Thank you for visiting TheKensingtonian.co.uk (the “Site”).  By using this site you are agreeing to these terms and conditions, and you confirm that you are 18+ 

We have prepared the information below to ensure that your experience on our Site is one you’ll want to repeat again and again. This page provides information on: 

• The terms and conditions on which we sell and supply our products to you via the Site (“Terms of Sale”); and

• The terms and conditions on which you can use the Site (“Terms of Use”). 

  The Terms of Sale and the Terms of Use are collectively referred to as the “terms and conditions”. Full details of how we collect, hold, and process your personally identifiable information are set out in our Privacy Policy. 

Our online store is hosted on WordPress Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Please note that by using the Site and/or placing an order for products from us, you agree to follow and be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Although you may ‘bookmark’ a particular portion of this Site and thereby bypass these terms and conditions, your use of this Site still binds you to the terms and conditions. 

We reserve the right to update or modify these terms and conditions at any time without prior notice. Your use of the Site or placing an order following any such changes constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Site. 

Should you have any questions concerning any of our policies, you can email our team at privacy@thekensingtonian.co.uk. For order queries please email orders@thekensingtonian.co.uk.

About Us

The Site is operated by Programmatic Advertising Ltd a company registered in the United Kingdom (company number: 11511858 and VAT number: 315132643), trading as TheKensingtonian.co.uk, (collectively “The Kensingtonian”, “we”, “us”, “our”). Our registered office address 71- 75 Shelton Street – Covent Garden, London, England, WC2H 9JQ United Kingdom

Terms of Sale

All sales of products made via the Site are subject to these Terms of Sale.

Placing Orders and Contract Creation

The steps for placing an order on the Site and for forming a contract with us are as follows:

• You will be guided through the ordering process by a series of instructions on the Site. You place your order at the end of this process by clicking on the “COMPLETE ORDER” button. You can review/amend your order at any time before clicking on the “COMPLETE ORDER” button. Unfortunately, orders cannot be amended once they have been placed.

• Once you have placed your order, we will send to you an order confirmation email detailing the products you have ordered. This is not an acceptance of your order by us. Your order is an offer to buy a product or products from us and your offer will not be deemed to have been accepted by us until we have sent you an order confirmation email, as stated below.

• As your product or products is/are shipped from the warehouse we will send you an order confirmation email, which will confirm that we have accepted your order. If we do not or cannot accept an order placed by you, for any reason, we will notify you. Once you receive the dispatch confirmation email, a contract is formed between you and us in relation to the product or products set out in the email and payment will be taken. No product will be shipped until payment has been made in full.

The order confirmation email will contain:

Details of your order

Anticipated delivery date for your order or orders (if shipped separately).

Please check the details of the order confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting us at orders@thekensingtonian.co.uk

The contract between us for products sold via the Site will be concluded in English. We will not file the specific details of your contract. If you do require any information regarding orders you have placed with us, please check your order history on the site TheKensingtonian.co.uk

Product Descriptions

We endeavour to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional, and we apologise if erroneous information is reflected in product prices, item availability, or in any way affects your individual order.

Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either express or implied. Please also note that because the colours of the products you will see on the Site depend on your monitor/screen, we cannot guarantee that the display of colour will be accurate, and some colours may vary.

We reserve the right to amend errors or to update product information at any time without prior notice. In the event that a product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price (regardless of whether or not the order has been confirmed and you have been charged). If your card/Klarna/PayPal Commerce account has already been charged for the purchase and your order is cancelled, we shall issue a credit to you in the amount of the incorrect price. 

Product Availability

At The Kensingtonian, we strive to offer a unique range of products that capture our brand’s essence. In the event that a product you ordered is unavailable, we will promptly notify you via email and, if applicable, provide you with an estimated date of when the product will be back in stock and available for dispatch. If you prefer, you also have the option to cancel your order and request a refund (if your payment has already been processed through your Card/Klarna/PayPal Commerce account). We apologise for any inconvenience this may cause and appreciate your understanding.

Pricing and Payment

The price of products is quoted on the Site in GBP (£) and includes VAT, (where applicable). Prices quoted exclude delivery costs which are added to the total cost of the order during the order process, but before you click on the “COMPLETE ORDER” button. Please see our Delivery and Shipping Policy for delivery costs by destination. Delivery costs include VAT (where applicable). VAT is not included in our prices for customers outside of the United Kingdom. Products that are shipped to countries outside of the United Kingdom may be subject to taxes, brokerage fees, customs duties and import fees levied by the destination country. 

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.

These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more detail, please review our Returns and Exchanges Policy.

Delivery

Please see our Delivery and Shipping Policy for delivery costs by destination. We are unable to change the delivery addresses for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won’t apply to orders already placed.

We aim to deliver your ordered products by the estimated date set out in the order confirmation email, or, if no date is given, at the latest within 30 days of the date of the order confirmation email. In the event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date. Please note that if the product(s) is/are not delivered within 30 days of the order confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our Returns & Exchanges Policy for more information.

Ownership of and risk in the products you have ordered will pass to you at the time they are delivered to you. If you decide to return the product(s) to us for a refund or exchange in accordance with our Returns & Exchanges Policy, risk will remain with you until you have posted the returned products to us. 

Returns & Exchanges

Please read our Returns & Exchanges Policy which details how to return unwanted or unsuitable items for a refund or exchange.

Warranties And Disclaimers

If you are purchasing products as a consumer: unless specific warranties are expressly given when you purchase from our website (e.g., a manufacturer’s warranty), we do not give any warranties or guarantees in respect of such products over and above those implied by applicable law (these include, for example, that the products are of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied). We remain responsible, however, for supplying products that conform to the contract. 

If you are purchasing products from us as a business: To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose and non-infringement. 

Limitation Of Liability

Nothing in these Terms of Sale excludes or limits our liability for fraud, fraudulent misrepresentation, personal injury, or death caused by our negligence or any other liability which cannot be excluded or limited as a matter of law. Also, nothing in these Terms of Sale limits your statutory rights if you are contracting with us as a consumer, including your right to a replacement where products supplied are not of satisfactory quality.

Subject to the above, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale (for example, if the loss or damage was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract). In any event, we are not liable for: (1) Any loss, howsoever arising, related to any business of yours including (without limitation) lost data, lost profits, lost revenues, or business interruption; or (2) Any special or indirect loss or damage, howsoever arising, unless that loss or damage is foreseeable to both of us at the time we entered into a contract. 

ALL PRODUCTS ARE INTENDED FOR PERSONAL USE ONLY.

Promotional Codes

Unless otherwise expressly stated in the terms and conditions for a particular promotional code, promotional codes cannot be combined and cannot be used in conjunction with any other offer/discount. For example, unless expressly permitted for a particular promotional code, you cannot use a discount in combination with another promotional code. If you have more than one promotional code and the codes cannot be combined, it is up to you to use the promotional code that has the biggest benefit to you.

General

The contract formed between us, which includes these Terms of Sale and any document referred to in them, constitutes the whole agreement between us and supersedes all prior agreements (written or oral), arrangements and understandings between us relating to the same subject matter.

If any of these Terms of Sale or any provision of the contract formed between us is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the affected term or provision will be removed from the remaining terms and provisions, which shall continue to be valid.

To the maximum extent permitted by applicable laws, these Terms of Sale, and any dispute or claim arising out of or in connection with these Terms of Sale (including non-contractual disputes or claims), shall be governed by British law. The courts of Britain shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Sale or their subject matter.

Usage Restrictions; Intellectual Property

Your use of The Kensingtonian website (‘Site’) is subject to these Terms of Use.

Usage Restrictions; Intellectual Property

Unless otherwise noted, all design and content featured on the Site – including navigational buttons, artwork, graphics, photography, text, and similar items – are subject to copyrights, trademarks, and/or other intellectual property rights that are owned, controlled, or licensed by or to Programmatic Advertising Ltd. All such rights are reserved.

The content, and the Site as a whole, is intended solely for the personal, non-commercial use by users of our Site. Any use of our Site and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of Programmatic Advertising Ltd.

You may download, print, or store any of the page contents displayed on the Site, provided that you (1) only use these materials for your personal, non-commercial use, (2) do not post the content on any website/media network or broadcast the content in any media or (3) do not modify or alter the content in any way or delete or change any copyright or trademark notice. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute, or store from this Site.

User Comments, Feedback and Other Submissions

While we appreciate your input and feedback concerning our products and services, we do not accept confidential or proprietary ideas, suggestions, materials, or information through this Site or any email connection. Please be advised that all comments, feedback, ideas, suggestions, and other disclosed or submitted materials (collectively, the “Comments”) that are disclosed or submitted to us through this Site, or otherwise disclosed, submitted, or offered in connection with your use of this Site, shall become and remain the sole property of Programmatic Advertising Ltd.

Such disclosure, submission or offer of any Comments shall (to the extent permitted by applicable laws) constitute an assignment to us of all worldwide rights, titles and interests in or to such Comments (or, to the extent that an assignment is not effective, a worldwide, perpetual, irrevocable and royalty-free licence to use such Comments for any purpose) and we shall not be limited in any way in our use, commercial or otherwise, of any Comments. To the extent permitted by applicable law, you waive your moral rights in any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. 

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Correction Of Errors and Inaccuracies

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change and update information at any time without prior notice.

Enforcement Of Terms of Use

These Terms of Use, and any dispute or claim arising out of or in connection with these Terms of Use (including non-contractual disputes or claims), shall be governed by British law. The courts of Britain shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or their subject matter.

Indemnification

You agree to indemnify, defend, and hold harmless Programmatic Advertising Ltd., its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable lawyer fees, resulting from any violation of these Terms of Use or any activity related to your account (including, but not limited to, negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

Third Party Links

In an attempt to provide increased value to our visitors, we may choose various third-party websites to link to from the Site. However, even if the third party is affiliated with us, we have no control over these linked sites, all of which have separate privacy and data collection practices, independent of us. We have no responsibility or liability for these independent policies or actions, and we are not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of the Site and the links placed upon it and therefore request any feedback on not only this Site, but for sites we link to as well (including if a specific link does not work). 

Disclaimer

Given the unpredictability of technology and the online environment, Programmatic Advertising Ltd. does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements.

As a visitor to and user of this Site (1) you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our Site, and (2) you agree that your access will be subject to these terms and conditions and that access is undertaken at your own risk. 

Limitation Of Liability

Nothing in these Terms of Use excludes or limits our liability for fraud, fraudulent misrepresentation, personal injury, or death caused by our negligence or any other liability which cannot be excluded or limited as a matter of law.

To the fullest extent permissible under applicable law, we shall not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (1) Use of, or inability to use, our Site, or (2) Use of or reliance on any content displayed on our Site. This limitation of liability does not apply to products purchased via the Site.  ALL OUR PRODUCTS ARE INTENDED FOR PERSONAL USE EXCLUSIVELY.

Minors

We verify all purchases before shipment, we strictly do not sell to anyone under 18 years of age. If we suspect any buyer being underage we will ask you to prove your age before we complete the order. Any persons who cannot provide valid photo ID when requested can have their order cancelled.

#TheKensingtonian

You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with #TheKensingtonian or other The Kensingtonian brand hashtags, you grant to Programmatic Advertising Ltd. and its third-party service providers who provide content management services (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your TheKensingtonian-tagged User Submissions in any manner to be determined in Programmatic Advertising Ltd.’s sole discretion, including but not limited to on its webpages, social media pages operated by Programmatic Advertising Ltd., and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known.

Programmatic Advertising Ltd. may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location, or other identifying information in connection with any use of your User Submissions.

You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge, and agree to hold Programmatic Advertising Ltd., the Licensed Parties, and any person acting on Programmatic Advertising Ltd.’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Submissions.

Updated: 22/5/2023