POLICIES

  • TERMS & CONDITIONS
  • PAYMENT & SHIPPING
  • PRIVACY POLICY
  • SIZE GUIDE
  • CUSTOMS DUTY TAX
  • COOKIES POLICY
  • APP ACCEPTABLE USE POLICY

TERMS & CONDITIONS

This website is operated by MissKick Ltd (we or us), a company registered in England and Wales under companynumber 11307456. Our registered office is at The Bonded Warehouse, 18Lower Byrom Street, Manchester, United Kingdom, M3 4AP.

These are the terms andconditions (Terms) under which wesell 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 purchaseof Products via our website by consumers only.

1              How weuse your personal information

1.1          We useyour personal information in accordance with our Miss Kick Privacy Policy. Please take time to read this policy, as itincludes important terms which apply to you.

2              Communicationsbetween us

2.1          You cancontact us by completing the contact form on our website or by writing to us atinfo@misskick.com. If you wish to contact us about your order, please provide yourorder number so that we can deal with your matter more quickly.

2.2          If wehave to contact you, we will do so using the contact details you provided to usin your order, unless you have asked us to contact you by any other means.

2.3          Theprovisions of this clause shall not apply to the service of any proceedings orother documents in any legal action.

3              OurProducts

3.1          Theimages of the Products on our website and in our other advertising materialsare for illustrative purposes only. The Products you purchase and receive mayvary slightly from those images. Although we have made every effort to displayand print the colours and finish of the Products accurately, we cannotguarantee that your computer's display of the pictures, or the pictures in ourother advertising materials, accurately reflect the colours and finish of theProducts that will be delivered to you. The packaging of Products may vary fromthat shown on the images on our website or in our other advertising materials.

4              Our contractwith you

4.1          You mayonly purchase Products from us if you are legally capable of entering into abinding contract with us (for example, in England and Wales you must be atleast 18 years old), and a resident in a country to which we deliver – pleasesee our Miss KickPayment and Shipping Policy for details.

4.2          Allorders placed via our website are subject to these Terms. By ordering Productsthrough our website, you are deemed to have understood and accepted these Terms.

4.3          We may send you an order acknowledgement email followingreceipt 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 toyou, 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 withclause 4.4 below.

4.4          If we are unable to accept your order or we areunable to supply any Products in your order (for example, where a Product isout of stock, or we are unable to obtain payment from you, or because we haveidentified an error in the price or description of a Product), we will informyou of this. If you have already paid for the order, we will refund you for theamount paid for the order or affected Product(s) (as applicable).

5              Price

5.1          The price of the Products is set out on ourwebsite. We take all reasonable care to ensure that the prices of Products onour website are correct. However, it is always possiblethat, despite our best efforts, some of the Products we sell may be incorrectlypriced. If, before dispatch of a Product, we discover that the Product’scorrect price at the date of your order is higher than the price stated on ourwebsite when you placed your order, we will contact you as soon aspossible to inform you of this error and we will give you the option ofcontinuing with the order at the correct price or cancelling your order. If weaccept and process your order where such a pricing error is obvious andunmistakeable 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 thereturn of any Products provided to you.

5.2          All prices are shown in pounds sterling. Theprice of a Product includes VAT (where applicable) at the relevant current ratechargeable for the time being. However, if the rate of VAT changes between thedate 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 VATtakes effect. The price of a Product excludes delivery charges. Pleaserefer to our Miss Kick Payment and Shipping Policy on our website for more details.

6              Payment

6.1          The accepted payment methods are set out at thebottom of our website.

6.2          We willtake payment from your chosen payment method at the time your order is placed. 

6.3          If you wishto make payment using a voucher or gift card, it is your responsibility toenter the correct code during the online checkout process. Please note that theuse of such vouchers and gift cards may be subject to additional terms andconditions provided with such voucher or gift card.

6.4          If youorder Products for delivery to a destination outside the UK, your order may besubject to import duties and taxes which are applied when it reaches thedelivery destination. Please note that we have no control over these chargesand you will be responsible for payment of any such import duties and taxes

7              Delivery

7.1          Thecosts of delivery, the locations we deliver to, and theestimated delivery times are set out in the Shipping policy; Miss Kick Payment and Shipping Policy on our website.

7.2          Dependingon your chosen delivery location and delivery method, you may be required tosign for a delivery or there may be other requirements for accepting delivery. Ifour delivery partner is unable to deliver the Products, our delivery partnerwill leave you a note or contact you to inform you how to rearrangedelivery or to let you know if the Products will need to be collected from alocal depot.

7.3          Where our delivery partner has attempted andfailed to deliver the Products to you and you do not re-arrange delivery orcollect your Products from the delivery depot where they are being held, inaccordance with the instructions provided, the Products may be returned to usby the delivery partner, and we may end the contract with you. If we have toend the contract in these circumstances, we will refund the price you paid forthe Products but we may deduct from the refund the delivery charges paid by youfor the delivery of the Products to you, and any costs charged to us by ourdelivery partner for returning the Products to us.

7.4          Deliveryof your order shall be complete when we deliver the Products to the address yougave us or to a person identified by you to take delivery of the Products (suchas a neighbour) and the Products will be your responsibility from that time.

7.5          You will own the Products once we have receivedpayment in full.

8              Returns and your right to cancel the contract

Returning your product becauseyou have changed your mind

8.1          Forinformation on how to return a Product because you have changed your mind, pleaseread our Returns Policy at Miss Kick Returns Policy onour website. You should return the Products to us at the address set out inparagraph 8.7 below, in an unused, re-saleable condition, in the originalpackaging with all the tags intact. We will give you a refund for Productsreturned in accordance with our Returns Policy.

Returninga product because it is faulty

8.2          We areunder a legal duty to supply Products that are in conformity with the contractand these Terms.

8.3          If youconsider that any Product we have supplied is faulty or mis-described, pleasenotify us using the contact details set out in clause 2.1. You should return such Products to us at the address set out inparagraph 8.7 below, in accordance with our reasonable instructions, and if theProducts are faulty or mis-described we will give you a refund.

Yourright to cancel your contract

8.4          If you are a consumer and reside in the UK or EuropeanEconomic Area, you have a legal right to cancel your contract if you changeyour mind, within 14 days after you receive the Products.To cancel your contract, you need to let us know that you havedecided to cancel your contract, providing details of your name, address, theorder you wish to cancel and, where available, your phone number and emailaddress. You can contact usby email using the details set out in clause 2.1 above.

8.5          If you decideto cancel your contract, you should return the Products to us at the addressset out in paragraph 8.7 below. If you decide to cancel your contract, youshould return the Products to us at your cost within14 days of telling us you wish to end the contract. You should return theProducts in an unused, re-saleable condition, in the original packaging with allthe tags intact. Please note that the right to cancel your contract does notapply to products that cannot be returned for hygiene reasons, such as facecoverings, swimwear or lingerie (where the hygiene seal has been removed), orto products that have been personalised for you.

8.6          Whereyou 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. Thiswill include the cost you paid for the delivery of the Products, save that the maximum refund for delivery costs will bethe least expensive delivery method we offer to your delivery destination.However, please note that we are permitted by law to reduce your refund toreflect any reduction in the value of the Products, if this has been caused byyour handling them in a way which would not be permitted in a shop.

8.7          Allreturns should be sent to us at the following address:

MissKick c/oSynergy Retail Support

Unit 3,Ravens Way

Crow LaneIndustrial Estate

Northampton

NN3 9UD

It isimportant that you clearly reference ‘Miss Kick’ on the parcel.

8.8          Adviceabout your legal rights is available from your local Citizens' Advice Bureau orTrading Standards office or equivalent consumer protection organisationin your jurisdiction.

9              Events outside our control

9.1          We willnot be liable or responsible for any failure to perform, or delay in theperformance of, any of our obligations under a contract that is causedby an Event Outside Our Control. An EventOutside Our Controlmeans any act or event beyond ourreasonable control, including without limitation strikes, lock-outs or otherindustrial 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 naturaldisaster, 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 privatetransport.

9.2          If oursupply of the Products is delayed by an Event Outside Our Controlthen we will contact you to notify you, and we will not be liable fordelays caused by the event, but if there is a risk of substantial delay, wewill let you know and you may contact us to end the contract and receive arefund for any products you have paid for but not received. To cancel a contract under this clause 9 please contact ususing the details set out in clause 2.1.

10            Intellectual property rights

10.1        All intellectual property rights in our Productsare owned by us or our licensors. Those works are protected by intellectualproperty laws and treaties around the world. All such rights are reserved.

11            Complaints

11.1        If you have anycomplaints about our Products, you can contact us using the details set out in clause 2.1.

12            Other important terms

12.1        Nothingin these Terms shall affect your rights as a consumer under the applicable lawin the jurisdiction in which you reside.

12.2        We maytransfer our rights and obligations under any contract with you to anotherorganisation. We will tell you in writing if this happens and we will ensurethat the transfer will not affect your rights under the contract.  

12.3        The contractis between you and us. No other person shall have any rights to enforce any ofits terms.

12.4        These Terms, and any contract between us, areonly in the English language. Please note that we may not necessarily keep acopy of these Terms or your order and we would therefore encourage you toretain a copy for your own records.

12.5        Each ofthe provisions in these Terms operates separately. If any court or relevantauthority decides that any of them are unlawful or unenforceable, the remainingprovisions will remain in full force and effect.

12.6        If wefail to insist that you perform any of your obligations under these Terms, orif we do not enforce our rights against you, or if we delay in doing so, thatwill not mean that we have waived our rights against you and will not mean thatyou do not have to comply with those obligations. If we do waive a default byyou, we will only do so in writing, and that will not mean that we willautomatically waive any later default by you.

12.7        TheseTerms are governed by the law of England and Wales. This means a contract forthe purchase of Products and any dispute or claim arising out of or in connectionwith it will be governed by the law of England and Wales, except that if youare not resident in England and Wales the laws of England and Wales shall applyonly to the extent that they do not override any mandatory laws of the countryin which you have your usual place of residence.

12.8        Inrespect of any dispute or claim relating to a contract, we each submit to thenon-exclusive jurisdiction of the courts of England and Wales, but nothing inthis clause shall limit your legal rights to bring an action or to requireproceedings to take place in the country in which you have your usual place ofresidence. For example, if you live in Scotland you can bring legal proceedingsin respect of your contract in either the Scottish or the English courts.

 

 

 

 

 


Payment & Shipping


ORDERS

All customers will be provided with tracking information on day of dispatch. See courier website for full tracking journey.


UK ORDERS

UK orders will be dispatched by UK HERMES 48HRS TRACKED or UK HERMES 24HRS TRACKED and are normally delivered within 2-4 working days. This may take longer during peak times, so please allow a few more days in these circumstances.


For delivery to the UK, there is a flat rate charge of £2.99.


EUROPE 

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 £8.99.


AUSTRALIA

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 £9.99.


AMERICA

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 there is a flat rate charge of £9.99.


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 £14.99.


BREXIT

Due to changing Brexit regulations, there may be a delay for orders shipped to Europe. We will do our best to ensure your order arrives during the estimated arrival period, however, please do allow extra days at this time. If you have any questions or queries, please email info@misskick.com. Thanks for your continued support.



For any enquires regarding shipping, please contact info@misskick.com

PRIVACY POLICY



1.         Introduction

This privacy policy sets out the types of personal data thatMiss Kick may collect about you when you interact with us and explains how weprocess your personal data.

This privacy policy applies if you are a visitor to ourwebsite or social media pages (a WebsiteUser) and/or if you purchase any products from Miss Kick (a Customer) and/or if you are a general user (an App User) of the Miss Kickapp (App) and/or an ambassador of the Miss Kick community on the App (anAmbassador).  

We are responsible for deciding how we hold and use personaldata we collect or receive about you. We are committed to protecting andrespecting your privacy. We will ensure your personal data is stored and usedin accordance with this privacy policy.

We may collect, use, store and transfer different kinds ofpersonal data about you, for example when you contact us or when you subscribeto 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 AppUser) when you download and register an account for the App, or (if you are anAmbassador) when you apply to be an Ambassador.

We want you to know that we don’t sell any of the personal datayou share with us or that we collect.

Please read this privacy policy carefully. This privacypolicy may change from time to time. We will regularly review this privacypolicy and any updates we make will be posted on our website. We encourage youto frequently check this page on our website for any changes to stay informedabout how we are collecting and processing personal data about you.

This privacy policy was drafted with brevity and clarity inmind. It does not provide exhaustive detail of all aspects of our collectionand use of personal data. However, we would be happy to provide any additionalinformation or explanation upon request. If you have any questions or concernsabout any of your personal data or information contained within our privacypolicy, please contact us using the details below.

2.         How tocontact us

MissKick Ltd is the “data controller” in respect of yourpersonal data for the purposes of data protection legislation. MissKick Ltd isa 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.

References in this privacy policy to “we”, “us” “our” and “Miss Kick” are to MissKick Ltd.

The person responsible for data protection matters at MissKick is Grace Vella and she can be contacted by email at info@misskick.com.

3.         What data do we collect?

Personal data isany information about an individual from which that person can be identified. Itdoes not include data where the identity has been removed (anonymous data).

Whenever we collect, store, use, disclose or delete yourpersonal data, this is referred to as processingyour personal data. As a Website User and/or Customer and/or App User and/orAmbassador, we will process different kinds of personal data about you. We havegrouped these together in different categories below:

·      Identitydata – data which identifies you including your name, title, username, gender,date of birth, age, profile photo on the App and any images of yourself whichyou send to us or upload to the App.

·      Contactdata – your contact details such as your delivery address, billing address,telephone number(s) and email address.

·      Purchasedata – information concerning the products you have purchased from us,including how frequently you purchase from us, whether you have used anydiscount or gift card codes or other offers, which products you have purchasedand how much you have spent with us.

·      Securitydata - for your security, we keep an encrypted record of your loginpassword.

·      CustomerService data – information relating to your interactions with ourcustomer service team by email, phone or post or by submitting an enquiry formon our website or by reporting an issue on the App. For example, informationyou provide when you make a general enquiry, ask us for product advice or inthe unfortunate case that you need to complain to us.

·      Financialdata – data we collect if you purchase a product from us, such as your bankaccount and payment card details.

·      Reviewdata – information you provide to us when you review our products on our websiteor when you provide feedback to our customer services team.

·      Appdata – data we collect relating to your interactions with our App suchas when you like or comment on our posts in the gallery or newsfeed in the App,or which you otherwise upload to the App, and (if you are an Ambassador) informationabout any Ambassador challenges you have signed up for (via the App) andcompleted.

·      Marketingdata – data which we capture when you sign up to receive our newsletter andother marketing communications, including your preferences regarding uscontacting you in this way.

·      Usagedata – information about how you use our website, including how younavigate our website, which pages you view, the advertisements you click on,any search terms you enter and if you encounter any problems. We also collectdetails of how you arrive at our website (eg through Google).

·      Technicaldata – electronic information which is automatically logged/stored by processingequipment including details of the device(s) you use to access our services,internet protocol (IP) address, your login data, browser type and version, timezone setting and location, browser plug-in types and versions, operating systemand platform and other technology on the devices you use to access our website.

·      SocialMedia data – data you provide to us directly about your social mediaaccounts or which we have access to when you connect with us or like or followour social media accounts, including your social media handle, photograph, dateof birth, location, occupation, interests and other information and content youmake available via your social media accounts.

We may also collect, use and share aggregated data such as statistical or demographic data for anypurpose. Aggregated data may be derived from your personal data but is notconsidered personal data in law as this data does not directly or indirectlyreveal your identity. For example, we may aggregate your Usage data tocalculate the percentage of users accessing a specific feature of our website.However, if we combine or connect aggregated data with your personal data sothat it can directly or indirectly identify you, we treat the combined data aspersonal data which will be used in accordance with this privacy policy.

We do not collect any specialcategory 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 whenyou interact with us or correspond with us directly via our website or App, byemail or on social media. This includes personal data you provide when you:

·      visit our website;

·      create an account on our website or App;

·      register to become an Ambassador;

·      place an order for any of our products;

·      subscribe to receive our marketingcommunications;

·      engage with us on social media, such as byfollowing us, liking our posts, commenting on our posts or sending directmessages;

·      (if you are an Ambassador) sign up for (via theApp), and complete, an Ambassador challenge;

·      contact us by any means including filling out anenquiry 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 ornewsfeed in the App.

Automated technology:When you visit our website, our systems will automatically collect informationabout your equipment, browsing actions and patterns. We collect this personaldata (namely Technical and Usage data) by using cookies, trackingpixels, server logs and other similar technologies. Please see the sectionheaded “Cookies” below.

Other third parties:We may also receive personal data about you from various third parties as setout below:

·      our third party ecommerce website provider(currently Shopify) whose services enable us to process electronic orders andpayments for products;

·      our third party warehouse provider (currentlySynergy Retail Support) who provide stock management and delivery services;

·      analytics providers, such as Google Analytics andOmnisend who provide us with Technical and Usage data;

·      advertising networks, such as Google Adwords andFacebook who provide us with Technical and Usage data; and

·      operators of social media platforms, includingFacebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, which may be basedoutside of the UK and EEA.

 

5.         How and whywe use your personal data

We only processyour personal data where we have a legal basis to do so. The legal basis willvary depending on the reason we are collecting your personal data. Sometimes wemight rely on more than one legal basis when we process your personal datadepending on why are using your data. Please contact us at any time if you needmore information about how we are using your personal data and which legalbasis we are relying on. We have summarised below the legal basis we rely on touse your personal data and examples of how this works in practice:

 

·      Where itis necessary for the performance of a contract to which you are a party or totake steps at your request before entering into such a contract

We will need to process your data when you purchaseproducts from us in order to process and deliver your order including taking paymentfrom you. We are likely to process your Identity, Contact, Purchase,Customer Service and Financial data on this basis.

·      Where wehave your consent to do so, subject to your right to withdraw consent (furtherdetails provided in the section headed What are your rights over your data" below)

           

Children under the age of 13 years will not beable to create an account for the App. For children under the age of 16 years whowish to become an Ambassador, we will seek the consent of a parent/guardian foryou to become an Ambassador.

            We maysend you marketing communications by email if you have subscribed to receiving these communications from us.  We use Omnisend to monitor and improve theeffectiveness of our marketing communications to make them more suitable forour customers. Omnisend track whether our emails are opened and which features/linksrecipients click on. Further information on Omnisend can be found at: https://www.omnisend.com.

            Please see the section headed “Marketing preferences” for informationon how to stop direct marketing communications from us or to change yourmarketing preferences.

We will also obtain yourconsent to collect certain Usage and Technical data when we askyou to consent to cookies. Please see the section headed “Cookies” below for more information.

            Where we process information on the basis of consent, ifat any time you want us to stop processingthis information, you can withdraw your consent.

·      Where itis necessaryto comply with a legalor regulatory obligationthat we aresubject to

We are subject to legal and regulatory obligations thatrequire us to process your personal data, for example, anti-money laundering obligationsand consumer contracts legislation. We are likely to process your Identity,Contact, Purchase, Security, Financial, and Technicaldata in connection with this purpose.

·      Where itis necessary for our legitimate interests (or those of a third party) and yourinterests and fundamental rights do not override those interests

Our legitimate interests in processing your personal datafor our own business purposes include the following:

·               To manage our relationship with you and notifyyou of changes to our terms and conditions or this privacy policy (which mayinclude processing Identity, Contact, Purchase, Security,Customer Service, Review, App, Marketing, Usage,Technical and Social Media data);

·               To promote our products and our business,including via our website and App, via email, and via social media (which mayinclude processing Identity, Contact, Purchase, CustomerService, Review, App, Marketing, Usage, Technicaland Social Media data);

·               To personalise our marketing to you to provideyou with a better and more engaging experience (which may include processing Identity,Contact, Purchase, Customer Service, Review, App,Marketing, Usage, Technical and Social Media data);

·               To correspond with you concerning your account forour website or App or your purchases, and to respond to your queries, refundrequests and complaints (which may include processing Identity, Contact,Purchase, Customer Service, App, Marketing, Usageand Social Media data);

·               To conduct our business and operate as a retailerof clothing, to further our business and community interests and operateprofitably (which may include processing Identity, Contact, Purchase,Customer Service, Review, App, Marketing, Usage,Technical and Social Media data);

·               To develop and grow our business, improve ourproducts and offerings, our website and App, and our customer service (whichmay include processing Identity, Contact, Purchase, CustomerService, Review, App, Marketing, Usage, Technicaland Social Media data);

·               To process orders for products includingmanaging payments and collecting and recovering money owed to us (which mayinclude processing Identity, Contact, Purchase,Financial, Customer Service, Review,Marketing, Usageand Social Media data);

·               To send you survey and feedback requests to helpus improve our products and services (which may include processing Identity,Contact, Purchase, Customer Service, Review, App,Marketing, Usage and Social Media data). You may opt outof receiving these requests from us at any time by updating your marketingpreferences. Please see the section headed “Marketing preferences” for more information;

·               To administer and protect our business, our website,our online store and our App (including troubleshooting, data analysis,testing, system maintenance, support, reporting and hosting of data) (which mayinclude processing Identity, Contact, Purchase, CustomerService, Review, App, Usage and Technical data);

·               To create and maintain accurate business records(which may include processing Identity, Contact, Purchase,Customer Service, Review, App, Marketing, Usage,Technical and Social Media data);

·               To protect our business and financial interestsand for the purpose of establishing, exercising or defending legal claims(which may include processing Identity, Contact, Purchase,Security, Customer Service, Financial, Review, App,Marketing, Usage, Technical and Social Media data);

·               To ensure our website, online store and App arebeing used in compliance with relevant terms and conditions (which may includeprocessing Identity, Contact, Purchase, Security, CustomerService, Financial, Review, App, Marketing, Usage,Technical and Social Media data); and

·               For fraud prevention, anti-money laundering, andfor the prevention or detection of crime (which may include processing Identity,Contact, Security, Financial, Usage and Technicaldata).

6.         Change of purpose

We will only use your personal data for the purposes forwhich we collected it, unless we reasonably consider that we need to use it foranother reason and that reason is compatible with the original purpose. If wewish to use your personal data for an unrelated purpose, we will notify you andwe will explain the legal basis which allows us to do so.

We may process your personal data without yourknowledge or consent, in compliance with the above rules, where this isrequired or permitted by law.

7.         If you fail to provide personal data

Where we need to collect personal data from you in order tocomply with our legal obligations or to perform a contract we have with you andyou fail to provide that data when requested, we may not be able to perform therelevant contract (for example, to deliver your products or process yourpayment). In this case, we may have to cancel the relevant contract.

8.         Security

We have put in place appropriate security measures toprevent your personal data from being accidentally lost, used or accessed in anunauthorised way, altered or disclosed. Your personal data is only available toauthorised personnel of Miss Kick who need access to the information in orderto fulfil their duties. All Miss Kick personnel who have access to yourpersonal data will only process your personal data on our instructions and theyshall be subject to a duty of confidentiality.

We also have procedures in place to deal with any suspecteddata security breach. We will notify you and any applicable regulator of asuspected breach where we are legally required to do so.

Unfortunately, however, the transmission of information viathe internet is not completely secure. Although we do our best to protect yourpersonal data, we cannot guarantee the security of your data transmitted to ourwebsite; any transmission is at your own risk. Once we have received yourinformation, we will use strict procedures and security features to try toprevent unauthorised access.

9.         How long will we keep your data?

We will only retain your personal data for as long asnecessary to fulfil the purposes we collected it for, including for thepurposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personaldata, we consider the amount, nature, and sensitivity of the personal data, thepotential risk of harm from unauthorised use or disclosure of your personaldata, the purposes for which we process your personal data and whether we canachieve those purposes through other means, and the applicable legalrequirements.

In relation to marketing consents, we may ask for yourupdated consent from time to time if we have not heard from you in a while tocheck that you still want to receive our emails. If you decide to opt-out wewill keep a record of this alongside your email address or other contactdetails to ensure that we do not send you marketing communications goingforward.

In some circumstances we may anonymise your personal data(so that it can no longer be associated with you) in order to develop our businessmethods and strategy or for research or statistical purposes, in which case wemay use this information indefinitely without further notice to you.

We shall not have any liability whatsoever to you for thedeletion 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 thirdparties in order to perform a contract with you, comply with a legal orregulatory obligation, in our legitimate interests of conducting our businessor where you have consented:

·      Third parties who support our website and ourApp and provide other business systems, such as Shopify and PADOQ;

·      Our third party warehouse provider (currentlySynergy Retail Support);

·      Operational companies such as delivery couriers;

·      Third party payment providers and ‘buy now, paylater’ finance providers such as Stripe, Klarna, Clearpay and PayPal;

·      Our accounting software provider, Xero.

·      Data analytics companies such as GoogleAnalytics;

·      Marketing and advertising providers such as Omnisend;

·      Social media platforms and online searchengines, such as Facebook, Instagram, Twitter, LinkedIn, YouTube and TikTok, toshow you products that might interest you while you’re browsing the internetand using social media platforms.

·      Our charitable organisation, the Miss KickFoundation.

·      Third parties to whom we may choose to sell,transfer or merge parts of our business or assets. Alternatively, we may seekto acquire other businesses or merge with them.

·      Other companies and organisations for thepurposes 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 securityof your personal data and to treat it in accordance with the law. We do notallow our data processors to use your personal data for their own purposes andonly permit them to process your personal data for specified purposes and inaccordance with our instructions.

In some instances where we share data with third parties,such as HMRC, those third parties will also be controllers of your personal data.We shall not be responsible or liable for the way in which other datacontrollers hold or process your personal data. Please contact those thirdparties for further information regarding how they will use your data. We shallonly share your personal data with third parties in accordance with this privacypolicy.

11.       Internationaltransfers

If we need to transfer your data outside of the UK, weensure your data receives the same protection as ifit were being processed inside the UK by ensuring at least one of thefollowing safeguards is implemented:

·      We will transfer your personal data to countriesthat have been deemed to provide an adequate level of protection for personaldata 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 contractsapproved by the European Commission which give personal data the sameprotection it has in the EEA. For furtherdetails, 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 thespecific mechanism used by us when transferring your personal data outside ofthe UK.

In the case of data processed by Shopify, our ecommerceprovider, details of the data transfers which they make outside the UK can befound 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 thatwe process about you (where we are the data controller because we determine thepurpose and means for which that personal data shall be processed):

·       the right to request access to your personal data that wehold and to receive certain information relating to that data;

·       the right to ask us to rectify inaccurate data or to completeincomplete data;

·       the right to receive or ask for yourpersonal data to be transferred to athird party in a structured, commonly used and machine-readable format (note that this right only appliesto automated information which you initially provided consent for us to use orwhere we used the information to perform a contract with you);

·       the right to request the erasure of personal data if itis no longer necessary in relation to the purposes for which it was collectedor 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 forspecific legal reasons which will be notified to you, if applicable, at thetime of your request);

·       the right to object to how we process your personal data in certaincircumstances, including the right to ask us not to process your personal datafor marketing purposes;

·       the right to restrict processing of your personal data, for example if you wantus to establish the accuracy of the data or you have objected to our use ofyour data but we need to verify whether we have overriding legitimate groundsto use it; and

·      where we are processing personal data relatingto you on the basis that we have your consent to do so, you may withdraw your consent at any time (thiswill not affect the lawfulness of any processing carried out before youwithdraw your consent). If you withdraw your consent, we may not be able toprovide certain products or services to you.

If you wish to exercise any of the other rights set outabove, please contact us by email at info@misskick.com.

We may ask you to verify your identity if you make a requestto us to exercise any of the rights set out above. This is a security measureto ensure that personal data is not disclosed to any person who has no right toreceive it. We may also contact you to ask you for further information inrelation to your request to speed up our response. You will not have to pay afee 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 orexcessive. Alternatively, we may refuse to comply with your request in thesecircumstances.

We will try to respond to all legitimate requests within onemonth. Occasionally, it may take us longer than a month if your request is particularlycomplex or you have made a number of requests. In this case, we will notify youand keep you updated.

13.       Marketing preferences

There are several ways you can stop direct marketingcommunications from us:

·      You can click the ‘unsubscribe’ link in anyemail communication that we send you.

·      You can contact us at      info@misskick.com.

Please note that you may continue to receive communicationsfor a short period after changing your preferences while our systems are fullyupdated.

14.       Cookies

Our website uses cookies to distinguish you from other usersof our website. This helps us to provide you with a good experience when youbrowse our website and to improve our website, products and services. You canfind out more about the way cookies work on www.cookiecentral.com and www.allaboutcookies.org.

For more information about thecookies we use and the reasons why we use them, please see our Cookies Policy MissKick Cookies Policy.

You can set your browser torefuse all or some browser cookies, or to alert you when websites set or accesscookies (and the above websites tell you how to do this). If you disable orrefuse cookies, please note that some parts of our website may becomeinaccessible or not function properly.

15.       Links to other websites

Our website and App may contain links to other websites ofinterest. We do not control the content of these third party websites. Weencourage you to read the privacy policies for these third party websitesbefore submitting personal information to them. Where these third parties arecollecting data on our behalf, your personal data will be transferred to us andused in accordance with this privacy policy. Alternatively, if the third partyhas not been authorised to collect information on our behalf, your personaldata will be controlled by that third party subject to their privacy policy.

16.       How to complain

Please let us know if you are unhappy with how we have usedyour personal data. You can contact us by email at info@misskick.com.

You have the right to make a complaint at any time to theInformation Commissioner's Office (ICO), the UK supervisory authority for dataprotection issues (www.ico.org.uk). Wewould, however, appreciate the chance to deal with your concerns before youapproach the ICO, so please do contact us in the first instance and we shallendeavour to resolve your complaint.

17.       Changes to your data

It is important that the personal data we hold about you isaccurate and current. Please let us know if your contact details change duringyour relationship with us. You have the right to question any information wehold about you that you think is wrong or incomplete. Please contact us if youwant to do this.

This privacy policy was last updated in October 2021.


SIZE GUIDE

Youth

size chart Miss Kick

Width A x Height B. Please note our sizes have changed, see size chart. Suggested age range in brackets.

SizeYS (7/8)YM (9/10)YL (11/12)YXL (14/15)
T-shirts
Width14.96"16.54"18.11"18.90"
Height20.87"22.44"24.02"27.17"
Hoodie
Width17.32"18.11"19.29"21.26"
Height20.47"22.05"23.62"25.20"
Training Top
Width14.96"16.53"18.11"18.89"
Height21.65"23.62"25.59"27.55"
Training Shorts
Width14.42"11.81"12.20"12.60"
Height13.78"14.57"15.35"16.14"

 

Adults

size chart Miss Kick

Width A x Height B. Please note our sizes have changed, see size chart.

SizeSMLXLXXL
T-shirts
Width18.90"19.68"21.26"22.83"24.41"
Height27.17"27.95"28.74"29.53"30.31"
Hoodie
Width21.26"22.44"23.62"24.80"25.98"
Height

25.20"

26.38"

27.56"

28.74"

29.92"
Training Top
Width16.34"17.52"18.70"19.88"21.06"
Height24.41"25.20"25.98"26.77"27.56"
Training Shorts

 

Width14.96"15.75"16.54"14.96"18.11"
Height12.99"13.78"14.57"12.99"16.14"

ORDERS TO EUROPE: 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
Customs duty is not due for orders that do not exceed 150 euros.

If you have any questions or concerns, please feel free to email the team at info@misskick.com.




C. ACCEPTABLE USE OF THE APP AND ITS FEATURES

Safety
We do our best to keep the App a safe and trustworthy environment, but we cannot guarantee it. We need your help to keep App safe and trustworthy, which includes the following commitments by you:
1. You will not post unauthorised commercial communications (including advertising & spam).
2. You will not collect user content or information, or otherwise access the App, 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 App.
5. You will not upload viruses or other malicious code.
6. You will not solicit login information or access an account belonging to someone else.
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 App reside or view content in.
10. You will not use the App 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 App.
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 profiles).
14. If you see anything that you feel is inappropriate you shall report it to community@misskick.com
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 App 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 privacy policy explaining what information you collect and how you will use it.
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 consent. Miss Kick offers social reporting tools to enable users to provide feedback through the application.
Acceptable Use Restrictions
You must:
* not use the App to collect inappropriate amounts of personal data;
* not use the App or Service 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 App, Service or any operating system;
* not infringe our intellectual property rights or those of any third party in relation to your use of the App or Service, 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 App or Service;
* not use the App or Service 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 Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.