In using this Website you are deemed to have read and agreed to the following terms and conditions:
1. Definitions'Client', 'You', 'Your', refers to you, the person accessing this Website and accepting the Company's terms and conditions'The Company', 'Ourselves', 'We' and 'Us', refers to our Company'Party', 'Parties', or 'Us', refers to both the Client and ourselves, or either the Client or ourselves'Goods', means the goods which Knitted Online is to supply to the Customer in accordance with these Terms and Conditions'Order', means an order placed through the Website for Goods'Price', means the price for the Goods as set out in the description of Goods'Terms', means the standard terms set out in these Terms and Conditions'Website', means www.knittedonline.comAny use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2. In General
2.1 Access to and use of this Website and the products and services available through this Website (collectively, the 'Services') are subject to the following terms, conditions and notices (the 'Terms of Service'). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
3. Website Access
3.1 Knitted Online hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:
3.1.1 Your use of the Website as permitted is solely for your personal, non-commercial use;
3.1.2 You will not copy or distribute any part of the Website in any medium without Knitted Online's prior written authorisation;
3.1.3 You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
3.1.4 You will otherwise comply with the terms and conditions of these Terms of Use.
3.2 In order to access some features of the Website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Knitted Online of any unauthorised use of your password or account or any other breach of security. Knitted Online cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
3.3 By registering with Knitted Online, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Knitted Online Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Knitted Online suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Knitted Online Website.
3.4 You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as 'spam'; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Knitted Online will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
3.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Website linked to it.
3.6 Notwithstanding the foregoing, Knitted Online grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Knitted Online reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
3.7 You agree not to collect or use any personally identifiable information ('Personal Information') including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
4. The Knitted Online Website
4.1 These Terms of Use apply to all users of the Knitted Online Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third-party websites that are not owned or controlled by Knitted Online. Knitted Online has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you specifically release Knitted Online from any and all liability arising from your use of any third-party website.
5. Disclaimer Exclusions and Limitations
5.1 The information on this Website is provided on an 'as is' basis. To the fullest extent permitted by law, this Company:
5.1.1 Excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third-party, including in relation to any inaccuracies or omissions in this Website and/or Knitted Online's literature;
5.1.2 Excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Knitted Online of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
5.2 Knitted Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Knitted Online shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Website.
5.3 Knitted Online does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
6. Privacy Statement
6.1 Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
7. Intellectual Property Rights
7.1 The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for Knitted Online, interactive features ('Content') and the trademarks, service marks and logos contained therein ('Marks'), remains the property of Knitted Online or its licensors and are protected by copyright laws and treaties around the world. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Knitted Online or as expressly provided herein. Knitted Online reserves all rights not expressly granted in and to the Website and the Content contained therein.
7.2 You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
8. User Submissions
8.1 The interactive nature of postings on Knitted Online makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Knitted Online users, and any text, data, photographs, messages, files or other material provided to us by users (all of which are referred to as 'User Submissions') are not endorsed by Knitted Online, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
8.2 You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Knitted Online, you hereby grant Knitted Online a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Knitted Online's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
8.3 If you choose to post User Submissions on Knitted Online Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Knitted Online reflects your respect for the legal rights of users connected with Knitted Online. You understand that Knitted Online does not guarantee any confidentiality with respect to any User Submission.
8.4 Knitted Online expressly disclaims any and all liability in connection with User Submissions. Knitted Online reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Knitted Online also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
9. Rules of Conduct
9.1 The following rules of conduct apply to your use of the Website and to any and all materials you post on Knitted Online, including text, data, graphics, messages, files or other material (collectively User Submissions) whether the User Submission is included in emails, profiles, comments, or any other portion or feature of Knitted Online.
9.2 You may not, in connection with the Website:
9.2.1 upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
9.2.2 infringes or violates any patent, copyright, trademark, trade secret or other property right;
9.2.3 breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
9.2.4 a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
9.2.5 constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
9.2.6 violates or encourages others to violate any applicable law, statute, ordinance or regulation;
9.2.7 promotes software or services that deliver unsolicited e-mail;
9.2.8 contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
9.3 You may not, except with Knitted Online's express advance authorization or in a specially designated area, use the Website to:
9.3.1 upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address;
9.3.2 engage in commercial activities within Knitted Online;
9.3.3 harm minors in any way;
9.3.4 solicit personal information from anyone under 18;
9.3.5 provide false or deceptive information;
9.3.6 use Knitted Online content to engage in commercial activities;
9.3.7 delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so;
9.3.8 allow usage by others in such a way as to violate Knitted Online's Terms of Use.
10. Garment Design Submissions
10.1 If you are submitting a Design or idea to Knitted Online, you agree to additional Design Submission Terms and Conditions.
11. Copyright Infringement
11.1 Knitted Online respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Knitted Online and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design. Knitted Online reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
11.2 If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such written notice should be sent to our designated agent as follows: Complaints, Knitted Online, 4 Fairview Avenue, Birmingham B42 1LT. Email: copyrightinfringement@knittedonline.com
12. Termination
12.1 Knitted Online may, under certain circumstances and without prior notice, immediately terminate your Knitted Online account and access to the Website and any other Knitted Online services. Cause for such termination shall include, but not be limited to:
12.1.1 breaches or violations of the Terms of Use other incorporated agreements or guidelines;
12.1.2 requests by law enforcement or other government agencies;
12.1.3 a request by you (self-initiated account deletions);
12.1.4 discontinuance or material modification to the Website (or any part thereof);
12.1.5 unexpected technical or security issues or problems;
12.1.6 extended periods of inactivity;
12.1.7 engagement by you in fraudulent or illegal activities;
12.1.8 nonpayment of any fees owed by you in connection with the Website or any other Knitted Online product.
12.2 Termination of your Knitted Online account includes:
12.2.1 removal of access to all pages within the Website;
12.2.2 deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof);
12.2.3 barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Knitted Online's sole discretion and that Knitted Online shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Website.
13. Terms of Sale
13.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
13.2 Dispatch times may vary according to availability of materials and demand of manufacture. Any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays for which we will not be responsible. Please see our Delivery Charges notice for further information.
13.3 In order to contract with Knitted Online you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Knitted Online retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
13.4 Our contract when you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
13.5 Pricing and availability whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
13.6 Payment upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
13.7 Discount Codes
13.7.1 Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
13.7.2 Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
13.8 Gift Vouchers - Gift vouchers are only valid for a limited time and the voucher must be used by the date shown on the voucher – check your voucher to find out when to use it by. We're afraid we can't accept any responsibility for stolen or deleted gift vouchers. We'll despatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). We're afraid we can't be responsible for any delays, no matter how they are caused. If you are the purchaser, please double check the delivery email address you enter – it is your responsibility to do so and we're afraid we can't be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can't take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe. From time to time, gift vouchers may get caught in pesky spam filters, and it's up to the recipient to check these filters. We can't take responsibility if a gift voucher cannot be delivered to the recipient's email address because of spam filters, firewalls, the capacity of the recipient's mailbox or any other factors outside of our control. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, debit/credit card account, or a combination of the two). As you'd expect, we reserve the right to vary these terms and conditions. The conditions of use relating to any discount code will be specified at the time of issue.
14. Termination of Agreements and Refunds Policy
14.1 Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. Please see our Returns Policy notice for further information.
15. Links to this Website
15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
16. Links from this Website
16.1 We do not monitor or review the content of other party's Websites which are linked to from this Website. Opinions expressed or material appearing on such Websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Knitted Online will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
17. Log Files
17.1 We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Knitted Online on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
18. Cookies
18.1 Like most interactive Websites Knitted Online's Website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
19. Copyright Notice
19.1 The Knitted Online Website is © 2010, Knitted Online – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Knitted Online.
20. Indemnity
20.1 You agree to indemnify, defend and hold harmless Knitted Online, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
21. Variation
21.1 Knitted Online shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
22. Invalidity
22.1 If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
23. Waiver
23.1 If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
24. Governing Law and Jurisdiction
24.1 These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
25. Entire Agreement
25.1 The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Knitted Online. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Knitted Online.
26. Ethical Sourcing Policy
26.1 We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.
26.2 All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
26.2.1 Minimum age of employment
26.2.2 Freely chosen employment
26.2.3 Health and safety
26.2.4 Freedom of association and the right to collective bargaining
26.2.5 No discrimination
26.2.6 No harsh or inhumane treatment
26.2.7 Working hours
26.2.8 Rates of pay
26.2.9 Terms of employment
26.3 Knitted Online will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as Knitted Online continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.
27. General
27.1 The laws of England and Wales govern these terms and conditions. By accessing this Website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Knitted Online to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Knitted Online.
28. Notification of Changes
28.1 Knitted Online reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers' Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our Website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this Website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Knitted Online 2011 All Rights Reserved