Terms & Conditions - KIDX | Buy Sell Exchange

TERMS & CONDITIONS

1. Interpretation & Scope

These terms are applicable to the Users of the Website and any transactions done in the Store(s). The domain name www.KidX.com (hereinafter referred to as "Website") is owned by KidX.

Scope - Your use of this Website and services in the Store are governed by the following terms and conditions ("Terms of Use") including the applicable policies which are incorporated herein by way of reference.

By mere use of the Website, You shall be contracting with KidX Limited and these terms and conditions including the policies constitute your binding obligations, with KidX.

2. Definitions

The definitions are as follows:

  • "KidX" includes KidX Limited and its group companies
  • "Customer" means a person, User or organisation that buys, Sells or Exchanges Products with KidX in Store or on the Website
  • "Users" means the Customers of the Website
  • "We/Us" means KidX Limited and its group companies
  • "Website" means the Website located at KidX.com or any subsequent URL which may replace it
  • “You" means a User of this Website and KidX Customers who trade in Store
  • "Product's" mean chattels real (movable property) bought, sold or Exchanged between a Customer and KidX for which a valid and legible proof of purchase exists
  • "Buy/Buying" shall mean purchase of any Product by a Customer from KidX
  • "Sell/Selling" shall mean any Product sold by a Customer to KidX
  • “Exchange” shall mean an act of giving one thing and receiving another in consideration to cash, kind, Voucher or donation
  • "Exchange" shall mean an act of giving one thing and receiving a voucher
  • “Voucher” shall mean a KidX voucher redeemable only in a KidX UK Store or on the UK Website
  • "Store" means a KidX retail Store
  • "Cookies" means small text files which KidX.com places on your device to Store information about your shopping session and to identify your device
  • “Data Subject” information concerning any living person (a natural person) will be called data subject but does not include the public authority
  • "Personal Information" means the details provided by You on registration or at time You become a member
  • "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands
  • "Affiliates" means any Website operator, retailer, kiosk operator, direct marketing company, telemarketer, or operator of other direct marketing campaigns that has entered into an agreement with KidX which compensates the affiliate for transactions resulting from business directed to the KidX by the affiliate
  • “Attributes” means and includes the characteristics of the product which are tangible in nature like size, colour, smell, product design, Weight, etc; and intangible aspects like quality, and aesthetics. The attributes of the products which are shown on the Website may differ on certain occasions as compared to the product that may be delivered via ‘Click and Collect’ or as compared to that is available in Store
  • “Layaway” means part-paying to secure a Product for later purchase
  • “Picked” means that the e-commerce order placed on the Website is accepted
  • ”Second-hand” means the Product has been owned / used / worn by someone else before and is not brand new
  • "Product Description" means that part of the Website where certain terms and conditions in respect of the individual or particular Product are provided

3. Products

3.1 Products: General

3.1.1 KidX reserves the right to correct any occasional errors, inaccuracies or omissions related to Product descriptions, pricing, promotions, offers, charges, times, availability, etc., and to change or update information or cancel orders if any information in the service or on any related Website is inaccurate at any time.

3.1.2 For the purposes of maintaining appropriate demand and supply and ensuring natural price fluctuations and stock availability KidX reserves the right to limit the number of units of any particular item, sold to any individual Customer, at any time.

3.1.3 All price lists, catalogues, advertising matter or similar materials issued by KidX are indicative only as to show the range of products available from time to time and hence shall not be binding on KidX.

3.1.4 The responsibility for ensuring products suitability and / or compatibility remains solely with the Customer.

3.1.5 You hereby acknowledge your sole responsibility to ensure that You have the relevant compatible accessories, suitable power step-downs, equipment, software, display devices and relevant machinery or otherwise needed to safely connect the products to power supplies, mains power, batteries and other devices.

3.2 Sell Prices

3.2.1 If a Product is priced incorrectly in-Store or online, KidX is under no obligation to honour it under the Sale of Goods Act. Should this error happen, KidX will offer the item at the correct price or refuse the transaction.

3.2.2 KidX reserves the right to change the sell price of any item, rent the item out, lend the item, gift the item or sell it on a third party platform once ownership has been transferred to KidX.

3.2.3 KidX reserves the right to amend delivery charges at any time prior to invoice.

3.3 Product Details

3.3.1 Additional elements - such as extra straps - are subject to availability.

3.3.2 The Product attributes (otherwise known as ‘features’), including Product descriptions, Product images and condition descriptions (or ratings), are guidelines only and do not represent the finished Product or the sell price.

3.3.3 All Products are second-hand unless specifically stated.

3.3.4 KidX is not affiliated with any of the brands that are traded.

3.3.5 Website images are for illustration only. Actual product design may vary slightly from image.

4. Membership

4.1 Memberships: General

4.1.1 You are provided with access to this Website in accordance with these terms and any orders placed by You must be placed strictly in accordance with them.

4.1.2 You warrant that the personal information which You are required to provide is true, accurate, current and complete in all respects.

4.1.3 You must notify KidX immediately of any changes to the personal information.

4.1.4 You must update your online and in-Store account to reflect any changes to personal information.

4.1.5 You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.

4.1.6 KidX and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders to their sole discretion.

4.1.7 You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.You also agree to accept responsibility for all activities that occur under your account or password.

4.2 Membership Requirements

4.2.1 KidX offers two membership types: online and in-Store. These are not currently linked.

4.2.2 Membership is not required to buy a Product in-Store, it may be offered, however it is mandatory for Purchasing a Product online.

4.2.3 Membership is required to Sell or Exchange Products in-Store or online.

4.2.4 A photographic ID is required for the registration of an in-Store membership. This must be a valid UK driver’s licence, passport, utility bill, warrant card or bank card.

4.2.5 All Customers with a membership must be thirteen [13] years of age or older. Users under the age of 13 may use the Website only with involvement of a parent or guardian.

4.2.6 A Customer must only have one [1] in-Store membership and one [1] online membership.

4.2.7 KidX will only contact the Customer by email to fulfil business obligations or if the Customer has opted in to receive emails.

4.3 Content Contributions

4.3.1 Visitors may post comments, and other content and communications provided they are not in violation of the laws of the land.

4.3.2 You may not use a false e-mail address, impersonate any person or entity, or provide any other misleading information.

5. Buying From KidX

5.1 Buying: General

5.1.1 All products are to be paid for in full at time of sale.

5.1.2 Title of the products shall not pass to You until You have paid all sums due, irrespective of delivery having been made.

5.1.3 The Customer is responsible for the costs, damages and liabilities associated while returning a Product/s to KidX.

5.1.4 KidX does not currently accept bank transfer or layaway.

5.1.5 Buying from KidX, selling to KidX and Exchanging with KidX are separate transactions.

5.2 Buying Online: Ecommerce

5.2.1 The online payment methods accepted are PayPal, Apple Pay, Visa, Mastercard, KidX Voucher, Google Pay and Klarna.

5.2.2 Any order placed online will be considered as a binding contract unless cancelled by KidX or the Customer, before dispatching the order.

5.2.3 KidX may cancel an order in the case of a Product that is unavailable, damaged or if proper payment has not been made by the Customer. The order may also be cancelled if the Customer is in breach of the Terms of Use.

5.2.4 KidX reserves the right to refuse any order placed in Store or on the Website for any reason.

5.3 Buying Online: Click & Collect

5.3.1 KidX does not currently offer C&C but will in the near future. The following terms will be applicable when it is offered.

5.3.2 KidX reserves the right to ask for a valid photo ID during the collection of a Click & Collect order. A reference pertaining to the ID will be taken and held on record for a minimum of 120 days and a maximum of 150 days.

5.3.3 Only the Customer who placed the Click & Collect order may collect the Order. KidX reserves the right to cancel an order when this is not adhered to.

5.3.4 For a Click and Collect order, the Customer should not visit the Store until they have been notified that the order is ready to collect.

5.3.5 If the Customer fails to collect the Click & Collect order within the given collection period, the order will be cancelled. It will no longer be available for collection and the payment will be refunded.

5.3.6 KidX shall not be liable for any losses or expenses suffered, due to the Customer's failure to collect the order, or if the Customer fails to provide appropriate documentation to collect the order, or if the fitting rooms are unavailable at the time of collection.

5.4 Buying In-Store

5.4.1 Prior to the title of the products passing to You, You shall hold the product as fiduciary agent to KidX.

5.4.2 The payment methods accepted in-Store are cash, Apple Pay, Google Pay, Visa and Mastercard.

5.4.3 Any order for products shall be deemed to be an offer made by You to purchase the products pursuant to these terms. Any offer made to You under mistake of fact/misrepresentation shall be liable to be changed at the sole discretion of KidX.

5.4.4 The contract between KidX and You in respect of the products comes into existence when Your order has been accepted by KidX (or vice versa) in accordance with these terms.

5.4.5 These terms shall not be altered, modified or varied unless expressly agreed to in writing and signed by a Director of KidX.

5.4.6 These terms do not affect your statutory rights.

6. Klarna

6.1 KidX offers 'Pay in 3' and 'Pay Later' options which are both credit agreements between the Customer and Klarna - also known as 'Klarna Bank AB UK Branch'.

6.2 To use Klarna on KidX.com, the Customer must be a UK resident, over eighteen [18] years of age and have a valid payment card (the card must be in the Customer's name, must not have expired and has enough money available to cover all the instalments).

6.3 Klarna may carry out a limited credit search on the Customer at a credit reference agency. This is a soft credit check, and will not affect the Customers credit score. However, information such as payment holidays and existing, late and unpaid balances is visible on the Customer's credit file to other lenders. Mortgage lenders could possibly include your monthly Buy Now Pay Later commitments as part of their affordability checks.

6.4 Klarna will Store the Customers card details on their systems and use these details to approve future payments.

6.5 Klarna’s Pay in 3 / Pay in 30 days are unregulated credit agreements. Borrowing more than you can afford or paying late may negatively impact your financial status and ability to obtain credit.

6.6For Klarna, KidX requires a minimum spend of £100.

6.7 Klarna’s Privacy Policy can be read and understood here.

7. Returns & Refunds

7.1 Returns: General

7.1.1 All returned Products are subject to a re-test. As such, all returned products need to be tested and any faults verified before any refund, repair or replacement can be issued.

7.1.2 KidX will only accept products returned that are:

  • Accompanied by a valid proof of purchase for the products
  • Containing all products included in the original sale (excluding any postage packaging)

7.1.3 KidX shall not be liable for any losses or expenses suffered if a Customer returns a Product to the wrong location, whether by post or in person.

7.2 Online Returns

7.2.1 When purchasing online (including both Ecommerce and Click & Collect orders), the Customer is entitled to return an unwanted Product for a full refund back to the original method of payment. The Customer must notify KidX of their intention to return within fourteen [14] days of delivery, the Product must be returned by the Customer within the next 14 days.

7.3 In-Store Returns

7.3.1 When purchasing in-Store, the Customer is entitled to return an unwanted item within thirty [30] days of sale for a full priced refund via a KidX voucher.

8. Delivery

8.1 Delivery is deemed to take place when KidX or a courier hands over the Product to the delivering address.

8.2 KidX is only able to deliver orders to the billing address on the debit / credit card used for the transaction or to the registered address of the PayPal account used for the transaction. Delivery charges are subject to change at any notice. All additional customs or duties will be payable by the Customer.

8.3 KidX is not liable for any missed delivery due to an incorrect or incomplete address entered by the Customer.

8.4 Delivery times given are estimates only and late delivery of Products does not entitle the Customer to:

  • a refund on delivery costs
  • withhold payment of any part of the contract price
  • cancel the order
  • terminate the contract

9. Warranty

9.1 KidX gives one [1] year warranty on all the products and thirty [30] days return policy for exchange or refunds through vouchers.

9.2 If a Customer returns the Product after 30 days of receipt, the Product will be tested to verify the fault. If a Product is not found to be faulty or defective, it will be dispatched back to you. If the Product is found to be defective, KidX will first seek to repair/replace the Product (excluding clothes). Only if no replacement or repair can be done, a refund will be given. If a refund is made within one month of the original purchase, it will be equal to the original buying price. If a Product turns faulty within the first 30 days through normal use, KidX will offer a full refund through the original method of payment.

9.3 All Products under warranty which are delivered by courier to KidX for refund or return are made pursuant to a shipment contract. Prior to KidX receiving such Products, the risk of loss and title for such Products remains with the Customer.

9.4 This warranty does not cover physical damage, damage or failures which result from general wear and tear, weather damage, dye transfer, accident, misuse, abuse, neglect, mishandling, misapplication, improper maintenance, and alterations, repair or dry cleaning by anyone other than KidX or an agent approved by KidX.

10. Selling to KidX

10.1 Prices

10.1.1 KidX reserves the right to not offer a quote on any product or refuse to purchase any products from any Customer for any reason.

10.1.2 A pre-paid label may be offered if an Online Customer is sending the Product from mainland UK. This does not guarantee that the Product will be purchased.

10.1.3 The value KidX offers for Products may be adjusted upon receipt depending on their condition, their quantity or the commercial needs of the business.

10.1.4 In the event that your product does not meet our grading criteria for "mint", "good" or "poor" conditions, We will classify your product to be of "non-working" condition.

10.1.5 Your product must be received by KidX at the designated location within ten [10] days of a Sell order being placed. Quoted prices may vary or order may be cancelled if goods are not received within this period.

10.1.6 Please note that prices quoted on our Website are subject to change without prior notice.

10.1.7 KidX reserves the right to limit the number of purchases at their sole discretion. In case of selling multiple same/similar Product, a bulk-selling discount would be applicable. The final price will be communicated to you before confirming the order. The contract will only be formed once you confirm the bulk discount price. In case you don't accept the bulk discount price your products will be returned. There will be no formation of contract, without you accepting the bulk price.

10.2 Testing

10.2.1 All Products sent via post to KidX are made pursuant to a shipment contract. Prior to KidX receiving such Products the risk of loss and title for such Products remains with the Customer.

10.2.2 Customers must ensure that all parts of the order are given to KidX at the same time. Should KidX receive only part of the order, KidX may not be able to complete the transaction or will only process the Products that KidX has received. KidX will not take responsibility for incomplete orders.

10.2.3 While KidX will take appropriate measures to take care of the Products left by Customers in Store - or sent via post by the Customer - for testing, the Customer should note that the Products are left with KidX at the Customer’s own risk.

10.2.4 KidX reserves the right to transfer the Customer’s Products internally from one KidX location to another for the purposes of testing.

10.3 Purchasing & Processing

10.3.1 You must be the legal owner of the goods You wish to sell, as ownership will be transferred to KidX upon receipt of order.

10.3.2 By submitting an item for sale at KidX, Customers guarantee that the item is free from finance or theft, and is guaranteed authentic. In case the Product is later found out to be stolen, or encumbered and/or fake, KidX reserves the right to pursue legal remedy (both civil and criminal) against the Customer. Products failing the test will remain Your property unless they are abandoned by you.

10.3.3 KidX issues payment on the basis of details provided by the Customer and shall not be liable for payment made to the wrong account or to a non-existent account due to incorrect details.

10.3.4 Estimated or marketed purchase times such as the payment message timeframe are guidelines only, they do not include weekends / bank holidays and are subject to change at any time and for any reason. They do not include the time taken by the Customer to respond.

10.3.5 KidX reserves the right to refuse to purchase any Product for any issues relating to stock management, price, authenticity or the financial situation of the company.

10.3.6 All products are to be paid for in full at the mutually agreed earliest convenience of both KidX and You, provided the product has successfully passed the test as approved by KidX testing staff only.

10.4 Failed, Rejected & Abandoned Products

10.4.1 Rejected Products are potential purchase orders that have not been completed either because of KidX refusing to purchase or the Customer rejecting the final quote. These Products can only be returned to the original Customer.

10.4.2 Any product that fails Our testing procedures will be returned (if requested) by Royal Mail Recorded Delivery. A tracking number can be provided for the same (if requested). KidX will not take responsibility for lost or damaged goods among failed products.

10.4.3 Customer’s Products are held for fourteen [14] days and then they are classified as Abandoned Products. KidX will either dispose of them at the Customer's expense, adjust onto stock for general sale or post back to the Customer.

10.4.4 KidX reserves the right, in extreme situations, to post rejected or Abandoned items back to the Customer’s registered address on their membership without contact. KidX is not liable should the address be incorrect or it is lost in transit.

11. Inclusivity

11.1 No job applicant, employee or Customer receives less favourable treatment in recruitment, promotion or development on the grounds of their race, nationality, sex, sexual orientation, marital status, disability, class, age, political beliefs, religious beliefs or for being a member - or not - of a trade union.

12. Sustainability

12.1 KidX is committed to operating the business as sustainably as possible.

13. Intellectual Property Rights

13.1 All content included on the KidX Website or displayed in-Store, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KidX or its content suppliers and protected by UK and international copyright laws.

13.2 KidX and other marks, graphics, logos, page headers, button icons, scripts, and service names indicated on KidX’s Website and/or Store are registered trademarks of KidX, or its subsidiaries, in the UK and other countries.

14. Export Limitation

14.1 Certain Products sold by KidX may have been purchased from outside the United Kingdom under certain agreements that restrict or forbid subsequent re-exportation from the United Kingdom. The Customer should not export any Product sold by KidX without first obtaining all appropriate approval from the relevant authorities.

15. Limitation of Liability

15.1 KidX will not be liable, in contract, tort for:

  • Any economic losses
  • Any loss of goodwill or reputation
  • Any special or indirect losses suffered by the User as per the Terms of Use

15.2 KidX’s liability whether in contract, tort or otherwise in respect of any defect in the Products or for any breach of the Terms of Use or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Products in question.

16. Severance

16.1 If any part of the Terms of Use shall be deemed unlawful, voidable or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

17. Indemnity

17.1 You agree to indemnify KidX, and our officers, directors, employees, affiliates, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, charges including reasonable legal fees, arising out of any breach of the conditions by You or by any third Party relating to you or any other liabilities arising out of your use of this Website, or any transaction/dealing done in Store.

18. Notice

18.1 Any notice given under or pursuant to these Terms of use may be sent by hand or by post or by registered post or by recorded delivery. It would first be received by the addressee in normal business hours.

18.2 KidX can be contacted by emailing KidX.wecare@webuy.com

18.3 The head office address is as below. This location is not able to receive unwanted purchases, process orders or has KidX staff on site daily - KidX LTD, Unit A, Greycaines House 21 Greycaine Road Watford WD24 7GP

18.4 The registered company name and address is as below. This location is not able to receive unwanted purchases, process orders or has KidX staff on site - KidX LTD, Sterling House, Fulbourne Road, London, E17 4EE. The company registration number is 10833757.

19. Applicable Law & Dispute Resolution

19.1 While transacting with KidX, You agree to be bound by the laws of England, Wales, Scotland and Northern Ireland.

20. Force Majeure

20.1 KidX shall not be liable for any default due to any Act of God, war, strike, lockout, pandemic, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of KidX.

21. KidX Rights

21.1 KidX reserves the right to Change the Terms of use from time to time and Your continued use of the Website (or any part thereof) following any changes shall be deemed to be an acceptance of such change.

21.2 Upon changes to the Terms and Conditions, Users will be prompted to accept or reject these updated terms. If Users do not agree to any change to the conditions then they must immediately stop using the Website.

22. Third Party Links

22.1 KidX shall not be responsible for the contents of any third parties, provided to You by a link on the Website or otherwise.

23. Waiver

23.1 Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity.

23.2 Any waiver by a party shall only be made in writing and executed by a duly authorised officer of such party.

24. Licence & Site Access

24.1 KidX grants You a limited licence to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KidX.

24.2 You accept that You will not misuse the content of this Website.