Terms and conditions

Introduction

We are Kite and we are pleased to welcome you to our website. These terms and conditions govern the use of our website (kiteeyewear.com) and the sale and purchase of goods and services through our website.

Please see clause 46 for Instagram Sunglasses Competition terms and conditions.

  1. PART A: Terms of Use (for all website users)
    1. About this document

      1. The terms in this PART A of this document (Terms of Use) apply to all users of our website (kiteeyewear.com) whether registered users, customers, prospective customers or visitors only. 

      2. The terms in PART B of this document (Terms of Supply) apply to registered users and customers. 

      3. When we use the word Terms in this document, we mean these Terms of Use, and the Terms of Supply.

      4. In these Terms:

        1. when we use the words “writing” or “written” this includes emails;

        2. any words following the terms including, include, in particular, for example, such as, or any similar expression are illustrative and do not limit the sense of the words preceding those terms;

        3. unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular;

        4. a reference to a statue or statutory provision is a reference to it as amended, extended or re-enacted from time to time, and a reference to a statute shall include all subordinate legislation made from time to time under it; and

        5. any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates to the English legal term in that jurisdiction.

    2. By using our website you accept these Terms of Use


      By using our website, you accept these Terms of Use in full and agree to comply with them. If you disagree with these Terms of Use or any part of them, you must not use our website.

    3. There are other terms that my apply to you

      1. The Terms of Use refer to the following additional terms, which also apply to your use of our website:

        1. Our Privacy and Cookies Policy https://kiteeyewear.com/privacy sets out the terms on which we process any personal data we collect from you, or that you provide to us. It also sets out the information about the cookies on our site. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 

        2. The Terms of Supply in PART B of this document will also apply to you if you register with our website, and/or order any goods or services from our website.

    4. Who we are and how to contact us

      1. kiteeyewear.com is a website operated by Kite Optics Limited (we, us or our). We are registered in England and Wales under company number 08306153, and have our registered office address at 20-24 Broadwick Street 5th Floor, London, United Kingdom, W1F 8HT. 

      2. Our stores are located at the addresses published on our website from time to time https://kiteeyewear.com/locations.

      3. You can contact us by:

        1. post to KITE Eyewear, 25 Redchurch Street, London, United Kindgom, E2 7DJ;

        2. telephone, on the contact number published on our website from time to time https://kiteeyewear.com/contact-us

        3. email, using the email address published on our website from time to time https://kiteeyewear.com/contact-us

    5. We may make changes to these Terms and our website

      1. We may revise and amend these Terms from time to time. 

      2. If you are a registered user of our website, we will give you a written notice of any revision of these Terms, and the revised Terms will apply to the use of our website from the date that we give you such notice. If we update these Terms the version to which you originally agreed will no longer be available on our website. We recommend that you print a copy of these Terms for future reference.

      3. If you are not a registered user of our website, the revised Terms will apply to your use of our website from the date of publication of the revised Terms on our website. We recommend that you check these terms and conditions every time you use our website.

      4. These Terms were last revised on 05/12/2017. If you do not agree to the revised Terms, you must stop using our website.

      5. We may update and change our website from time to time, for example, to reflect changes to our products, our users’ needs and/or our business priorities.

    6. We may suspend or withdraw our website

      1. Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. If you are a registered user of our website we will try to give you reasonable notice of any suspension or withdrawal.

      2. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms of Use and other applicable terms and conditions (see section 3.1), and that they comply with them.

    7. Copyright, trade marks and other intellectual property rights

      1. Copyright (c) 2017, Kite Optics Limited.

      2. Subject to the express provisions of these Terms:

        1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

        2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

      3. KITE, our logos and our other registered and unregistered trade marks are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

      4. The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless expressly stated otherwise in these Terms or on our website, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

      5. Nothing in these Terms shall operate to transfer any intellectual property rights from us to you. Any goodwill derived from the use by you of our intellectual property rights shall accrue to us.

    8. How you may use our website

      1. You may:

        1. view pages from our website in a web browser;

        2. download pages from our website for caching in a web browser;

        3. print pages from our website;

        4. stream audio and video files from our website;

        5. use our website services by means of a web browser;

        6. post on our website your comments to our website content;

        7. share links to the content of our website on social media portals,

        subject to the other provisions of these Terms of Use.

      2. Except as expressly permitted by section 8.1 or the other provisions of these Terms of Use, you must not download any material from our website or save any such material to your computer.

      3. Except as expressly permitted by these Terms of Use, you must not edit or otherwise modify any material on our website.

      4. Our status (and that of any identified contributors) as the authors of content on our website, must always be acknowledged.

      5. You must not:

        1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

        2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

        3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

        4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

        5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

        6. violate the directives set out in the robots.txt file for our website;

        7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);

        8. attempt or permit any third party to reverse engineer, decompile, monitor or in any way replicate the coding, software or functionality of the website; or

        9. access any part of the website in order to build a product or service that competes with our products or services.

      6. Unless you own or control the relevant rights in the material, and save as set out in section 8.1(g) of these Terms of Use, you must not:

        1. republish material from our website (including republication on another website);

        2. sell, rent or sub-license material from our website;

        3. show any material from our website in public;

        4. exploit material from our website for a commercial purpose; or

        5. redistribute material from our website.

      7. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

      8. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

    9. Your User Content: rules

      1. You warrant and represent that any content whatsoever submitted by you to us or our website for storage, or publication on, processing by, or transmission via our website, including without limitations any text, graphics, images, audio material, video material, audio-visual material, scripts, software and files (together User Content), will comply with these Terms of Use, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

      2. Your User Content must not be illegal or unlawful, must not infringe any person's legal rights including any intellectual property rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

      3. Your User Content, and the use of your User Content by us in accordance with these Terms of Use, and must not:

        1. be libellous or maliciously false;

        2. be obscene or indecent;

        3. infringe the intellectual property rights of any third party;

        4. infringe any right of confidence, right of privacy or right under data protection legislation;

        5. constitute negligent advice or contain any negligent statement;

        6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

        7. be in contempt of any court, or in breach of any court order;

        8. be in breach of racial or religious hatred or discrimination legislation;

        9. be blasphemous;

        10. be in breach of official secrets legislation;

        11. be in breach of any contractual obligation owed to any person;

        12. depict violence in an explicit, graphic or gratuitous manner;

        13. be pornographic, lewd, suggestive or sexually explicit;

        14. be untrue, false, inaccurate or misleading;

        15. (except in relation to the provision of your eyesight prescription as set out in sections 26 and 27.1 of these Terms), consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

        16. constitute spam;

        17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

        18. cause annoyance, inconvenience or needless anxiety to any person.

      4. Your User Content must be true, appropriate, accurate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

      5. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of Terms of Use.

      6. You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

    10. Your consent for our use of your User Content

      1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your User Content (as defined in section 9.1 of these Terms of Use) in any existing or future media, including but not limited to, any testimonials submitted by you to us.

      2. You grant to us the right to sub-license the rights licensed under section 10.1 of these Terms of Use.

      3. You grant to us the right to bring an action for infringement of the rights licensed under section 10.1 of these Terms of Use.

      4. You hereby waive all your moral rights in your User Content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your User Content have been waived to the maximum extent permitted by applicable law.

      5. You may edit your User Content to the extent permitted using the editing functionality made available on our website and subject to our approval (as required).

      6. Without prejudice to our other rights under these Terms of Use, if you breach any provision of these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, un-publish or edit any or all of your User Content.

    11. User Content is not approved by us

      1. Our website may include information and materials uploaded by other users of the website, for example user comments posted on our website. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

      2. If you wish to complain about information and materials uploaded by other users please contact us by using the contact one of the contact methods set out in section 4.3 of these Terms of Use.

    12. We are not responsible for viruses

      1. We do not guarantee that our website will be secure or free from bugs or viruses.

      2. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

    13. Consequences of breach of these Terms of Use

      1. We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our website.  When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.

      2. Failure to comply with these Terms of Use may result in our taking all or any of the following actions:

        1. immediate, temporary or permanent withdrawal of your right to use our website;

        2. immediate, temporary or permanent removal of any posting or material uploaded by you to our website;

        3. issue of a warning to you;

        4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

        5. further legal action against you;

        6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

      3. We exclude liability for actions taken in response to breaches of these Terms of Use.  The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

      4. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

      5. You agree to indemnify us from and against all claims, demands, actions, liabilities, costs and expenses (including legal costs) resulting from your breach of these Terms of Use.  This indemnity survives any termination of these Terms of Use.

    14. Report abuse



      If you learn of any unlawful material or activity on our website, or any material or activity that breaches these Terms of Use, please let us know using one of the methods set out in section 4.3 of these Terms of Use.

    15. Third party websites

      1. Our website may include links to other websites owned and operated by third parties. Such links are provided for information only and are not recommendations or endorsements by us of those linked websites or information you may obtain from them.

      2. We have no control over third party websites and their contents, and (save as stated in section 16.1 of these Terms) we accept no responsibility for them or for any loss or damage that may arise from your use of them.

    16. Our responsibility for loss or damage suffered by you

      1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so under the applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

      2. The limitations and exclusions of liability set out in this section 16 and elsewhere in these Terms:

        1. are subject to section 16.1; and

        2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.

      3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control including in circumstances in which our supply of a product is delayed by an event outside of our control.  In these circumstances, if you are a registered user or a customer, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.  If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

      4. We will not be responsible for any delay, or loss or damage to any goods ordered by you on our website caused by you providing incorrect delivery details or caused by our compliance with any delivery instructions provided by you (for example, leaving any goods outside or unattended).

      5. To the maximum extent permitted by law, we will not be liable to you for loss or damage you suffer as a result of your breach of the warranties in sections 3.1(a), 9.1, 10.4, and 26.4 of these Terms.

      6. Please note that we only provide our website and/or supply or products for domestic and private use, and we will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

      7. We are responsible to you for loss or damage you suffer that is a foreseeable result of our breaking these Terms.  Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it would happen.  We are not responsible for any loss or damage that is not foreseeable.

      8. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage caused by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us.

    17. Other important terms

      1. We may transfer our rights and obligations to someone else. We may transfer our rights and obligations under these Terms to another organisation. If you are a registered user of our website, we will tell you in writing if this happens and we will ensure that such transfer will not affect your right under these Terms.

      2. Nobody else has any rights under these Terms. These Terms are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

      3. If a court finds part of these Terms illegal, the rest will continue in force. Each of the sections in these Terms operates separately. If any court or other competent authority decides that any of the sections are unlawful or unenforceable, the remaining sections will remain in full force and effect. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full force and effect.

      4. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, it will not mean that you do not have to do those things or prevent us taking steps against you at a later date. 

      5. Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts, except that if you contract with us as a consumer (that is an individual acting wholly or mainly outside your trade, business, craft or profession), this section shall not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, if you live in Scotland, you can bring legal proceedings in respect of these Terms either in the Scottish or the English courts, and if you live in Northern Ireland, you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts. 

    18. Statutory and regulatory disclosures

      1. These Terms are in English language only.

      2. Our VAT number is 177550190.

      3. We are registered as a manufacturer with the Medicines and Healthcare Products Agency (MHRA). MHRA is the competent authority in the United Kingdom for the registration of medical devices. Our registration number is CA016695.

      4. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit your dispute for online resolution to the European Commission Online Dispute Resolution platform here.

  2. PART B: Terms of Supply (for all registered website users and customers)
    1. By registering with our website you accept these Terms

      1. These Terms of Supply apply to you, in addition to our Terms of Use in PART A  of this document, if you register with our website, and/or order any goods or services from our website.

      2. By registering with our website you accept these Terms in full and agree to comply with them. Please read these Terms carefully before you register with our website and/or submit your order to us. If you do not agree with these Terms, do not register with our website and/or place any order with our website.

    2. User registration and accounts

      1. To be eligible for an individual account on our website you must be at least 18 years of age.

      2. You may register for a user account with our website by completing and submitting the account registration form on our website.

      3. Only one user account is permitted per person.

    3. User login details

      1. If you choose, or are provided with, a user ID, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

      2. Your user ID must not be liable to mislead and must comply with the content rules set out in section 9 of these terms and conditions. You must not use your account or user ID for or in connection with the impersonation of any person. 

      3. You must notify us in writing immediately if you become aware of any disclosure of your password.

      4. You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

      5. We have the right to disable any account access at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

    4. Products

      1. The following types of products are or may be available on our website from time to time: 

        1. glasses and sunglasses (prescription and non-prescription) for sale;

        2. eyewear accessories for sale;

        3. our eye test booking service (currently only available to customers based in the United Kingdom); and

        4. our Home Try service (currently only available to customers based in the United Kingdom).

      2. We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

      3. The images of the products on our website are for illustrative purposes only.  Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.  Your product may vary slightly from those images.

      4. The packaging of the product may vary from that shown in images on our website.

      5. We may change the product you have ordered

        1. to reflect changes in relevant laws and regulatory requirements; and

        2. to implement minor technical adjustments and improvements (these changes will not affect your use of the product).

      6. You own a product once we have received payment for it in full.

      7. Our website is solely for the promotion of our products in the United Kingdom and the European Economic Area. Unfortunately, we do not accept orders from addresses outside the United Kingdom or the European Economic Area.

    5. Order process (all products)

      1. The advertising of products on our website is not a contractual offer. No contract for the supply of goods or services will come into force between you and us unless and until we accept your order as described in the product specific provisions of these Terms (see section 27.1(f) for the sale of glasses and sunglasses, section 34.1(e) for our Home Try service, and section 42.1(c) for our eye test booking service).

    6. Warranties and representations (all products)

      1. You warrant and represent to us that: 

        1. you offer to contract with us, or you contract with us, as a consumer: that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

        2. you are legally capable of entering into binding contracts;

        3. you have full authority, power and capacity to agree to these Terms;

        4. all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

        5. you will be able to take delivery of the products in accordance with these Terms of Supply.

        Please also see the warranties in sections 3.1(a), 9.1, 10.4, and 26.4 of these Terms.

      2. We warrant to you that: 

        1. we have the right to sell the products that you buy;

        2. the products we sell to you are sold free from any charge or encumbrance, except as specified in these Terms;

        3. you shall enjoy quiet possession of the products you buy, except as specified in these Terms;

        4. if the products you buy are goods, they will correspond to any description published on our website and will be of satisfactory quality;

        5. if the products you buy are services, we will provide them with reasonable care and skill.

      3. All of our warranties and representations relating to the supply of products are set out in these Terms. To the maximum extent permitted by applicable law, and subject to section 16.1, all other warranties and representations are expressly excluded.

    7. Contract cancellation (all products)

      1. We may cancel a contract under these Terms of Supply immediately, by giving you written notice of termination, if: 

        1. you fail to pay, on time and in full, any amount due to us under that contract;

        2. you commit a material breach of that contract and such breach is not remediable; or

        3. you commit a material breach of that contract which is not remedied within 14 days of receiving written notice of such breach.

      2. You may cancel a contract under these Terms of Supply:

        1. by giving us written notice of termination, if we commit a material breach of that contract and such breach is not remediable; (please also see section 16.3 of these Terms);

        2. by giving us written notice of termination, if we commit a material breach of that contract which is not remedied within 14 days of receiving written notice of such breach; or

        3. if the contract relates to the supply of glasses and/or sunglasses which was concluded with us through our website, in accordance with section 31.1.

      3. We may cancel a contract under these Terms of Supply by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

      4. If a contract under these Terms of Supply is cancelled in accordance with this section 25: 

        1. we will cease to have any obligation to deliver products which are undelivered at the date of cancellation; and

        2. you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).

    8. Glasses and sunglasses: your prescriptions

      1. If you have an account with our website, you will be able to upload and store on your account a copy of your eyesight prescription. 

      2. When you place an order for prescription glasses or sunglasses on our website, before proceeding to checkout (as described in section 27.1 of these Terms), you will be required to either:

        1. upload your current eyesight prescription to your account on our website; or

        2. review your prescription previously uploaded to your account on our website and confirm that is it current.

      3. You agree that if you fail to comply with the requirements in section 26.2 above we will not be able to process your order for prescription glasses or sunglasses.

      4. You warrant and represent to us that the eyesight prescription you provide to us in connection with your order:

        1. has been provided to you by a suitably qualified optical professional;

        2. is not more than 24 months old (or 12 months old if you are aged 70 or over);

        3. to your knowledge, is up-to-date and accurately represents the medical requirements for your prescription glasses and sunglasses.

      5. You agree and acknowledge that we are entitled to rely on any eyesight prescription, which you provide in connection with your order, being true and accurate reflection of your current medical needs in relation to prescription glasses and/or sunglasses.

    9. Glasses and sunglasses: order process

      1. The process of placing and accepting orders for glasses and sunglasses (prescription and non-prescription) shall be as follows:

        1. you must add the products you wish to purchase to your shopping cart, and then proceed to checkout;

        2. if you have not added any products with prescription lenses to your shopping cart you can then choose to place your order as guest, or log into your user account on our website, or create a user account on our website before proceeding to the next step;

        3. if you have added any products with prescription lenses to your shopping cart, then before proceeding to the next step you must log into your user account on our website, or create and log into an account on our website before proceeding to the next step; and attach a copy of your prescription;

        4. you must then provide your billing and payment details, select your preferred delivery method, consent to these Terms, and place the order;

        5. we will then process your payment, and send you an initial acknowledgement;

        6. once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point a binding contract for the supply of goods will come into existence between you and us) or we will confirm by email that we are unable to meet your order.

      2. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be, for example, because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because your payment is declined by your card-issuing bank, or because of any other reason that we in our discretion may determine.

      3. We will assign an order number to your order and inform you of this when we accept your order.  It will help us if you can tell us the order number whenever you contact us about your order.

      4. If you wish to make a change to your order please contact us using one of the methods set out in section 4.3. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you and your order relates to a contract for the supply of glasses and/or sunglasses that was concluded with us through our website, you may want to end the contract in accordance with section 31 of these Terms.

    10. Glasses and sunglasses: charges

      1. Our prices are quoted on our website. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

      2. All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

      3. It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.  If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract refund you any sums you have paid and require the return of any products provided to you.

      4. If your delivery address is outside the United Kingdom, your local custom authorities may charge import duties or taxes on the product. You will be solely responsible for payment of any such duties or taxes.

    11. Glasses and sunglasses: payments

      1. You must, during the checkout process, pay the prices of the products you order.

      2. Payments may be made by any of the permitted methods specified on our website from time to time.

      3. If you fail to pay to us any amount due under these Terms in accordance with the provisions of these Terms, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

      4. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: 

        1. an amount equal to the amount of the charge-back;

        2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

        3. an administration fee of GBP 25.00 (including VAT); and

        4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section 29.4 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section 29.4.

    12. Glasses and sunglasses: deliveries

      1. Our policies and procedures relating to the delivery of products are set out in this section 30 and on our website at https://kiteeyewear.com/delivery.

      2. We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. The delivery country must always be the same as the billing address country.

      3. We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within the timeframes published on our website at https://kiteeyewear.com/delivery. However, we do not guarantee delivery by this date.

      4. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and section 25.1(c) of these Terms will apply.

      5. If you have asked to collect the products from our premises, you can collect them from us at any time during our opening hours as published on our website from time to time.

    13. Glasses and sunglasses: cancellations, returns and refunds

      1. You may withdraw an offer to enter into a contract for the supply of glasses and/or sunglasses with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period of 30 days after the product comes into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 30 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

      2. Our goodwill guarantee set out in section 31.1 does not remove or reduce your legal rights which you may have under the applicable law, for example in relation to faulty or misdescribed products.

      3. In order to withdraw an offer to contract or cancel a contract on the basis described in this section 31, you must inform us of your decision to withdraw or cancel it either:

        1. in writing by using our cancellation form available here https://kiteeyewear.com/faq; or

        2. otherwise letting us know by any methods of the communication set out in section 4.3 of these Terms). 

        To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired. If you withdraw your offer or cancel a contract in writing, we will acknowledge your cancellation or withdrawal in writing.

      4. If you cancel a contract on the basis described in this section 31, you must send the products back to us (to KITE Eyewear, 25 Redchurch Street, London, United Kingdom, E2 7DJ) or hand them over to us or a person authorised by us to receive them as further described on our website at https://kiteeyewear.com/delivery. You must comply with your obligations referred to in this section 31 without undue delay and in any event not later than within 14 days from the date of delivery as set out in section 31.1 of these Terms. You must pay the direct cost of returning the products, unless your delivery address is in the United Kingdom (in which case return delivery is free when you use our prepaid return label which we can send to you if you request it). We will send you an email to confirm arrival of the products when receive them.

      5. If you cancel an order in accordance with this section 31, you will receive a full refund of the amount you paid to us in respect of the order, except that if the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products (that is the sort of handling that might reasonably be allowed in a shop), we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us.

      6. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

      7. We will process a refund due to you as a result of a cancellation on the basis described in this section 31 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

    14. Glasses and sunglasses: if there is a problem with the products

      1. If you have any questions or complaints about our products, please contact us by using one of the contact methods set out in section 4.3 of these Terms. Alternatively, please speak to one of our staff in-store.

      2. Selected glasses and sunglasses products are guaranteed in the European Economic Area for 24 months from the date of purchase against all manufacturing defects as determined by our technical services department. Any part found to be defective in materials or workmanship will be at our discretion replaced or repaired free of charge. Such replacement or repair will not reset or extend the original guarantee period.

      3. If you discover a defect with your glasses or sunglasses, tell us about the problem using one of the contact methods set out in section 4.3 of these Terms. If we ask you to send your glasses or sunglasses to us, you will need to pay any applicable delivery costs. We will then examine the product and, provided the defect falls under this guarantee, replace them or repair the fault free of charge.

      4. The guarantee set out in this section 32.2 above does not cover:

        1. damage resulting from accidents, mishandling or abusive use (including knocks, dents, crushing, scratches and other cosmetic or functional damage), unauthorised alternation, manipulation or repair, as well as the consequences of the normal wear and ageing of frames (including scratched lenses);

        2. damage arising after the first 24 months from the date of purchase of the lenses; or

        3. damage that arises because you have failed to follow the care and maintenance instructions set out in the guarantee booklet provided with the product.

      5. Nothing in these Terms will affect your statutory rights you may have as a consumer under the applicable law. The guarantee set out in section 32.2 above is provided in addition to, and not in substitution of, such rights. If our supply of the products to you is governed by the English law, a summary of your legal rights in relation to the products is provided in the box below.

        Summary of your key legal rights

        Your legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website citizensadvice.org.uk or call 03454 04 05 06.



        Where the products supplied to you are goods (as is the case here), they must be as described, fit for purpose and of satisfactory quality.


         
        During the expected lifespan of your product your legal rights entitle you to the following:


        • up to 14 days: you can cancel the contract without giving any reason without incurring any liability;
        • up to 30 days: if your goods are faulty, then you can get an immediate refund;
        • up to six months: if your goods cannot be repaired or replaced, then you are entitled to a full refund, in most cases; and
        • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
    15. Home Try: about the service

      1. Under our Home Try service:

        1. you can select and order for trial up to four pairs of frames from our website (in accordance with section 34.1 of these Terms);

        2. if we accept your order, we will fit the frames you selected with plain non-prescription lenses (together referred to as the Home Try Products) and deliver them to you (as described in section 37 of these Terms) for trial;

        3. you will then have 7 days from delivery to try the Home Try Products on, after which time you must return the Home Try Products to us (in accordance with section 38 of these Terms).

      2. We supply Home Try Products under our Home Try service on the basis of hire (and not sale or gift). All Home Try Products remain our property at all times. If you wish to purchase any of the frames you tried under the Home Try service, you need to place an order for such frames on our website (as described in section 27 of these Terms).

      3. Our Home Try service is currently only available to customers based in the United Kingdom.

    16. Home Try: order process

      1. The process of placing and accepting orders for our Home Try services shall be as follows:

        1. you must add up to four frames you wish to try under our Home Try service to your Home Try box on our website and proceed to the checkout;

        2. you must then log into your user account on our website, or create an account on our website before proceeding to the next step;

        3. you must then select your preferred time of delivery option (as explained in sections 39.1 to 39.2 of these Terms), provide your billing and payment details for the purpose of pre-authorisation of payment of the Security Deposit (as defined in section 35.2 of these Terms) on your credit/debit card, consent to these Terms including the pre-authorisation of payment (as explained in section 36.1 of these Terms), and place the order;

        4. we will then process your pre-authorisation of payment (as described in section 36.1 of these Terms), and send you an initial acknowledgement;

        5. once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point a binding contract for the supply of the Home Try service will come into existence between you and us) or we will confirm by email that we are unable to meet your order.

      2. If we are unable to accept your order, we will inform you of this by email or telephone and will instruct your card issuing bank to release the amount blocked on your credit/debit card. This might be, for example, because one or more products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because you have insufficient funds on the credit/debit card which you pre-authorised to cover the required pre-authorisation amount, because we have identified an error in the price or description of a product, or because of any other reason that we in our discretion may determine.

      3. We will assign an order number to your order and tell you what it is when we accept your order.  It will help us if you can tell us the order number whenever you contact us about your order.

      4. If you wish to make a change to your order please contact us using one of the methods set out in section 4.3. We will let you know if the change is possible. If it is possible we will let you know about any changes to the amount of the required Security Deposit, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract in accordance with section 39 of these Terms.

    17. Home Try: charges

      1. Our Home Try service is free of charge save if:

        1. you fail to return any of the Home Try Products to us (in breach of section 38 of these Terms);

        2. you fail to return any of the Home Try Products to us within the deadline set in section 38 of these Terms; or

        3. the value of any of the Home Try Products returned by you is diminished by any amount as a result of the handling of those products by you beyond what in all the circumstances may reasonably be considered as fair wear and tear, in which case we may recover that amount from you up to the value of the Security Deposit (as defined in section 35.2 of these Terms).

      2. If you fail to return the Home Try Products to us in breach of section 38 of these Terms, you must pay us a fee equal to a security deposit (Security Deposit). The amount of the Security Deposit will be the total cost of the Home Try Products which will be clearly stated on our website before you give us your payment pre-authorisation (as described in with section 34.1(c) of these Terms).

      3. If you return your Home Try Products to us after the deadline set in section 38 of these Terms, you must pay us an administration fee of GBP £25.00 (including VAT) (Late Payment Fee).

    18. Home Try: payments

      1. When placing an order for our Home Try service (see section 34.1(c) of these Terms), you will be required to give us pre-authorisation to charge an amount equal to the Security Deposit on your credit/debit card. You must use for that purpose a credit/debit card which is in your name and has enough funds available on it.

        How does the pre-authorisation of payment work?

        The pre-authorisation of payment means that an amount of money is blocked on your credit/debit card but is not actually charged to it unless and until we are entitled (in accordance with sections 36.3 to 36.5 (inclusive) of these Terms) to charge to it a payment not exceeding the blocked amount.

        Once your consent to the pre-authorisation is obtained by us, you will not be able to use that money until your card issuing bank releases the pre-authorisation. When an amount is blocked on your credit/debit card as a result of pre-authorisation, it may appear on your bank statement as a charge.

        The pre-authorisation may appear on your bank statement as a charge. Card issuing banks only allow for funds to be blocked for a short period of time (for example 7 days) from the date of pre-authorisation at a time, after which time we will need to re-issue a request to your credit/debit card issuer to block the relevant amount on your account, as pre-authorised by you in accordance with these Terms. When that happens, such repeated requests may appear on your bank statements as charges. We will not actually charge any amount to your credit/debit card unless and until we are entitled to do so in accordance with sections 36.3 to 36.5 (inclusive) of these Terms. 

      2. If you cancel your order (in accordance with section 39 of these Terms), or return your Home Try Products to us (in accordance with section 38), we will, within 72 hours from either:

        1. us receiving such cancellation;

        2. us collecting the Home Try Products from you; or

        3. you dropping the Home Try Products to a collection point (as set out in section 38.2(b)),

        instruct your card issuing bank to release the pre-authorisation of payment in full and will not charge any amounts to it.

      3. If you fail to return your Home Try Products to us (in breach of section 38 of these Terms), we will charge the amount equal to the Security Deposit (see section 35.2) to your credit/debit card.

      4. If you return your Home Try Products to us after the deadline set out in section 38 of these Terms then:

        1. if we have already charged the Security Deposit to your credit/debit card (as described in section 36.3 above), we will refund to you an amount equal to the Security Deposit less the Late Payment Fee (see section 35.3); or

        2. if we have not charged the Security Deposit to your credit/debit card (as described in section 36.3 above), we will charge the amount equal to the Late Payment Fee (see section 35.3), and instruct your card issuing bank to release the balance of the pre-authorised payment to you.

      5. If the value of any of the Home Try Products returned by you is diminished (as described in section 35.1(c)) we will charge to your credit/debit card an amount equal to the amount by which the value of the Home Try Product has been diminished up to the value of the Security Deposit, and instruct your card issuing bank to release the balance of the pre-authorised payment to you.

      6. If for any reason we are unable to charge the Security Deposit or Late Payment Fee (in accordance with this section 36) to your credit/debit card, for example because your credit/debit card was stolen or because you withdrew your consent to the pre-authorisation, we will invoice you in respect of the Security Deposit or the Late Payment Fee (as and if applicable). You must pay any such invoice within 10 days after the date of the invoice. If you do not pay the invoiced amount to us by the due date, we may (without limiting any other remedies available to us under these Terms and/or the applicable law) charge interest to you on the overdue amount at the rate of 4% a year above the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us the interest together with any overdue amount.

      7. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: 

        1. an amount equal to the amount of the charge-back;

        2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

        3. an administration fee of GBP 25.00 (including VAT); and

        4. all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this section 36.7 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this section 36.7.

    19. Home Try: deliveries

      1. Our policies and procedures relating to the delivery and returns of Home Try Products are set out in this section 37 and on our website at https://kiteeyewear.com/delivery.

      2. We will arrange for the Home Try Products you ordered to be delivered to the delivery address you specify during the checkout process. 

      3. We will use reasonable endeavours to deliver the Home Try Products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within the timeframes published on our website at https://kiteeyewear.com/delivery. However, we do not guarantee delivery by this date.

      4. If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If you do not collect the Home Try Products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and section 25.1(c) of these Terms will apply.

      5. If you have asked to collect the Home Try Products from our premises, you can collect it from us at any time during our opening hours as published on our website from time to time.

    20. Home Try: testing and returns

      1. You must return the Home Try Products to us within the period of 7 days (Trial Period) after the Home Try Products come into your physical possession or the physical possession of a person identified by you to take possession of it.

      2. To meet the return deadline in section 38.1 above you must do one of the following within the Trial Period:

        1. let us know when you would like us to collect the Home Try Products from your delivery address, which must be within the Trial Period; or

        2. drop the Home Try Products at one of the collection points listed on our website at https://kiteeyewear.com/delivery.

    21. Home Try: cancellations

      1. You have the legal right to withdraw an offer to enter into the contract for the supply of the Home Try service with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period of 14 days after the day on which the contract is entered into. Save as provided in section 39.2 below, we are not able to begin arranging the delivery of the Home Try Products to you before the end of that statutory 14 days cancellation period.

      2. We are allowed to begin arranging the delivery of the Home Try Products to you immediately, if you expressly request us to do. You may do that by selecting the appropriate delivery option when placing your order for the Home Try service on our website (as described in section 34.1(c) of these Terms. If you decide to do so, you will lose the statutory right to cancel the contract (referred to in section 39.1 of these Terms) once the Home Try Products are delivered to the delivery address specified by you during the checkout process. However, you will still be entitled to cancel the contract at any time prior to the delivery without incurring any liability.

      3. In order to withdraw an offer to contract or cancel a contract on the basis described in this section 39, you must inform us of your decision to withdraw or cancel it either:

        1. in writing by using our cancellation from available here https://kiteeyewear.com/faq; or

        2. otherwise letting us know by any methods of the communication set out in section 4.3 of these Terms). 

        To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired. If you withdraw your offer or cancel a contract in writing, we will acknowledge your cancellation or withdrawal in writing.

      4. If you cancel an order in accordance with this section 39, we will instruct your card issuing bank to release the pre-authorisation of payment of the Security Deposit as set out in section 36.2 of these Terms.

    22. Home Try: if there is a problem with the service

      1. If you have any questions or complaints about our Home Try service, please contact us by using one of the contact methods set out in section 4.3 of these Terms. Alternatively, please speak to one of our staff in-store.

      2. Nothing in these Terms will affect your statutory rights you may have as a consumer under the applicable law. If our supply of the products to you is governed by the English law, a summary of your legal rights in relation to the products is provided in the box below.

        Summary of your key legal right

        Your legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website citizensadvice.org.uk or call 03454 04 05 06.

        Where the products supplied to you are services (as is the case here), you are entitled to:


        • cancel the contract with us without giving any reason and without incurring any liability within 14 days after the day we enter into the contract;
        • ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it (if applicable);
        • if you have not agreed a price beforehand, what you are asked to pay must be reasonable; and 
        • if you have not agreed a time beforehand, the service must be carried out within a reasonable time.
    23. Eye test booking: about the service

      1. Under our eye test booking service:

        1. you can book an appointment through our website to visit one of our optometrists at the store you select when placing your booking for our eye test booking service at your chosen day and time for the purpose of receiving an eye test; and 

        2. if we accept your booking, we will reserve such an appointment for you and send you a confirmation of your appointment.

      2. Our eye test booking service is currently only available to customers based in the United Kingdom.

      3. Our eye test booking service only covers the matters set out in section 40.1 above and does not extend to the provision of the eye test itself. The provision of the eye test will be covered by a separate agreement which will need to be concluded between you and us before your eye test can begin. 

    24. Eye test booking: order process

      1. The process of placing and accepting bookings for our eye test booking services shall be as follows:

        1. you must choose the date, time and location of your eye test appointment on our website, provide your details, and confirm your booking;

        2. we will then send you an initial acknowledgement;

        3. once we have checked whether we are able to meet your booking, we will either send you a booking confirmation email (at which point a binding contract for the supply of the eye test booking service will come into existence between you and us) or we will confirm by email that we are unable to meet your booking.

      2. If we are unable to accept your booking, we will inform you of this by email. This might be, for example, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the description of the service, or because of any other reason that we in our discretion may determine.

      3. We will assign a booking reference number to your reservation and tell you what it is when we accept your reservation. It will help us if you can tell us the booking reference number whenever you contact us about your appointment.

    25. Eye test booking: charges


      Our eye test booking service is free of charge. However, the eye test itself might be subject to a charge. Information on the prices of eye tests (if applicable) will be shown on our website and/or promotional communication before you book your eye test appointment. Please also see section 41.3 of these Terms.

    26. Eye test booking: cancellations

      1. You have the legal right to withdraw your booking made through our website (without giving any reason for your withdrawal and without incurring any liability) at any time before the contract for the supply of the booking service is concluded between us (that is before we send you a confirmation of your booking). 

      2. Once we send you a booking confirmation of your eye test appointment, our eye test booking service will be fully performed. However, you may (without giving any reason and without incurring any liability) at any time cancel your appointment.

      3. In order to withdraw your booking (on the basis set out in section 44.1), or to cancel your appointment (on the basis set out in section 44.2), you must inform us of your decision to withdraw or cancel it either:

        1. in writing by using our cancellation from available here https://kiteeyewear.com/faq; or

        2. by following the cancellation link provided in your booking confirmation email; or

        3. otherwise letting us know by any methods of the communication set out in section 4.3 of these Terms). 

      4. If you would like to change your booking in any way, you may reschedule your existing appointment or cancel your existing appointment (as set out in section 44.2 of these Terms) and book a new appointment (as described in section 42.1).

    27. Eye test booking: if there is a problem with the service

      1. If you have any questions or complaints about our eye test booking service, please contact us by using one of the contact methods set out in section 4.3 of these Terms. Alternatively, please speak to one of our staff in-store.

      2. Nothing in these Terms will affect your statutory rights you may have as a consumer under the applicable law. If our supply of the products to you is governed by the English law, a summary of your legal rights in relation to the products is provided in the box below.

        Summary of your key legal rights

        Your legal rights are subject to certain exceptions. For detailed information please visit the Citizens Advice website citizensadvice.org.uk or call 03454 04 05 06.

        Where the products supplied to you are services (as is the case here), you are entitled to:


        • cancel the contract with us without giving any reason and without incurring any liability within 14 days after the day we enter into the contract;
        • ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it (if applicable);
        • if you have not agreed a price beforehand, what you are asked to pay must be reasonable; and 
        • if you have not agreed a time beforehand, the service must be carried out within a reasonable time.
    28. Instagram Sunglasses Competition

      1. The promoter is Kite Optics Ltd (company no. 08306153) whose registered office is 151 Wardour Street, London, W1F 8WE.

      2. The competition is open to residents of the United Kingdom aged 18 years or over only, sorry.

      3. There is no entry fee and no purchase necessary to enter this competition.

      4. Winner will be chosen by our team of stylists.

      5. Entries made by people not following @kiteeyewear will be automatically disqualified.

      6. Winners will be awarded with ONE pair of Kite sunglasses only. Winner will be messaged directly on Instagram by Kite team for details.

      7. By entering this competition, an entrant is indicating their agreement to be bound by these terms and conditions.

      8. Employees of Kite Optics Ltd, its group companies, or anyone else directly connected with the weekly competition may not enter.

      9. Route to entry for the competition and details of how to enter are available via https://www.instagram.com/kite....

      10. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

      11. This will be a weekly competition, entrants are allowed to enter once per week with one post.

      12. Closing date for entry will be weekly at 23:59 on Friday. After this date no further entries to the competition will be permitted.

      13. No responsibility can be accepted for entries not received for whatever reason.

      14. Kite reserves the right to withdraw this competition at any time without notice.