PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

This page explains how you may use this website and contains the legal terms and conditions on which we sell products to you. On this page, the words “we”, “us” and “our” refer to Krystellie Fashion. By using this website or any sub-site accessible on this website, the user (“user” or “you”) accepts without limitation of qualification, the Terms of Use, whether or not you are a registered member of Krystellie Fashion.

It is important you read this page carefully, as it forms part of the contract between us. Our relationship is subject to these Terms, which impose certain responsibilities upon you and explains the exclusions and limitations of our liability to you in the event of loss or damage.

We may change these Terms of Use at any time without notice and you should review this page regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms and Conditions, you should not use this website.

You should print and keep a copy of these Terms for future reference.

 

Site Operation and Ownership

Krystellie Fashion is a sole proprietorship, Our address is Thompson Yard, South Bank Road, Middlesbrough, TS3 8RQ.

 

Registration

You will need to register with Krystellie Fashion to place an order for products through this website. This can be as a ‘guest’ with no need to create an account.

In return for allowing you to use this website and benefit from our services, you agree that any information you provide us about yourself will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If any incorrect information is supplied, any contractual obligation we have is immediately null and void.

 

Conditions of Registration

We do not sell the products for purchase for children. We sell children’s products for purchase by adults. You may only purchase from the site if you are at least 18 years old unless you have express permission from your parents or guardian. If you are under 18, you must ask your parents or guardians before you:

• Email the website, or ask us to email you anything
• Send in any information to us
• Buy anything online

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of a parent or legal guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents or guardians before they complete the registration process.

Copyright

You acknowledge and agree that all content included on this website including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in us or our content suppliers and is protected by UK and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of ours or its owner. Nothing in these Terms and Conditions grants you any legal rights in the website or sub-sites other than as necessary to access the site or sub-sites.

All software used on this website is the property of Krystellie Fashion, and we are protected by UK and international copyright laws. ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with us and using this website as a shopping resource only. Any other use of materials on this website including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without our prior written permission is strictly prohibited.

Notification of Copyright Infringement

We will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice (“Notice”) containing the following elements.

1. A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
3. A description of the location of the material that you claim is being infringed;
4. Information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
6. A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner’s behalf.

You can notify us of any claims of copyright infringement at the following address:

Krystellie Fashion,
Thompson Yard,

South Bank Road,

Middlesbrough,

TS3 8RQ

Content Supplied by Users

If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which we use such material.

Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by us anywhere in the world, in any medium, in perpetuity.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of this website’s ‘Privacy Policy’ which is part of these Terms and Conditions.

Amending The Terms and Conditions Of Use

We may add to, change or remove any part of these Terms and Conditions at any time. Material changes to our Terms and Conditions will be published on the home page of our website, notifying users that such changes have been made. Continued use of the website after the publication of such a notice confirms your agreement to be bound by the variations made by us. It is your responsibility to check these Terms and Conditions from time to time to verify such amendments. We may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Privacy

Krystellie Fashion treat customer privacy extremely seriously. Our Privacy Policy provides details about the type of information we may collect from you and how we may use this information. You are asked to read our Privacy Policy, which forms a part of these Terms and Conditions and sets out the way in which your personal data is handled by us.

Site Usage

You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission. You agree that you are solely responsible for keeping your password and other account details confidential.

Purchasing Goods

Our Help section provides full details on how to order and pay for products. It also addresses any queries you may have about delivery of your products, your right to cancel orders and/or return faulty products and our quality assurance.

We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice.

Multiple Promotions And Discount Codes

Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts. Only one discount code is applicable per order. We are not responsible for offers listed on third party websites and cannot honour offers that were not expressly authorised by Krystellie Fashion.

Product Orders

All orders placed through the Website are subject to acceptance by Krystellie Fashion. We reserve the right to refuse to accept or cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Krystellie Fashion will issue you a refund.

International Orders

If goods are being delivered outside the EU, any customs or import duties levied by the government of the destination country must be borne by the recipient.

Although in many cases the order value will be under the threshold and no duties will be applicable, Krystellie Fashion has no control over these charges and cannot predict what they may be. Customs policy vary wildly from country to country and are subject to change. We would recommend you contact your local customs office for information prior to placing any order.

Krystellie Fashion accept no liability for these charges. By placing an order you acknowledge the recipient accepts liability for any charges applied by their government (including, but not limited to taxes, duties and holding fees).

Furthermore, Krystellie Fashion will not be liable for any additional costs incurred as a result of customers refusing to pay the applicable customs charges and will charge accordingly for any charges we incur as a result of the recipient refusing to pay the applicable charge levied at Customs.

Availability

Krystellie Fashion will endeavour to display availability as accurately as possible.

In the event we are unable to supply the goods requested we will do our best to find you a suitable alternative that you are happy with, however we will not be bound to offer alternatives of a greater value to the original item, and you may be required to pay a difference.

If you do not wish for an alternative product we will cancel your order, however please be aware that funds may take a few days to reach your account.

In the event of a shortfall of stock received from suppliers for pre-order items, we will fulfil orders in chronological order and will contact any customers who have missed out to discuss alternatives.

Pre-Order dates are provisional and although the majority of stock is received on time, these are often beyond our control and we cannot be held responsible for any costs incurred for your time, or services you’ve paid for, if there are delays or non supply of product.

Cancellation

In accordance with the Consumer Contracts Regulations 2013 you have 14 consecutive days from the day after you receive your parcel to cancel your contract with us.

Should you wish to do this we require written notification via email or post. You may do this either before you receive your parcel or it can be placed within the parcel upon its return.

Please fill out our return form and include it within the parcel, otherwise we may not be able to identify the return as yours.

If goods have already been dispatched to you, you will be expected to cover the costs of the return, or pay for the cost of the retrieval if the courier hasn’t delivered yet. Please note, retrieval will not always be possible but we will endeavour to do so where possible.

We regret that we are unable to cancel orders for personalised items – once the personalisation process has begun.

Any non-personalised cancelled item must be returned to us in a resalable condition, unused and complete with tags and original packaging. We are unable to accept returns of product which does not comply with this requirement. When returning, please protect product packaging by using additional outer packaging and avoid placing postage labels or tape on the product packaging.

You are responsible for ensuring the safe return to us of the product in a resalable condition.

Personalised Items

Personalised items refer to any product which is customised

Krystellie Fashion regret that once an order containing personalised items have been picked, it cannot be changed or cancelled.

All personalised items cannot be returned unless deemed to have a genuine fault of manufacturer.

Krystellie Fashion reserve the right to utilise our knowledge and expertise and positioning of the personalisation on the product.  Examples shown on the website are for illustrative purposes only and may vary depending on the specific item. Please contact our team before ordering if you require further information about the finished look.

Our experienced team will also choose the most appropriate colour for the personalisation. However, we will accept requests for a specific colour, but you should contact us prior to placing the order to request this as we may be unable to change once the order has been processed through our system.

Parcels Lost in Transit

Krystellie Fashion are responsible for ensuring that goods in transit to you are at least attempted for delivery and in the case you are unavailable to receive the parcel our customers service team will help you locate and collect the order from the relevant delivery agent.

In the event that you have not received your parcel within the specified delivery time shown in the basket, please contact our Customer Service Team who will assist you.

We ask that we are given sufficient time to investigate with our delivery agents before either replacing or refunding goods. Investigation time is often longer for parcels sent outside Europe.

We will not keep you waiting longer than necessary but we find that the majority of parcels are located after investigation and this is a faster solution than sending a replacement.

If delivery is being made to a commercial address (work/hotel), responsibility for locating the parcel rests with the customer as soon as we confirm the parcel has been delivered to the reception area of the requested building. Krystellie Fashion cannot accept liability for parcels lost or misplaced after delivery is confirmed.

Returns

All goods supplied by Krystellie Fashion are covered by the normal manufacturer warranty. If an exchange or refund is required then the items must be returned to us, in their original condition and packaging, within 28 days of your purchase (extensions can be arrange for Christmas and gift presents – contact our customer service team prior to placing your order to arrange).

Unfortunately, we are unable to accept the return of personalised items unless it is the fault of the manufacturer. This does not effect your statutory rights.

We are unable to accept the return of items which are not in the original condition, including all tags and original packaging. If any item shows a sign of wear or is not in a resalable condition they will not be accepted for return.

We reserve the right to refuse to refund or exchange goods which are deemed to be damaged or tampered with not in accordance with normal use. This does not effect your statutory rights.

Please address return parcels to: Krystellie Fashion Thompson Yard, South Bank Road, Middlesbrough, TS3 8RQ

Links

We may provide links to websites owned by us and associated companies from time to time and/or websites that are owned by third parties that are not connected with us including other websites owned by us. All links are provided for your convenience only. Access to websites that are owned by third parties is at your own risk and we do not have any responsibility or liability for such third party websites. Your use of a third party site may be governed by the terms and conditions of that third party site.

Limitation of Liability

To the fullest extent permitted by applicable laws, neither we nor any of our respective owners, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if we have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall our total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

Complaints and Comments

If you have any complaints or comments about our website or any of the products supplied to you, please contact us by calling our Customer Service Team or emailing [email protected] or through the Contact Us section on our website. Our Customer Service Team are available 9am – 5pm weekdays and 9am – 3pm on Saturdays. Please allow 24 hours for us to respond to enquiries.

Fraud Prevention

To help prevent credit/debit card fraud, we may request additional information should we have any concerns with your order. This may take the form of billing address or simply a conversation to clarify some issues to address our concerns.

Under no circumstances will we ever request card details from you and these should never be provided under any circumstances.

Any details which are confirmed as fraudulent are passed to the UK police force in cooperation with Action Fraud (http://www.actionfraud.police.uk). Credit card fraud is illegal and we will cooperate with all domestic and international police/crime prevention agencies and seek to prosecute all perpetrators to the fullest extent of the law.

Disclaimer

This website and its contents are provided without any representations or warranties of any kind, either express or implied. We disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, we do not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.

Governing Law

These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of England and Wales whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under English law.

Force Majeure

Krystellie Fashion shall not be liable for any failure to perform it’s obligations where such failure is the rest of acts of Nature (including fire, flood, earthquake).