TERMS AND CONDITIONS
1. Terms and Conditions
These terms and conditions (the “Terms and Conditions”) apply to any purchase made by you through our website, kimchiwitheverything.com. If you do not agree with these Terms and Conditions, please do not proceed to make a purchase on our website.
These Terms and Conditions were last updated in October 2023. Any changes to these Terms and Conditions will be published on our website, and so you should check for updates regularly before making purchases.
Goods are sold on kimchiwitheverything.com by Kimchi With Everything Ltd (“We” or “us”)
They describe the terms on which we will sell Goods to You. “Goods” may include, but is not limited to, food products including frozen food, and related products.
3. The Contract
3.1 When you place an order through our website, that is your offer to buy the Goods from us on these Terms and Conditions. You must make sure that the order (and any specification that forms part of your order) is correct.
3.2 When we send you a written confirmation, via email, you have a binding contract with us, and these Terms and Conditions are part of it.
3.3 These Terms and Conditions are our entire agreement. No previous statements or representations that we have made to you form part of these Terms and Conditions unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.
4. The Goods
4.1 The Goods are described on our website.
4.2 We are allowed to change any of the specifications of the Goods if this is necessary to comply with any regulations.
4.3 We will ensure that the following information is given or made available to you prior to the formation of a contract between you and us, unless such information is apparent from the context of the transaction:
4.3.1 the main characteristics of the Goods;
4.3.2 our identity and contact details;
4.3.3 the total price for the Goods, including taxes or, if the nature of the Goods is
such that the price cannot be calculated in advance, the manner in which it will be calculated;
4.3.4 where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
4.3.5 where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Goods;
4.3.6 our complaints handling policy;
4.3.7 information in our legal duty to supply Goods that are in conformity with these Terms and Conditions; and
4.3.8 where applicable, details of after sales services and commercial guarantees.
5. Delivery of the Goods
5.1 We will provide you with a delivery note with each delivery of Goods. It will state the order date, the order reference number, the type and quantity of Goods and any storage instructions.
5.2 Delivery dates are approximate, and time of delivery is not of the essence.
5.3 If we fail to deliver the Goods, our liability will be limited to your costs of obtaining replacements of similar type and quality at the cheapest available price, less the price of the Goods. We will not be liable for non-delivery if you give us inadequate delivery or other supply instructions.
5.4 We are allowed to deliver the Goods in instalments. If we do this, each instalment will make up a separate contract with its own invoice and payment arrangements. If an instalment is delayed, you may not cancel other instalments because of the delay.
5.5 You may cancel your order at any time before we dispatch the Goods by contacting us in writing (via our email address firstname.lastname@example.org).
5.6 If you are a consumer, you may also cancel your order within 14 days of receipt of the Goods where it is placed with us using our website. If you have already paid for the Goods, the payment will be refunded to you within 14 days of your cancellation (excluding delivery costs, for which you will be responsible, unless the Goods are damaged, defective or incorrect).
5.7 To exercise your right of cancellation, as set out in clause 5.6, you must follow this procedure:
5.7.1 contact us by email, within 7 days of receipt of the Goods, to confirm that you will be cancelling your order;
5.7.2 safely and securely repackage the Goods, in the packaging originally provided to you, or in packaging of a similar standard; and
5.7.3 return the Goods to us by post (you are advised to use a tracked form of postage) within 7 days of contacting us to confirm your cancellation.
5.8 The right of cancellation, as set out in clause 5.6, shall not apply to frozen Goods or to any other Goods which may deteriorate or expire rapidly.
5.9 We may cancel your order at any time before we dispatch the Goods in the following circumstances:
5.9.1 The Goods are no longer in stock and we are unable to re-stock (if, for example, the Goods are discontinued); or
5.9.2 An event outside of our control continues for more than 7 days.
5.10 If we cancel your order under sub-Clause 5.7 and you have already paid for the Goods, the payment will be refunded to you within 14 days. If we cancel your order, the cancellation will be confirmed by us in writing (via email).
6. Title, Risk and Warranties
6.1 Risk in the Goods passes to you on completion of delivery.
6.2 We warrant that, at the time of delivery:
6.2.1 the Goods are the same in all material respects as their description on the website. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on our website. We don’t, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible;
6.2.2 the Goods are free from significant defects;
6.2.3 the Goods are of satisfactory quality; and
6.2.4 the Goods are suitable for any purpose that we have specified.
6.3 If you discover that some or all of the Goods do not conform with clause 6.2, you can reject them within 7 days of their receipt by notice in writing to us, or require us to replace them, or (if we fail to do that) require us to refund you the price of the defective Goods. This will only apply, however, if you have done the following:
6.3.1 given us a reasonable opportunity to examine the Goods; and
6.3.2 returned the Goods to us at our address.
6.4 Clause 6.3 does not apply if:
6.4.1 you continue to use the Goods after you given us notice of a defect;
6.4.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage, installation or maintenance of the Goods; or
6.4.3 changes have been made to the Goods to comply with regulations which apply to them.
7. Price and Payment
7.1 The price of the Goods is stated in our email confirmation of your order. It is exclusive of VAT, postage and packing costs, for which you will have been required to pay in addition to the purchase price at the time of sale.
8. Liability Limitations
8.1 We will not be liable to you for any loss of profit or any consequential loss arising from these Terms and Conditions, and our total liability to you under these Terms and Conditions will not exceed the price of the Goods.
8.2 These Terms and Conditions do not limit our liability for death, personal injury caused by our negligence, fraud, breach of the terms implied by section 12 of the Sale of Goods Act 1979, defective products under the Consumer Protection Act 1987, or any other matter that the law says we can’t exclude.
8.3 Neither of us will be liable to the other for failure or delay in carrying out these Terms and Conditions, which is caused by an event beyond our reasonable control, which We could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest, explosions, mechanical breakdown, natural disasters, malicious damage, or default of suppliers or sub-contractors.
9.1 We are allowed to assign, transfer, charge or sub-contract our rights and obligations under these Terms and Conditions, but you may not do any of these things unless we have previously agreed in writing that you can.
9.2 Nobody other than you and us may rely on any terms of these Terms and Conditions.
9.3 If either party wishes to give a notice to the other under these Terms and Conditions, we must give it in writing and either deliver it or send it by first class post to the other’s registered office (or another address specifically given to the sender for this purpose). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings.
9.4 Delay in exercising a right under these Terms and Conditions will not take away that right or any other right.
9.5 Any dispute shall not affect the parties’ ongoing obligations under these Terms and Conditions.
9.6 These Terms and Conditions, and any non-contractual rights arising hereunder, are governed by English law and the courts of England and Wales will have exclusive jurisdiction to deal with any disputes arising from it.
10. Personal Data
We will use your personal data in order to process your orders for the purchase of Goods. Further information on how we use your personal data can be found in our privacy notice.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. Who We Are
2.1 Here are the details that the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, known as General Data Protection Regulation (GDPR) says we have to give you as a ‘data controller’:
– Our Website address is kimchiwitheverything.com
– Our company name is Kimchi With Everything Ltd
– Our company registration number is 12398989
– Our registered address is 23 Harper Close, Grays, Essex RM16 6DA, UK
– Our nominated representative is T Benson and they can be contacted at email@example.com
3. What we may collect
3.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
– Identity Data includes first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.
– Contact Data includes billing address, invoicing address, email address and telephone numbers.
– Financial Data includes bank account and payment card details.
– Transaction Data includes details about payments and other details of our Services you have purchased from us.
– Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
– Profile Data includes your username and password, reservations made by you, your interests, preferences, feedback and survey responses.
– Usage Data includes information about how you use our Website and Services.
– Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
– Interaction Data includes any information that you might provide to any discussion forums on the Website.
– Cookies Data like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them and what kind.
– Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or through the Services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.
3.4 We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3.5 Under GDPR we will ensure that your personal data is processed lawfully, fairly and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:
a) You have given consent to the processing of your personal data for one or more specific purposes;
b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at the request of you prior to entering into a contract;
c) processing is necessary for compliance with a legal obligation to which we are subject;
d) processing is necessary to protect the vital interests of you or of another natural person;
e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or
f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.
3.7 In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location or your browsing or purchasing history.
4. How we may collect and use your data
4.1 We (or third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:
Direct interactions. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
a) present Website content;
b) use any of our Services;
c) create an account on our Website;
d) subscribe to our Services or publications;
e) request marketing to be sent to you;
f) enter a competition, promotion or survey; or
g) give us some feedback.
4.2 In addition to the above, we may use the information in the following ways:
a) To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.
b) To administer a contest, promotion, survey or other site feature.
c) If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
d) Present Website content effectively to you.
e) Provide information, and services that you request, or (with your consent) which we think may interest you.
f) Carry out our contracts with you.
g) Provide the relevant Services to you
h) Tell you our charges.
4.3 If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
4.4 If you are a new customer, you will only be contacted if you agree to it.
4.5 We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.
4.6 In addition, if you don’t want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at firstname.lastname@example.org , and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible products to you.
4.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the products we can provide you if you don’t provide your personal data in these cases.
4.8 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
a) Where we need to perform the contract, we are about to enter into or have entered into with you.
b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
c) Where we need to comply with a legal or regulatory obligation
4.9 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at email@example.com, and we will either delete your data from our systems or move your data to our “unsubscribe list”. However, you acknowledge this will limit our ability to provide the best possible services to you.
5.1 All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.
6. Where we store your data and security
6.2 Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see the European Commission: EU-US Privacy Shield.
6.3 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
6.4 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
6.5 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.
6.6 Any payments made by you, will be encrypted.
6.7 We have implemented security measures such as a firewall to protect any data and maintain a high level of security.
6.8 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.
6.9 If we give you a password upon registration on our Website, you must keep it confidential. Please don’t share it.
6.10 We will keep personal data for as long as is necessary which is usually the life of our relationship and up to a period of seven years after our relationship have ended. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.
7. Disclosing your information
We are allowed to disclose your information in the following cases:
7.1 We are allowed to disclose your information in the following cases:
7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer.
7.1.2 We can disclose it to other businesses in our group.
7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people’s property, safety or rights.
7.1.4 We can exchange information with others to protect against fraud or credit risks.
7.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:
7.2.1 payment providers WIX and Paypal;
7.2.2 WIX, as the developer of our web-shop;
7.2.3 Google, as detailed in clause 3.2;
7.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under GDPR and the law.
8. Your rights
8.2 Under the GDPR, you have the right to:
– request access to, deletion of or correction of, your personal data held by us at no cost to you;
– request that your personal data be transferred to another person (data portability);
– be informed of what data processing is taking place;
– restrict processing;
– to object to processing of your personal data; and
– complain to a supervisory authority.
8.3 You also have rights with respect to automated decision-making and profiling as set out in section 11 below.
8.4 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
9. Links to other sites
9.1 Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our Website. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
11. Automated Decision-Making and Profiling
11.1 In the event that we use personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you have the right to challenge to such decisions under GDPR, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.
11.2 The right described in section 11.1 does not apply in the following circumstances:
a) the decision is necessary for the entry into, or performance of, a contract between the you and us;
b) the decision is authorised by law; or
c) you have given you explicit consent.
11.3 Where we use your personal data for profiling purposes, the following shall apply:
a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;
b) Appropriate mathematical or statistical procedures will be used;
c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and
d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.
12. Terms and Conditions
12.1 Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our Website.
13. Your Consent
14. Dispute Resolution