Terms And Conditions

Welcome to Kemden!

These are the User Terms and Conditions (“Terms”) that apply to your access and use of the Kemdenshop.co.uk website and any mobile applications operated by Blink Technologies FZCO and its affiliates (“Kemden”).

This document is a legally binding agreement between you and Kemden. Please read these Terms carefully before using Kemden. By using the website or related mobile applications, you agree to be bound by these Terms.

In addition to these Terms , you should also review and accept Kemden’s Privacy Policy , Seller Agreement (for sellers) and Product Listing Policy (for sellers), as they are incorporated by reference in these Terms.

Kemden may update these Terms at any time. Any changes to the Terms will be posted on this page. Once posted, the updated Terms will be effective immediately. It is your responsibility to review the Terms on a regular basis to keep yourself informed of changes. By continuing to access the Kemden site or use its services, you agree to be bound by the updated Terms.

  1. Conditions for Registration

Please note: As a seller, you will be able to upload items for sale at the same time that you share your corporate documents, however, your products will not be viewable by potential buyers until your documents have been verified by Kemden.

1.1 You may not access or use Kemden and may not accept these terms if you are not at least 21 years, or are not permitted to receive any services under the laws of the United Arab Emirates or any jurisdiction in which you are a resident or citizen.

1.2 You must register as a buyer, seller (or both) and have a user account on Kemdenshop.co.uk to use its services.

1.3 Whether you are registering as a buyer or seller (or both), you must own a licensed business. This does not apply to buyers purchasing through the “Buy Now” feature.

1.4 To become verified as a buyer or seller (or both), you must provide the following documentation:

        • Trade License (or Commercial Register, as applicable)
        • State-issued ID of the Owner or Manager on the license (for example, Emirates ID or passport page)
        • VAT Registration Certificate (if applicable)
        • Power of Attorney and personal ID (for company representatives who are not listed on the license, if applicable)

1.5 Kemden has the right to reject the creation of a user account for any reason

1.6 When you use any Kemden service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on Kemdenshop.co.uk or through our Message Center. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless applicable laws specifically require a different form of communication.

1.7 By posting or displaying any product, information, or content (“Content”) on Kemdenhop.co.uk, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to Kemden to use the Content in any form, media, or technology in any manner and for any purpose.

1.8 By registering as a user, you acknowledge that Kemden may launch, change, upgrade, impose conditions on, suspend or stop any services or features without prior notice.

  1. User Accounts

2.1 You may only have one main user account per business at any one time, but may also register subaccounts under the main account. Kemden may suspend or terminate user accounts, if it has reason to suspect that the same business registered, or is in control of, two or more of the same type accounts.

2.2 Upon creation of a user account or subaccount, Kemden will assign you an account and request that you create a password.

2.3 You will be solely responsible for maintaining the confidentiality and security of your account number and password. You may not share, assign, or permit the use of your user account or password with another person, even those within your own business. You agree to notify Kemden immediately if you become aware of any unauthorized use of your user account or password.

2.4 You agree that all use of Kemden, and all activities that occur under your account(s) will be considered authorized by you, and that you solely bear the responsibility for the consequences of the misuse of your account and subaccounts.

2.5 Kemden may limit, suspend or withdraw your user account at any time, without notice, for breach of these Terms, or for any reason.

  1. User’s Responsibilities

3.1 You represent and agree that:

      • you have full power and authority to accept the Terms and to fulfill your obligations under these terms;
      • the information and documents submitted during the registration process are true, accurate, current and complete, and you will maintain and update all information and documents to keep them so while your Kemden user account is active;
      • you consent to Kemden including information about you or your business in our database, and authorize Kemden and our affiliates to share or use the information as described in our Privacy Policy.
      • you are solely responsible for obtaining all required licenses, permits and certifications for the Content that that you submit, post or display;
      • any Content that you submit, post or display is not counterfeit or stolen and does not otherwise violate any of the copyright, patent, trademark, trade name, trade secrets or any rights of any third party.
      • you have the right and authority to sell, trade, distribute or export the products listed on Kemden, and the listing of these products does not violate any third-party rights (for example, exclusive agency or distribution agreements); and
      • Neither you, your company, its directors, officers nor affiliates are the subject of any trade restrictions, sanctions or other legal restrictions of any country, international organization or other jurisdiction.

3.2 You further agree that the Content that you submit, post or display will:

      • be true, accurate, complete and legal.
      • not contain information that is defamatory, libelous, threatening, harassing, obscene, explicit, offensive, or otherwise objectionable
      • not contain information that is discriminatory or promotes discrimination
      • not violate the Product Listing Policy, the Terms or any other additional agreements with Kemden.
      • not violate any applicable laws and regulations or promote any activities which may violate them; and
      • not post any link directly or indirectly to other websites which include Content that violates the Terms.

3.3 Additionally, you agree that you will:

      • carry on activities on Kemden in compliance with any applicable laws and regulations
      • conduct your business transactions with other Kemden users in good faith;
      • carry on your activities according to these Terms, and any other applicable agreements;
      • upload all requested order data for every transaction to the Kemden platform;
      • not use Kemden to defraud any person or entity;
      • not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
      • not manipulate feedback through multiple user accounts or third parties by leaving positive feedback for yourself or unjustified negative feedback for another user;
      • not copy, reproduce, download, republish, sell or distribute any information, text, images, graphics, video clips, sound, directories, files, databases or listings, available on or through Kemden for any purpose;
      • not engage in spamming, phishing or spreading viruses;
      • not use Kemden solely to collect information about other users;
      • not use information provided to you during the course of a transaction on Kemden to solicit additional sales offline; and
      • not engage in any activities that would create liability for Kemden.

3.4 In its sole discretion, Kemden has the right to remove a posting or listing or suspend or terminate any user account, if it learns of a violation or suspected violation of any of the points under 3.1-3.3, or for any reason it considers appropriate.

  1. Transactions Between Buyers and Sellers
    • Marketplace (Fulfilled by Kemden):

4.1 Through its website and related applications, Kemden provides a platform for buyers and sellers to interact with one another for the sale and purchase of products. Kemden does not represent either buyers or sellers in any transaction and is not a party to any agreement between them. The Seller is primarily responsible for fulfilling the promise to provide the purchased products; this includes responsibility for the acceptability of the products (for example, responsibility for the good or service meeting customer’s reasonable expectations, or when the customer has a right to return the products, as per the applicable Return & Refund Policy).

4.2 Buyers agree and understand that they are purchasing products under their own risk, and agree that Kemden is not liable  for: (i) any act or omission of a Seller and/or (ii) any damage or loss that arises in connection with the ordering, purchase and/or provision of a Seller’s goods or service.

4.3 Kemden does not control and is not responsible for the quality, legality, safety, or availability of the products offered  for sale on Kemdenshop.co.uk , the ability of sellers to complete a sale or the ability of buyers to complete a purchase. Kemden acts solely as an agent whose obligation is to provide a platform and arrange for the provision of the Seller’s products.  Kemden does not control the Seller’s products before they are transferred to the Buyer.

4.4 By accessing or using Kemdenshop.co.uk, you accept the risks of conducting any transaction, as well as any related activities, such as payment, storage, shipment and return of products.

4.5 Kemden is not liable for unsatisfactory or delayed performance, losses, damages or business interruptions as a result of products which are unavailable, damaged or not delivered.

4.6 Kemden may, but is not required to, mediate or attempt to resolve any dispute or disagreement between buyers and sellers, but will not be responsible for the resolution of such dispute.

    • Retail (Sold  by Kemden):

4.7 Products sold by Kemden are sold in Kemden’s name and on its own behalf to Buyers via Kemden’s platform. For the avoidance of doubt, under its retail model, Kemden is and shall remain the seller in respect of any sales made to Buyers. Kemden shall be primarily responsible for fulfilling the promise to provide the purchased products to Buyers; this includes responsibility for the acceptability of the Products, and is subject to the applicable Returns and Refund Policy.

4.8 Kemden shall issue invoices to Buyers in respect of products purchased by Buyers via Kemden’s platform.

  1. Third-Party Sites or Services

5.1 Kemden may give you access to third-party sites or services through hyperlinks, API or other means. You should review the third-party terms and conditions, as Kemden has no control over and does not monitor such sites. Kemden will not be liable to you for the content of these sites or your use of them.

5.2 Kemden may offer you third-party services, such as payment gateways, supply chain finance solutions and delivery services. These services may be subject to a separate agreement between you and the service provider. Under no circumstances will Kemden will be liable to you for the use of such services.

5.3 Third-party services may be subject to separate fees. You will be informed of such fees prior to the performance of the services.

  1. Liability

6.1 The services provided by Kemden and the products displayed on Kemdenshop.co.uk are provided “as is”, “as available” and “with all faults”, and any and all warranties are excluded.

6.2 You agree to defend Kemden, our affiliates, directors, officers and employees against any and all third-party losses, claims and liabilities (including legal costs) which may result from your violation of these Terms, use of Kemdenshop.co.uk or its services (or third-party services or sites offered through Kemden). You agree to fully compensate Kemden for such losses.

6.3 Kemden has the right to take control of any legal matter subject to Clause 6.2.

6.4 Kemden will not be liable to pay any consequential, indirect, punitive or incidental damages (including but not limited to damages for loss of profits or savings, business interruption, loss of information), resulting from your use of Kemdenshop.co.uk , or any third-party services or sites offered through Kemden.

6.5 Regardless of the above clauses, the total liability of Kemden, our employees, agents, affiliates or representatives for any or all your claims during any calendar year is limited to USD $100.

6.6 The above clauses will apply whether or not Kemden has been advised of, or should have been aware of, the possibility of any losses.

  1. Cooperation with Authorities

7.1 Kemden has the right to cooperate fully with governmental or regulatory authorities or law enforcement in the investigation of any suspected criminal or civil wrongdoing. As permitted by applicable laws and policies, Kemdenshop.co.uk may disclose a user’s identity and contact information regarding a user’s account, transactions or activities carried on Kemdenshop.co.uk. Kemden will not be liable for damages due to such disclosure, and you agree not to bring any claim against Kemden for the disclosure.

  1. Force Majeure

8.1 Neither you nor Kemden will be liable for failing to fulfill any obligation under these Terms that result from circumstances beyond either party’s reasonable control, such as natural disasters, pandemics or war.

  1. Intellectual Property

9.1 “Kemden” and its related logos and words on Kemdenshop.co.uk are registered trademarks of Kemden and are protected by international trademark and other intellectual property rights and laws. Kemden’s trademarks may not be used in connection with any service or products that other than Kemden’s, without its written consent. All other trademarks not owned by Kemden that appear on Kemdenshop.co.uk are the property of their respective owners, who may or may not be affiliated with Kemden.

9.2 Kemden is the sole owner or lawful licensee of all the rights and interests in Kemdenshop.co.uk and its Content. Kemdenshop.co.uk and its content contain trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Kemdenshop.co.uk and its Content belong to Kemden. All other rights are reserved.

9.3 If you believe that any Content on Kemden.com violates your intellectual property or other third-party rights, please legal@Kemden.com.

  1. Notices

10.1 All notices or demands to Kemden must be made in writing and sent personally, by courier or by email to: Attn: Kemden Legal, DAFZA, Building 9W, Office A501, Dubai, United Arab Emirates – Email: legal@Kemdenshop.co.uk.

10.2 All legal notices or demands on a user will be delivered to the last known email address provided by to Kemden, unless otherwise required by specific laws or regulations.

  1. General Clauses

11.1 Unless you have any additional agreements with Kemden, these Terms represent the entire agreement between you and Kemden as to your use of the website and any related applications or services, overriding any prior written or verbal agreements that may have been made.

11.2 These Terms do not create an agency, partnership, joint venture, employment or franchise relationship between you and Kemden.

11.3 If any clause of these Terms is considered invalid or unenforceable, such clause will be deleted and the remaining clauses will remain valid and enforceable.

11.4 If Kemden does not enforce its rights or act against any breach by you under the Terms, it does not mean that Kemden is waiving its rights to enforce actions against you in the future.

11.5 Kemden

has the right to assign the Terms to any person or entity. You may not assign these terms to any person or entity, without written consent from Kemden.

11.6 These Terms are governed by and construed according to the laws and regulations of the United Arab Emirates as applied in the Emirate of Dubai. Any dispute, difference, controversy or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, will be subject to the exclusive jurisdiction of the Dubai Courts.

If you have any questions regarding these Terms, please Contact Us.