Terms & Conditions

Promoting Creativity in second hand fashion

b.kinda clothing is managed by it's trading body, St Luke's Hospice Ventures Ltd (SLH), a company registered in England and Wales under registration number 1786925: VAT Registration No. 108 2418 38 (''b.kinda'', ''we'', ''us'', or ''our''). All profits from b.kinda clothing go to St Luke's Hospice Plymouth.

b.kinda is a fashion retailer of preloved goods that blends styling and unique products to deliver an easy, enjoyable, value-for-money personalised shopping experience. We offer a service that gives you access to clothing (“Products”) that have been donated to our charity shops.

Any use of Services (as defined below) from b.kinda, including your use of our website at www.bkinda.co.uk (the “Site”) shall be governed by the following Terms of Use and Terms of Sale (these “Terms”). These Terms do not affect your statutory rights as a consumer.

For the purposes of these Terms “b.kinda”, “we”, “our” or “us” refers to b.kinda, its successors, assigns and affiliates. When we use the words “writing” or “written”, this includes email.

If you have any questions or complaints about the Services, Products or these Terms, you can contact us at hello@bkinda.co.uk

1. Customer Obligations

Please read these Terms carefully. By using the Site, creating an Account, or submitting an order for a shipment of Products (collectively the “Services”) or otherwise indicating your assent to these Terms, you confirm that:

you are aged 16 or over;

; your delivery address is in the UK or Northern Ireland

you have read, understand, and agree to these Terms; and

you have the authority to enter into the Terms.

If you do not wish to be bound by these Terms, you may not access or use the Services.

The Site is intended for use only by those who can access it from within the UK and Northern Ireland. If you choose to access the Site or the App from locations outside the UK or Northern Ireland, you are responsible for compliance with local laws where they are applicable. We do not ship outside the UK or Northern Ireland at present.

2. Changes to these Terms

We may need to amend these Terms from time to time to reflect changes to our Products, Services, users' needs, or business priorities. For existing users of the Services, we will give you thirty (30) calendar days' notice of any changes to our Terms by posting the new Terms here and updating the “Last Updated” date below. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account (as defined below). You are responsible for providing us with your current email address, which you may do when you create an Account, and you may update it by modifying the information when logged into your Account.

If you use the Services during the notice period the changes will not apply. After the notice period has expired, if you do not agree to the changes you may not access the Site or use the Services. Continued use of the Site or the Services, including purchasing Products from us, will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

For new users of the Services, changes will be effective immediately. Please regularly check to view the then-current Terms.

3. Types of Users

You may simply browse the Site as a visitor or you may create a profile (“Account”) to become a customer (“Customer”). You can checkout as an account holder, or as a guest.

4. Accounts

To become a Customer and to create an Account, you must provide your name, email address, other registration information, and select a password (“Account Information”).

If you create an Account you agree that you are solely responsible for:

the accuracy of the Account Information;

all costs and expenses you may incur in relation to your use of the Services; and

keeping your Account Information confidential.

Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

You should not share your Account Information with any third parties. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. You may not use anyone else‘s Account at any time without the permission of the Account holder. You agree not to register for more than one Account, register for an Account on behalf of someone else without that individual‘s authorisation, or register for an Account on behalf of any group or entity. We have the right to preserve the security of the Services and your Account, including changing your password, requesting additional information to authorise transactions on your Account or disabling your Account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your Account Information, you must promptly notify us at hello@bkinda.co.uk

5. Orders, Scheduling and Delivery

Ordering. If for any reason we decline your request, we will attempt to notify you at the email address on your Account and will not charge. We may not be able to accept your request because of unexpected limits on our resources and stock which we could not reasonably plan for, because we are unable to meet a delivery deadline you have specified, your billing information is not correct or not verified, you are under 18 years of age, you are not a consumer, or your request is flagged by our security systems as unusual or susceptible to fraud.

Data check. When you send us an order, our payment processing provider or a third party service provider may run some checks on it before we accept it. These checks may include verifying your address and checking for potential fraud.

Delivery. The Products will be delivered to the address you have specified in your Order. We do not ship to an address outside of the United Kingdom or Northern Ireland.

If no one is available at your address to take delivery, our shipping provider will either contact you informing you how to rearrange delivery or will leave you a note with this information. If you do not rearrange delivery we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery we may end the contract.

Upon delivery, please inspect the packaging for damage. If it appears that the Products are damaged as a result of the box being damaged, please notify us at hello@bkinda.co.uk

Responsibility for the Products and ownership. You will be responsible for the Products from the time that you receive them. We remain the owners of the Products until we have received full payment for the Products, at which point you will own those Products. 

6. Payments

When we confirm your order, we will charge the Fee to the payment details submitted in your Account. We accept major debit and credit cards, such as Visa, Mastercard and American Express. We do not accept any other method of payment unless expressly specified on the check-out page. If the rate of VAT changes between when you place your order and when you pay, the rate of VAT applicable at the date of payment shall apply.

By submitting your payment details to your Account, you authorise us to charge your card or other payment method in accordance with these Terms.

Payment authorisation. You must have all necessary authorisations to make a payment. We will not be liable in the event your children or someone acting with or without your permission makes an order using your Account; however, you may report any unauthorised use to us, and we will use reasonable measures within our control to help prevent future unauthorised use of your Account.

7. Refunds

Returning Products after purchase. We do not accept returns unless under exceptional circumstances. All returned Products must be in the original condition when sent to you. We take every care to ensure that this is as good as possible and have a team of fashion pickers ensuring that everything is thoroughly checked. Every care is taken by our b.kinda fashion pickers to select clothing that is as damage free as possible. However, light damage may appear in some of the vintage clothing but they will make sure there are no missing buttons, stains, rips or holes (that aren’t designed to be there!) The clothes are steamed before being carefully packed in your box and sent off to be re-loved by you.

If there are problems that you would like to report then please contact us hello@bkinda.co.uk

8. Access to the Services

Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various ”open-source” or ”public-source” software licences (such as the GNU General Public Licence, the GNU Lesser General Public Licence, the Apache Licence, the Berkeley Software Distribution Licence, and the MIT Licence) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licences. You agree to comply with the terms and conditions of such open-source software licence agreements.

9. Ownership of Intellectual Property

You understand and acknowledge that the software, code, and our proprietary methods and systems used to provide the Services (our “Technology”), in the Site, and in the materials, information and content made available or published on them are owned by or licensed to us. All such rights are reserved. Intellectual property rights means rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

Nothing in these Terms grants you any legal rights in our Technology nor in the Site other than as necessary to enable you to access the Services. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within our Technology.

You may print off one copy, and may download extracts of any page(s) from the Site only to the extent this is necessary for the purpose of placing an order with us, or for using the Site as a shopping resource. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

b.kinda’s status as the owner, or licensee, of content on the Services must always be acknowledged. You must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from b.kinda or (if applicable) our licensors. If you print off, copy or download any part of the Site in breach of these general conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

10. Content Guidelines

Please use good taste in any and all content, including text, links, images, and videos, you post (“Your Content”) to our Services, in our forums, comments to our blog, or on any other page or website related to b.kinda. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against you or Your Content in our sole discretion if you violate the guidelines below or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities.

You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.

We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us.

You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable licence to licence, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.

11. General Rules of User Conduct

We do not guarantee that our Site will be secure or free from software bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

You agree not to: (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another‘s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorised or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of our technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against our technology.

12. Right to Suspend

We do not guarantee that our Services, or any content on our Site, will always be available or be uninterrupted. B.kinda reserves the right, in its discretion, to suspend, withdraw or restrict access to your Account, your use of the Services or suspend or cancel the sending of clothing at any time at our discretion including, as necessary to protect the security or operation of the Services. We will try to give you reasonable notice of any suspension or withdrawal.

13. Feedback

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

14. Modifications to the Services

We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

15. Privacy

We have created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy and cookies policy link here to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our Services.

16. Third Party Content and Other Websites

Content from and links to other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

17. Disclaimer of Warranties

You expressly agree that your use of the Site, Services, and Products purchased through the Services is at your sole risk. We make no warranty that the Products, Site, or Services will meet your requirements, or that the Site will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, Services, or Site, or that defects in the Products, Services, or Site will be corrected.

Even though we have created the Services with care, the information, texts, documents, graphics and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Services, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any content on it, or on any website linked to it, or (except as otherwise expressly stated in these Terms) any incorrectness, or incompleteness of the Services. Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can‘t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.

18. Liability

If we fail to comply with these general conditions, we shall be responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable skill and care, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or if, at the time the contract was made, both we and you knew it might happen.

We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the

We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit (direct or indirect), loss of business, business interruption, or loss of business opportunity.

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, lock-outs or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

19. Other Important Terms

Rights of Third Parties. No one other than a party to these Terms has any right to enforce any of these Terms.

Severance. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Transfer. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these general conditions. You may only transfer your rights or your obligations under these general conditions to another person if we agree in writing.

Waiver. If we fail to insist that you perform any of your obligations under these general conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Disputes. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with our Products, the Services or any other matter please contact us as soon as possible. If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you.

Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of England. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Last Updated: Thursday 23rd June 2022