Terms of service

OVERVIEW

Welcome to Kaboom Branding! The terms "we", "us" and "our" refer to Kaboom Branding. Kaboom Branding operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Kaboom Branding is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, 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 – QUOTATIONS & ACCEPTANCE
All quotations are valid at the time of quoting and are subject to Error and Omissions Excluded (E&OE).

We reserve the right to correct any pricing errors, inaccuracies or omissions at any time, including after a quote has been sent or an order has been placed. In the event of a pricing error, we will notify you as soon as possible and give you the option to cancel your order or proceed at the correct price. We shall not be bound to honour any order placed at an incorrect price due to technical, automated or human error.

These terms and conditions apply to all orders and supersede all others. Receipt of acknowledgment of order by you constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you.

SECTION 2 – 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.

2.1 MARKETING & COMMUNICATIONS
By submitting and/or clicking a 'Quote', 'Artwork' or 'Buy Now' you agree to be contacted by Kaboom Branding via your assigned email address for any queries relating to your enquiry and for all additional marketing and communications relating to our products including new products/special offers that may interest you. You are able to opt-out of our marketing emails at any time by choosing to unsubscribe.

SECTION 3 – 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 colours 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 4 – ORDERS
When you place an order, you are making an offer to purchase. Kaboom Branding reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Kaboom Branding confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Kaboom Branding may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4.1 RETURNS POLICY
All branded stock is non-returnable & non-refundable due to the bespoke nature of the print. These are considered personalised goods made to your specifications and cannot be re-sold to anyone else.

Defective/damaged products - please contact us immediately if there is a problem with the products received. We will help to resolve this issue asap with either a refund or replacement items. 

UNBRANDED SAMPLES

Unbranded samples are chargeable and non-returnable. It is not possible to specify colour choices or branding. Unbranded samples are only intended to check the quality of the product. Some samples provided may be 'dummy' products only and will not be fully functional (i.e. Power banks will not hold charge, USB memory sticks will not be functional).

SECTION 5 – PRICES AND BILLING
Payment is required in full before any order is processed. Estimated order dates provided during the quotation process are based on receipt of immediate payment following order approval/acceptance. Delivery date(s) will change if payment is not received within the time specified on your quotation/approval documentation.

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. The prices are based on today's current costs of production and in the event of any increase in wages or costs of materials to us occurring after the confirmation or accepted contract, we shall be entitled to charge such increases to you. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

We reserve the right to alter any prices or detail or design of products illustrated without notice and while every effort is made to describe goods accurately in the catalogues and website no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.

Orders are accepted subject to our right to adjust prices quoted to take account of any changes in the law or government regulations requiring us to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. All quoted prices are subject to sight of artwork and stock availability.

SECTION 6 – SHIPPING AND DELIVERY

Passing of Title and Risk The risk of the goods shall pass to you on delivery. All goods, delivered or not, remain our property until payment is received in full.

Every effort will be made to deliver on time, but any delivery day or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods.

6.1 Quantity Variation
We shall be deemed to have fulfilled our contract by delivery of a quantity within 10% plus or minus of the quantity of printed goods ordered and you will be charged at the contract rate for the quantity delivered.

6.2 Damages in Transit
Claims arising from damages, delay or partial loss in transit must be made in writing to us, to reach us within 7 days of delivery. All claims regarding the quality or quantity of the goods shall be made in writing to us, to reach us within 7 days of receipt of goods or such goods shall be deemed to comply as to quality and quantity with the terms of the contract. You must examine all goods delivered at the time of delivery and confirm receipt. We shall not be liable for any loss or damage caused to the goods in transit unless loss or damage is noted at the time of delivery.

6.3 Liability
Save in so far as defects in the goods cause death, injury or damage to personal property, our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods. We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with the notification of claims procedures set out above.

SECTION 7 – CANCELLATION, ARTWORK & CUSTOMISATION

Cancellation of Orders
Due to the bespoke nature of our business, any order cancelled within 24 hours of placement will be subject to a cancellation fee. The exact amount of this fee will be dependent on the work conducted on your order at the time of cancellation. This includes the cost of the goods themselves if we have started production or ordered stock for your order. If branding has been applied to your goods you will be charged in full and no refund will be due to you.

Artwork & Customisation
All artwork and printing charges will be levied where necessary unless previously stipulated by us. Quotations will specify the number of print colours/design details and number of positions to be branded. Please check your quotation for details prior to making your payment.

It is the buyer’s responsibility to thoroughly check the visual proof. We shall not be liable for any loss (including loss of profit), costs, damages, charges and expenses incurred by the buyer as a result of errors in printed/custom artwork where those errors were evident within the visual proof.

We reserve the right not to accept an order or produce an order if we consider that any words or message to be printed infringes any other person's rights or contains unacceptable content.

Colour Matching / Specifications
Product images and descriptions are listed as examples and exact pantone/CMYK colours cannot be determined on the website, unless an exact colour match is listed.

Branding Position Tolerance
Print tolerance refers to the variation of print location in mass production. Due to the manufacturing process on some items, items printed within the same batch may have a variation of up to 5mm on the final product. This is deemed acceptable.

Changes to Artwork
In order to print efficiently from the artwork you supply, it may be necessary to adjust or redraw your artwork. You will be advised of the changes made. No liability is accepted for any delay caused due to required artwork changes.

SECTION 8 – SAMPLES
Unbranded samples are chargeable and non returnable. It is not possible to specify colour choices or branding. Unbranded samples are only intended to check the quality of the product. Some samples provided may be 'dummy' products only and will not be fully functional.

SECTION 9 – FORCE MAJEURE
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control.

SECTION 10 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Kaboom Branding, its affiliates or licensors and are protected by U.S. and foreign patent, copyright 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 of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.

Kaboom Branding's names, logos, product and service names, designs, and slogans are trademarks of Kaboom Branding or its affiliates or licensors. You must not use such trademarks without the prior written permission of Kaboom Branding.

SECTION 11 – 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. Any use by you of the optional tools is entirely at your own risk.

SECTION 12 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to access these, you do so at your own risk.

SECTION 13 – RELATIONSHIP WITH SHOPIFY
Kaboom Branding is powered by Shopify. However, any sales and purchases you make are made directly with Kaboom Branding. Shopify is not responsible for any aspect of any sales between you and Kaboom Branding.

SECTION 14 – PRIVACY POLICY
All personal information we collect is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

SECTION 15 – FEEDBACK
If you submit any Feedback, you grant us a perpetual, worldwide, royalty-free license to use it. We may use your Feedback for any purpose.

SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, etc. 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.

SECTION 17 – PROHIBITED USES
You may not use the Services for any unlawful purpose or in any way that violates these Terms.

SECTION 18 – AGENTS 18.1
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action.

18.2 No Agent may access, use, or interact with Services unless it clearly identifies itself as an Agent.

18.3 We may limit or block any Agent from accessing the Services.

18.4 Agents must: (i) Clearly identify themselves in the user agent string (e.g. "Agent/[agent name]"); (ii) Not conceal or mimic human behaviour; (iii) Respond truthfully when asked if they are human or automated; (iv) Not circumvent any security or access controls.

SECTION 19 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice.

SECTION 20 – DISCLAIMER OF WARRANTIES
The Services and all products are provided "as is" and "as available" without any warranties of any kind.

SECTION 21 – LIMITATION OF LIABILITY
To the fullest extent provided by law, Kaboom Branding shall not be liable for any indirect, incidental, special, consequential or punitive damages.

SECTION 22 – INDEMNIFICATION
You agree to indemnify and hold Kaboom Branding harmless from any losses, damages, liabilities or claims arising from your breach of these Terms.

SECTION 23 – GENERAL PROVISIONS
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. These Terms of Service constitute the entire agreement between you and us.

Contact Information Blue Panda Ltd T/A Kaboom Branding sales@kaboom-branding.co.uk 2 Rowena Road, Bournemouth, BH6 3AE Company Number: 04665131 VAT Number: GB 812176354