Terms and conditions for the on-line purchase of KILN Products
These Terms and Conditions do not contain any complicated legal terms but they do set out the obligations of both KILN (KILN Ideas Limited whose mailing address and registered address are 13 Cromwell Tower, London EC2Y 8DD) and you, our client, and they will bind us both. We’ve tried to make them both clear and fair, but if there is anything you don’t understand or are unsure about, please discuss it with us before placing your order.
In these Terms and Conditions:
(a) ‘Contract’ means a binding contract between KILN and you for the purchase and sale of the Products in accordance with the Order.
(b) ‘Fees’ means the fees payable to KILN by you for the supply of the Products, in accordance with the Order.
(c) ‘IdeaKegs’ means the objects of nominal value contained within Single IdeaKegs or IdeaKeg21s or Ideastormswhich are accompanied by curator trend notes i.e they are clearly provided for ideation purposes only. KILN firmly believes that tangible access to IdeaKegs will help unleash the kinaesthetic and whole-brain thinking of IdeaKeg users.
(d) ‘Order’ means the order for Products placed by you via this website
(e) ‘Products’ means all and any products offered for sale through this website.
(a) By placing an Order, you are offering to buy the Products referred to in the Order at the prices stated on this Website, exclusively subject to these Terms and Conditions.
(b) Whilst it is KILN's intention to keep its website up to date and error free, product description or pricing errors may occur. If KILN discovers such an error after you have submitted an Order to it, KILN will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information.
(c) When you submit an Order to KILN you may receive one or more emails from KILN indicating the progress it is making in processing your Order. Please note that such communications do not constitute acceptance of the order by KILN. Your order will only be accepted by KILN, and a Contract will only be formed, when KILN dispatches the Products to you.
(a) KILN will deliver the Products to the address provided in the Order, on a ‘signed-for’ basis.
(b) Whilst KILN will obviously not intentionally supply anything which it might reasonably expect to cause harm to any person, you understand that the contents of IdeaKegs are supplied exclusively as ideation stimuli rather than for any functional use, and are only intended to be handled by persons over the age of 18. In particular, but without limitation, food items are not intended for consumption. Accordingly, you promise to take all reasonable steps to ensure the safe use, storage and disposal of all IdeaKeg contents.
(c) Whilst the Products will help you to sharpen your innovation and/or strategic process, by providing a novel approach to breaking down “the walled garden” and framing better, bolder questions for ideation, the results of using them will also largely depend upon your approach and attitude to the process of using them. Please contact KILN to discuss consultancy options if you are inexperienced in ideation and feel that that you would benefit from our experience and support to get the most out of your Products.
4. Confidentiality and Publicity
(a) You agree to treat (and to ensure that your employees treat) all of KILN’s proprietary information to which you are given access (including, but not limited to, the IdeaKegs and all copyrighted material comprised within the Products,) with no less care that you would your own highly confidential information. In particular, you agree not to disclose any or all of it to any third party (other than those of your employees who will be using it for your ideation purposes) or allow it to be used for any purpose other than improving your innovation and strategic processes.
(b) KILN will be entitled to refer to you as one of KILN’s clients without restriction in its marketing materials and press releases.
5. Intellectual Property
(a) Nothing in these Terms and Conditions is intended to transfer any rights of ownership in the copyright, trademarks or other intellectual property rights owned by (or licensed to) KILN and used in connection with the Products.
(b) KILN grants you a non-exclusive license to use (but not copy, or create abstracts or summaries of) the materials described in Clause 5(a) solely for the purpose of assisting your own internal innovation and strategic processes. This licence is strictly subject to your compliance with the remaining provisions of these Terms and Conditions – including, but not limited to, your obligations of confidentiality.
(c) You must not quote from, photograph or cause to be circulated the IdeaKegs without KILN’s prior permission or without attributing the quotation to KILN.
6. Limitation on Liability
(a) Because they are provided for ideation purposes only, KILN gives no warranties in respect of the description, quality or otherwise of the IdeaKegs and excludes all implied warranties in relation to them. Further, KILN accepts no responsibility for (and you must not therefore rely upon) any statements or representations made by the manufacturers of such items.
(b) KILN will make every effort to keep its website and email system error free and up and running smoothly. However, it will not be liable if it is temporarily unavailable or operating incorrectly due to issues beyond its reasonable control including (but not limited to) the actions of hackers. Neither will it be responsible for the malfunctioning of the website due to problems with web browsers, your I.T. infrastructure, third party platforms or third party interference.
(c) KILN’s liability to you for any negligence or breach of contract is limited to the value of the Fees PROVIDED that nothing in these Terms and Conditions will limit KILN’s liability for death or personal injury caused by its negligence.
(a) If any of the provisions of these Terms and Conditions becomes illegal, invalid or unenforceable in any way, this will not affect the validity and enforceability of the remaining provisions. Further, the illegal invalid or unenforceable provision will automatically be replaced with an alternative provision that will achieve as closely as possible the originally intended commercial effect.
(b) KILN will not be liable in damages or otherwise for any failure or delay in performing any of its obligations under these Terms and Conditions, which is beyond its reasonable control.
(c) These Terms and Conditions will be interpreted in accordance with English Law and any unresolved disputes relating to them will be determined exclusively by English courts.