Terms of service

OVERVIEW

Welcome to Krakatoa Smith. Krakatoa Smith is a trading brand of Helluva Brand Ltd, a company registered in England and Wales (Company No. 16282897). Helluva Brand Ltd operates this store and website under the Krakatoa Smith brand. The terms “we”, “us” and “our” refer to Helluva Brand Ltd.

We operate this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our  Privacy Policy
. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided when the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including but not limited to all trademarks, brand names, text, images, graphics, illustrations, product designs, video, audio and the design, selection and arrangement of such content, are owned by or licensed to Helluva Brand Ltd, trading as Krakatoa Smith, and are protected by applicable copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store or transmit any material from the Services without our prior written consent, except where permitted by law.

Except as expressly provided in these Terms, nothing grants you any licence or other rights in the intellectual property of Helluva Brand Ltd, Krakatoa Smith, Shopify or any third party. All rights not expressly granted are reserved.

The Krakatoa Smith name, logos, product names, designs and slogans are owned by or licensed to Helluva Brand Ltd. They must not be used without our prior written permission. Shopify's name, logos, product and service names, designs and slogans are trademarks of Shopify or its affiliates. Other names, logos, product and service names, designs and slogans appearing through the Services may be trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please 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 and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Krakatoa Smith is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our Store are made directly with Helluva Brand Ltd, trading as Krakatoa Smith.

By using the Services, you acknowledge that Shopify is not the seller of the products you purchase from us and is not responsible for the fulfilment of your order or the products supplied by us. To the extent permitted by applicable law, Shopify and its affiliates will not be liable for claims, damages or losses arising from purchases or transactions made directly with us.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here Privacy Policy , and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sub-licensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws, regulations or legal requirements; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, threaten, defame, intimidate or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of unsolicited advertising or promotional material, including “junk mail”, “chain letters”, “spam” or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm us, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services except as expressly permitted by us; (c) collect or track the personal information of others unlawfully; (d) spam, phish, pharm, pretext, spider, crawl or scrape the Services; or (e) interfere with or circumvent the security features of the Services or any related website.

We reserve the right to suspend, disable or terminate access to the Services where we reasonably believe these Terms have been violated, subject to applicable law.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is provided for general information purposes. While we make reasonable efforts to ensure that information provided through the Services is accurate and up to date, we do not guarantee that all information will always be complete, accurate or current.

We do not guarantee that access to the Services will always be uninterrupted, secure or error-free, and we may occasionally suspend or restrict access for maintenance, updates or other operational reasons.

Nothing in these Terms excludes or limits any rights or remedies you may have under applicable consumer law, including your statutory rights in relation to products purchased from us.

SECTION 16 - LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

If you are a consumer, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. We are not responsible for losses that were not foreseeable when you entered into a contract with us.

We supply our products for private and domestic use. If you use our products for commercial, business or resale purposes, we will not be responsible for loss of profit, loss of business, business interruption or loss of business opportunity, to the extent permitted by law.

Nothing in these Terms affects your statutory rights as a consumer.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you will be responsible for any loss or damage we reasonably incur as a direct result of your deliberate misuse of the Services, your unlawful use of the Services, or your infringement of the rights of a third party.

Nothing in this section limits or affects any rights you may have under applicable consumer law.

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; 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 expressly incorporated into them, constitute the agreement between you and us relating to your use of the Services and supersede any previous agreements or communications relating to the same subject matter.

Nothing in these Terms affects any rights you may have under applicable consumer law.

SECTION 20 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer our rights and obligations under these Terms to another organisation, provided that doing so does not affect your rights under these Terms or applicable law.

SECTION 21 – GOVERNING LAW

These Terms and any contract between you and us are governed by the laws of England and Wales.

If you are a consumer resident in another part of the United Kingdom, you will also retain the benefit of any mandatory protections provided by the laws applicable where you live. Nothing in these Terms limits any rights you may have to bring proceedings in the courts available to you under applicable law.

SECTION 22 – HEADINGS

The headings used in these Terms are included for convenience only and do not affect their interpretation.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page.

We may update or change these Terms from time to time, including to reflect changes to our Services, business practices or legal and regulatory requirements. Where required by applicable law, we will notify you of material changes and indicate when those changes take effect.

Changes to these Terms will not affect orders already accepted by us unless required by law or agreed with you.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@helluvastore.com.

Our contact information is:

Helluva Brand Ltd, trading as Krakatoa Smith
Email: support@helluvastore.com
Registered in England and Wales
Company No. 16282897
Registered Office: 71–75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom