This agreement governs the relationship between you the “user” and the website www.lxspy.co.uk owned and operated by Kasshin Ltd. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your sale constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending an email to you indicating that your sale has been fulfilled.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Kasshin Ltd advertises and / or makes available for sale through this Website;
Kasshin Ltd means a company registered in England and Wales with company registration number 7823124, with registered office at the time being located at 1 Kings Avenue, Winchmore Hill, London, N21 3NA;
“Service” means collectively any online facilities, tools, services or information that Kasshin Ltd makes available through the Website either now or in the future;
“Payment Information” means any details required and or supplied for the sales of Goods from the Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Sales Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” means our place(s) of business as we may decide from time to time, currently located at 58 Davies Street, London, W1K 5JF;
“System” means any online communications infrastructure that Kasshin Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Kasshin Ltd and acting in the course of their employment; and
“Website” means the websites www.lxspy.co.uk and any sub-domains of those sites unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
Kasshin Ltd (UK) accepts no responsibility for unauthorised use of its websites by those under the age of 18, or at all.
3. Business Customers
3.1 These Terms and Conditions apply to customers buying Goods in the course of business.
3.2 If Goods are being bought from outside Kasshin Ltd’s country of residence, duties and taxes may be incurred once your Goods reach their destination. Kasshin Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the buyer of the Goods, you will also be the exporter of record and as such should ensure that your sale is in full compliance with the laws of the country into which the Goods are being exported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Kasshin Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Kasshin Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
4.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Kasshin Ltd.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Kasshin Ltd or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Kasshin Ltd.
9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language, as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Kasshin Ltd or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Kasshin Ltd reserves the right to monitor any and all communications made to us or using our System.
9.3 You acknowledge that Kasshin Ltd may retain copies of any and all communications made to us or using our System.
9.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
10.1 In order to buy Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a sale. By continuing to use this Website you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 You will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. Kasshin Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Kasshin Ltd immediately to suspend your Account and cancel any unauthorised sales that may be pending. In the event that an unauthorised sale is dispatched prior to your notifying us of the unauthorised nature of the sale, Kasshin Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the sales Information.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Third Parties Websites
11.1 Where this website or any other website owned and or operated by Kasshin Ltd contains links to other websites, we make no representations with regard to the content of those websites and accept no responsibility in respect of the accuracy, legality, decency or relevancy of those websites the seller will be bound by their terms and conditions. Kasshin Ltd bears no liability whatsoever for third party websites. For the avoidance of doubt, any sales of auction items that are made via third party websites are not subject to the terms and conditions of this agreement and Kasshin Ltd bear no responsibility for any sales via third party websites.
12. Your obligation
12.1 Throughout the term of this agreement, the buyer shall, upon viewing the good on the website (www.lxspy.co.uk ) in which the buyer will show an interest, either proceed with the purchase of the goods or the buyer shall contact Kasshin Ltd within and arrange an appointment to view the selected product at Kasshin’s Ltd head offices situated at, 58 Davies Street, London, W1K 5JF.
13. Returns policy
13.1 We want you to be completely satisfied with your purchase. You may cancel your order at any time before we despatch the goods or if the goods have been delivered then 14 days from this date. In order to cancel you order, please email firstname.lastname@example.org.
13.2 You may not cancel an order if the goods have adjusted to your specific requirement or if they have been personalised.
13.3 Any costs associated with returning the good must be paid by you and you must take care in ensuring that the goods are not damaged. If the goods are to be returned by post then we recommend using a tracking system where the good is signed for.
13.4 If any of the items that were included with the good such as box and paperwork are missing when the good is returned then we reserve the right to make a reasonable deduction.
13.5 If all the above terms are adhered to and the good is not damaged or missing items such as paperwork, you will be refunded within 14 days of receipt of the item.
14. Defect and Damage
14.1 On delivery, it is your responsibility to inspect and report to Customer Services any visible damage/defect to the Products. Do not leave products wrapped and unchecked. All visible damage should be reported within 24 hours of delivery thereafter we reserve the right to refuse your claim. If you believe our goods are of an unsatisfactory quality, please contact us on email@example.com. If your claim is accepted you must return the good in the original packaging and a full refund will be issued, unless payment has been made by Credit or debit card or any such payment method that incurs bank charges. In such instances a refund will be made less any banking charges incurred in accepting your method of payment.
15. Termination and Cancellation of your account
15.1 Either Kasshin Ltd or you may terminate your Account. If Kasshin Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons and Kasshin Ltd shall not be liable for any loss arising, whatsoever, from its decision to terminate an account(s).
15.2 If Kasshin Ltd terminates your Account; any current or pending sales on your Account will be cancelled.
15.3 Kasshin Ltd reserves the right to cancel sales without stating reasons.
16. Goods, Pricing and Availability
16.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Kasshin Ltd correspond to the actual Goods, Kasshin Ltd is not responsible for any variations from these descriptions.
16.2 This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
16.3 Where appropriate, you may be required to select the required size model colour number other features of the Goods that you are purchasing.
16.4 All pricing information on the Website is correct at the time of going online. Kasshin Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
16.5 In the event that prices are changed during the period between an order being placed for Goods and Kasshin Ltd processing that order and taking payment, you will be contacted prior to your sale being processed with details of the new price.
17.1 You acknowledge and agree that, in the event that there are discrepancies such as faults and damaged goods or differences between the descriptions of goods provided on the Web Site or elsewhere, that Kasshin Ltd bears no legal liability in respect of the same. You further acknowledge that in the event of any dispute whatsoever and howsoever arising as to delivery, quality or anything else relating to goods via any of Kasshins websites, that Kasshin Ltd bears no liability.
17.2 KASSHIN LTD MAKE NO REPRESENTATION OR WARRANTY AND ACCEPTS NO LIABILITY WHATSOEVER TO THE SELLER, THE BUYER, OR ANY THIRD PARTY FOR SUCH FAULTS.
19.1 Kasshin Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
19.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
19.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
19.4 Whilst Kasshin Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
20. Changes to the Service and these Terms and Conditions
Kasshin Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Kasshin Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
21. Availability of the Website
21.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
21.2 Kasshin Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
22. Limitation of Liability
22.1 To the maximum extent permitted by law, Kasshin Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
22.2 Nothing in these Terms and Conditions excludes or restricts Kasshin Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Kasshin Ltd.
22.3 Nothing in these Terms and Conditions excludes or restricts Kasshin Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
22.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
You agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, legal fees) resulting from any claims that you assert, or may assert, based on or relating to your use, or the use by any other individual using your username and password, of the Website or the Service. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from violations by you, or any individual using your username and password, of any of the terms of this Agreement
24. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
25. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise
26. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Kasshin Ltd.
27.1 All notices / communications shall be given to us by first class post to our Premises (see address above). Such notice will be deemed received 3 working days after posting by first class post.
27.2 Unless you have stated otherwise, Kasshin Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please notify Kasshin Ltd.
28. Law and Jurisdiction
28.1 These Terms and Conditions and the relationship between you and Kasshin Ltd shall be governed by and construed in accordance with the Law of England and Wales and Kasshin Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
28.2 Where as a result of any breach of contract by yourself the user, including but not limited to any failure by the user to pay sums when due, Kasshin Ltd is entitled to and shall claim from the user its legal costs as incurred as a result of the said breach. For the avoidance of doubt the user shall indemnify Kasshin Ltd in respect of all legal costs incurred as a result of the users breach, irrespective of whether or not the Civil Procedure Rules pertaining at the time allow the same, for instance by virtue of the value of any claim.