KROME KEYCAPS LTD TERMS OF SERVICE

WHO WE ARE

At Krome Keycaps, we are a UK seller of custom variety keycaps and also a creator of our own unique designs. We sell a wide variety of custom keycaps alongside our own custom in-house designs, for the purchase and enjoyment of our keycap customers.

For those wanting a personal touch, we offer a bespoke “Design Your Own” service which allows customers to send us their required images, fonts and designs for us to work our magic and create the customer’s unique keycap set.

We have worked to simplify our legal terms and conditions, to help make them understandable to every customer and ensure the required protection is in place for everyone to safely enjoy our services.

THE LEGAL STUFF – “TERMS & CONDITIONS”

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE. YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IS CONFIRMED BY USING OUR SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.

This website is operated and maintained by Krome Keycaps Ltd (Company No. 13645668). Throughout the site, the terms “we”, “us” and “our” refer to Krome Keycaps Ltd. This website, along with all information, tools and services available from this site to you, the user, on the basis of acceptance of all terms, conditions, polices and notices stated here.

We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and / or changes to our website. It is your responsibility to check this page for changes and before using any service offered by us. Your continued use of or access to our website following the implementation of any changes constitutes an acceptance of those changes.

You can review the most current version of our Terms & Conditions on this page.

SECTION 1 - INTERPRETATION & DEFINITIONS

DYO – refers to the bespoke 'Design Your Own Keycaps' service we offer alongside any product that has been customized or personalized to your specific requirements.

      For example;

Any 'Additional Text' that has been added to any part of the keycap Set. A keycap set that has been designed and created through the 'Design Your Own Keycaps' part of the website. 

Data Protection– the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications)

Intellectual Property Rights– patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Material– all documents, information, items and media in any form, whether it is images, fonts, designs, photographs or graphics, that you provide connection with the Services, such as any material provided to us to process a DYO order.

Product– any product listed on our website for purchase or DYO

Services– includes the provision, sale and / or purchase of any Product listed on our website and includes and Products purchased through our DYO service. Please see below for further Terms & Conditions on the DYO Services.

You– the customer, purchaser of products and / or user of our website and Services.

Section 2 - General ConditionsWe reserve the right to refuse our Services to anyone for any reason at any time.You agree not to reproduce, copy, duplicate, sell, resell or exploit our Services (whole or in part) without express written permission by us.Any headings or titles used in our Terms & Conditions are used for your convenience and understanding and will not otherwise limit or affect these Terms & Conditions.

Section 3 - Online Store Purchasing Terms

By agreeing to our Terms & Conditions, you warrant that you are at least the required age of your country or province of residence to legally use our Services, or that you are of the required age of your country or province of residence and have given us your consent to allow any of your minor dependents to use our Services.You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in the jurisdiction of your country of residence (including but not limited to Intellectual Property).A breach or violation of our Terms & Conditions will result in an immediate termination of your access to our Services.

Section 4 - Accuracy, Completeness and Contemporaneity of Information

We are not liable if any information made available on our website is not accurate, complete or current. Whilst we will undertake our best efforts to keep all information accurate and current, any material provided on our website is for general use only and should not be relied upon as a sole basis for making decisions. Any reliance on the material on this site is at your own risk. If you have any concerns then we would ask you to contact us immediately.We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our site, other than permitted by law.You agree that it is your responsibility to monitor any changes to information provided on our website.

Section 5 - Products & Services

Certain Products and / or Services may be available for an exclusive period and availability cannot be guaranteed. We will undertake our best efforts to keep any indications of remaining Product stock current and accurate.Our Products are subject to return or exchange in accordance with our Return Policy[Refund Policy]We have made our best efforts to display the colours and images of Products on our website as accurately as possible. We cannot guarantee that the images displayed by your computer monitor or device screen will display these colours accurately.We reserve the right and may at any time limit the sales of a particular Product or Service to any person, company, geographic region or jurisdiction. We may exercise this right as business needs permit.We reserve the right to limit the quantities of any Products or Services that we offer.All descriptions of Products are subject to change at any time without notice, at our sole discretion.Any offer for any Products or Service made on our website is void where prohibited.We do not warrant that the quality of any Products, Services, information or other material purchased or obtained by you will meet your expectations, beyond the statutory requirements.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 6 - Design Your Own Keycaps

You retain ownership of all intellectual property rights in the Material you provide to us for the purposes of creating DYO custom design keycaps.By submitting a DYO request and providing us with your Material, you grant to us a worldwide, royalty-free, nonexclusive, assignable license, with right of sub license, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute the Products (which was made using your Materials) and content in any format or medium now known or later developed for the purpose of promoting our Products and Services.You also grant to us the permission to watermark / add our logo to any Products created through the DYO Service.You also grant us the right to showcase any Products combined with your Material for portfolio and promotional purposes.You warrant that by providing us with your Materials for the purposes of creating a Product through the DYO Service and in line with these Terms & Conditions, use of those Materials shall not infringe the rights, including any Intellectual Property Rights, of any third party.You agree to indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred or paid by us arising out of or in connection with any claim brought against us, for actual or alleged infringement of a third party's Intellectual Property Rights, arising out of, or in connection with, the receipt or use in the performance of these Terms & Conditions of the Materials and Services.Our returns policy is waived in respect of DYO Products unless the Product(s) have been damaged in transit.

For example;

Any 'Additional Text' that has been added to any part of the keycap Set. A keycap set that has been designed and created through the 'Design Your Own Keycaps' part of the website. 

This is due to the nature of the product becoming unsaleable to other customers once it has been customized/personalized.         

Section 7 - Modifications to Our Services, Products & Prices

The pricing of our Services and Products are subject to change without notice.We reserve the right at any time to modify or discontinue our Services and / or Products (or any part thereof) without notice at any time.We shall not be liable to you or any third-party in respect of any modification, discontinuance or price change in respect of our Services and Products.

Section 8 - Billing & Payment Information

You agree to provide full, frank and current account information for all purchases made in respect of our Products and Services.We reserve the right to refuse any order you place with us. We may exercise our sole discretion to limit and / or cancel any Product or Service orders per person, per billing address or per order.These restrictions may also apply to orders placed by or under the same customer account, credit card or other payment card.In the event that we are required to cancel or change your order, we may attempt to contact you via the details provided by you, in order to notify you of the specific cancellation or change.We reserve the right to restrict and prohibit any orders which appear to me placed by any form of distributor or reseller. In the event of any change to your account details and / or billing address, you agree to provide us with the updated information, so far as to allow us to process any pending orders or refunds accordingly.For more detail please see our [Refund Policy]

Section 9 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Section 10 - Third Party Links & Services

Our website and Services may contain links to third-party web sites or services that are not owned or controlled by us (such as Instagram, Facebook and Tiktok).We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party websites or services.We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites.We strongly advise you review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 11 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here:[Privacy Policy]

Section 12 - Termination

Further to what is stipulated above, we may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.Upon termination, your right to use or purchase our Products and / or Services will cease immediately.

Section 13 - Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use our Services or Website, third-party software and/or third-party hardware used with our Services or Website , or otherwise in connection with any provision of these Terms & Conditions), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.Some jurisdictions and territories do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Section 14 - "AS IS" and "AS AVAILABLE" Disclaimer

The Services and our Products are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to our Services and Products, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Services and Products will meet Your requirements, achieve any intended results, be compatible or work with any particular device, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.Without limiting the foregoing, we do not make any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Services or Products, or the information, content, and materials or products included therein;

(ii) that the Services, Products and out website will be uninterrupted or error-free;

(iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or

(iv) that our website, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Section 15 - Governing Law

The laws of England and Wales, excluding its conflicts of law rules, shall govern these Terms & Conditions and your use of our Services. You agree to submit to the exclusive jurisdiction of England & Wales should any dispute arise in connection with these Terms & Conditions or your use of our Services.

Section 15 - Dispute Resolution

If you have any concern or dispute in relation to our Services, you agree to first try to resolve the dispute informally by contacting us on the details below where we will use our best effort to achieve a resolution.

Section 16 - Indemnification

You agree to indemnify, defend and hold harmless us and our directors, employees and affiliates from any claim or demand, including legal fees, made by any third-party due to or arising out of your breach of these Terms and Conditions, or your violation of any law or the rights of a third-party.

Section 17 - Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Section 18 - Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Section 19 - Entire Agreement

The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.These Terms and Conditions and our policies on our website constitutes the entire agreement and understanding between you and us to govern your use of our Services, taking precedent over any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including but not limited to previous versions of these Terms and Conditions).

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@kromekeycaps.com

By contact through our website: [Contact Us]

Krome Keycaps Ltd

20-22 Wenlock Road, London, N1 7GU, United Kingdom