Terms of service
OVERVIEW
Welcome to KernelBuilds. References to “we”, “us”, or “our” mean KernelBuilds, a UK-based business.
KernelBuilds operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”) provided to you as a customer.
Our online store is hosted on Shopify, which provides the e-commerce platform that allows us to sell our products and process payments securely.
These Terms of Service (“Terms”), together with any policies referenced within them (including our Privacy Policy), set out the terms on which you may access and use our Services, as well as your rights and responsibilities as a customer.
Please read these Terms carefully, as they contain important information about your legal rights, including limitations of liability and warranty disclaimers, where permitted by law.
By accessing, browsing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use our Services.
SECTION 1 – ACCESS AND ACCOUNTS
To access or use our Services, including browsing our website or purchasing products, you must be at least 18 years old.
When placing an order or creating an account, you may be required to provide certain information, including your name, email address, billing address, payment details, and shipping information. You confirm that all information you provide is accurate, current, and complete, and that you are authorised to use the payment method provided.
You are responsible for maintaining the confidentiality of your account login details and for all activity that occurs under your account. You must notify us immediately if you believe your account has been compromised or used without authorisation.
Accounts are personal to you and may not be transferred, sold, or shared with any other person.
SECTION 2 – OUR PRODUCTS
We take reasonable care to ensure that product descriptions, specifications, images, and prices shown on our website are accurate and up to date.
Please note that product images are for illustrative purposes only. The appearance of products, including colours and finishes, may vary slightly depending on your device, screen settings, or manufacturer variations.
While we aim to provide accurate product information, specifications and availability may be updated or changed at any time without prior notice.
We reserve the right to:
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Modify or discontinue any product at any time;
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Limit the quantities of products we supply; and
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Restrict sales to certain geographic locations where required.
Nothing in this section affects your statutory rights under UK consumer law, including your rights in relation to faulty or misdescribed goods.
SECTION 3 – ORDERS
When you place an order through our website, you are making an offer to purchase products from us. All orders are subject to acceptance and availability.
An order will not be accepted until we confirm acceptance by email and payment has been successfully processed. We reserve the right to refuse or cancel any order prior to acceptance, including where a product is unavailable, pricing or description errors have occurred, or we suspect fraudulent activity.
Please review your order carefully before submitting it. Once an order has been accepted, it may not be possible to cancel or amend it, except where you have a legal right to do so under UK consumer law.
If we need to refuse, cancel, or make changes to your order, we will make reasonable efforts to notify you using the contact details provided at checkout.
Returns, refunds, and exchanges are governed by our Refund Policy [LINK], which forms part of these Terms.
Products sold through our website are intended for end use only, whether by individual consumers or businesses for their own internal use. Products must not be purchased for resale, redistribution, or export without our prior written consent.
SECTION 4 – PRICES AND BILLING
All prices are shown in GBP (£) unless stated otherwise.
Prices, promotions, and discounts may change from time to time. The price charged for a product will be the price displayed at the time you place your order and will be confirmed in your order confirmation email.
Unless otherwise stated, prices include UK VAT where applicable but do not include delivery charges, which will be clearly displayed at checkout before you complete your purchase.
From time to time, we may offer promotions or discounts that are subject to separate terms and conditions. Where those terms conflict with these Terms, the promotion terms will apply.
You agree to provide accurate, current, and complete payment and billing information for all purchases made through our website and to keep this information up to date so that we can process your order and contact you if necessary.
By placing an order, you confirm that you are authorised to use the payment method provided and that you authorise us (via Shopify and its payment providers) to charge the total amount payable for your order, including delivery charges and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We aim to dispatch orders promptly and provide estimated delivery times at checkout. All delivery times are estimates only and are not guaranteed.
We are not responsible for delivery delays caused by events outside our reasonable control, including courier delays, strikes, severe weather, or other unforeseen circumstances.
For consumer customers, responsibility for the goods remains with us until they are delivered to you or to a location you have nominated. If your order is lost or damaged in transit, please contact us so we can investigate and arrange a replacement or refund where appropriate.
Delivery charges, available delivery options, and any applicable restrictions will be clearly displayed at checkout before you complete your purchase.
SECTION 6 – INTELLECTUAL PROPERTY
All content made available through our Services, including but not limited to text, images, graphics, logos, product descriptions, videos, audio, and website design, is owned by or licensed to KernelBuilds and is protected by UK and international intellectual property laws.
You may access and use the Services for your own lawful purposes, including browsing the website and purchasing products. You must not copy, reproduce, distribute, modify, or otherwise use any content from the Services for commercial purposes without our prior written consent.
Nothing in these Terms grants you any ownership rights or licences in our intellectual property, except as necessary to use the Services in accordance with these Terms.
The KernelBuilds name, logo, and branding are trademarks of KernelBuilds. You must not use our trademarks without our prior written permission. Shopify and its associated names and logos are trademarks of Shopify Inc. All other trademarks appearing on the Services belong to their respective owners.
All rights not expressly granted are reserved.
SECTION 7 – OPTIONAL AND THIRD-PARTY TOOLS
From time to time, our Services may include access to tools, features, or functionality provided by third parties (for example, payment services, delivery tracking, or other integrated features).
We do not control, monitor, or operate these third-party tools and provide access to them “as is” and “as available”, without any warranties or endorsements. Your use of any third-party tools is entirely at your own risk and subject to the terms and conditions of the relevant third-party provider.
To the extent permitted by law, we are not responsible for any loss or damage arising from your use of third-party tools or services.
We may introduce new features or functionality to our Services in the future. Any such additions will form part of the Services and will be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may include links to, or functionality provided by, third-party websites and services that are not owned or controlled by us.
We are not responsible for the content, accuracy, availability, or practices of any third-party websites. If you choose to access any third-party websites through links on our Services, you do so at your own risk.
We are not responsible for any loss or damage arising from your use of, or reliance on, any third-party websites, products, services, or content. Before engaging in any transaction with a third party, you should review their terms, conditions, and privacy policies carefully.
Any complaints, claims, concerns, or questions relating to third-party products or services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
KernelBuilds is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with KernelBuilds. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and KernelBuilds, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with KernelBuilds.
SECTION 10 – PRIVACY AND PERSONAL DATA
Any personal information we collect through our Services is processed in accordance with our Privacy Policy, which explains how we collect, use, store, and protect your personal data.
Our store is hosted by Shopify, which provides the e-commerce platform that enables us to sell our products and services. Shopify processes personal data on our behalf in order to provide and support the Services. This may include sharing data with trusted third-party service providers such as payment processors, delivery partners, and analytics providers. Some of these service providers may be located outside the United Kingdom.
Further information about how we, Shopify, and our service providers handle personal data, including details of international data transfers and your rights under UK data protection law, can be found in our Privacy Policy [LINK].
SECTION 11 – FEEDBACK AND REVIEWS
If you submit any feedback, suggestions, ideas, reviews, or other content to us (“Feedback”), you grant KernelBuilds a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display, and adapt such Feedback for the purpose of operating, improving, and promoting our Services.
You confirm that any Feedback you submit is your own work or that you have the right to submit it, and that it does not infringe the rights of any third party or contain unlawful, defamatory, offensive, or misleading material.
We are not obliged to keep Feedback confidential, to pay compensation for it, or to respond to it. We reserve the right to remove or moderate Feedback that we consider to be unlawful, inappropriate, or in breach of these Terms.
You are solely responsible for the content and accuracy of any Feedback you submit. To the extent permitted by law, we accept no liability for Feedback posted by users or third parties.
SECTION 12 – ERRORS AND ACCURACY OF INFORMATION
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times, or availability.
We reserve the right to correct any such errors or update information at any time. If an order has been placed based on incorrect information, we may cancel the order where reasonably necessary and will notify you promptly and provide a full refund where payment has been taken.
Nothing in this section affects your statutory rights under UK consumer protection law.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms.
You must not use the Services in any way that:
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is unlawful, fraudulent, or malicious;
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infringes our intellectual property rights or the rights of others;
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harasses, abuses, defames, intimidates, or harms any person, including our staff;
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involves the transmission of false, misleading, or harmful information;
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involves sending unsolicited advertising or promotional material (spam);
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attempts to impersonate any person or entity;
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interferes with or disrupts the operation, security, or availability of the Services; or
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otherwise restricts or inhibits anyone else’s use or enjoyment of the Services.
You must also not:
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introduce viruses, malware, or any other harmful code;
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copy, reproduce, sell, resell, or exploit any part of the Services without our permission;
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collect or misuse personal data relating to other users;
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use automated systems (including bots, scrapers, or crawlers) to access the Services without our consent; or
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attempt to bypass or interfere with security or access controls.
We reserve the right to restrict, suspend, or terminate access to the Services where we reasonably believe there has been a breach of these Terms or misuse of the Services.
SECTION 14 – TERMINATION
We may suspend or terminate your access to the Services, or any part of them, where we reasonably believe that you have breached these Terms or misused the Services. Where reasonably practicable, we will provide notice of such termination.
Termination of access to the Services will not affect any rights or obligations that have already arisen, including any outstanding orders, payments due, or statutory consumer rights.
The following sections shall continue to apply after termination: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Privacy Policy, and any other provisions which by their nature are intended to survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Any information provided on our Services is for general information purposes only. While we take reasonable care to ensure that information is accurate and up to date, we do not guarantee that all content will always be complete or free from errors. You should not rely solely on information on the Services when making decisions and should contact us if you require clarification.
We do not guarantee that access to the Services will be uninterrupted, timely, secure, or error-free, or that defects will always be corrected.
Nothing in these Terms excludes or limits any rights you have under the Consumer Rights Act 2015 or other applicable UK consumer protection laws. In particular, our products are supplied with statutory guarantees that they will be as described, of satisfactory quality, and fit for purpose.
To the extent permitted by law, we disclaim all other warranties and conditions not expressly stated in these Terms.
SECTION 16 – LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable UK law.
Subject to the above, and to the extent permitted by law:
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We shall not be liable for any indirect or consequential loss, including loss of profits, loss of revenue, loss of business, loss of data, or loss of anticipated savings.
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We shall not be liable for losses arising from misuse of products, failure to follow instructions, or incorrect assembly of build kits.
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We shall not be liable for losses arising from the use of the Services where such loss was not reasonably foreseeable at the time the contract was formed.
Our total liability to you for any claim arising out of or in connection with the Services or any products supplied shall not exceed the total amount paid by you for the relevant product or service, except where prohibited by law.
This section does not affect your statutory rights as a consumer.
SECTION 17 – INDEMNIFICATION
You agree to indemnify KernelBuilds (and, where applicable, Shopify and our respective affiliates, officers, employees, and agents) against any losses, damages, liabilities, or reasonable legal costs arising out of or in connection with:
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your breach of these Terms;
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your unlawful use of the Services; or
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your infringement of the rights of any third party.
This indemnity applies only to the extent that such losses arise from your actions or omissions and does not apply to losses caused by our breach of these Terms, negligence, or failure to comply with applicable law.
We will notify you of any claim to which this indemnity may apply and will give you a reasonable opportunity to cooperate in the defence of the claim. Nothing in this section requires you to accept any settlement involving non-monetary obligations without your consent.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with any policies or notices referenced or posted on our website, constitute the entire agreement between you and KernelBuilds regarding your use of the Services and supersede any prior or contemporaneous agreements, communications, or understandings, whether written or oral.
SECTION 20 – ASSIGNMENT
You may not transfer, assign, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations to another organisation, provided that such transfer does not reduce your rights or affect the quality of the Services you receive.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of England and Wales.
You and KernelBuilds agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services.
SECTION 22 – HEADINGS
The headings used in these Terms of Service are for convenience only and do not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We may update, change, or replace these Terms of Service from time to time. Where changes are material, we will take reasonable steps to notify you in advance, for example by posting a notice on our website or contacting you using the details you have provided, in accordance with applicable law.
Any updated Terms of Service will apply from the date specified in the notice or, if no date is specified, from the date they are published on our website. Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at support@KernelBuilds.co.uk
Our contact details are as follows: