Terms and Conditions – KitchenYeah.co.uk
Article 1 – Definitions
Customer:
A natural person aged 18 or over, or a legal entity, with whom KitchenYeah.co.uk has entered into an agreement for the supply of its product, or to whom KitchenYeah.co.uk has made an offer for such supply.
Product:
An individual, personal, and specifically made-to-order item created by KitchenYeah.co.uk, being a reproduction of an image from the image archive of KitchenYeah.co.uk or an image provided by the Customer:
On textile canvas stretched on a wooden frame without a frame edge; and/or on any other tangible product offered by KitchenYeah.co.uk.
Image Archive:
All images displayed on the website of KitchenYeah.co.uk, for which KitchenYeah.co.uk possesses the (non-)exclusive rights.
KitchenYeah.co.uk:
KitchenYeah B.V., established in Kollum, the Netherlands, the user of these Terms and Conditions, registered in the Commercial Register of the Chamber of Commerce under number 81138717.
Conditions:
These General Terms and Conditions.
Website:
The website of KitchenYeah.co.uk, namely www.kitchenyeah.co.uk
Customer Image:
An analogue or digital image provided by the Customer (electronically).
Material:
Data carriers and/or physical documents with which the Customer makes the Customer Image available to KitchenYeah.co.uk.
Photo Product:
A reproduction created by KitchenYeah.co.uk of an image from the KitchenYeah.co.uk Image Archive or a Customer Image.
Article 2 – Applicability of These Terms and Conditions
2.1. These Terms and Conditions apply to all agreements concluded between KitchenYeah.co.uk and a Customer, and to all offers made by KitchenYeah.co.uk to a Customer regarding the conclusion of such an agreement.
2.2. KitchenYeah.co.uk expressly rejects any reference to other general (purchase) terms and conditions, however they may be named.
Article 3 – The Agreement
3.1. The agreement is concluded once the Customer has placed an order by completing and submitting the relevant order form on the Website, and KitchenYeah.co.uk has accepted this order.
3.2. Final acceptance of the order can only take place after KitchenYeah.co.uk has assessed the image to be reproduced (the Customer Image) in relation to its nature and quality, together with the order placed by the Customer. KitchenYeah.co.uk aims to inform the Customer by electronic communication within eight days of receiving the order whether the order has been accepted or rejected. Failure to respond within this period does not constitute implied acceptance of the order.
3.3. If KitchenYeah.co.uk decides not to accept the order, KitchenYeah.co.uk will delete the Customer Image provided via electronic means. All physical or data-based materials, including photographs, will be destroyed unless the Customer requests their return. Return shipment will be at the Customer’s expense, and shipping costs must be paid to KitchenYeah.co.uk in advance upon request.
3.4. The rights arising from an agreement may not be transferred by the Customer to any third party.
3.6. If the Customer cancels an order after the conclusion of the agreement, the Customer remains obliged to fulfil all payment obligations, except in the case referred to in Article 8 of these Terms and Conditions.
3.7. KitchenYeah.co.uk guarantees that the product will comply with the requirements of the agreement and with the statutory provisions and/or government regulations applicable at the time of the conclusion of the agreement. KitchenYeah.co.uk strives for the highest possible quality of its products but cannot guarantee that a product will always meet the Customer’s expectations regarding quality or other characteristics.
Article 4 – Prices
4.1. The prices applied by KitchenYeah.co.uk are stated on the Website and include VAT and any other government-imposed charges and costs applicable to the sale and/or delivery of the product. The Customer’s order constitutes acceptance of the price applicable at the time of submission. If the Customer requests special or non-standard processing, this will incur an additional charge, which will be stated in the order confirmation. The agreement will be concluded only after the Customer has accepted the total price stated in the confirmation in writing or electronically.
4.2. If KitchenYeah.co.uk changes its prices before verifying the Customer Image, the acceptance of an order shall be deemed to have occurred at the new price. The Customer must confirm within five days of receiving the acceptance whether the order will be maintained at the revised price. Without such confirmation, no agreement is concluded.
4.3. In the case of an intra-community supply to a VAT-registered business within the European Union, for which KitchenYeah.co.uk does not charge VAT, KitchenYeah.co.uk will list the Customer’s VAT number on the invoice. If the VAT number is not provided despite request, KitchenYeah.co.uk must charge VAT. The Customer indemnifies KitchenYeah.co.uk against any loss or damage arising if it later transpires that the Customer was not properly VAT-registered in their country or that VAT exemption was wrongly applied.
4.4. Discounts are not cumulative. Where multiple discounts apply, only the highest discount percentage shall be valid.
Article 5 – Payment
5.1. KitchenYeah.co.uk has outsourced the processing of payments to MultiSafepay B.V. (www.multisafepay.com). Payment may take place either in advance (e.g., PayPal, MasterCard, etc.) or afterwards via Klarna (www.klarna.com/uk).
5.2. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer payment by invoice as an option. The payment term is 14 days from the dispatch of the goods/ticket or, in the case of services, from their availability. Payment is to be made to Klarna. Please note that payment by invoice is available only to consumers and subject to a positive credit assessment. The full general terms and conditions for payment by invoice can be found on Klarna’s website. Klarna reviews and assesses your data and may exchange such data with other companies and credit agencies for legitimate purposes. Personal data will be processed in accordance with data protection laws and Klarna’s privacy policy.
5.3. In the case of post-payment, ownership of the product remains with KitchenYeah.co.uk until the full purchase price has been received.
Article 6 – Delivery
6.1. The delivery location shall be the address provided by the Customer to KitchenYeah.co.uk.
6.2. The Customer guarantees that the address provided is accurate and accessible by normal postal or courier services via a properly maintained road.
Article 7 – Payment Terms
7.1. Methods of Payment:
Payment may be made either by bank transfer (indirect payment) or via PayPal, Giropay, or Sofortüberweisung. For direct payments, your account will be debited upon completion of the order, and production of the goods may commence immediately. For indirect payments, production will begin once payment has been received in KitchenYeah.co.uk’s account.
7.2. Bank Details:
If payment by bank transfer is selected, our bank details will be provided in the order confirmation and can also be found on the homepage under “Contact.”
7.3. Payment Period:
Outstanding amounts must be settled within 30 days. Failure to do so will result in the removal of your order from our system.
7.4. Country-Dependent Payment Methods:
The available payment methods may vary depending on the country in which the order is placed. If you provide an address outside the United Kingdom, your payment options may be adjusted or limited accordingly.
7.5. Payment by Invoice:
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer payment by invoice as a payment option. The payment period is 14 days from dispatch of the goods/ticket or, in the case of other services, from availability of the service. Payment must be made directly to Klarna. Please note that payment by invoice is only available to consumers and is subject to a positive credit assessment. The complete general terms and conditions for payment by invoice can be found on Klarna’s website. The webshop applies a handling fee of [ADD FEE] per order when paying by invoice with Klarna. Klarna reviews and evaluates your data and may exchange it with other companies and credit agencies for legitimate reasons. Your personal data will be processed in accordance with data protection laws and Klarna’s privacy policy.
Article 8 – Returns and Right of Withdrawal
8.1. Complaints and Returns in Case of Defects:
Our custom-made photo products, based on your selected image, format, and options chosen through our ordering tool, are excluded from the right of withdrawal. However, the right of withdrawal applies to products from our own collection or partner platform selections, unless these too have been individually customised. Naturally, you may return any product if you have a legitimate complaint regarding quality, if the product is damaged, and/or if parts are missing. Please follow the three steps below:
Step 1 – Notify Us:
If you have a complaint, please inform us within 4 working days of receiving the product. We aim to resolve your issue promptly so you can enjoy your photo product as soon as possible. After submitting your complaint, you will receive a response within 24 hours. Complaints can be submitted with supporting photographs via email to info@kitchenyeah.com.
Step 2 – We Provide a Return Label:
We will create and send you a return label via email. Print and attach the label to your return package and drop it off at a DHL service point.
Step 3 – Replacement or Refund:
Depending on your complaint, we will offer a suitable solution within 3 working days of receiving the returned product, either by sending a replacement product, issuing a voucher, or refunding the purchase price.
8.2. Right of Withdrawal:
You have the right to withdraw from this agreement within fourteen days without providing any reason. The withdrawal period is fourteen days from the day:
- on which you, or a third party designated by you (other than the carrier), take possession of the goods;
- or, in the case of multiple goods ordered under a single order and delivered separately, the day on which you or a designated third party take possession of the last item;
- or, in the case of an item delivered in parts or multiple shipments, the day on which you or a designated third party take possession of the final part or piece.
To exercise your right of withdrawal, you must inform us (KitchenYeah.co.uk, Jumaweg 4, 9291 NA Kollum, The Netherlands, info@kitchenyeah.com) of your decision to withdraw from the agreement by means of an unambiguous statement (for example, a letter sent by post or email).
8.3. Consequences of Withdrawal:
If you withdraw from this agreement, we shall refund all payments received from you, including delivery costs (except additional costs resulting from your choice of a delivery method other than the standard, least expensive option offered by us), without undue delay and no later than fourteen days after we have been informed of your decision to withdraw. Refunds will be made using the same payment method as used in the original transaction, unless expressly agreed otherwise; in any case, no fees will be charged for the refund.
8.4. Exclusion of Right of Withdrawal:
The right of withdrawal does not apply to goods that are not pre-manufactured and that have been produced according to the consumer’s individual specifications or clearly personalised to meet their specific needs. This particularly applies to our made-to-order photo products.
8.5. Exchange or Return Policy:
If you wish to exchange or return a product and receive a refund, we will bear the return costs. We believe in a fair and customer-friendly return policy, allowing you to return products without extra expense. At the same time, we strive for sustainable practices by making our return processes efficient and environmentally conscious, enabling us to continue offering high-quality service without additional costs to you.
Article 9 – Images and Materials Provided by the Customer
9.1. The Customer makes images and materials available to KitchenYeah.co.uk at their own risk.
9.2. KitchenYeah.co.uk will handle all images and materials provided with appropriate care. In the event of loss or damage, KitchenYeah.co.uk shall not be liable for any damage suffered by the Customer, unless such loss or damage results from wilful misconduct or gross negligence by KitchenYeah.co.uk. Where a valid insurance policy applies, liability shall be limited to the amount paid out under that policy. KitchenYeah.co.uk is under no obligation to maintain such insurance unless explicitly agreed otherwise.
9.3. The Customer should, wherever reasonably possible, retain a copy or backup of the image and/or materials before providing them to KitchenYeah.co.uk.
9.4. The Customer is responsible for the nature and quality of the images and materials supplied. KitchenYeah.co.uk accepts no liability for damage caused to supplied materials resulting from incorrect or incomplete information provided by the Customer regarding the nature, content, composition, or size of the images or materials.
9.5. KitchenYeah.co.uk will, in all cases, report to the authorities if any material provided by the Customer contains pornographic content involving minors.
Article 10 – Industrial or Intellectual Property Rights
10.1. All industrial or intellectual property rights relating to the products or images from the Image Archive belong to KitchenYeah.co.uk or its licensors.
10.2. The Customer guarantees that the image and its use by KitchenYeah.co.uk in fulfilling the order, or by the Customer in using the product, do not infringe upon any intellectual property rights (including copyrights and moral rights) of third parties.
10.3. In the case of Customer-provided images, KitchenYeah.co.uk accepts no liability for infringement of third-party intellectual property rights. Should KitchenYeah.co.uk be held liable by a third party for such infringement, the Customer shall indemnify KitchenYeah.co.uk against all damages, claims, and costs arising from such third-party actions.
Article 11 – Intellectual Property and Copyright
11.1. Subject to the other provisions of these Terms and Conditions, KitchenYeah.co.uk retains all rights and powers granted to it under the Copyright Act and any other applicable intellectual property legislation.
11.2. All images, designs, drawings, films, software, texts, audio recordings, products, and other materials or (electronic) files that may be created by KitchenYeah.co.uk in connection with the agreement remain the property of KitchenYeah.co.uk, regardless of whether they have been made available to the Customer or third parties, unless otherwise agreed.
11.3. All documents provided by KitchenYeah.co.uk, including designs, images, drawings, films, software, texts, audio recordings, (electronic) files, and other materials or products, are intended solely for use by the Customer and may not, without prior written consent from KitchenYeah.co.uk, be reproduced, published, or disclosed to third parties, unless otherwise evident from the nature of the documents provided.
11.4. KitchenYeah.co.uk reserves the right to use knowledge and expertise obtained during the execution of an agreement for other purposes, provided that no confidential information is disclosed to third parties.
11.5. All content on the Website is the property of KitchenYeah.co.uk and may not be reproduced or published without written permission.
11.6. KitchenYeah.co.uk does not guarantee that products supplied to the Customer are free from third-party intellectual or industrial property claims and accepts no liability in the event of third-party allegations that a product supplied by KitchenYeah.co.uk infringes upon such rights.
Article 12 – Transport Damage
12.1. If goods are delivered with visible transport damage, please contact us immediately.
12.2. Failure to submit a complaint or make contact does not affect your statutory warranty rights. However, prompt notification allows us to replace or compensate you more quickly.
Article 13 – Warranty
13.1. Warranty is granted in accordance with statutory provisions.
13.2. Any defects in the delivered product must be reported by the Customer to KitchenYeah.co.uk as soon as possible after delivery, but no later than three working days after receipt, either in writing or electronically. After this period, the delivered product shall be deemed to comply with the agreement between KitchenYeah.co.uk and the Customer.
13.3. In cases of payment by invoice, the invoice shall be deemed accepted and payable by the Customer unless disputed within three working days of receipt.
Article 14 – Liability
14.1. KitchenYeah.co.uk excludes liability for slight negligence, insofar as such negligence does not concern essential contractual obligations, damage resulting in injury to life, body, or health, or claims arising under the Product Liability Act. The same applies to breaches of duty by agents or representatives of KitchenYeah.co.uk.
14.2. KitchenYeah.co.uk accepts no liability if the service is temporarily unavailable, or if uploaded content is deleted for technical reasons. Furthermore, KitchenYeah.co.uk shall not be liable for risks associated with the use of the internet, particularly with regard to uploading images to the Website.
Article 15 – Privacy Policy
15.1. Customer Satisfaction:
Customer satisfaction is our highest priority. Protecting your privacy is extremely important to us. The following provisions explain in detail how we handle your data.
15.2. Collection, Processing, and Use of Personal Data:
You may visit our website without providing personal information. We only store access data without personal reference, such as the name of your internet service provider or the web page from which you visited us. These data are used solely to improve our services and cannot be traced back to you personally.
Personal data are collected only when you voluntarily provide them during the ordering process, when opening a customer account, or when registering for our newsletter.
We use the data you provide, without your express consent, solely to process and fulfil your order. Once your contract has been fully executed and payment completed, your data will be blocked from further use and deleted after the legally required tax and commercial retention periods, unless you have expressly consented to further use of your data.
If you register for the newsletter, your email address will be used for our own promotional purposes until you unsubscribe. You may unsubscribe at any time.
15.3. Withdrawal of Consent:
Any consent you may have given during the ordering process may be withdrawn at any time with future effect.
15.4. Consent to Email Advertising:
“I would like to receive the newsletter (cancellation is possible at any time).”
15.5. Use of Cookies:
We use cookies on various pages to make your visit to our website more enjoyable and to enable certain functions. Cookies are small text files stored on your computer. Most cookies we use are session cookies, which are deleted once your browser session ends. Other cookies remain on your device, allowing us to recognise your computer upon your next visit (“permanent cookies”). These cookies allow us to greet you by name and save you from re-entering your password or details when placing further orders. Our partner companies are not permitted to collect or use personal data via cookies on our website.
15.6. Web Analysis with Google Analytics:
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your computer, to analyse how users use the site. Information generated by these cookies is typically transmitted to and stored by Google on servers in the United States.
Where IP anonymisation is activated on this website, your IP address will be truncated within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the US and shortened there.
Google will use this information to evaluate your use of the website, compile reports on website activity, and provide other services relating to website activity and internet usage to the website operator.
The IP address transmitted by your browser within Google Analytics will not be merged with other Google data. You can prevent cookies from being stored by adjusting your browser settings; however, please note that this may limit your ability to use certain website functions.
You can also prevent Google from collecting and processing data generated by cookies and related to your website use (including your IP address) by downloading and installing the browser plugin available at: http://tools.google.com/dlpage/gaoptout?hl=en.
15.7. Disclosure of Personal Data:
Your data will be passed on to the delivery company responsible for shipping, to the extent necessary for the delivery of your goods. For payment processing, your payment details will be forwarded to the financial institution handling the transaction.
Some products are manufactured and dispatched by our partner companies. They receive only the data necessary for order fulfilment and are not permitted to use these data for any other purpose. The transferred data include: first name, surname, title, postal address, and delivery address.
15.8. Right to Information:
In accordance with applicable data protection laws, you have the right to request free information about your stored data and, if applicable, the right to correct, block, or delete such data.
15.9. Creditworthiness and Scoring:
Where we provide services in advance, such as payment by invoice, we may, to protect our legitimate interests, obtain a credit report based on mathematical and statistical methods from Intrum Justitia GmbH, Pallaswiesenstraße 180–182, 64293 Darmstadt, Germany. For this purpose, we transmit the personal data required for a credit check to Intrum Justitia GmbH and use the information received regarding the statistical probability of non-payment to make a balanced decision about entering into, continuing, or terminating a contractual relationship.
Credit reports may contain probability values (“scores”) that are calculated using scientifically recognised statistical methods and may include address data. Your legitimate interests are safeguarded in accordance with legal requirements.
15.10. Data Protection Contact:
For questions about the collection, processing, or use of your personal data, or for requests to access, correct, block, or delete data, as well as the withdrawal of consent, please contact our customer service.
Article 16 – Liability for Improper Use
16.1. KitchenYeah.co.uk is not liable for any damage arising from improper use of its products. This includes, in particular, damage resulting from incorrect installation or failure to follow the provided instructions.
16.2. The Customer is obliged to use the delivered products in accordance with the enclosed instructions and safety guidelines. KitchenYeah.co.uk accepts no liability for damage to personal property caused by improper use or installation of the products.
Article 17 – Delivery Time
17.1. The usual delivery time of a product is as indicated on the Website. This is calculated from the date of order receipt or the date on which KitchenYeah.co.uk receives payment of the agreed total price including VAT and any additional charges. The later of these two dates is determinative for the start of the delivery period.
17.2. Where payment by invoice has been expressly agreed, the delivery period begins on the day following the dispatch of the order confirmation by KitchenYeah.co.uk.
17.3. The delivery period referred to in paragraph 1 is not binding. KitchenYeah.co.uk will only be deemed in default if the Customer issues written or electronic notice of non-performance and grants a final deadline of at least fourteen days, without delivery taking place within that period.
Article 18 – Final Provisions
18.1. Should any provision of these Terms and Conditions be invalid, the remainder of the agreement shall remain in full force and effect. In such cases, the relevant statutory provisions shall apply in place of the invalid clause.
18.2. Dutch law shall apply to all agreements between KitchenYeah.co.uk and the Customer.
18.3. By accepting these Terms and Conditions, you acknowledge and agree to the foregoing provisions.