Terms and Conditions

Last Updated: November 20, 2025

Use of the website operated by Kith London Limited (collectively, “KITH,” “we,” “us,” “our”) with the home page located at www.uk.kith.com, any related apps that KITH may provide, together with all products and services KITH may offer from time to time via KITH’s website and/or related apps, KITH’s related social media sites and pages (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with KITH (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions stated herein, including without limitation, the SMS Terms set forth in Annex A, which are incorporated herein (collectively, the “Terms and Conditions”).

Your use of the Services through Apple iOS mobile application software is subject to the additional terms set forth in Annex B, which are incorporated herein.

By your use of the Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to give KITH rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18. If you are under the age of 18, you may only use the Services with the involvement and consent of a parent or guardian.

KITH reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any lawful reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your orders, among other consequences. This right will be exercised in compliance with all applicable UK laws.

THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ORDER OR ATTEMPTED ORDER WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY SUCH ORDER, TO REFUSE TO ACCEPT ANY RETURNS OR OFFER REFUNDS, AND/OR TO CHARGE RESTOCKING FEES.

 

Modifications to These Terms and Conditions

KITH reserves the right, at any time, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. The date of the most recent update will be displayed at the top of this page. We suggest that you check these Terms and Conditions periodically for changes. Where a change materially affects your rights or obligations, we will use reasonable efforts to notify you directly, such as by email or a notice on the Services. Changes will not apply retroactively to orders or transactions already placed.


Your Privacy

We process your personal data in accordance with UK data protection laws, including the UK General Data Protection Regulation and Data Protection Act 2018.To understand how we collect, use and safeguard the information you may provide to us via the Services, including personal information, please review KITH’s Privacy Statement.


Your Account

If you create an account on the Services, you are responsible for maintaining the confidentiality of your account information and password, and for protecting and restricting access to such information. You should immediately notify us if you believe your account has been compromised. You understand and agree that you are responsible for all activities that occur using your account or password, whether or not you authorized such activity, except where such activities occur without your negligence. 


Product Descriptions

KITH endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the “Disclaimers” section below, KITH does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. KITH reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.


Pricing and Payment

The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in British pounds (GBP) for UK customers. Prices and availability information are subject to change without notice. Prices are inclusive of VAT, however delivery costs are separate and you agree to pay upon ordering.

Payment options such as Paypal or Apple Pay may be disabled for certain high traffic releases to ensure that inventory integrity can be maintained and to prevent fraudulent transactions.


Marketing Communications

We may send you marketing communications about our products and Services if you have given consent or where we have a legitimate interest to do so. You can opt out of marketing communications at any time using the unsubscribe link in any email or by contacting our Customer Service team. If you sign up for SMS marketing (detailed in Annex A), you consent to receiving promotional messages. You can opt out at any time by clicking the unsubscribe link included in each SMS message, as described in our SMS terms (detailed in Annex A).


Order Acceptance

All orders placed by you are subject to acceptance by KITH and all items are subject to availability.

Acknowledgement of your order means that KITH has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. KITH may in its discretion require additional verification or information before accepting any order. A contract between you and KITH will only be formed when we send you a confirmation email that your order has been accepted and dispatched.

KITH reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order in cases where it is abnormal, abusive or contrary to the provisions of the Terms and Conditions. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse. If we are unable to accept your order, we will notify you as soon as possible and provide a full refund if payment has already been taken.

KITH will verify the availability and price of an item before it is shipped. If an item's correct price is lower than the stated price, KITH will charge the lower amount and ship you the item. If an item's correct price is higher than the stated price, if the item is no longer available, or if KITH determines that there were inaccuracies in the product information, KITH may cancel your order and notify you of such cancellation via email.

Limited Release - Purchase Limitation

In an effort to allow fairness for all customers, limited and/or special releases products will be restricted to (1) unit per customer. Please note that multiple orders submitted under the same address will be canceled. Abusive behavior will not be tolerated. Should this pattern continue, your account may be subject to review, and possible banishment, by our Fraud Analysis team. Please feel free to reach out to our Customer Service team if you feel as though your order was cancelled in error.


Risk of Loss

For UK customers, risk of loss or damage to goods passes to you when the goods are physically delivered to you, or to someone you have nominated to receive them.  This occurs when you, or your nominee, takes physical possession of the goods. If you are not available to receive delivery, risk passes when the goods are delivered to the address you provided, provided our delivery partner has made reasonable attempts to deliver and followed standard delivery procedures. If your order is lost or damaged in transit, please contact us and we will arrange for a replacement or refund as appropriate. You are not required to file claims with the shipping carrier.


Shipping and Returns/Exchanges

Shipping. Once an order is placed it cannot be canceled. Once the order is received, you can send the item back by following the instructions here.

For orders, please allow at least 3-5 business days for order processing and verification. 

To protect our customers, KITH is unable to change/intercept the shipping address of a package to alter its delivery, and KITH will only ship to the address provided at checkout, which must match the billing address. However, you can schedule a pick up at a UPS location or reschedule a delivery date via the UPS My Choice service.

Due to our Fraud Protection Policy, all online orders are required to have identical billing and shipping addresses. To minimize any fraudulent transactions, any orders with different shipping and billing addresses will not be processed.

We are unable to combine shipping on multiple orders.

Returns. We offer a 14-day window from the order-received date to let us know if you’d like to initiate a return. Once we are notified, we offer an additional 14-day window to send your item(s) back to us for a refund to your original payment method. Returns that exceed the 14-day window following your withdrawal notice will no longer be eligible for a refund. Exclusions apply. The product must be returned in new condition, never worn, with its original label and packaging. If these conditions are not met, the refund will be refused. The return shipping cost, which may vary, will be deducted from the refund total.

Lost or Stolen Package

As noted above, KITH is not responsible for any lost or stolen shipments once they have been dispatched. However, if your package does not arrive, please contact uk.customerservice@kith.com to initiate an investigation or a claim


Lost/Non-Issued Original Packaging Contents

KITH endeavours to ensure that all products are supplied as described and in accordance with your statutory rights. Please note that certain accessories within a footwear product, such as but not limited to: spare shoelaces, original tissue paper, hangtags, deubré, shoe trees/horns, etc are provided by the original manufacturer. KITH is not responsible for issues relating to original footwear boxes delivered with slight and/or significant imperfections. We do not provide any form of reimbursement for this matter. Should your purchase not contain such item(s), please contact the manufacturer of the footwear product for further support on your query.


Right of withdrawal/Return/Exchange Policy

The customer benefits from a legal right of retraction that can be exercised within 14 days of receipt of the goods, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To notify us of this decision, the customer can use the return form available https://uk.kith.com/pages/returns. This form must be sent to KITH before the end of the 14-day period. The product must then be returned to KITH within 14 days of sending your cancellation. The customer is responsible for the cost of returning the goods, unless the goods are faulty or not as described. The right of withdrawal cannot be exercised for orders relating to (i) the supply of goods made to the customer's specifications or clearly personalized and (ii) the supply of sealed goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

IN ADDITION, IF WE REASONABLY DETERMINE THAT A PURCHASED PRODUCT THAT MIGHT OTHERWISE BE ELIGIBLE FOR RETURN WAS ORDERED THROUGH THE FRAUDULENT USE OF A ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO REFUSE ANY SUCH RETURN, TO REFUSE TO OFFER ANY REFUND, AND/OR TO CHARGE A RESTOCKING FEE.

Any footwear returned must be returned with the original box. PLEASE NOTE THAT RETURNS OR EXCHANGES WITHOUT PROPER DOCUMENTATION, PACKAGING, AND/OR MATERIALS CANNOT BE ACCOMMODATED. KITH reserves the right to charge a restocking fee for returns in violation of these Terms and Conditions, including items returned damaged or missing packaging or documentation, or for items that we reasonably determine were ordered through use of a robot or other automatic device or software.

Any KITH product that is delivered defective may be sent back to our store for a full refund or replacement if the product is available. For any factory flaws (i.e. broken strap, torn heel tab or loose stitching after a few wears) please contact us as soon as possible. KITH does not accept any worn or damaged products, unless the item was faulty, as returns, in which case we will assist you in resolving the issue in accordance with applicable rights. For eligible returns, customers may choose to receive a refund to their original payment method, or be granted an online gift card equal to the amount paid for the item(s) returned. A shipping label will be generated upon request of a return or exchange. The online store credit is not transferable to our brick and mortar KITH locations.


License for Personal Use

Subject to these Terms and Conditions, you are hereby granted a personal, non-exclusive, revocable, non-transferrable license to use the Services and view the content, functionality, software, information, data, products, and materials contained, described, referenced, or available on the Services (collectively, “Materials”) for your personal and non-commercial purposes. Any commercial use of the Services or Materials is strictly prohibited without the prior written consent of KITH. All intellectual property rights, including but not limited to copyrights, trademarks, database rights, patents, design rights and trade secrets, in the Services and Materials are owned by KITH or its licensors. Neither title nor intellectual property rights are transferred to you, but remain with KITH, who, along with its licensors, is the exclusive owner of all rights, title and interest therein. Except as otherwise expressly provided, all rights are reserved to KITH.

In connection with this license, you may download Materials solely for your personal and non-commercial use, provided that you do not modify or alter the Materials in any way, nor delete, obscure, or change any copyright, trademark, or other intellectual property notice therein.

You may include a link to the KITH website on one or more other websites operated by you, provided such websites link to the home page (https://kith.com/) only and you are not linking from any site or service that violates any of the below “Restrictions on Use” or that is or contains Malicious Code (as defined below) and/or content that is disparaging, abusive, harassing, illegal, discriminatory, fraudulent, or violates the intellectual property, privacy, or other rights of KITH or any person or entity. Linking to other content within the Services is prohibited without KITH's prior express written consent. This limited license expressly prohibits the framing of KITH content in any way or any other activity that may confuse, misdirect, or misrepresent with respect to sponsorship or affiliation.


Restrictions on Use

You agree that you shall not:

  1. Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, the Services or any Materials obtained from or through the Services;

  2. “Frame” or use the Services or any Materials in any way that might confuse, misdirect, or misrepresent their source, or sponsorship or affiliation thereof or therewith;

  3. Use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Services or any Materials, interfere with product inventory or availability, or place or take preparatory steps to place orders for products, goods, or services;

  4. Take any action that imposes an unreasonable or disproportionately large load on the Services;

  5. Take any action in connection with your use of Services or Materials which violates any applicable local, state, national or international law, rule, regulation or order of any court in conjunction with your use thereof; or

  6. otherwise use the Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to KITH or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of the Services or any other software, hardware, network or other technology (collectively, “Malicious Code”).

FINALLY, DO NOT USE THE SERVICES WHILE OPERATING A MOTORIZED VEHICLE OR WALKING. SUCH USE MAY DISTRACT YOU, MAY CREATE A HAZARD FOR YOU OR OTHERS AND IS ILLEGAL IN MANY AREAS.


Proprietary Materials

All Services and Materials, any improvements or modifications to such Services and Materials, any derivative works based thereon, and the collection, arrangement and assembly of all such Services and Materials, are, except as otherwise expressly stated herein, owned exclusively by KITH or its licensors, and KITH (and, as applicable, its licensors) reserve all rights therein. The contents of the Services and Materials are protected by copyright, database rights, trademarks, and other intellectual property laws in the United Kingdom, United States and worldwide, including relevant international treaty provisions. The trademarks, service marks, trade names, logos, and other identifiers used in or in connection with the Services and Materials are the proprietary service marks or trademarks of KITH, its licensors, or third parties, and are protected in the United Kingdom, the United States and internationally. No copying, modification or use of any of these marks or identifiers may be made without the prior, written authorization of KITH or its licensors (as applicable). Except as expressly set forth above, nothing in this Agreement shall be deemed to grant to you or any other individual or entity any license or right in or to any copyright, trademark, trade secret, database rights, design rights or other proprietary right, whether owned by KITH, its licensors, or any other person.


Disclaimers

THE SERVICES AND ALL MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF THE SERVICES OR MATERIALS; (c) ANY WARRANTY THAT THE SERVICES, MATERIALS, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

IN ADDITION, KITH CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE MATERIALS ACCESSIBLE ON OR VIA THE SERVICES ARE ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND KITH IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.


Limitations of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KITH, ITS PARTNERS, NOR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF KITH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA THE SERVICES, NOR WILL KITH, ITS PARTNERS, OR ANY OF ITS OR THEIR THIRD PARTY PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, KITH’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, COMBINED WITH THAT OF KITH’S PARTNERS AND ITS AND THEIR THIRD PARTY PROVIDERS AND LICENSORS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION OR WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT AFFECTED.


Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold KITH, its partners, its licensors, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of the Services, or any Materials, content, information, or services contained, displayed, available or accessible on or from the Services; (b) your violation of these Terms and Conditions; (c) any Submission (as defined below) provided by you to KITH; or (d) your violation of any rights of any third party.


Third-Party Links

The Services may provide links or references to third party websites, mobile applications, services, or materials which are not provided by, related to, or maintained by KITH. KITH has no responsibility for the content thereof, regardless of whether the link is provided by KITH or a third party, and KITH shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms and Conditions and Privacy Policies or Statements (and similar documents) associated with such third-party websites, applications, services, or materials before use.

The display of any link shall not and does not constitute or imply endorsement by KITH or its partners or its and their licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding KITH or its partners.


Submissions

While KITH appreciates your comments and is happy to answer your questions about our products, our services, and our company, we generally do not accept ideas, know-how, inventions or suggestions for products and services (“Submissions”). This is for your protection and for ours, and to avoid misunderstanding about the origin of Submissions between you and KITH.

Please note that any Submissions, remarks, graphics, or other information provided by you by any means, including through the Services, email, a “Contact Us” form, any “Live Chat” functionality on the Services, or otherwise, is and will be non-confidential and non-proprietary, except to the extent that such contains or constitutes personal information, which is subject to the guidelines established in our Privacy Statement. 


Governing Law


Governing Law; Venue 

These Terms and Conditions are governed and interpreted pursuant to the laws of England and Wales. 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 a resident of Scotland, you may also bring proceedings in Scotland.


Pre-Arbitration Dispute Resolution

Any controversy or claim between you and KITH arising out of or relating to these Terms and Conditions, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms and Conditions (a “Dispute”), may first be resolved in accordance with the following process prior to any legal action. One party may first send a written notice of the Dispute to the other party by email with a delivery receipt requested (“Notice”). KITH’s email address for Notice is legal@kith.com. The Notice must describe the nature and basis of the Dispute and set forth the specific relief sought (the “Demand”). The parties shall meet and confer by such method as they may mutually agree, and shall work together in good faith to attempt to resolve the Dispute directly for thirty (30) days after the Notice is received, or such further period as the parties may mutually agree. 


Arbitration 

In the event that the Dispute is not resolved within the period specified above, and if the customer chooses to refer the matter to an alternative dispute resolution (“ADR”) provider, KITH agrees to bring the dispute before a UK-approved ADR provider via their website (for example, the Centre for Effective Dispute Resolution (CEDR) via https://www.cedr.com/). The parties shall participate in such ADR in good faith. 

The customer remains free to accept or refuse mediation, and in the event of mediation, each party is free to accept or refuse the mediator's solution.

If the Dispute is still not resolved through ADR, either party may apply to court.


Enforcement

If any part of these Terms and Conditions is found to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.


Assignment

You may not assign or otherwise transfer these Terms and Conditions or any rights or obligations hereunder, in whole or in part, and any such assignment in violation of this Agreement shall be null and void. The failure of KITH to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and KITH with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and KITH with respect to such subject matter.


Amendments and Modifications to the Services

KITH reserves the right to make changes to the information, data, and Materials provided on the Services at any time without notice. KITH also reserves the right to modify or discontinue the some or all of the Services, or any Materials contained or accessible thereon, at any time without prior notice. KITH shall in no way be held liable for any consequence which results from KITH’s decision to modify or discontinue providing the Services or any content or functionality thereof.


Miscellaneous

You guarantee that (i) you are not located in a country that is subject to U.S. Government or United Kingdom Government embargoes, or that has been designated by either government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government or United Kingdom Government list of prohibited or restricted parties.

KITH expressly reserves the right to monitor any and all use of the Services. KITH also reserves the right to investigate and take legal action against any against any illegal and/or unauthorized use of the Services and/or Materials. KITH’s decision not to pursue legal action for any violation of this Agreement shall not be construed as a waiver of any provision of this Agreement or any of KITH’s legal rights.

These Terms and Conditions constitute the entire agreement between you and KITH with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, and representations, whether written, oral, or otherwise.


Contact Information

Questions regarding these Terms and Conditions should be directed to:


Kith London Limited 

Attn: Customer Service

168 Shoreditch High Street 

Floor 2 

London 

E1 6RA

United Kingdom

By sending an email to: uk.customerservice@kith.com

Calling us at + 1 212.473.4654 

 

Annex A: Mobile Message Service Terms and Conditions

Your use of Kith’s SMS/text messaging service (the “SMS Service”) constitutes your agreement to these terms and conditions (these “SMS Terms”). We may modify or cancel the SMS Service or any of its features at any time, without notice. To the extent permitted by applicable law, we may also modify these SMS Terms at any time and your continued use of the SMS Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to participate in the SMS Service, you agree to receive recurring SMS/text messages from and on behalf of Kith through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. From time to time, and with your explicit consent, we may send you promotional messages to inform you about product launches, promotions, markdowns, partnership announcements and other marketing offers (e.g., cart reminders). 

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kith. Your participation in this program is completely voluntary, and you may withdraw your consent at any time by following the opt-out instructions or links provided in our communications.

We do not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the SMS Service at any time. Text the single keyword command STOP to 37064 in the United States, or +18335394749 in Canada, to cancel. In the United Kingdom, click the unsubscribe link included in any SMS message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other mobile message programs from Kith and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For SMS Service support or assistance, text HELP to 37064 in the United States, or 18335394749 in Canada, or email uk.customerservice@kith.com in the United Kingdom.

We may change any short code or telephone number we use to operate the SMS Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

In the United Kingdom, where the SMS Service uses a one-way Branded Sender ID instead of a short code or telephone number, two-way messaging is not supported. In these cases, you can opt out by clicking the unsubscribe link included in any SMS message.

The wireless carriers supported by the SMS Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

Without limiting the generality of the limitation of liability provision set forth above, to the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Service.

For more information on how we collect and use your personal information, including your phone number, please see our Privacy Statement.


Annex B: Apple iOS Applications 

The following additional terms apply to your use of the Services (as defined in the Terms and Conditions above) through Apple, Inc. (“Apple”) iOS mobile application software programs purchased or made available through the App Store (“App Services”), and are in addition to the Terms and Conditions above, which are incorporated herein by reference.

 The Terms and Conditions are entered into and binding between you and KITH, and not Apple, and as between KITH and Apple, KITH is responsible for the App Services and their content, subject to the limitations and disclaimers contained in the Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support with respect to the App Services. Apple is not responsible for addressing any claims by you or any third party relating to the App Services, including but not limited to: (a) product liability claims; (b) any claim that the App Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App Services or your possession and use of the of the App Services infringes that third party’s intellectual property rights, KITH, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. 

You are only permitted to use the App Services on any Apple-branded products that you own or control, and as permitted by the App Store Terms of Service, except that the App Services may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing functionality or volume purchasing.

KITH is providing the App Services AS-IS, and disclaims all warranties of any kind, express or implied, as fully set forth in the Terms and Conditions. To the extent any warranty is nevertheless adjudged to exist by a court of law or other legal authority with respect to the App Services, and is not effectively disclaimed by the Terms and Conditions, however, KITH, and not Apple, is responsible for any such warranty term with respect to the App Services. Apple’s sole warranty obligation in such circumstances is limited to refunding the App Store purchase price of the particular App Services upon receipt of notification from you that the App Services failed to conform to the applicable warranty, and to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be KITH’s sole responsibility.

You must comply with any applicable terms of third-party agreements relating to your use of the App Services.

You acknowledge that Apple and its subsidiaries are third-party beneficiaries of the Terms and Conditions with respect to the App Services, and that, upon your acceptance of the Terms and Conditions, Apple will have a right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you with respect to the App Services as a third-party beneficiary thereof.