Terms & Conditions
These are the Terms & Conditions for use of the Kelandy Designs Website
Terms & Conditions
Section1: USE OF THE SITE
Terms and conditions for the supply of goods through the Kelandy Designs online store (kelandydesigns.co.uk). These Terms and Conditions shall apply to all contracts entered into by Kelandy Designs Jewellery (“Kelandy Designs Jewellery, “we”, “our”, or “us”). By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms & Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Our store is hosted by WIX who provide us with the online e-commerce platform that allows us to sell our products and services to you.
Section 2: SITE ACCESS AND CHANGES
Our website changes regularly and access to this site is permitted on a temporary basis. We aim to update our site regularly, and may change the content at any time, including the product details and pricing without notice. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them.
Section 3: CONTRACT
No contract will exist between you and Kelandy Designs for the sale of any product unless and until Kelandy Designs Jewellery has accepted your order with a confirmation email and a full payment is taken from your credit/ debit card or via Paypal. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts.
Kelandy Designs reserves the right not to accept your order in the event that we are unable to obtain authorisation for payment, if shipping restrictions apply to a particular item, if the item ordered does not meet our quality control standards and is withdrawn, out of stock or if there is an error in pricing or content. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable for any indirect or consequential loss, damage or expenses arising from not accepting your order and we shall have no liability to you, by way of compensation, other than to refund the amount paid for the goods in question.
Section 4: ORDERS & PAYMENT
By purchasing on this site you confirm that the Paypal account or credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the Paypal account or credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment we will not be liable for any delay or non-delivery. Payment can be made by Paypal or Stripe via your credit/debit card linked to your Paypal / Stripe account. Also by any other methods that may be advertised on our website site.
All credit/debit card transactions on this site are processed using Pay Pal, or Stripe which are secure online payment gateways which encrypt your card details in a secure host environment.
The prices payable for ordered goods are as set out in our website in GBP (UK Pounds). All prices are inclusive of the UK VAT. Delivery charges will be clearly displayed when selected and included in the total cost.
When you place an order with us it will be deemed that you have read, understood and agreed to the following Terms & Conditions. If you are unhappy with any part of these terms and conditions, you should contact us before placing an order, either by emailing kelandydesigns@gmail.com or messaging us via the website.
When you place an order, we will require your name, email address, credit/debit card, phone and address details. This information is required in order to process your request or inform you of acceptance of your order. A contact phone number is needed so that we can get in touch should we encounter any problems with your order.
If you opt to checkout via Paypal, we will receive the details that are on your Paypal account. It is imperative all details on Paypal are correct and up to date prior to any order. Kelandy Designs will dispatch your order to the address stated on Paypal and will take no responsibility for items dispatched to an incorrect address due to buyer error.
Please note, although unlikely, we may be unable to meet your order as a result of the following reasons:
• If the product you ordered is out of stock
• We are unable to authorise your payment
• If it is identified that there is a product description or pricing error
• If customers do not reach any order criteria outlined in the Terms & Conditions
Please also note that as the monitors/screens of electronic devices vary in nature and resolution, we cannot guarantee that your monitor’s representation of any colour will be completely accurate.
Section 5: PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Milk Based jewellery – Kelandy Designs reserves the right to use the smallest amount of remaining mixed mik resin to produce a small cabochon sample piece which will be retained for the period of one year as a comparison against any suggested deterioration of your jewellery above and beyond realistic expectations. At the end of a 1 year period it may be discarded at the discretion of Kelandy Designs
Section 6: POSTAGE OF INCLUSIONS - TIMEFRAME
It is expected that you, the customer, will provide the inclusions to us within six months of placing your order. Should six months lapse without any inclusions arriving, we will convert your purchase to store credit and notify you. Following a further 3 months
If we have still not received the necessary inclusions, we will no longer honour your order, and no refund will be given.
Section 7: TIMESCALES FOR COMPLETION OF ORDERS
Our current timescale for completion of orders placed will be detailed in your confirmation email. If there is any significant delay during the turnaround time, we will contact you to inform you and give you a new estimated turnaround time. Our timescales are subject to change at any time depending on multiple external factors including but not limited to volume of orders, annual leave, festive periods and ill health.
Section 8: ORDER CANCELLATION
Unless you cancel your order within 5 working days after full payment has been made, acceptance of your order and completion of the contract between you and Kelandy Designs will be completed when the goods have been dispatched.
To cancel your contract you must notify us of your decision by email here using the subject heading ‘Cancellation’ and supplying your order number and address. Any returns after the 5 day period stated above will be at the discretion of Kelandy Designs.
Section 9: DEFECTIVE AND DAMAGED ITEMS
All parcels must immediately be opened in the presence of the Courier upon receipt of the goods, to verify that the Goods are contained in the parcel are untampered with and undamaged. You acknowledge that if you fail to do this and subsequently find the Goods are not contained therein, or have been damaged during delivery, we may not be able to claim against the Courier or against our insurers. Accordingly, if you do fail to do this, you agree that you will be solely liable for any such loss or damage and shall waive, release and indemnify us from and against any claims relating thereto, to the fullest extent permitted by applicable law.
If you should receive an item that is defective, damaged or not what you ordered, please contact us here within 21 working days. We will help you resolve any issues as quickly as possible by replacing the item, once the faulty item has been returned to us by post. We will confirm the return address in writing, once you have contacted us about the fault.
Section 10: REFUNDS AND EXCHANGES
In the unlikely event that you are unhappy with your order please don’t hesitate to contact us here.
Each piece of Kelandy Designs jewellery is made to order, therefore we cannot offer a refund on a piece unless it is found to be faulty. In certain circumstances we may be able to offer an exchange for another piece.
Our refund policy is available here on the website.
Upon receipt of items, following inspection of the item and approval for refund, the Paypal account, credit or debit card originally used for the purchase will be credited with the cost of the goods minus the delivery charges (exceptions may apply). We will process your refund within 48 hours of receipt. Your credit card company may take 4-7 working days to credit your account.
Section 11: RETURNS
Our bespoke items are exempt from any distance selling regulations, and are non-returnable. In the event of a faulty item we will endeavour to remake the item in a timely manner. For more detail, please review our Returns Policy.
Section 12: USER FEEDBACK, COMMENTS AND FORM SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 comments 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 comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 13: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kelandy Designs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 14: LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Kelandy Designs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 15: INTELLECTUAL PROPERTY
The entire content of this website, including all jewellery designs, photographs, logo, copyright, trademarks and other intellectual property rights it contains, including the use of the name Kelandy Designs is the sole property of Kelandy Designs. You may store, print and display the content supplied solely for your own personal use and you may draw the attention of others within your organisation to material posted on our site. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise. By using this service, you agree that you will not attempt to undermine the integrity of this website.
Section 16: CHANGES TO TERMS & CONDITIONS
You can review the most current version of the Terms & Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 17: AGREEMENT
These terms and conditions set out the entire agreement between you and Kelandy Designs in respect of the sale, purchase and use of the goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. No variation of these terms and conditions are binding on us unless agreed by us in writing.
CONTACT INFORMATION
If you have any questions about these Terms & Conditions, please contact us at kelandydesigns@gmail.com