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 The Bonded Warehouse, 18 Lower Byrom Street, Manchester, United Kingdom, M3 4AP.
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 October 2021.
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 email@example.com. 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 Miss Kick Payment and Shipping Policy 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 mispricing, 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 and 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 outside 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.