Kudos Apparel Limited provide products and services to you subject to the following conditions. If you visit or enquire from our website, you accept these conditions. Please read them carefully. Throughout these Terms and Conditions the term we refers in all instances to Kudos Apparel Limited.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
AGREEMENT A supply agreement is made only upon these terms and conditions. No additional, or alternative, terms or conditions will apply to a supply agreement unless, between us, or through our authorised representatives, we agree otherwise in writing.
We will be entitled to cancel a supply agreement at any time if you have exceeded or will (as a result of the supply agreement in question or otherwise) exceed your authorised credit limit with us, or if any invoices rendered to you for goods previously supplied are overdue.
SPECIFICATION OF GOODS
All descriptions and other details provided in relation to goods are subject to confirmation by us and may be changed without notice. All sizes are approximate to fit sizes and are given as a general guidance only. Colours, shades, materials and sizes of goods may vary to some extent from those illustrated. We will rely upon your orders being correct in entering into a supply agreement and reserve the right to refuse to take back goods, which are ordered in error or are no longer required.
We reserve the right for reasons of continuous improvement, to make changes to the items shown in our current catalogue and on our websites.
In order for us to update and improve our range, we reserve the right to remove selected styles from time to time.
Bespoke goods branded are non-returnable
RISK AND PROPERTY INSURANCE
All risk in the goods (including their loss or destruction) will pass to you:- - immediately upon the date when delivery takes place (or would have taken place but for your act or default) - immediately upon the goods leaving our premises (if we are to deliver them to a third party at your request) - immediately upon the goods having been posted (if we are to deliver the goods by post) The property in and title to the goods will not pass to you until we have received payment in full of all amounts due to us in respect of the goods and of all amounts due in respect of other goods previously delivered and invoiced to you.
WARRANTIES AND CONDITIONS
We undertake that the goods will, in all material respects, comply with any general description, which we may have submitted to you, will be of satisfactory quality and reasonably fit for the purpose for which they were manufactured subject to normal usage
EXCLUSION/LIMITATION OF OUR LIABILITY TO YOU
Our liability to you is limited to the invoice value (not including VAT) of the goods which fail to comply with the express undertaking given above. You agree that, in return for the undertakings given, all warranties representations guarantees conditions and other terms, which would be implied into a supply agreement by law, are excluded.
We will not be deemed to be in breach of this supply agreement if we are unable to comply with our contractual obligations because of any event or circumstance which is in any way wholly or primarily beyond our control or not due to our act or default and in any such event or circumstance we will be entitled to extend the time for complying with our obligations under a supply agreement by a reasonable time and (if we are still not able to comply with our obligations after such reasonable extension) either of us may thereafter terminate the supply agreement in question by written notice to the other. We will not be liable to you for loss of profits or of a market or for any type of special indirect or consequential loss.
INTELLECTUAL PROPERTY RIGHTS
All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs claims and liabilities, which we may suffer, incur as a result of your using reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.
A supply agreement shall be governed by the Laws of England and shall be subject to the exclusive jurisdiction of English Courts of Law. A working day is any day from Monday to Friday except for Good Friday, Easter Monday, Christmas Day and any statutory bank or public holiday. We both agree that these terms and conditions strike a reasonable balance between our respective interests. If any of these terms and conditions shall be invalid or unenforceable for any reason then that shall not affect the validity of the remainder of these terms and conditions which will remain in full force and effect but as if any such invalid or unenforceable terms or condition had never formed part of it. Kudos Apparel Limited shall grant, at their discretion, the facility of a credit account on receiving two satisfactory trade references and a bank reference. We will also consider, where appropriate, occasionally searching your record at credit reference agencies.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit Kudos Apparel Limited or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kudos Apparel Limited or its content suppliers and protected by United Kingdom and international copyright laws. The compilation of all content on this site is the exclusive property of Kudos Apparel Limited, with copyright authorship for this collection by Kudos Apparel Limited, and protected by U.K. and international copyright laws.
Kudos Apparel Limited trademarks and trade dress may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kudos Apparel Limited. All other trademarks not owned by Kudos Apparel Limited or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kudos Apparel Limited or its subsidiaries.
LICENSE AND SITE ACCESS
Kudos Apparel Limited grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Kudos Apparel Limited. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kudos Apparel Limited. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kudos Apparel Limited and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilising Kudos Apparel Limited name or trademarks without the express written consent of Kudos Apparel Limited. Any unauthorised use terminates the permission or license granted by Kudos Apparel Limited. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Kudos Apparel Limited so long as the link does not portray Kudos Apparel Limited, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kudos Apparel Limited logo or other proprietary graphic or trademark as part of the link without express written permission.
RISK OF LOSS
All items purchased from Kudos Apparel Limited are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Kudos Apparel Limited and its associates attempt to be as accurate as possible. However, Kudos Apparel Limited does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Kudos Apparel Limited itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Kudos Apparel Limited on an "AS IS" and "AS AVAILABLE" basis. Kudos Apparel Limited makes no representations or warranties of any kind, express or implied,as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Kudos Apparel Limited disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose. Kudos Apparel Limited does not warrant that this site, its servers, or email sent from Kudos Apparel Limited are free from viruses or other harmful components. Kudos Apparel Limited will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations my not apply to you, and you might have additional rights. APPLICABLE LAW By visiting Kudos Apparel Limited, you agree that the laws of United Kingdom, without regard to principles of conflict of laws, will govern these Terms and Conditions of use and any dispute of any sort that might arise between you and Kudos Apparel Limited or its associates.
Any dispute relating in any way to your visit to Kudos Apparel Limited or to products you purchase through Kudos Apparel Limited shall be submitted to confidential arbitration in United Kingdom, except that, to the extent you have in any manner violated or threatened to violate Kudos Apparel Limited’s intellectual property rights, Kudos Apparel Limited may seek injunctive or other appropriate relief in court in the United Kingdom, and you consent to exclusive jurisdiction and venue in such courts. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Kudos Apparel Limited. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.