User Terms

1. OVERVIEW

1.1 The website at https://www.kalocaly.co.uk and any application we may publish from time to time (together, the “Website”) is designed, operated and administered by Kalocaly Ltd, a private company limited by shares, incorporated and registered in England and Wales under company number 12480179 with its registered office at 61 Bridge Street, Kington, HR5 3DJ (“Kalocaly”, “we”, “us” and “our”).

1.2 The headings used in these Terms are included for convenience only and shall not limit or otherwise affect these Terms.

2. ABOUT THESE TERMS

2.1 These terms and conditions (the “Terms”) apply when you use the Website or place an order for any Product (an “Order”) with us. By using the Website or placing an Order with us, you are agreeing to accept and be bound by these Terms including any additional terms and policies (such as our Privacy Policy and Cookies Policy) which we refer to in these Terms.

2.2 These Terms govern your access to, and use of, the Website and the content and services made available through the Website including our e-commerce services (together, the “Services”).

2.3 Use of your personal information submitted to or via the Website is governed by our privacy policy which can be viewed at https://www.kalocaly.co.uk/privacy-statement-uk (the “Privacy Policy”).

2.4 We may use cookies on our Website and in communications sent to you to improve the functionality of the Website and to better understand how our users navigate around our Website, use our services and engage with our communications. Our use of cookies is set out in the policy which can be found at https://www.kalocaly.co.uk/cookie-policy-uk (the “Cookies Policy”).

2.5 Products purchased via the Website (each a “Product”) are purchased subject to these Terms. By placing an Order for any Product on the Website you agree to be bound by these Terms in their entirety.

2.6 Your statutory rights are not affected by these Terms.

2.7 The Website and Services are not intended for persons under the age of eighteen (18) years old (or the age of majority in your country). If you are under the age of 18 or under the age of majority in your country, you may not buy Products from the Website.

3. CHANGES TO TERMS

3.1 In order to provide with you with the best products, services and experiences, our Website is constantly evolving. We reserve the right to update, change or replace any part of these Terms, the Privacy Policy and/or the Cookies Policy by posting updates to the relevant pages of the Website. Where you have made an Order with us and/or otherwise interacted with us such that we have your email address, if we consider changes to any of the above documents to be particularly important, we will send you an email notifying you of the changes to the email address registered by you with us. It is your responsibility to check the relevant pages periodically for changes, and to review the Terms each time you make an Order. Your continued use of or access to the Website following the posting of any changes to these Terms including without limitation making any Order constitutes acceptance of those changes. We recommend that you save or print a copy of these Terms (and any amended Terms) for full reference.

3.2 You will be subject to the Terms in force at the time that you make an Order for any Product or Service from us, unless any change to those Terms is required by law and we have notified you of the change by email, in which case it may apply to an Order previously placed by you.

4. GENERAL CONDITIONS

4.1 You represent and warrant that all Products ordered by you are for your own private and domestic use only and are not for resale.

4.2 We reserve the right to suspend the Website at any time for operational, regulatory, legal or other reasons. We may in our sole and absolute discretion terminate your use of the Website, and may decline to permit you to make any Order and/or may cancel any Order that has been made but not fulfilled, with immediate effect if you breach any of these Terms.

4.3 Certain parts of the Services may need to be provided through electronic communication channels including without limitation e-mail, SMS and phone. You agree that we may contact you for Service-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.

4.4 English is the language used for placing Orders and communicating with us.

5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

5.1 We are not responsible if information made available on the Website is not accurate, complete or current. Information contained in our blog represents the opinion of the writer and may not reflect the opinion of Kalocaly.

5.2 Any reliance on the material on the Website is at your own risk.

5.3 We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website.

6. MAKING AN ORDER FOR A PRODUCT

6.1 All Orders are subject to availability.

6.2 The essential characteristics and the price of each Product is displayed on the Website.

6.3 To place an Order for the purchase of one or more Products via the Website, you must fill out the online Order form and send it to us electronically, following the relevant instructions displayed on the Website.

6.4 When you place an Order with us on the Website, a legally binding contract between you and Kalocaly incorporating these Terms comes into effect automatically. Please read and check the contents of your shopping basket and all information provided to us carefully before submitting an Order to us. The cancellation terms set out in paragraph 10 apply to you from the point that you submit an Order.

6.5 By submitting an Order, you accept full responsibility for having checked all allergy advice relating to the Products available on the Website and having completed a 24-hour skin test prior to using any Product purchased from the Website.

6.6 Once we have received your Order, you will receive an Order confirmation email that indicates your Order number and contains information about the details of your Order and the expected delivery timeline.

6.7 In some limited circumstances, we may contact you to tell you that we have cancelled your Order. This is typically for one or more of the following reasons:

(a) the Product(s) are not available;
(b) we cannot authorise the payment;
(c) you are not allowed to buy the Product(s) from us;
(d) we are not allowed to sell the Product(s) to you;
(e) you have ordered too many Product(s);
(f) there has been a mistake on the pricing or the description of the Product(s);
(g) or you have breached any of these Terms and we have elected to terminate your Order in accordance with paragraph 4.2.

6.8 We shall have no liability for any Order that is cancelled by us in whole or in part. Our decision to cancel one or more Products making up an Order shall not entitle you to cancel any other Products contained within that Order other than in accordance with paragraph 9.

6.9 We will email you to confirm that the Order has been shipped to you.

6.10 Our first fifty (50) customers will be entitled to receive a £5.00 discount (the “Promotion”) off the total value of their Order, which shall not be subject to a minimum quantity. Customers taking part in the Promotion can pre-order their chosen Products and use the coupon code available on the Website from time to time when finalising their Order to obtain the discount. We do not guarantee that every Order will receive the discount in accordance with the Promotion.

7. LEAD TIME

7.1 On average, the time period between the date of the Order and the date on which the Product(s) are dispatched for delivery is between 14 and 21 days. This period commences on the working day on which payment is received by us.

7.2 Items that are part of an Order in respect of which your feedback is required may take longer.

7.3 Boxed gift cards are normally dispatched for delivery approximately 2 to 4 working days after receipt of your Order.

7.4 Time is not of the essence with regards to the delivery of Products by us. Unforeseen acts of nature beyond our control, other force majeure events or delays with our delivery agents may cause a delay, for which we may not be held responsible. While we aim to dispatch the majority of Products within the 14 to 21day timeframe, the timeline is only an estimate for your reference and cannot be guaranteed.

7.5 If you require any Product by a specified date, you must notify us in advance of making the Order and seek our confirmation that the Product(s) can be delivered on or before the required date prior to making the Order.

8. DELIVERY

8.1 We offer shipping to locations within the United Kingdom only and use the services of Royal Mail’s 2nd Class delivery system as standard with no option for faster deliveries. In exceptional cases, we may use other courier services if (in our opinion) that is the only viable solution.

8.2 All deliveries will be free of charge regardless of the quantity of Products ordered.

8.3 Once the Order is shipped, you will receive an email notification with a tracking number for the package.

8.4 Delivery of the Products will take place when they are delivered to the delivery address that you gave to us at the time of placing your Order. We cannot be held responsible if the delivery address that you provide to us is incorrect or incomplete. You are responsible for the Products when delivery has taken place. Delivery takes place when the Product(s) are handed to you by our delivery agent, left in a designated safe place or provided to another member of your household or neighbour in accordance with any instructions you give to the delivery agent. We are not responsible for any loss or damage to any Product arising after delivery has occurred.

9. CANCELLATION AND RETURNS

9.1 You may cancel an Order for any Product prior to us sending the shipping email referred to in paragraph 8.3. Thereafter, you may not return a Product that has been delivered.

9.2 You must contact us as soon as possible in the event that you wish to cancel an Order.

9.3 If any unused Product is faulty or damaged, you must notify us of the nature of the damage providing photographs where relevant as soon as possible after delivery of the Product and you must return the faulty or damaged Product to us within 30 days of delivery of the Product to you. We will either pay you a refund or a provide a replacement.

9.4 Certain of our Products are handmade and so there may be minor variations between Product(s).

9.5 In the event that you suffer an allergic reaction solely as a result of using a Product, on condition that you provide proof of such allergic reaction to us no more than 48 hours from receipt of delivery of such Product and you carried out a skin test prior to ordering the Product, we may offer you a refund for such Product. A decision to refund any product will be determined by us in our sole and absolute discretion.

9.6 By making an Order you undertake not to make a chargeback in breach of the cancellation terms contained in this paragraph 9, and/or otherwise in breach of these Terms. You acknowledge and agree that we will robustly defend any chargeback that has been made in breach of these Terms (whether or not honoured by your payment provider) and will pro-actively seek to recover lost sums from any person who has made a chargeback in breach of these Terms.

10. PRODUCTS

10.1 Certain Products may be available exclusively online through the Website. There may be limited quantities of these Products.

10.2 The images of the Products on the Website are for illustrative purposes only. We have made every effort to display as accurately as possible the colours and images of our Products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate. Your Product may vary slightly from those images.

10.3 We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction or to persons that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 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.

10.4 All descriptions of Products and Product pricing are subject to change at any time without notice, in our sole and absolute discretion.

10.5 We reserve the right to discontinue any Product at any time.

10.6 We do not warrant that the quality of any Product, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

10.7 Prices for the Products are subject to change without notice. When you make an Order with us, the price is confirmed as part of the check-out process.

10.8 Unless stated otherwise, the prices of the Products are inclusive of Royal Mail 2nd Class delivery and any other related charges. Where applicable, these charges will be set out at the final stage of the Order process.

10.9 Discount codes are only valid on full-price items and cannot be combined with any other offers. We may remove discount codes at any time without notice. Your receipt of a discount code does not constitute an offer binding on us to permit you to purchase any Product at a discounted rate.

10.10 We reserve the right at any time to modify or discontinue the Products (or any part or content thereof) without notice at any time.

10.11 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.

11. PAYMENT OPTIONS

11.1 We use Stripe, Paypal and Apple Pay to process all payments for Orders. We accept the following credit cards and debit cards: Visa, Mastercard and American Express.

11.2 Payment information submitted by you where Stripe is the payment provider is submitted directly to Stripe. We do not receive your payment details and they are stored via Stripe in accordance with its terms of service.

11.3 Payment information submitted by you where Paypal is the payment processor is submitted directly to Paypal. We do not receive your credit card details and they are stored via Paypal in accordance with its terms of service. We may receive your Paypal account details from Paypal.

11.4 We will do all that we reasonably can to ensure that all of the information you give us when paying for Products is secure by using an encrypted secure payment mechanism. However, in the absence of gross negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

11.5 Your credit card or debit card will be charged at the point of placing your Order. If we are unable to fulfil any items in your Order, or your whole Order, you will be refunded such part of the Order that we have not been able to fulfil, and we will contact you to confirm.

11.6 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
(a) verified by Visa;
(b) Mastercard®SecureCodeTM;
(c) American Express SafeKey; and
(d) PayPal.

11.7 If your payment has not been received by us but you have already received the Products, you must pay for such Products within 30 days.
11.8 The price of the Products:
(a) is stated in pounds sterling (£)(GBP);
(b) includes VAT / sales tax at the applicable rate for all customers in the United Kingdom; and
(c) includes the cost of delivering the Products.

11.9 You agree to provide current, complete and accurate purchase and account information for all purchases made via our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

12. YOUR USE OF THE WEBSITE

12.1 You acknowledge that you are responsible for any content that you submit via the Website including the legality, reliability, appropriateness, originality, and copyright of any such content.

12.2 You must not use, access, store, distribute or transmit any content during the course of your use of the Website that:
(a) contains viruses, worms or code of a destructive nature;
(b) in any way causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website; or
(c) in any way is harmful, unlawful, illegal, abusive, harassing, offensive, hateful, inflammatory, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order.

12.3 You shall not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by these Terms and except to the extent expressly permitted under these Terms:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Website in any form or media or by any means; or
(ii) attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website including without limitation any artificial intelligence functionality used by or embedded in the Website; or
(b) access all or any part of the Website and/or Services in order to build, maintain or deliver a product or service which competes with the Website and/or Services; or
(c) use the Website to provide commercial services to third parties; or
(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or make the Website available to any third party, or
(e) attempt to obtain, or assist third parties in obtaining, access to the Website other than as provided under these Terms; or
(f) introduce or permit the introduction of any Virus or Vulnerability into our network and information systems.

13. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in relation to the Website, the Products, the Services and any associated design software and designs, data sheets, packaging and literature are and shall remain (as between you and us) our sole and exclusive property and no licence to use such intellectual property rights shall be implied.

14. PERSONAL INFORMATION

14.1 We only use your personal information in accordance our Privacy Policy.

14.2 When placing your Order, you may be invited to create an account. You may do this by providing your personal details and your email address. You then will be prompted to set up a password to access your account.

14.3 You warrant that all information provided by you is true, accurate, current and complete in all respects, and you undertake to update us if such warranty becomes untrue.

14.4 The personal information you enter when you make an Order is used solely for Order processing and promotion purposes. It will only be disclosed to the third parties directly involved in the production of your Order, or promotion.

14.5 In addition to personal information provided by you, we also log IP addresses and any referral links. This information is used solely for statistical purposes and to investigate cases involving abuse / fraud.

14.6 All personal information is stored for up to 6 years after the financial year when the Order was placed to meet our legitimate interests, to facilitate compliance with guidance by the UK tax authorities, in order to facilitate a renewed trade and for the investigation of fraud.

14.7 For details on our retention policies, and for other matters relating to your personal data, please see our Privacy Policy.

15. THIRD PARTY LINKS

15.1 Some content which is available via the Website may include materials from third parties.

15.2 Some links on the Website may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

15.3 We are not liable for any harm or damages related to the purchase or use of Products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

16. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

16.1 If, at our request, you send certain specific submissions (for example contest entries) 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 to (1) keep any Comments confidential; (2) pay compensation for any Comments; and/or (3) respond to any Comments.

16.2 We may, but have no obligation to, monitor, edit or remove comments that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

16.3 You agree that your Comments will not violate any third party’s rights, including copyright, trade marks, privacy, or any other personal or proprietary right anywhere in the world.

16.4 You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect our business including the operation of the Website.

16.5 You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments.

16.6 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.

17. ERRORS, INACCURACIES AND OMISSIONS

17.1 Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information is inaccurate at any time without prior notice (including after you have submitted your Order).

17.2 We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website or on any related website has been modified or updated.

18. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

19. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

19.1 We do not guarantee, represent or warrant that your use of the Website and the Services will be uninterrupted, timely, secure or error-free.

19.2 We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

19.3 You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you. In no case shall we, 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 Website, the Services or any Product purchased via the Website, or for any other claim related in any way to your use of the Website 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 posted, transmitted, or otherwise made available via the Website, 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.

19.4 Nothing in this paragraph 19 shall have the effect of excluding our liability for death or personal injury caused by our negligence, fraud or any other matter not capable of being excluded by applicable law.

20. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kalocaly Ltd 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 the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

21. TERMINATION

21.1 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Website.

21.2 We also may terminate this contract at any time without notice if we suspect that you have breached any of these Terms, this includes, but is not limited to, if we suspect you have engaged, or are about to engage, or have way of being involved in fraudulent or illegal activity on the Website.

21.3 Following termination, we may deny you access to the Website or any part of the Website including but not limited to the ability to place further Orders via the Website.

22. NO WAIVER AND ENTIRE AGREEMENT

22.1 The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

22.2 The Terms including any additional terms or policies which are incorporated into the Terms constitute the entire agreement and understanding between us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

23. THIRD PARTY RIGHTS

No one other than a party to this contract has any right to enforce any term of this contract.

24. SEVERABILITY

If any provision of the Terms is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

25. DISPUTES

25.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Products, our service to you, or any other matter please contact us at hello@kalocaly.co.uk as soon as possible. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you; and
(b) give you certain information required about alternative dispute resolution.

25.2 The laws of England and Wales will apply to this contract and the courts of England and Wales shall have exclusive jurisdiction in relation to this contract.

26. QUESTIONS OR CONCERNS

If you have any concerns about material which appears on our site, please contact us by email at: hello@kalocaly.co.uk.