Use Policy.
If you see any content on the community channels that you consider is inappropriate or in breach of these Terms or the Acceptable Use Policy, please report it to firstname.lastname@example.org.
Intellectual Property Rights
All intellectual property rights (if any) in the content posted on and uploaded to the community channels by a user will be owned by that user. You will not be able to post any content on the community channels unless you are an Ambassador. If you post any content on the community channels, you grant us a royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, copy, publicly perform and/or display that content on the community channels or otherwise for the purpose of providing our services to you.
Right to Takedown Content
The community channels are family friendly communication platforms and we are strictly against any inappropriate content being posted on or uploaded to the community channels.
We provide a reporting option via email@example.com, whereby users can report content that is inappropriate or in breach of our Acceptable Use Policy to Miss Kick.
If a user breaches these Terms or the Acceptable Use Policy, we reserve the right to remove or block any content from the community channels and/or withdraw the user’s right to use the community channels, without prior notice. We also reserve the right to report any infringing content to relevant law enforcement authorities and regulatory bodies of competent jurisdiction if we are legally obliged to do so, to the extent necessary to comply with such obligation. These rights are without prejudice to any other rights we may have.
INTELLECTUAL PROPERTY RIGHTS IN THE COMMUNITY CHANNELS
All intellectual property rights in the community channels, and in the content we publish on the community channels, are owned by Miss Kick (or its licensors). The copyright, design rights, trade marks and other intellectual property rights subsisting in and/or relating to the community channels, and the content and design of the community channels (including any images, audio-visual content, trade marks, logos, designs, source code and user interfaces relating to or used on or in the community channels) are owned by us (or our licensors).
OUR LIABILITY TO YOU IS LIMITED
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied is proven to have damaged a device or digital content belonging to you, 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 reasonable precautions or 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.
We are not liable for business losses. If you use the community channels for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Community Channels. The community channels are provided for general information and entertainment purposes only. We do not offer advice on the community channels on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the community channels. Although we make reasonable efforts to update the information provided by the community channels, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date.
We do not guarantee availability of the community channels. We do not promise or guarantee that the community channels will be available at all times or that your use of the community channels will be uninterrupted, or error free. The use of the community channels is dependent on and can be affected by factors outside our control, including the availability and speed of internet networks, and we shall not be liable for any loss or damage suffered as a result of not being able to access the community channels.
We are not responsible for events outside our control. If our provision of services or support for the community channels is suspended or delayed by an event outside our control (including but not limited to an act of God, flood, storm, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, war or armed conflict, nuclear, chemical or biological contamination, any law or any action taken by a government or public authority, collapse of buildings, breakdown of plant or machinery, fire, explosion or accident, interruption or failure of utility service, or non-performance of subcontractors) then we will not be liable for the suspension or delay.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
If you breach these Terms or the Acceptable Use Policy:
We may withdraw your right to use the community channels (including by blocking your account) and will contact you to let you know. If what you have done can be put right we will give you a reasonable opportunity to do so.
We may bring legal proceedings against you for reimbursement of any costs (including but not limited to reasonable administrative and legal costs) resulting from your breach.
If we end your rights to use the community channels, we may block your account, and you must stop using the community channels, and remove the community channels from all devices in your possession.
Changes to These Terms
We may make changes to these Terms from time to time and will notify users of any changes to these Terms by email or via the community channels. If you do not accept the changes please do not continue to use the community channels.
Updates to The Community Channels
From time to time we will issue updates to the community channels to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Any such update will be issued as an automatic update or, if you opt out of automatic updates, you can choose to install the update manually. If you choose not to install any such update or if you opt out of automatic updates you may not be able to continue using the community channels.
If Someone Else Owns the Phone or Device You Are Using
If you download the community channels onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms whether or not you own the phone or other device.
We Are Not Responsible For Other Websites You Link To
We May Transfer Our Rights to Someone Else
We may transfer our rights and obligations under these Terms to another organisation. We will notify users if this happens and we will ensure that the transfer will not affect your rights under these Terms.
If A Court Finds Part Of These Terms Illegal, the Rest Will Continue In Force
Each of the paragraphs of these Terms operates separately. If any court or authority of competent jurisdiction decides that any of the paragraphs of these Terms is invalid, unenforceable or unlawful, the remaining paragraphs will remain in full force and effect.
Even If We Delay In Enforcing These Terms, We Can Still Enforce It Later
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of any breach of these Terms by you, that will not mean that we have waived our rights to do so and we may pursue such rights at a later date.
Which Laws Apply To This Contract and Where You May Bring Legal Proceedings
These Terms and any dispute or claim arising out of or in connection with these Terms or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. You and us both agree that we can bring legal proceedings in respect of these Terms and any dispute or claim arising out of or in connection with these Terms or their subject matter in the English courts. 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.
C. ACCEPTABLE USE OF THE
COMMUNITY CHANNELS AND THEIR FEATURES
We do our best to keep the community channels a safe and trustworthy environment, but we
cannot guarantee it. We need your help to keep community channels safe and trustworthy, which includes the following commitments by you:
2. You will not collect user content or information, or otherwise access the community channels, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not share any personal data (as defined in the Data Protection
Legislation) where it is unnecessary to do so.
4. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on
the community channels.
5. You will not upload viruses or other malicious code.
6. You will not solicit login information or access an account belonging to someone
7. You will not bully, intimidate, or harass any user.
8. You will not post content that: is hate speech, threatening, or pornographic;
incites violence; or contains nudity or graphic or gratuitous violence.
9. You will not post any content that is illegal under UK law or under the laws of the
countries where you or other members of the community channels reside or view
10. You will not use the community channels to do anything unlawful, misleading,
malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper
working or appearance of the community channels.
12. You will not facilitate or encourage any violations of these terms or our policies.
13. You will not impersonate anyone (including by using false details to create
14. If you see anything that you feel is inappropriate you shall report it to
15. You will cooperate with valid law enforcement requests.
16. You will not post implied links to inappropriate content.
Protecting Other Peoples Rights
We respect other peoples rights, and expect you to do the same.
1. You will not post content or take any action on the community channels that
infringes or violates someone else's rights or otherwise violates the law.
2. If you repeatedly infringe other peoples intellectual property rights, we will disable
your account when appropriate.
3. You will not use our copyrights or trademarks or any confusingly similar marks,
except with our prior written permission.
4. If you collect information from users, you will: obtain their consent, make it clear
you (and not Misskick ltd) are the one collecting their information, and post a
5. You will not post anyone's identification documents or sensitive financial
information without that persons prior consent.
6. You will not tag users or send email invitations to non-users without their
Acceptable Use Restrictions
* not use
the community channels to collect inappropriate amounts of personal data;
* not use
the community channels in any unlawful manner, for any unlawful purpose, or in
any manner inconsistent with these terms;
* not act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the community channels
or any operating system;
* not infringe our intellectual property rights or those of any third party in relation to your use of the community channels, including by the submission of
any material (to the extent that such use is not licensed by these terms);
* not transmit any material that is defamatory, offensive or otherwise objectionable
in relation to your use of the community channels;
* not use the community channels in a way that could damage, disable, overburden, impair
or compromise our systems or security or interfere with other users; and
* not collect or harvest any information or data from the community channels or our
systems or attempt to decipher any transmissions to or from the servers running
This website is operated by MissKick Ltd (we or us), a company registered in England and Wales under company number 11307456. Our registered office is at Miss Kick Ltd, Progress House, 396 Wilmslow Road, Manchester, M20 3BN.
These are the terms and conditions (Terms) under which we sell the products on our website (Products) and will apply to any contract between us for the sale of Products to you. Please read these Terms carefully before you place your order.
These Terms were last updated in January 2022.
These Terms apply to the purchase of Products via our website by consumers only.
1 HOW WE USE YOUR PERSONAL INFORMATION
2 COMMUNICATIONS BETWEEN US
2.1 You can contact us by completing the contact form on our website or by writing to us at firstname.lastname@example.org. If you wish to contact us about your order, please provide your order number so that we can deal with your matter more quickly.
2.2 If we have to contact you, we will do so using the contact details you provided to us in your order, unless you have asked us to contact you by any other means.
2.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
3 OUR PRODUCTS
3.1 The images of the Products on our website and in our other advertising materials are for illustrative purposes only. The Products you purchase and receive may vary slightly from those images. Although we have made every effort to display and print the colours and finish of the Products accurately, we cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours and finish of the Products that will be delivered to you. The packaging of Products may vary from that shown on the images on our website or in our other advertising materials.
4 OUR CONTRACT WITH YOU
4.1 You may only purchase Products from us if you are legally capable of entering into a binding contract with us (for example, in England and Wales you must be at least 18 years old), and a resident in a country to which we deliver – please see our payment & shipping section for details.
4.2 All orders placed via our website are subject to these Terms. By ordering Products through our website, you are deemed to have understood and accepted these Terms.
4.3 We may send you an order acknowledgement email following receipt of your order. This email does not constitute acceptance of your order. Acceptance of your order will only take place when we despatch your order to you, at which point a contract will come into existence between you and us, unless we notify you that we are unable to accept your order in accordance with clause 4.4 below.
4.4 If we are unable to accept your order or we are unable to supply any Products in your order (for example, where a Product is out of stock, or we are unable to obtain payment from you, or because we have identified an error in the price or description of a Product), we will inform you of this. If you have already paid for the order, we will refund you for the amount paid for the order or affected Product(s) (as applicable).
5.1 The price of the Products is set out on our website. We take all reasonable care to ensure that the prices of Products on our website are correct. However, it is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. If, before dispatch of a Product, we discover that the Product’s correct price at the date of your order is higher than the price stated on our website when you placed your order, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing with the order at the correct price or cancelling your order. If we accept and process your order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mis-pricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
5.2 All prices are shown in pounds sterling. The price of a Product includes VAT (where applicable) at the relevant current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect. The price of a Product excludes delivery charges. Please refer to our Miss Kick Payment & Shipping Policy on our website for more details.
6.1 The accepted payment methods are set out at the bottom of our website.
6.2 We will take payment from your chosen payment method at the time your order is placed.
6.3 If you wish to make payment using a voucher or gift card, it is your responsibility to enter the correct code during the online checkout process. Please note that the use of such vouchers and gift cards may be subject to additional terms and conditions provided with such voucher or gift card.
6.4 If you order products for delivery to a destination outside the UK, your order may be subject to import duties and taxes which are applied when it reaches the delivery destination. Please note that we have no control over these charges and you will be responsible for payment of any such import duties and taxes.
7.1 The costs of delivery, the locations we deliver to, and the estimated delivery times are set out in the Shipping policy; Miss Kick Payment and Shipping Policy on our website.
7.2 Depending on your chosen delivery location and delivery method, you may be required to sign for a delivery or there may be other requirements for accepting delivery. If our delivery partner is unable to deliver the Products, our delivery partner will leave you a note or contact you to inform you how to rearrange delivery or to let you know if the Products will need to be collected from a local depot.
7.3 Where our delivery partner has attempted and failed to deliver the Products to you and you do not re-arrange delivery or collect your Products from the delivery depot where they are being held, in accordance with the instructions provided, the Products may be returned to us by the delivery partner, and we may end the contract with you. If we have to end the contract in these circumstances, we will refund the price you paid for the Products but we may deduct from the refund the delivery charges paid by you for the delivery of the Products to you, and any costs charged to us by our delivery partner for returning the Products to us.
7.4 Delivery of your order shall be complete when we deliver the Products to the address you gave us or to a person identified by you to take delivery of the Products (such as a neighbour) and the Products will be your responsibility from that time.
7.5 You will own the Products once we have received payment in full.
8 RETURNS AND YOUR RIGHT TO CANCEL THE CONTRACT
Returning your product because you have changed your mind
8.1 For information on how to return a Product because you have changed your mind, please read our Returns Policy at Miss Kick Returns Policy on our website. You should return the Products to us at the address set out in paragraph 8.7 below, in an unused, re-saleable condition, in the original packaging with all the tags intact. We will give you a refund for Products returned in accordance with our Returns Policy.
Returning a product because it is faulty
8.2 We are under a legal duty to supply Products that are in conformity with the contract and these Terms.
8.3 If you consider that any Product we have supplied is faulty or mis-described, please notify us using the contact details set out in clause 2.1. You should return such Products to us at the address set out in paragraph 8.7 below, in accordance with our reasonable instructions, and if the Products are faulty or mis-described we will give you a refund.
Your right to cancel your contract
8.4 If you are a consumer and reside in the UK or European Economic Area, you have a legal right to cancel your contract if you change your mind, within 14 days after you receive the Products.To cancel your contract, you need to let us know that you have decided to cancel your contract, providing details of your name, address, the order you wish to cancel and, where available, your phone number and email address. You can contact us by email using the details set out in clause 2.1 above.
8.5 If you decide to cancel your contract, you should return the Products to us at the address set out in paragraph 8.7 below. If you decide to cancel your contract, you should return the Products to us at your cost within 14 days of telling us you wish to end the contract. You should return the Products in an unused, re-saleable condition, in the original packaging with all the tags intact. Please note that the right to cancel your contract does not apply to products that cannot be returned for hygiene reasons, such as face coverings, swimwear or lingerie (where the hygiene seal has been removed), or to products that have been personalised for you.
8.6 Where you have cancelled your contract in accordance with this paragraph 8, we will refund the price you paid for the Products by the payment method used to pay for the original transaction, within 14 days after the Products are returned. This will include the cost you paid for the delivery of the Products, save that the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop.
8.7 All returns should be sent to us at the following address:
MissKick c/o Synergy Retail Support
Unit 3, Ravens Way
Crow Lane Industrial Estate
It is important that you clearly reference ‘Miss Kick’ on the parcel.
8.8 Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office or equivalent consumer protection organisation in your jurisdiction.
9 EVENTS OUT OF OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (but not by our own staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks (excluding our own private networks) or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.2 If our supply of the Products is delayed by an Event Outside Our Control then we will contact you to notify you, and we will not be liable for delays caused by the event, but if there is a risk of substantial delay, we will let you know and you may contact us to end the contract and receive a refund for any products you have paid for but not received. To cancel a contract under this clause 9 please contact us using the details set out in clause 2.1.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights in our Products are owned by us or our licensors. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
11.1 If you have any complaints about our Products, you can contact us using the details set out in clause 2.1.
12 OTHER IMPORTANT TERMS
12.1 Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you reside.
12.2 We may transfer our rights and obligations under any contract with you to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.3 The contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 These Terms, and any contract between us, are only in the English language. Please note that we may not necessarily keep a copy of these Terms or your order and we would therefore encourage you to retain a copy for your own records.
12.5 Each of the provisions in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
12.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.7 These Terms are governed by the law of England and Wales. This means a contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by the law of England and Wales, except that if you are not resident in England and Wales the laws of England and Wales shall apply only to the extent that they do not override any mandatory laws of the country in which you have your usual place of residence.
12.8 In respect of any dispute or claim relating to a contract, we each submit to the non-exclusive jurisdiction of the courts of England and Wales, but nothing in this clause shall limit your legal rights to bring an action or to require proceedings to take place in the country in which you have your usual place of residence. For example, if you live in Scotland you can bring legal proceedings in respect of your contract in either the Scottish or the English courts.
We may collect, use, store and transfer different kinds of personal data about you, for example when you contact us or when you subscribe to our newsletter, (if you are a Website User) when you visit and use our website, (if you are a Customer) when you purchase products from us, (if you are an community channel User) when you and register an account for the community channel, or (if you are an Ambassador) when you apply to be an Ambassador.
We want you to know that we don’t sell any of the personal data you share with us or that we collect.
2. HOW TO CONTACT US
MissKick Ltd is the “data controller” in respect of your personal data for the purposes of data protection legislation. MissKick Ltd is a limited company registered in England and Wales under company number 11307456. Our registered office is at The Bonded Warehouse, 18 Lower Byrom Street, Manchester, United Kingdom, M3 4AP.
The person responsible for data protection matters at Miss Kick is Grace Vella and she can be contacted by email at email@example.com.
3. WHAT DATA DO WE COLLECT?
Personal data is any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
Whenever we collect, store, use, disclose or delete your personal data, this is referred to as processing your personal data. As a Website User and/or Customer and/or community channel User and/or Ambassador, we will process different kinds of personal data about you. We have grouped these together in different categories below:
· Identity data – data which identifies you including your name, title, username, gender, date of birth, age, profile photo on the community channels and any images of yourself which you send to us or upload to the community channels.
· Contact data – your contact details such as your delivery address, billing address, telephone number(s) and email address.
· Purchase data – information concerning the products you have purchased from us, including how frequently you purchase from us, whether you have used any discount or gift card codes or other offers, which products you have purchased and how much you have spent with us.
· Security data - for your security, we keep an encrypted record of your login password.
· Customer Service data – information relating to your interactions with our customer service team by email, phone or post or by submitting an enquiry form on our website or by reporting an issue on the community channels. For example, information you provide when you make a general enquiry, ask us for product advice or in the unfortunate case that you need to complain to us.
· Financial data – data we collect if you purchase a product from us, such as your bank account and payment card details.
· Review data – information you provide to us when you review our products on our website or when you provide feedback to our customer services team.
· Community channel data – data we collect relating to your interactions with our community channels such as when you like or comment on our posts in the gallery or newsfeed in the community channel, or which you otherwise upload to the community channel, and (if you are an Ambassador) information about any Ambassador challenges you have signed up for (via the community channel) and completed.
· Marketing data – data which we capture when you sign up to receive our newsletter and other marketing communications, including your preferences regarding us contacting you in this way.
· Usage data – information about how you use our website, including how you navigate our website, which pages you view, the advertisements you click on, any search terms you enter and if you encounter any problems. We also collect details of how you arrive at our website (eg through Google).
· Technical data – electronic information which is automatically logged/stored by processing equipment including details of the device(s) you use to access our services, internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
· Social Media data – data you provide to us directly about your social media accounts or which we have access to when you connect with us or like or follow our social media accounts, including your social media handle, photograph, date of birth, location, occupation, interests and other information and content you make available via your social media accounts.
We do not collect any special category or criminal data about you (such as information about your health, criminal record, race, political opinions, religious beliefs or your sexuality).
4. WHEN DO WE COLLECT YOUR DATA?
Direct interactions: Most of the personal data we hold about you is collected directly from you when you interact with us or correspond with us directly via our website or community channel, by email or on social media. This includes personal data you provide when you:
· visit our website;
· create an account on our website or community channel;
· register to become an Ambassador;
· place an order for any of our products;
· subscribe to receive our marketing communications;
· engage with us on social media, such as by following us, liking our posts, commenting on our posts or sending direct messages;
· (if you are an Ambassador) sign up for (via the community channel), and complete, an Ambassador challenge;
· contact us by any means including filling out an enquiry form on our website or by sending us an email;
· give us feedback;
· comment on or review our products on our website;
· comment on or like our posts in the gallery or newsfeed in the community channel.
Automated technology: When you visit our website, our systems will automatically collect information about your equipment, browsing actions and patterns. We collect this personal data (namely Technical and Usage data) by using cookies, tracking pixels, server logs and other similar technologies. Please see the section headed “Cookies” below.
Other third parties: We may also receive personal data about you from various third parties as set out below:
· our third party e-commerce website provider (currently Shopify) whose services enable us to process electronic orders and payments for products;
· our third party warehouse provider (currently Synergy Retail Support) who provide stock management and delivery services;
· analytics providers, such as Google Analytics and Omnisend who provide us with Technical and Usage data;
· advertising networks, such as Google Adwords and Facebook who provide us with Technical and Usage data; and
· operators of social media platforms, including Facebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, which may be based outside of the UK and EEA.
5. HOW AND WHY WE USE YOUR PERSONAL DATA
We only process your personal data where we have a legal basis to do so. The legal basis will vary depending on the reason we are collecting your personal data. Sometimes we might rely on more than one legal basis when we process your personal data depending on why are using your data. Please contact us at any time if you need more information about how we are using your personal data and which legal basis we are relying on. We have summarised below the legal basis we rely on to use your personal data and examples of how this works in practice:
· Where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract
We will need to process your data when you purchase products from us in order to process and deliver your order including taking payment from you. We are likely to process your Identity, Contact, Purchase, Customer Service and Financial data on this basis.
· Where we have your consent to do so, subject to your right to withdraw consent (further details provided in the section headed “What are your rights over your data" below)
Children under the age of 13 years will not be able to create an account for the community channel. For children under the age of 16 years who wish to become an Ambassador, we will seek the consent of a parent/guardian for you to become an Ambassador.
We may send you marketing communications by email if you have subscribed to receiving these communications from us. We use Omnisend to monitor and improve the effectiveness of our marketing communications to make them more suitable for our customers. Omnisend track whether our emails are opened and which features/links recipients click on. Further information on Omnisend can be found at: https://www.omnisend.com.
Please see the section headed “Marketing preferences” for information on how to stop direct marketing communications from us or to change your marketing preferences.
We will also obtain your consent to collect certain Usage and Technical data when we ask you to consent to cookies. Please see the section headed “Cookies” below for more information.
Where we process information on the basis of consent, if at any time you want us to stop processing this information, you can withdraw your consent.
· Where it is necessary to comply with a legal or regulatory obligation that we are subject to
We are subject to legal and regulatory obligations that require us to process your personal data, for example, anti-money laundering obligations and consumer contracts legislation. We are likely to process your Identity, Contact, Purchase, Security, Financial, and Technical data in connection with this purpose.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
Our legitimate interests in processing your personal data for our own business purposes include the following:
· To promote our products and our business, including via our website and community channel, via email, and via social media (which may include processing Identity, Contact, Purchase, Customer Service, Review, Community Channel, Marketing, Usage, Technical and Social Media data);
· To personalise our marketing to you to provide you with a better and more engaging experience (which may include processing Identity, Contact, Purchase, Customer Service, Review, Community Channel, Marketing, Usage, Technical and Social Media data);
· To correspond with you concerning your account for our website or community channels or your purchases, and to respond to your queries, refund requests and complaints (which may include processing Identity, Contact, Purchase, Customer Service, Community Channel, Marketing, Usage and Social Media data);
· To conduct our business and operate as a retailer of clothing, to further our business and community interests and operate profitably (which may include processing Identity, Contact, Purchase, Customer Service, Review, Community Channel, Marketing, Usage, Technical and Social Media data);
· To develop and grow our business, improve our products and offerings, our website and community channel, and our customer service (which may include processing Identity, Contact, Purchase, Customer Service, Review, Community Channel, Marketing, Usage, Technical and Social Media data);
· To process orders for products including managing payments and collecting and recovering money owed to us (which may include processing Identity, Contact, Purchase, Financial, Customer Service, Review,Marketing, Usage and Social Media data);
· To send you survey and feedback requests to help us improve our products and services (which may include processing Identity, Contact, Purchase, Customer Service, Review, Community Channel, Marketing, Usage and Social Media data). You may opt out of receiving these requests from us at any time by updating your marketing preferences. Please see the section headed “Marketing preferences” for more information;
· To administer and protect our business, our website, our online store and our community channels (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (which may include processing Identity, Contact, Purchase, Customer Service, Review, Community Channel, Usage and Technical data);
· To create and maintain accurate business records (which may include processing Identity, Contact, Purchase, Customer Service, Review, Community Channel, Marketing, Usage, Technical and Social Media data);
· To protect our business and financial interests and for the purpose of establishing, exercising or defending legal claims (which may include processing Identity, Contact, Purchase, Security, Customer Service, Financial, Review, Community Channel, Marketing, Usage, Technical and Social Media data);
· To ensure our website, online store and community channels are being used in compliance with relevant terms and conditions (which may include processing Identity, Contact, Purchase, Security, Customer Service, Financial, Review, Community Channel, Marketing, Usage, Technical and Social Media data); and
· For fraud prevention, anti-money laundering, and for the prevention or detection of crime (which may include processing Identity, Contact, Security, Financial, Usage and Technical data).
6. CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we wish to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
7. IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data from you in order to comply with our legal obligations or to perform a contract we have with you and you fail to provide that data when requested, we may not be able to perform the relevant contract (for example, to deliver your products or process your payment). In this case, we may have to cancel the relevant contract.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Your personal data is only available to authorised personnel of Miss Kick who need access to the information in order to fulfil their duties. All Miss Kick personnel who have access to your personal data will only process your personal data on our instructions and they shall be subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Unfortunately, however, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
9. HOW LONG WILL WE KEEP YOUR DATA?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In relation to marketing consents, we may ask for your updated consent from time to time if we have not heard from you in a while to check that you still want to receive our emails. If you decide to opt-out we will keep a record of this alongside your email address or other contact details to ensure that we do not send you marketing communications going forward.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) in order to develop our business methods and strategy or for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
We shall not have any liability whatsoever to you for the deletion of personal data in accordance with our data retention policy.
10. WHO DO WE SHARE YOUR DATA WITH?
We may share your personal data with the following third parties in order to perform a contract with you, comply with a legal or regulatory obligation, in our legitimate interests of conducting our business or where you have consented:
· Third parties who support our website and our community channels and provide other business systems, such as Shopify and PADOQ;
· Our third party warehouse provider (currently Synergy Retail Support);
· Operational companies such as delivery couriers;
· Third party payment providers and ‘buy now, pay later’ finance providers such as Stripe, Klarna, Clearpay and PayPal;
· Our accounting software provider, Xero.
· Data analytics companies such as Google Analytics;
· Marketing and advertising providers such as Omnisend;
· Social media platforms and online search engines, such as Facebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, to show you products that might interest you while you’re browsing the internet and using social media platforms.
· Our charitable organisation, the Miss Kick Foundation.
· Third parties to whom we may choose to sell, transfer or merge parts of our business or assets. Alternatively, we may seek to acquire other businesses or merge with them.
· Other companies and organisations for the purposes of fraud protection and credit risk reduction, HM Revenue & Customs, the police, regulators and other authorities and public bodies.
· Professional advisers, including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accountancy services.
We require all our data processors to respect the security of your personal data and to treat it in accordance with the law. We do not allow our data processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
11. INTERNATIONAL TRANSFERS
If we need to transfer your data outside of the UK, we ensure your data receives the same protection as if it were being processed inside the UK by ensuring at least one of the following safeguards is implemented:
· We will transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by UK adequacy regulations. For further details, see https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers-after-uk-exit/#adequacy-decision.
· In some instances, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the EEA. For further details, see https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-transfers-after-uk-exit/#adequacy-decision.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data outside of the UK.
In the case of data processed by Shopify, our ecommerce provider, details of the data transfers which they make outside the UK can be found at: https://help.shopify.com/pdf/cross-border-whitepaper.pdf
12. WHAT ARE YOUR RIGHTS OVER YOUR DATA?
You have certain rights in respect of the personal data that we process about you (where we are the data controller because we determine the purpose and means for which that personal data shall be processed):
· the right to request access to your personal data that we hold and to receive certain information relating to that data;
· the right to ask us to rectify inaccurate data or to complete incomplete data;
· the right to receive or ask for your personal data to be transferred to a third party in a structured, commonly used and machine-readable format (note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you);
· the right to request the erasure of personal data if it is no longer necessary in relation to the purposes for which it was collected or processed or if you have successfully objected to processing (note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request);
· the right to object to how we process your personal data in certain circumstances, including the right to ask us not to process your personal data for marketing purposes;
· the right to restrict processing of your personal data, for example if you want us to establish the accuracy of the data or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it; and
· where we are processing personal data relating to you on the basis that we have your consent to do so, you may withdraw your consent at any time (this will not affect the lawfulness of any processing carried out before you withdraw your consent). If you withdraw your consent, we may not be able to provide certain products or services to you.
If you wish to exercise any of the other rights set out above, please contact us by email at firstname.lastname@example.org.
We may ask you to verify your identity if you make a request to us to exercise any of the rights set out above. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We will try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
13. MARKETING PREFERENCES
There are several ways you can stop direct marketing communications from us:
· You can click the ‘unsubscribe’ link in any email communication that we send you.
· You can contact us at email@example.com.
Please note that you may continue to receive communications for a short period after changing your preferences while our systems are fully updated.
For more information about the cookies we use and the reasons why we use them, please see our Miss Kick Cookies Policy.
15. LINKS TO OTHER WEBSITES
16. HOW TO COMPLAIN
Please let us know if you are unhappy with how we have used your personal data. You can contact us by email at firstname.lastname@example.org.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please do contact us in the first instance and we shall endeavour to resolve your complaint.
17. CHANGES TO YOUR DATA
It is important that the personal data we hold about you is accurate and current. Please let us know if your contact details change during your relationship with us. You have the right to question any information we hold about you that you think is wrong or incomplete. Please contact us if you want to do this.
Miss Kick works with children and families as part of its activities. This includes bringing people together across our online platforms and sharing inspiring content created by our community.
The purpose of this policy statement is to:
Protect children and young people who take art in Miss Kick’s activities, specifically whereby their photographs or videos may be shared.
Set out the overarching principles that guide our approach to photos/ video use of children and young people.
To ensure that we operate in line with our values and within the law when creating, using and sharing images of children and young people
The policy statement applies to all staff, volunteers and other adults associated with Miss Kick.
This policy has been drawn up on the basis of legislation, policy and guidance that seeks to protect children.
We believe that:
Children and young people should never experience abuse of any kind.
We have a responsibility to promote the welfare of all children and young people and to take, share and use images of children safely.
We recognise that:
Sharing photographs and videos can help us celebrate the successes and achievements of our children and young people, provide a record of our activities and raise awareness of our organisation.
The welfare of the children and young people taking part in our activities is paramount.
Children, their parents and carers have a right to decide whether their images are taken and how these may be used, regardless of age, disability, gender reassignment, race, religion or belief, sex or sexual orientation.
Consent to use images/ videos of children is only meaningful when children, their parents and carers understand how the images will be used and stored, and are fully aware of the potential risks associated with the use and distribution of these images.
There are potential risks associated with sharing images of children online.
We will seek to keep children and young people safe by:
Only using a child's photo/ video content if parental/ carer consent has been obtained.
Always explaining what images will be used for, how they will be stored and what potential risks are associated with sharing images of children.
Making it clear that if a child or their family withdraw consent for an image/ video to be shared, it may not be possible to delete images/ videos that have already been shared or published.
Only use first names if we need to identify them.
Never publishing personal information about individual children.
Making sure children, their parents and carers understand how images/ videos of children will be securely stored (including how we will control access to the images and their associated information).
Reducing the risk of images being copied or used inappropriately by: only using images of children in appropriate clothing and only using images that positively reflect young people’s involvement in the activity.
We will also develop a procedure for reporting the abuse or misuse of images of children as part of our child protection procedures. We will ensure everyone involved in our organisation knows the procedures to follow to keep children safe.
We will store photographs and videos of children securely, in accordance with our safeguarding policy and data protection law.
We will never store images of children on unencrypted portable equipment such as laptops, memory sticks and mobile phones. Miss Kick will only store images/ videos of children that have been used for promotional activities.
We are committed to reviewing our policy and good practice annually.