Terms & Conditions
TERMS & CONDITIONS
If you have any queries regarding these Terms, please contact us at Support@kensngtn.com
This Website is owned and operated by Kensington Brothers Ltd. a registered company of New Zealand trading as Kensngtn at www.Kensngtn.com
Kensington Brothers Ltd. does not accept any deviating terms and conditions of the customer unless we agree to these explicitly and in writing. The terms and conditions listed below are directed only at customers who are users, which means people who conclude legal transactions for a purpose which is attributed to personal and non-commercial use only.
By using this Website, you warrant that:
· you are legally capable of entering into binding contracts
· you are at least 18 years of age
· the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity
The products sold on the Website are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
Customers must provide Kensington Brothers Ltd. with complete and accurate details when making purchases. Kensington Brothers Ltd. is not liable if we are given an incorrect delivery address at the time of purchase or where you fail to collect the products from the delivery address which you specified. Any additional expenses in correcting the order are the responsibility of the customer.
Kensington Brothers Ltd. accepts only the methods of payment stated on the web portal during the order process. The customer independently chooses the preferred way of paying among the offered payment methods.
All prices quoted are in New Zealand dollars (NZD) and include GST. Costs related to international orders are calculated using an integrated currency converter. Kensington Brothers Ltd. is not responsible for varying currency conversion rates charged by customers’ banks.
Customers will receive an invoice confirming the order once Kensington Brothers Ltd. receives payment. Some orders may be subject to fraud checks, this means you may be required to provide additional identification to verify your transaction.
The customers’ claims to damages or compensation of frustrated expenditures against Kensington Brothers Ltd. are directed – without regard to the legal nature of the asserted claim – according to these terms.
Our liability – regardless of the legal basis of customer's claims – shall be excluded unless the damage arose due to intent or gross negligence on our part, by our employees, legal representatives, or vicarious agents. Provided our liability is excluded or limited, the same goes for the personal liability of our employees, legal representatives, or vicarious agents.
We accept liability in accordance with the statutory law for of damage resulting from injury to life, limb or health, due to intentional gross negligence or negligence of duties arising from the contractual relationship on our part, by our legal representatives, employees or vicarious agents.
In particular, we disclaim all liabilities in connection with the following:
· incompatibility of the website with any of your equipment, software or telecommunications links
· technical problems including errors or interruptions of the website
· unsuitability, unreliability or inaccuracy of the website
· failure of the website to meet your requirements.
DATA STORAGE AND DATA PROTECTION
The customer acknowledges and consents to Kensington Brothers Ltd. storing the customer's personal data necessary to processing an order. The customer explicitly consents to collecting, processing and using their personal data. Of course, stored personal data will be treated confidentially.
The customer has the right to revoke their consent with future effect. In such a case, we are obliged to erase or block personal data in accordance with the applying data protection regulations. In case of a cancelled registration processes, the erasure of personal data occurs after cancellation of the registration process.
Kensington Brothers Ltd. is not responsible for any typographical errors including representation of products as well as prices. Kensington Brothers Ltd. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Kensington Brothers Ltd. assumes no responsibility regarding the accuracy of the information that is provided by its websites, and use of such information is at the recipient’s own risk.
Kensington Brothers Ltd. has used its best endeavors to ensure all information, graphics, audio and video and other items appearing on this site (‘Content’) are correct and up-to-date at the time of publication. Kensington Brothers Ltd. does not represent or warrant the accuracy or completeness of the Content and does not remain liable for any errors, omissions or defects. Depending on the resolution of the screen you use to access the Website, the colours of products as displayed on this Website may not constitute an accurate depiction of the true colour of the item.
To the extent permitted by law, Kensington Brothers Ltd. and its directors, employees, agents and contractors exclude all liability for any consequential, indirect or incidental loss or for any loss of profits, income, business or goodwill, that occurs as a result of your use or access of this Website, and/or from you using or relying on the Content, whether or not it's caused by any negligent act or oversight on our part or by Kensington Brothers’ related corporations.
THIRD PARTY SITES
The Website may contain hyperlinks to sites operated by third parties. Kensington Brothers Ltd. does not control these linked sites, and we are therefore not responsible for the content of those sites. Links are provided solely for your own convenience and Kensington Brothers’ decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and services solely at your own risk.
All Content contained on this Website is protected by New Zealand and international copyright laws, unless indicated otherwise on this site.
You may view this site and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by Kensington Brothers Ltd. and then only according the conditions as stipulated by Kensington Brothers Ltd.; and (b) include the copyright notice " Kensington Brothers Ltd." on the copy.
You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on this Website, except as allowed by this site or as agreed by Kensngtn in writing.
(b) Trademark Notice
This site contains registered trademarks that are, unless shown otherwise, either owned or licensed by Kensington Brothers and are protected under the laws of New Zealand and other countries. You must not use Kensington Brothers’ trademarks, except: (a) by saving or printing out a copy of this site as allowed under the copyright notice set out above; (b) as part of a legitimate reference to Kensngtn or a Kensington Brothers product or (c) with Kensington Brothers’ prior written consent.
The use of any trademarks on this site that are not owned or licensed by Kensington Brothers is not intended to indicate any association with, or endorsement by, the owner of that trademark.
(c) Intellectual Property in Designs
This Website contains graphics and other visual representations of products protected by copyright and equivalent laws in other jurisdictions. Kensington Brothers takes active steps to protect its rights in its designs and strictly enforces these rights pursuant to the applicable laws.
Making electronic, or other, copies of products displayed on this Website with the intent of reproducing them in whole or in part is strictly prohibited.
All discount codes and price discounts are in issued in NZD. Discount codes cannot be used in conjunction with any other offer (excluding clearance sale prices).
Orders are processed on business days (Monday through Friday) excluding public holidays in Auckland, New Zealand.
Customers will be provided with tracking numbers once orders are shipped out.
See our shipping policies for further details.
In the event where a parcel is not claimed/refused by the receiver, Courier Post will attempt re-delivery. If Courier Post and/or our team is unable to arrange a re-delivery by Courier Post's cut-off time, the parcel will be destroyed and abandoned by authorities in the receiver's country. Consequently, there will be no refunds for parcels that are not claimed or refused.
Kensington Brothers takes every measure against credit card fraud. If we suspect that a customer’s order may be fraudulent, we will contact the customer to confirm certain details. If the customer refuses to respond with the required information within 7 working days, we reserve the right to cancel the order.
Kensington Brothers reserves the right to cancel any order if we are unable to provide the requested products. Customers will be immediately contacted in these cases.
Kensington Brothers is not liable to compensate for any loss, expense or inconvenience customers may face as a result of cancellation.