Terms of service
Our website bykenn.eu is operated by KDS Commerce, doing business under the brand name KENN®. Throughout this site, the terms "we," "us," and "our" refer to KENN® / ByKENN. KENN® provides this website, including all information, tools, and services available here, to you, the user, on the condition that you agree to all terms, provisions, policies, and notices stated herein.
By visiting our website and/or purchasing products from us, you use our Service and agree to the following Terms and Conditions (“Terms of Service,” “Terms”), including additional terms and policies referenced herein or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to visitors, customers, sellers, and content contributors.
Please read these Terms of Service carefully before using the website. By visiting or using any part of the site, you agree to these terms. If you do not agree to all the terms of this agreement, you must not enter the website or use our services.
All new features or tools added to the current store are also subject to these Terms of Service. The most recent version of the Terms of Service is always available on this page. We reserve the right to change, update, or replace these terms at any time by posting changes on the website. It is your responsibility to check this page regularly for changes. Continued use of or access to the website after changes are posted means you accept those changes.
Our webshop is hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to offer our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside, or that you are of legal age in the state or province where you reside and have given us permission to allow minor family members to use this site.
You may not use our products for illegal or unauthorized purposes, and you may not violate any laws in your jurisdiction when using the service (including but not limited to copyright laws).
SECTION 2 - GENERAL TERMS
We reserve the right to refuse Service to anyone at any time and for any reason.
You understand that your content (except credit card information) may be transmitted unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service, use of the service, access to the service, or any contact on the website through which the service is provided without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete, or current. The material on this site is for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete, or current information sources. Reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is necessarily not current and is for reference only. We reserve the right to change the content of this site at any time but are not obligated to update information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
Prices for our products may change without prior notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.
We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may only be available online through the website. These products or services may have limited quantities and can only be returned or exchanged according to our Refund Policy.
We have made every effort to display the colors and images of our products in the store as accurately as possible. We cannot guarantee that the colors on your computer monitor will be accurately displayed.
We cannot guarantee that the colors on your computer monitor will be accurately displayed. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or Services we offer. All product descriptions or product prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or Service made on this site is void where prohibited.
We do not guarantee that the quality of products, Services, information, or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may apply to 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 we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number you provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases you make in our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, immediately so we can complete your transactions and contact you if necessary.
For more information, see our Refund Policy.
SECTION 7 - OPTIONAL TOOLS
We can provide you access to third-party tools over which we have no control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions of any kind and without any endorsement. We are in no way liable for the use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are offered by the relevant third party(ies).
We may also offer new Services and/or features through the website in the future (including releasing new tools and resources). Such new features and/or Services are also subject to these Service Terms.
SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products, and Services available through our Service may contain third-party materials.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy and do not guarantee and are not liable or responsible for third-party materials or websites, or for other third-party materials, products, or Services.
We are not liable for any damage or loss related to the purchase or use of goods, Service, resources, content, or other transactions related to third-party websites. Please carefully read and understand the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions about third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you submit certain specific entries at our request (for example, contest entries) or send creative ideas, suggestions, proposals, plans, or other materials without our request, whether online, by email, by mail, or otherwise (collectively referred to as "comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any comments you send to us at any time and without restriction in any medium. We are not obligated (1) to keep comments confidential; (2) to pay compensation for comments; or (3) to respond to comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of a party or these Terms of Service.
You agree that your comments do not infringe on the rights of third parties, including copyrights, trademarks, privacy, personality rights, or other personal or proprietary rights. You further agree that your comments do not contain defamatory or otherwise unlawful, offensive, or obscene material, nor do they contain any computer virus or other malware that in any way may affect the operation of the Service or a related website. You may not use a false email address, impersonate anyone other than yourself or us or third parties, or otherwise mislead as to the origin of your comment. You are solely responsible for the comments you make and their accuracy. We accept no responsibility and assume no liability for comments posted by you or a third party.
SECTION 10 - PERSONAL INFORMATION
Your provision of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, our site or the Service may contain information that includes typographical errors, inaccuracies, or omissions. This information may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if the information in the Service or on a related website is inaccurate at any time without prior notice (including after you have placed your order).
We do not undertake any obligation to update, modify, or clarify information in the Service or on a related website, including but not limited to pricing information, except as required by law. No specified update or renewal date applied in the Service or on a related website should be construed as an indication that all information in the Service or on a related website has been changed or updated.
SECTION 12 - PROHIBITED USE
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to provide false or misleading information; (g) to upload or transmit viruses or other malicious code that in any way affects the functionality or operation of the Service or a related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the Service or a related website, other websites, or the internet. We reserve the right to terminate your use of the Service or a related website if you violate any of the prohibited uses.
SECTION 13 - PROHIBITED USE
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results obtained from using the Service will be accurate or reliable.
You agree that we may remove the Service indefinitely from time to time or cancel the Service at any time without notifying you.
You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and Services delivered to you through the Service are provided (unless expressly stated by us) 'as is' and 'as available' for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall ByKENN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, missed savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any product obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents incorporated herein by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms of Service, with such provision having no effect on the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose before the termination date shall continue to exist for all purposes after the termination of this agreement.
These Terms of Service remain in effect unless and until terminated by you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole judgment, you fail to comply or we suspect you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to the date of termination; and/or we may accordingly deny you access to our Services (or any part thereof).
SECTION 17 - INDEMNIFICATION
If we do not exercise or enforce any right or provision of these Terms of Service, this shall not constitute a waiver of such right or provision.
These Terms of Service and all policies or usage rules posted by us on this site or in relation to the Service constitute the entire agreement and understanding between you and us and apply to your use of the Service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, all previous versions of the Terms of Service).
Ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you with Services are governed by and construed in accordance with the laws of the Netherlands.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You can view the most recent version of the Terms of Service at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms of Service at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service after the posting of changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT DETAILS
Questions about the Terms of Service should be sent to us at hello@bykenn.eu.
Our details can be found below:
- Trade name: KDS Commerce
- Address: Boompjesgoed 273, 3901MH Veenendaal, Netherlands
- Email: hello@bykenn.eu
- Chamber of Commerce number: 74882252
- VAT number: NL002428109B28
