terms and Conditions
Who is Kuldea?
Kuldea is a UK business providing an online aggregator and marketplace for home furnishings. We’re best known for this service amongst people but we’re also a publisher of home furnishing and interior design content aimed at informing and inspiring people with their home projects.
Kuldea is not a direct retailer and is not responsible for providing, or for setting or controlling the prices applicable to, any of the home furnishing products which you may search for, find on and/or purchase via the Kuldea Website (“Third Party Home Furnishing Products”). All such Third Party Home Furnishing Products are provided by independent retailers or other third parties and are subject to the terms and conditions imposed by those third parties.
The Kuldea Website is provided by Kuldea Limited, a private limited company incorporated and registered in England & Wales with company number 10945183. Our company details, including correspondence address and registered office, are Kemp House, 160 City Road, London, EC1V 2NX
These Terms & Conditions
Terms as appropriate
We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via the Website and you will be deemed to have accepted any amendments if you continue using the Kuldea Website after the amendments are displayed. If you do not accept all of these Terms then you should not use the Kuldea Website.
Using the Kuldea Services
You may only use the Kuldea Website in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to download, access and use the Kuldea Website for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such licence to you subject to you agreeing that you shall not:
- use the Kuldea Website for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trademark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Kuldea;
- use the Kuldea Website for any commercial purpose or in any manner which may cause damage to Kuldea or bring Kuldea into disrepute;
- disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Kuldea Website, except as permitted by law;
- copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Kuldea Website, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Kuldea Website;
- use or interfere with the Kuldea Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- introduce onto, or transmit via, the Kuldea Website any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
- remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Kuldea Website or pass off or attempt to pass off the Kuldea Website as the product of anyone other than Kuldea;
- use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Kuldea Website or any part thereof.
Where you sign up to any feature of, or use, the Kuldea Website that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know via email at firstname.lastname@example.org as soon as you can.
To the extent that any element of the Kuldea Website is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
Sharing information with Kuldea
To the extent that the Kuldea Website allows you to post, upload, transmit or otherwise make available any information, images, video, or other data with Kuldea or other Kuldea users (“User Content”), you agree that:
- you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the licence referred to in paragraph b) below in respect of;
- although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Kuldea and its group companies a non-exclusive, perpetual, royalty-free, worldwide, transferable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing the Kuldea Website; and
- we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User.
Content if necessary
To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion. You can provide feedback to us by clicking on the ‘Contact’ tab or via email at email@example.com.
On the Kuldea website, we have integrated links to various social media services (Facebook, instagram, Pinterest, twitter, Youtube and Whatsapp). By clicking on the relevant symbol or the full name, you will be redirected to the website of the relevant service. If you select “Share” and select a corresponding social media service, you may publish an event (such as a specific search result) on the website of this service.
If you go to the link of a service from the Kuldea Website you can follow our activities on the platform of the relevant service.
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Kuldea Website (together, the "Intellectual Property Rights") are owned by or licensed to Kuldea. You acknowledge that by using the Kuldea Website, you will not acquire any right, title or interest in or to the Kuldea Website or to the Intellectual Property Rights except for the limited licence to use the Kuldea Website granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the Kuldea Website in source-code form.
Other people’s property
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Kuldea Website, please send a written notification of such infringement to the address stated at the beginning of Terms marked for the attention of our ‘General Counsel’.
Price accuracy and warranty disclaimer
Your use of the Kuldea Website is entirely at your own risk. Although we endeavour to enforce strict ‘price accuracy’ policies with all partners who provide us with product data and endeavour to ensure that the content displayed on or via the Kuldea Website is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the Kuldea Website on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the Kuldea Website (a) is accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) is secure or are free from errors, faults, defects, viruses or malware.
Making product purchases via Kuldea
Kuldea is not a retailer and is not responsible for providing any product options displayed via the Kuldea Website or for setting or controlling the prices we display. Any Third Party Home Furnishing Products which you find and/or purchase via the Kuldea Website are provided by independent retailers or other third parties (“Retailers”). Kuldea facilitates your ability to purchase with Retailers but is not responsible and has no liability to you in respect of such purchases. The identity of the relevant Retailer and the terms and conditions applicable to your purchase with them (“Retailer Terms”) will be notified to you at the time of purchase and you should ensure that you read and fully understand them before completing your purchase. The Retailer Terms will set out what rights you have against the Retailer and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable Retailer Terms. You acknowledge that breaching Retailer Terms could result in the cancellation of purchases and other benefits, and additional charges.
Limitations and exclusions of liability
These Terms set out the full extent of Kuldea's obligations and liabilities in respect of the Kuldea Website. Kuldea has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Kuldea Website (including, without limitation, any Retailer). In the event that you encounter any problems with any purchase you make or attempt to make via Kuldea, you acknowledge that you should resolve that issue with the relevant Retailer and that your sole remedy in such circumstances, including any refund, lies with the relevant Retailer and not with Kuldea. Where the Kuldea Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You may see advertising material submitted by third parties on the Kuldea Website. Each individual advertiser is solely responsible for the content of its advertising material and Kuldea accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Kuldea Website; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the Kuldea Website or any content contained provided therein.
Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.
Your liability to us
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of the Kuldea Websites or breach of these Terms.
Kuldea may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account. Kuldea may suspend your use of the Kuldea Website without notice at any time, without incurring any liability to you whatsoever.
You acknowledge that your unauthorised use of the Kuldea Website may result in irreparable damage and injury to Kuldea and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Kuldea Website. The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Kuldea Website.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to us at the address provided below marked for the attention of our ‘General Counsel’.
Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.
A person who is not a party to these Terms shall have no right to enforce any provision of theseTerms.
Irrespective of the country from which you access or use the Kuldea Website, to the extent permitted by law these Terms and your use of the Kuldea Website shall be governed in accordance with the laws of England and Wales and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of England and Wales to resolve any disputes which may arise hereunder.
If you require further information about Kuldea or have any suggestions concerning how to improve the Kuldea Website, please contact us firstname.lastname@example.org. Alternatively, you can write to us at Kemp House, 160 City Road, London, EC1V 2NX marked for the attention of our ‘General Counsel’.
This policy explains in more detail the types of cookies we use, the purposes for which we use them and how you can block and remove such cookies.
What is a cookie?
A cookie is a small file, typically of letters and numbers, downloaded on to a device when the user accesses certain websites. Cookies are then sent back to originating website on each subsequent visit. Cookies are useful because they allow a website to recognise a user’s web browser or device.
Accepting, blocking and removing cookies
Cookies on our websites may be set by us, by third parties under contract with us, or by independent third parties such as advertisers.
Our site makes use of both ‘session’ and ‘persistent’ cookies. ‘Session’ cookies remember information from page to page for filtering and completing searches before being removed when you end your session. ‘Persistent’ cookies enable our websites to recognise you when you make return visits to us, and remain stored on your computer until deleted, or until they reach a specified expiry date. Persistent cookies placed on your computer as a result of your use of our websites will never be stored for longer than 12 months from the date of your last visit. Every 12 months from the date of your first visit to the Kuldea Website you will receive a ‘Renewal of consent’ reminder on the Kuldea Website regarding your placed cookies.
The table below sets out the various types of cookies we use, why we (or relevant third parties) use them, and includes information you can use to control and learn more about the cookies used on our site.
|Cookie Type||Why we use it and additional information|
|Kuldea Search Filters||These cookies remember the filters you have applied when searching on the website and are designed to aid your search experience.|
|Kuldea Visitor Insights||These cookies allow us store a unique ID on each visitor and track their browsing of the website. It provides us the ability to match the visitor back to past visits and activities which then allows us to enhance the website by personalising the user experience to each visitor.|
|Kuldea User Access Token||The user access token is used to authenticate a logged in user. This is reset on every page load for maximum user security on the website.|
|Advertising||We use advertising solutions delivered by the third parties listed below to serve you advertisements relating to the Kuldea Services when you are on other websites. |
You can opt-out of third-party advertising networks using your information for interest-based advertising.
You will need to opt-out on each device you use to access the Kuldea Service. Your information will not be shared with our third party advertising network partners for the purpose interest-based advertising if you opt-out, however, you will continue to receive interest-based advertising from Kuldea when using the Kuldea Website.
Please note these opt-out mechanisms use a cookie on your device, and if you clear the cookies from your browser it will ‘forget’ the opt-out.
How does Kuldea make money?
Kuldea makes a commission when our users purchase a product through a retailer via a Kuldea search. Our service is free to use and the fee we receive does not affect the way we rank the products. We always order results in accordance with their application and relevance to the search requirements initiated by the customer.
If you have any questions regarding this policy or would like more information about the cookies used on our websites, please email us at email@example.com
By using the Kuldea Website you are deemed to agree to our use of your information in accordance with this policy. We encourage you take a few minutes to read through and contact us if you have any queries.
In the event of any changes to our approach, we will update this policy and post the latest version on this website page – please check back regularly to ensure you remain up to date.
What kind of information does Kuldea Website collect?
Most information that the Kuldea Website collects from you is linked to non-personal identifiers such as anonymous User IDs or device IDs and does not enable you to be identified as an individual in the offline world (“Non-Personal Information”). Such Non-Personal Information includes things like your browser type, the type of device you are using, access times, the website you arrived at Kuldea Website from, the features or functionality you selected whilst using the Kuldea Website and your general geographic location. Only if you sign up to and accept the terms and conditions of a Kuldea account, we will also collect information from you that does enable you to be identified as an individual in the offline world, such as your name and email address (“Personal Information”). In order to minimise the impact on your privacy, we will never knowingly collect more Personal Data than is strictly necessary to perform the activities described in this policy. In the event of potential abuse related to the Kuldea Website, we would use the connection information to the Kuldea Website to facilitate the identification of the person responsible.
How and when does Kuldea collect this information?
We collect information that you voluntarily provide to us during your use of the Kuldea Website. This can range from Non-Personal Information, such as your search terms you ask us to search against, to the Personal Information you are required to submit where you wish to sign up to an account on the Kuldea Website. Whether or not you provide us with this kind of information is always entirely under your control.
In addition to information that you voluntarily provide to us, we also collect certain Non-Personal Information directly from you as you use the Kuldea Website, as well as indirectly where it is provided to us automatically by the third party application, social networking site (such as Facebook or Twitter) or other website (such as a promotion partner) that you connect to the Kuldea Website from.
How does Kuldea use this information?
To deliver the Kuldea Services
We use your information to deliver the Kuldea Website and the specific features and functionality you request. This includes things like generating the search results that most accurately match your search criteria, storing your product favourites and shared products, or notifying you through alerts that you have selected to receive.
To optimise & personalise the Kuldea Services
To deliver appropriate advertising
We use Non-Personal Information, such as what you have searched for on the Kuldea Website or your general geographic location, to present you with relevant advertisements. For example, we may use third party advertisement retargeting services to send you an advertisement related to products you have searched for. We will never use your Personal Information to do this unless you authorise us to by consenting to this in the personal preferences within your Kuldea Account.
To better understand, improve and protect the Kuldea Services
We use information we collect about how users interact with the Kuldea Website in order to identify and correct faults, improve our services and inform business decisions, as well as for security and fraud-prevention purposes.
To generate aggregated datasets that inform our business and the retail industry
We use information we collect about users to generate datasets of Non-Personal Information. These datasets allow us to generate helpful product insights. For example, we can monitor demand for products to make sure the prices and options our users want are available on the Kuldea Website.
To contact you
Do any third parties collect information about me when I use the Kuldea Services?
When will Kuldea share your information with third parties?
Sharing Personal Information with third parties who process it only under Kuldea’s instruction
We share information relating to our users with selected third parties who perform services on our behalf and under our instruction (“Third Party Processors”). We ensure that any Third Party Processor which handles information on our behalf does so pursuant to contractual terms which require that the information is kept secure and, where that information contains any Personal Information, is processed in accordance with applicable data protection laws and used only as we have instructed and not for that Third Party Processor’s own purposes (unless you have explicitly consented to them doing so). Third Party Processors may be located in, or process your information, outside of the country in which you are based. Where our use of a Third Party Processor involves the transfer of Personal Data from within Europe to a location outside of the European Economic Area, we will put in place appropriate measures to ensure that the Personal Data is adequately protected in that location, most often by applying European Commission-approved standard contractual clauses and robust security checks.
Sharing your information with third parties for processing outside Kuldea’s control
We will share your Personal Information with third parties for processing outside Kuldea’s control and for their own purposes in the following two scenarios: (1) where you make a purchase with a third party Retailer from via the Kuldea Website, any Personal Information you submit as part of the sign up and purchase process will be shared with that third party in order to ensure the purchase has been processed; and (2) where you expressly authorise us to, such as where we run a promotion in conjunction with a partner and you instruct us to share your email address with that third party for the purpose of receiving promotional emails. This can be set through your Kuldea Account preferences.
Non-Personal Information, such as fully anonymised datasets containing aggregated Kuldea Website usage information or trend-level product insights, may be shared by us with third parties. As described above, third party advertising businesses may collect Non-Personal Information from you via cookies and other tracking tools whilst using the Kuldea Website.
Disclosing information for legal and other reasons
We may disclose your information where necessary to enforce our Terms of Service or other agreements, or to a prospective buyer or ultimate buyer if Kuldea itself (or part of our business) is sold. We may also disclose your information if necessary to prevent, detect or prosecute illegal or suspected illegal activities or to prevent other damage or in response to a legal action against us or to enforce our rights and claims.
How does Kuldea keep my Personal Information safe and secure?
We make the confidentiality and security of your Personal Information our highest priority and we limit access to it to only those Kuldea employees who need to come into contact with it in order to fulfil their role and enable the Kuldea Website to be provided to you. Although we do our best to protect your Personal Information, the transmission of information via the internet can never be completely secure and we are therefore unable to guarantee the security of the information which you share with us at your own risk.
Where does Kuldea store my information?
The information we collect from you is stored on secure servers in the UK. However, any Personal Information we collect from you is only stored within servers located in either the UK, Ireland, or Singapore, or in the country from which you access the Kuldea Website where required by law. Regardless of location, we ensure that adequate technical and organisational measures are in place to protect the security of any information we store on our servers.
Do third party platforms comply with this policy?
The Kuldea Website contains links to third party websites and applications and may sometimes give you the option to export information to those platforms. Please be aware that we are not responsible for the privacy practices of such third-party websites. When you leave or otherwise cease using the Kuldea Website or transfer your information from the Kuldea Services to a third party platform, we encourage you to read the applicable privacy policies of each and every third party platform that you allow to collect information from you.
How can I access or manage my Personal Information?
If you have created an account with Kuldea you can manage some of your Personal Information and preferences from within your account settings. You also have the right to ask us not to process your Personal Information for marketing purposes at any time. You can exercise this right by contacting us at any time. You can also opt-out of receiving any non-essential emails, including marketing emails, by clicking the unsubscribe link contained at the bottom of such emails. We are happy to provide you with details of the Personal Information we are holding about you at any point in time. Where you wish to make such a request, please submit it in writing, along with proof of your identity, to Kuldea Limited, Kemp House, 160 City Road, London, EC1V 2NX marked for the attention of ‘Chief Legal Officer’.
If you have any questions about this policy, please contact us via firstname.lastname@example.org, or by letter to Kuldea Limited, Kemp House, 160 City Road, London, EC1V 2NX