Please carefully read the Terms & Conditions before using Kick.lk.
Welcome to Kick.lk, commonly known as "we," "us," or "Kick" in this document. These terms and conditions govern your access to and use of Kick, as well as its connected sub-domains, websites, mobile application, services, and tools. We are an online marketplace. (the "Site"). You agree to abide by these terms and conditions by using the site and hereby accept them (together with any linked material contained there). (the "User Agreement").Your use of the Site constitutes your acceptance of this User Agreement, and your use of the Site constitutes your agreement to its terms. Please do not access, register with, or use this Site if you do not wish to be bound by the terms of this User Agreement. The company Kick.lk Ltd, owns and runs this website. Parts of these Terms and Conditions may be changed, modified, added, or removed at any time without previous notice by Kick.lk. If no further notification is given, changes become effective when they are posted on the website. For updates, please frequently review these Terms & Conditions. You are deemed to have accepted changes to the Terms and Conditions of Use if you keep using the Site after they have been posted.
2. CONDITIONS OF USE
A. YOUR ACCOUNT
We might ask you to register an account with us or give personal data to finish opening an account in order to use some of the platform's services. We reserve the right to invalidate the username and/or password at any time, for any reason, and without prior notice. We are not liable or responsible for any losses incurred as a result of, resulting from, connected with, or resulting from such request or invalidation.
You are in charge of protecting the privacy of your user name, password, account information, and any other private data associated to it. You acknowledge that you have this obligation to maintain the security of your account at all times and to take all reasonable precautions to prevent unauthorized use of your account. If you have any cause to suspect that someone else knows your password or if you feel it is now being used or going to be used in an unlawful manner, you should let us know right once. You agree and understand that any access to confidential data, information, or communications through the use of your account and password shall be regarded to have been made by you, or with your consent as the case may be. You accept that using the Site's services or accessing it in any way will bind you to its terms. (whether such access or use are authorized by you or not). You acknowledge that we are free to rely on, act upon, or hold you solely accountable for any such conduct as if it were carried out or sent by you, but that we are not required to. The use of or access to the Site through your account also binds you to us, and you undertake to fully indemnify us against any losses resulting from such use or access.
Please make sure the information you give us is accurate and complete at all times. By logging into your account online, you are required to update information about your account in real time. You must contact us through one of our customer care communication channels to let us know about any information changes for which you are unable to access Your Account on the Site. We will then be able to help you with these updates. At any time and without prior notice to you, we reserve the right to prohibit access to the Site, terminate accounts, remove, or edit content. We reserve the right to at any time and at our sole discretion request that you update your Personal Data or immediately invalidate your account and any associated information without prior warning or explanation. In neither case will we be held liable or responsible for any losses you may incur as a result of, in connection with, or as a result of such request or invalidation. By signing this agreement, you pledge to regularly update your password, keep your account private, and be accountable for any disclosure of or use of your username or password (whether of whether such use has been authorized or not).
Please read our Privacy Agreement, which also regulates how you use the Site. The Privacy Agreement, as well as any applicable laws and regulations, will govern how the personal information / data you supply to us or use on the Site is handled. Please avoid using the Site if you disagree to your information being transferred or used in the ways described in the Privacy Agreement.
C. PLATFORM FOR COMMUNICATION
You accept, agree, and agree that the Site is an online store where you can buy things at the quoted price whenever you want, from wherever you are, using the payment method of your choosing. You also agree and understand that we are merely acting as an intermediary and are unable to participate in or exert any kind of control over any transactions made through the Site or a payment gateway made accessible to you by a third-party service provider. The sale of products on our site will therefore be exclusively a two-way transaction between you and the vendors there, and the processing of payments will take place between you, the service provider, and, in the case of prepayments with electronic cards, your issuer bank. In light of this, the payment agreement on the Site shall only be a two-party agreement between you and the service provider as specified on our Site.
D. CONTINUED AVAILABILITY OF THE SITE
We shall do every effort to make sure that the Site is constantly accessible, uninterrupted, and error-free. This cannot be assured, though, because of how the Internet and the Site operate. Your access to the Site may also periodically be paused or limited to allow for servicing, cleaning, or the unannounced introduction of new facilities or services. The frequency and length of any such suspension or limitation will be kept to a minimum.
E. LICENSE TO ACCESS THE SITE
By using the Site, you must be at least 18 years old or be under the supervision of a parent or legal guardian in order to confirm that you are able to enter into legally binding agreements. In accordance with the terms and conditions outlined below, we hereby give you a non-transferable, revocable, and non-exclusive license to access and use the Site solely for your own personal shopping for goods and services that are advertised for sale on the Site. Unless as expressly authorized in advance by us, commercial use or usage on behalf of any third party is prohibited. If you are registering on behalf of a business entity, you guarantee that you are able to bind that entity to this User Agreement and that both you and the business entity will abide by all regulations governing online trade. No individual or business organization may register on the Site more than once. The license granted in this clause may be terminated immediately and without prior notice for any violation of these Terms and Conditions.
This website only makes informational content available. Product representations on this site, including prices, stock availability, features, add-ons, and other information, are the responsibility of the vendors who are showing them, and we can not guarantee that they are entirely correct. Contributions and opinions made on this website are those of the person(s) who posted them and may not represent our views.
We now offer you a limited license to access and make personal use of this Site. However, you are not permitted to download (other than for page caches) or change the Site in any way. This license forbids the following actions: selling or otherwise transferring this Site or its contents; collecting and using any product listings, descriptions, or prices; altering this Site or its contents; downloading or copying account information for the benefit of another seller; and using data mining, robots, or other tools for similar information gathering and extraction.
This Site or any part of it, including but not limited to any copyrighted content, trademarks, or other proprietary information, may not be replicated, duplicated, copied, sold, resold, visited, distributed, or otherwise used for any commercial purpose without our express written consent, as may be necessary.
Without our express written authorization, you may not frame or utilize framing methods to enclose any trademark, logo, or other private information, including images, text, page layout, or forms.
F. YOUR CONDUCT
You are not permitted to use the website in any way that interrupts, damages, or impairs in any way the Site or access to it. You must refrain from taking any actions that could endanger or threaten to endanger the Website, its officers, representatives, stakeholders, or any other parties who are either directly or indirectly connected to the Website or whose access to it may be disrupted, damaged, or compromised in any way. You are aware that the Site may only be used for legitimate reasons and that you alone, and not us, are entirely responsible for all electronic communications and information sent from your computer to us. You are not allowed to use the Site in any way
G. YOUR SUBMISSION
Any questions, reviews, comments, and suggestions (collectively, "Submissions") that you send to us or submit through the Site will become our full and exclusive property and won't be returned to you.You grant us the right to use your name in connection with any reviews, comments, or other content you post on the Site in addition to the rights applicable to any Submission when you post comments or reviews there. You may not give us or other parties misleading information about the origin of any Submissions by using a false e-mail address, posing as someone other than yourself, or in any other way. We may modify or remove any Contributions without warning or taking any other action that may be appropriate given the circumstances, but we are not bound to do so.
H. CLAIMS AGAINST OBJECTIONABLE CONTENT
It is not possible for us to be aware of the contents of every product listed for sale, or every remark or review that is displayed, despite the fact that we list thousands of products for sale supplied by several vendors on the Site and host numerous comments on listings. Hence, we run our business on a "claim, review, and takedown" premise. If you find any material that you consider to be unlawful, objectionable (including, but not limited to, sexually explicit material or material that encourages racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, or menacing; ethnically objectionable; disparaging; or otherwise harmful to third parties; or that If you discover any material that: threatens Sri Lanka's unity, integrity, security, or sovereignty; is offensive or otherwise unlawful in any way; comprises of or contains software viruses; or is otherwise objectionable or unlawful, please contact us at legal@Kick.com right away. We shall do every reasonable effort to look into and remove any legitimately objectionable content that has been reported within a fair amount of time.
Please be sure to include your name, address, phone number, and any other pertinent information regarding the claim, such as the name of the party that created the objectionable content, specific examples of the complaint, and supporting documentation. Please be aware that giving insufficient information will make your claim void and useless as a legal argument.
I. CLAIMS AGAINST INFRINGING CONTENT
We value other people's intellectual property. Please contact us at legal@Kick.com if you think your intellectual property rights have been utilized in a way that raises concerns about infringement. We will use all reasonable measures to resolve your issue within a fair amount of time. Please be sure to include your name, address, and contact information as well as all pertinent information about the alleged violation, such as the name of the offending party, examples of the violation, and supporting documentation. Please be aware that giving insufficient information will make your claim void and useless as a legal argument. Furthermore, giving incorrect or misleading information could constitute a crime that results in legal action.
We also recognize a manufacturer's ability to contract out exclusive resale or distribution rights for its goods. Therefore, breaking such agreements is not considered an infringement of intellectual property rights. It would not be acceptable for us to assist in the enforcement of such actions since the manufacturer, distributor, and/or relevant reseller are responsible for carrying out the enforcement of these agreements. While we are unable to give legal advice or divulge any private information that is protected by the law, we do advise that you direct any questions or concerns you may have about your rights to a legal expert.
Kick.lk, Kick, Kick Fashion, Kick Essentials, and other marks mentioned on our site are either trademarks or registered trademarks in the relevant jurisdictions (s). Our trademarks or trade dress include our graphics, logos, page headers, button icons, scripts, and service names. These elements may not be used in connection with any good or service that is not ours, in a way that is likely to confuse customers, or in any way that disparages or discredits us. The owners of all other trademarks that appear on this website, who may or may not be related to, associated to, or endorsed by us, are the rightful proprietors of such trademarks.
You understand and agree that utilizing the Site's services and transacting on it are done at your own risk, and that you should always use your best and most cautious judgment while doing so. We expressly disclaim all obligation and responsibility in this regard and agree that we shall not be held liable or responsible for any acts or omissions on the part of sellers or for any breach of the terms, representations, or guarantees made by the manufacturers of the items. Any problem or disagreement between you and the product's vendors or producers is not something we will mediate or settle.
In addition, we expressly disclaim any express or implied warranties or representations regarding the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed, displayed, or transacted, or the content (including product or pricing information and/or specifications) on the Site. Although we have taken steps to prevent content inaccuracies, this Site, its content, information (including product prices), software, products, services, and related graphics are provided "as is" and without any warranties of any kind. The sale or purchase of any products on the Site is not supported or endorsed by us in any way, either implicitly or expressly. The things that are sold or displayed on the site do not ever become our property, and neither does Kick have any obligations or liabilities related to any transactions made there.
Any actions or inactions of any other service provider listed on our website, including but not limited to payment providers, instalment plans, warranty services, and others, shall not be subject to our liability or responsibility.
You agree to defend and hold harmless Kick as owned by Blanko 22,UG (haftungsbeschrankt) & Co. KG, its subsidiaries, affiliates, and each of their respective officers, directors, agents, and staff from any claim or demand made by a third party or action brought against you as a result of your violation of any of the terms and conditions in this agreement or any document incorporated by reference, or your violation of any law, rule, regulation, or the terms of this agreement.
You specifically waive any claims or demands that you may have in this regard under any statute, contract, or other legal basis and expressly release Kick as owned by Blanko 22,UG (haftungsbeschrankt) & Co. KG and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions or inactions of the sellers or other service providers.
M. THIRD PARTY BUSINESSES
On the Site, businesses other than Kick and its affiliates may run storefronts, render services, or offer a variety of goods. Businesses and individuals, for instance, advertise things on Marketplace. We also offer links to the online presences of some other corporations and affiliates. We are not in charge of looking into or reviewing any of these firms' or people's' offers, much alone the information found on their websites. For any of these and other third parties' deeds, products, and material, we disclaim all duty and accountability. If a third party is engaged in your transactions, you can determine by carefully reading your transaction; in that case, we may share customer information with the third party. You should thoroughly read their privacy policies and any applicable terms and conditions.
N. COMMUNICATING WITH US
You are corresponding with us digitally when you use the Site or send us emails. In placing an order with us, you must give a working phone number. We may contact you by phone, text message, email, publishing notices on the Site, or any other means we deem appropriate. For contractual reasons, you agree to receive communications from us regarding your use of the website (and/or placement of your purchase), including transactional, promotional, and/or commercial messages, and you also agree to treat all forms of communication equally important.
We won't be held accountable for any commercial or individual losses (such as, but not limited to, lost profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditures) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us when you first started using the Site.
P. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to alter the Site, its rules, these terms and conditions, and any other condition or service promise that is prominently published at any time. Unless a change to those policies or these conditions is mandated by law or a government agency, you will be bound by the terms and conditions in effect at the time you used the site (in which case it will apply to orders previously placed by you). The legality and enforceability of the remaining conditions will not be affected if any of these terms are found to be invalid, void, or for any other reason unenforceable.
Q. EVENTS BEYOND OUR CONTROL
You accept and agree that we are a privately owned business with the right to carry out our operations as we see fit in order to accomplish our goals. You accept that even if you violate the terms outlined on our site and we choose not to take any action, we are still within our rights to use these terms in future circumstances.
We may, in addition to any other legal or equitable remedies, immediately terminate the Terms and Conditions or withdraw some or all of the rights that have been given to you under the Terms and Conditions without giving you prior notice. If this Agreement is terminated, you must stop using and accessing the Site immediately, and we will, in addition to any other legal or equitable remedies, promptly revoke any passwords and account identifications we may have given you and prevent you from using the Site entirely. Any termination of this Agreement shall not impact the respective rights and obligations of the Parties arising prior to the termination date, including without limitation, payment obligations. You further acknowledge that any such suspension or termination will not subject the Site to any liability to you or anyone else. Your sole and only remedy if you are unhappy with the Site or any of its terms, conditions, rules, policies, guidelines, or operating procedures is to stop using the Site.
T. GOVERNING LAW AND JURISDICTION
The laws of The People's Republic of Sri Lanka govern these terms and conditions, and those laws will be followed in interpreting them. You and we both agree to submit to the sole jurisdiction of the Sri Lankan courts.
U. CONTACT US
You may reach us here
V. OUR SOFTWARE
Any software that we occasionally make available to you for use in connection with the Site is considered our software, along with any updates or upgrades to the program and any accompanying documentation (the "Software").
The use of this service is subject to the terms and conditions of the respective service provider, which are available on the service provider's website. You cannot combine any part of the software with your own programs, sell, rent, lease, lend, loan, distribute, or sublicense the software, or in any other way assign any rights to the software, in whole or in part. You also cannot transfer the software for use with another service. The Software may not be used for any unlawful activity. Your permission to use the Software and our services may both be revoked at any time. If you don't abide by any of the terms and conditions stated here or elsewhere on the Site, your permission to use the Software will end immediately and without prior notification from us. The use of such software will be governed, in the case of a disagreement with these Terms and Conditions, by any additional third party conditions incorporated within the Site or supplied as such and expressly specified in accompanying documentation. The laws of Sri Lanka, including but not limited to any other applicable copyright laws, protect all software used in any of our services as being the property of us, our affiliates, or its software suppliers.
You are not permitted to copy, modify, reverse engineer, decompile, or otherwise tamper with our software, in whole or in part, or to make any derivative works from or of the Software, and you agree not to encourage, help, or authorize anyone else to do so.
We may provide automatic or manual upgrades to the Software at any time and without prior notification to you in order to maintain it current.
3. CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
Before placing an order for any products from the Sellers ("We," "Our," or "Us," as appropriate) on the Site, please carefully read these terms. Your acceptance of these terms indicates that you agree to be bound by them.
A. CONDITIONS RELATED TO SALE OF THE PRODUCT OR SERVICE
Conditions pertaining to the purchase of goods or services from the Site are covered in this section.
B. THE CONTRACT
Your purchase of the good or service listed on our website is legally offered to the vendor by your order. Any confirmations or status updates you receive after placing an order to buy a product are solely to verify the information you supplied about the order and in no way imply that the order has been confirmed. When the product is sent to you, your order is deemed to have been accepted. You can get multiple dispatch confirmations if your order is shipped in several packages. When you place an order, we give you a rough idea of how long it will take to complete it. But, we can't always guarantee that this estimate will be accurate because we rely on outside service providers to uphold our pledge. We promise to do all in our power to keep the indicative timeline on track. You and the sellers are the only parties to the offer and agreement of any commercial or contractual terms. The pricing, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties connected to products and services, and after-sale services associated to products and services are only a few examples of the commercial/contractual terms. Kick has no influence over, doesn't choose, doesn't counsel, doesn't become involved in any way in the offering or acceptance of these commercial or contractual terms between you and the Sellers. Prior to shipping, the seller has the right to revoke any order at its sole discretion. We shall see to it that you are promptly notified of such cancellation via email or SMS. In the event of such cancellation(s), any prepayments will be returned to you within the time frames outlined here.
C. THE CONTRACT
Your purchase of the good or service listed on our website is legally offered to the vendor by your order. Any confirmations or status updates you receive after placing an order to buy a product are solely to verify the information you supplied about the order and in no way imply that the order has been confirmed. When the product is sent to you, your order is deemed to have been accepted. You can get multiple dispatch confirmations if your order is shipped in several packages.
When you place an order, we give you a rough idea of how long it will take to complete it. But, we can't always guarantee that this estimate will be accurate because we rely on outside service providers to uphold our pledge. We promise to do all in our power to keep the indicative timeline on track. You and the sellers alone are offering and agreeing to all commercial/contractual conditions. The pricing, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties connected to products and services, and after-sale services associated to products and services are only a few examples of the commercial/contractual terms. Kick has no influence over, doesn't choose, doesn't counsel, doesn't become involved in any way in the offering or acceptance of these commercial or contractual terms between you and the Sellers. Prior to shipping, the seller has the right to revoke any order at its sole discretion. We shall see to it that you are promptly notified of such cancellation via email or SMS. In the event of such cancellation(s), any prepayments will be returned to you within the time frames outlined here.
You certify that the item(s) or service(s) you ordered are for internal or personal use alone and not for external or commercial resale. You grant us permission to declare on your behalf the aforementioned reason for your orders on the Site, and to provide that declaration to any governmental authority. If the amounts in an order are greater than what a single person would typically consume, the Seller or the Website may cancel it. This is true regardless of how many items are ordered in a single order as well as when multiple orders are placed for the same item and the combined quantity of the orders exceeds the average amount consumed by an individual. The typical person's consumption amount restriction will depend on a number of variables, be determined solely at the Seller's or our discretion, and may differ from person to person.
Before the item is sent to you, you can cancel your order at any moment without incurring any fees. Please be aware that we only offer products in quantities that are appropriate for the basic requirements of a typical household. This is true regardless of how many items are ordered in a single order or how many orders are placed for the same item when each order contains an amount that is average for a typical household.
For further information, please consult our Returns Policy.
E. PRICING, AVAILABILITY AND ORDER PROCESSING
The merchant who is selling the good or service posts the prices on the website in rupees and with GST included. The most recent price listed on an item's product detail page will always be reflected for that item in your shopping cart. Please be aware that this price can be different from the one displayed when you first added the item to your cart. The price displayed at the time is not reserved when you add an item to your cart. Also, a product's price could go down between the time you add it to your cart and when you actually buy it.
For any products sold by any seller on our website or on other websites, we do not provide price matching.
Although we make every effort to give our users the most accurate pricing information possible on the Site, mistakes can nevertheless happen, such as when an item's price is incorrectly posted there. Thus, we have the right to reject or revoke any order. In the case that an item is mispriced, we reserve the right to either get in touch with you to get instructions or to cancel your order and let you know about it. Regardless of whether the order has been confirmed and your prepayment has been handled, we reserve the right to refuse or cancel any such orders. Our return rules will be in effect if such a cancellation affects your prepay order.
On each product information page as well as elsewhere on the site, we provide availability details for products that are mentioned. We cannot be more detailed about availability than what is stated on that page or elsewhere on the Site. The dispatch estimates are simply that—estimates. These should not be taken as assured shipment times because they are not. If any of the products you ordered turn out to be out of stock as we process your order, you will be notified by email or text message.
Please be aware that occasionally orders cannot be processed for a number of reasons. Every order may be rejected or canceled by the Site at any time, for any reason. Before we approve the order, you could be asked for more proof or details, such as your phone number and address but not alone.
We reserve the right to validate your payment information before sending you the product and to double-check any personal data you supplied with us in order to prevent credit card or debit card fraud. A check of an individual's identification, residence, or banking information may be used as part of this verification. If such a question is not answered, the order will be automatically canceled within a reasonable amount of time. Without previous warning or further legal repercussions, we have the right to cancel an order directly if we believe there is a risk of fraudulent use of banking instruments or for any other reason.
• The following products are not eligible for promotional voucher use:
o Baby Nutrition
o Xiaomi Smartphones
F. RESELLING KICK PRODUCTS
Reselling Kick items for business purpose is absolutely forbidden. If any unauthorized staff is detected conducting the above act, legal action may be taken against him/her.
You agree to pay all fees, costs, and charges related to purchasing products from the Site, as well as any and all applicable taxes under the current legal framework.
H. REPRESENTATIONS AND WARRANTIES
When goods or services are sold by third parties through the Site, we do not represent or guarantee any particulars (such as the caliber, worth, marketability, etc.) of the goods or services listed to be sold there. The sale or purchase of any goods or services on the Site is not supported or endorsed by us either implicitly or explicitly. We disclaim all responsibility for any errors or omissions, whether on our own behalf or that of others.
Any non-performance or breach of any agreement made between you and the sellers is not our responsibility. We are unable to and do not guarantee the sellers' or your conduct as they complete transactions on the Site. Any problem or disagreement resulting from transactions on our site is not subject to our obligation to mediate or settle it.
We never acquire ownership of or have any claims to the goods or services offered by a seller during any transaction that you enter into with a third party on our site. Thus, we have no obligations or liabilities with respect to such contract(s) that you and the vendor have entered into (s). Inadequate or delayed service delivery, as well as damages or delays brought on by out-of-stock, unavailable, or backordered goods, are not our responsibility.
,p>You agree that under such circumstances, the seller or the Site may cancel your order without prior notice or any liability arising as a result. Pricing on any product(s) or related information as reflected on the Site may be incorrect as published due to some technical issue, typographical error, or other reason. Prepayments for these orders will be reimbursed to you in accordance with our stated refund policy.