Overview
This website is operated by Keepsakes by Kendall. Throughout the site, the terms "we", "us" and "our" refer to Keepsakes by Kendall.
Keepsakes by Kendall offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
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", including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions 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 and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and 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. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Our store is hosted on SumUp. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
If you have any queries about these terms, please contact us via email at [email protected], or the provided contact form.
Products or Services
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided.
Every effort is made to ensure we provide an accurate representation of our products. The colour(s) of the products in the material we display may vary from the physical product, this is due to circumstances deemed beyond our control such as your device display settings and/or lightning/photography.
Any prop(s) used for display and/or photography purposes is not for sale and will not be included in your order.
All information we provide regarding the size, weight, capacity or dimensions of a product is approximate only.
We are not liable for any damage, defect and/or change in appearance that a product may incur as a result of you, or a third party, not adhering to the care instructions we provide.
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 anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Whilst every care is taken, on occasion, minor anomalies such as bubbles, ripples or dust particles may be present in the finished item. This is due to the nature of the resin and its curing process, and is a circumstance deemed beyond our control.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Placement of an Order
As the customer, you are responsible for the item(s) you purchase being fit for your intented purpose.
A contract will only come into existence between "you" the customer, and ourselves, once your order has been processed and dispatched.
When you place an order you are doing so in acceptance of the Terms and Conditions and it is important that you have read and understood them before the order is placed.
All orders are to be paid in full using a valid debit or credit card.
You will receive a confirmation email, after your order has been placed, to the email address you provided during checkout.
By placing an order via our website, you warrant that:
- You are not a minor or otherwise legally incapable of entering into a binding contract.
- The personal details which you provide on registration are fully complete and accurate.
- You are not using a false name or address, or the name, address or payment details of any other person or body which you are not authorised to use.
In the unlikely event that an item is no longer available after purchase, we will advise you, and offer a suitable replacement, or full refund.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).
Cancellation, Returns and Refunds
Our Cancellation, Returns and Refund Policy excludes any personalised, bespoke or custom made items.
For any reason, should you wish to cancel your order, please contact us via the email address; [email protected], or via the contact form available on our website.
If you cancel prior to your order being processed, we will not dispatch the item(s) and instead a full refund will be issued via your original method of payment.
In the event that you wish to cancel, and your order has been dispatched and/or delivered, you will have 14 days from receipt of your order, to contact us, via the above methods, to confirm cancellation of your order. Once your cancellation request has been communicated to us, you will have 14 days to return your order in it's original packaging.
We will not be held responsible and/or liable for any costs you may incur as a result of you cancelling, and returning your order to us. We highly recommend, that when returning your order, you use a company that provides a reliable tracking service.
Upon receipt of your order, providing all items are included, and not marked, damaged, scratched or otherwise manipulated, we will issue a full refund, within 14 days, to your original method of payment.
In the event you return an order, and it fails to reach us, we will not be held responsible, liable and/or be required to contact the delivery company on your behalf, nor will you be due any amount from ourselves in the form of a refund.
Due to hygiene reasons, earrings of any type, may not be returned. Necklaces may be returned, providing they are in their original, sealed packaging. If packaging has been opened, damaged, and/or tampered with, then a refund will not be issued.
Shipping
We offer UK shipping only, excluding the following;
Channel Islands
Scottish Highlands/Islands
We aim to dispatch your order within 1-2 working days from the order date. We reserve the right to amend our dispatch times accordingly during busier periods of the year.
Orders will be shipped via Royal Mail and delivery is estimated within 2-3 working days from the dispatch date. Please be aware delivery times can increase during the Christmas period. If you do not receive your order within 7 days of the dispatch date then please contact us via the available channels.
We shall not be held liable for any injury, claim, loss, loss of earnings, loss of profits, replacement costs or any similar damages should the following occur;
- Your order is not delivered within the estimated time frame of 2-3 working days.
- Your order is delivered to a neighbour or a safe place as no persons were available at the provided address to take receipt of the delivery.
In the event Royal Mail are unable to deliver your order and it is subsequently returned to ourselves, we reserve the right to pass on to you any additional delivery charge this may incur.
Occasionally, due to events beyond our control we may be prevented from delivering your goods as planned. These events might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We are not responsible and cannot be held liable for any delay or failure in delivering your order.
Damaged or Faulty Items
You will be responsible for contacting us via the available channels within 2 working days of receiving your order, should it arrive damaged or faulty. You will be required to provide photographic evidence, as well as a brief description explaining the damage or fault that has occured.
It is at our discretion whether we offer you a replacement item or refund.
Where we believe you are entitled to a refund or replacement item, we will require you to return the damaged or faulty item(s) to ourselves. We will not action your refund or replacement until we are in receipt of the returned item(s). We will not be liable for the cost of returning any damaged or faulty item(s) to ourselves.
We reserve the right to refuse a refund or replacement item should we deem the damage or fault to have not occurred during the shipping or delivery process.
In the event we provide you with a replacement item due to your purchase being damaged or faulty, we are not at liberty to supply you with an item identical to your original purchase.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
Price, Product and Site Modification
Prices for our products are subject to change without notice.
Promotional prices only apply during the period stated and we reserve the right to remove at any time without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site, or in the Service, 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 in the Service or on any related website is inaccurate at any time, without prior notice (including after you have submitted your order).
Material on this site is provided for general information only and may contain historic information. Any reliance on the material from this site is at your own risk.
We undertake no obligation to update, amend or clarify information on this site, or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the site, or on any related website, should be taken to indicate that all information on the site, or on any related pages, has been modified or updated.
User Comments, Feedback and Other Submissions
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 (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, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
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 email 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.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any UK and/or International 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 or of any related 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 Service or any related website, other websites, or the Internet.
You must not transmit any worms or viruses or any code of a destructive nature.
We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not make any warranties regarding any matters relating to the use of this website and it is a matter for you to ensure that your own equipment is protected from viruses or other external factors
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 Keepsakes by Kendall, our directors, officers, employees, affiliates, agents, contractors, 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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Your rights are protected by the Sale of Goods and Supply of Services Act, 1980, and also the Consumer Protection Act, 2007, where you are a consumer. Nothing in this website shall affect your rights under the applicable law.
Indemnification
You agree to indemnify, defend and hold harmless Keepsakes by Kendall 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 lawyers fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severance
If any of these terms and/or conditions shall prove to be void, unlawful, or unenforceable for any reason then such term or condition shall be deemed to be severed from the remaining terms and conditions which shall remain valid and enforceable.
If any provision of these terms and/or conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of/ or access to the website following the posting of any changes constitutes acceptance of those changes.
Contact Information
Please contact us via the provided contact form, or using our email address, [email protected], if you have any questions or concerns regarding the Terms and Conditions.