Terms of service
OVERVIEW
Welcome to Kinselle! The terms "we", "us" and "our" refer to Kinselle, operated by EVOLUTION COMMERCE LTD. Kinselle operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Kinselle is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you have the consent of a parent or legal guardian where required by applicable law.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account.
SECTION 2 - OUR PRODUCTS
We have made every reasonable effort to provide accurate descriptions and representations of our products and services.
Because many Kinselle products are personalized or custom-made, final products may vary slightly from digital previews, mockups, product photographs or screen representations due to differences in materials, manufacturing processes, engraving, printing, lighting, photography and device display settings.
You are responsible for reviewing all personalization details carefully before placing your order, including names, initials, dates, photographs, drawings, logos, text and other custom information submitted by you.
All descriptions of products are subject to change without notice at our discretion. We reserve the right to discontinue products or limit quantities at any time where permitted by law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Kinselle reserves the right to accept or decline your order for legitimate business reasons.
Your order is not accepted until payment has been successfully processed and the order has been confirmed.
Please review your order carefully before submitting it. Personalized products may enter production shortly after your order is placed, which may limit our ability to modify or cancel the order.
Your purchases are subject to our Return and Refund Policy.
You represent and warrant that your purchases are for lawful personal or household use and not for unauthorized resale or export.
SECTION 4 - PERSONALIZATION
For personalized and custom-made products, you are responsible for ensuring that all personalization information submitted is accurate and complete.
This includes, without limitation, names, initials, dates, text, photographs, images, drawings, logos and personalization instructions.
We may reproduce personalization information exactly as submitted. Kinselle is not responsible for errors resulting from incorrect, incomplete, misspelled or low-quality information provided by the customer.
By uploading or submitting photographs, images, logos, drawings or other content, you represent and warrant that you own or have the necessary rights and permissions to use and provide that content for the purpose of creating your personalized product.
SECTION 5 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice.
The price charged for a product will be the price displayed at checkout at the time the order is placed.
Unless otherwise stated, displayed prices may not include applicable taxes, customs duties, import charges or other government-imposed fees.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.
SECTION 6 - SHIPPING AND DELIVERY
Delivery dates and transit times displayed on our website are estimates only and are not guaranteed.
Orders may require processing time before shipment, particularly personalized and custom-made products.
We are not responsible for delays caused by shipping carriers, customs processing, weather, natural disasters, incorrect shipping information supplied by the customer, or other circumstances outside our reasonable control.
You are responsible for providing a complete and accurate delivery address.
Please refer to our Shipping Policy for additional information.
SECTION 7 - INTELLECTUAL PROPERTY
Our Services, including trademarks, branding, text, graphics, product images, videos, design elements and other content owned or licensed by Kinselle, are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only.
You may not reproduce, distribute, modify, republish, sell, license or commercially exploit our content without prior written permission.
SECTION 8 - CUSTOMER-SUBMITTED CONTENT
When you submit photographs, artwork, drawings, logos or other materials for personalization, you grant Kinselle and its service providers a limited license to use, reproduce, modify and process those materials solely as necessary to create, manufacture, fulfill and support your order.
You retain ownership of your original content.
You must not submit content that infringes the intellectual property, privacy, publicity or other rights of any third party or that is unlawful, harmful or prohibited by applicable law.
SECTION 9 - OPTIONAL TOOLS
We may provide access to tools or services supplied by third parties.
Such third-party tools are provided subject to their own terms and policies, and we are not responsible for their availability, operation or content except where required by applicable law.
SECTION 10 - THIRD-PARTY LINKS
Our Services may contain links to third-party websites or services.
We are not responsible for the content, policies, accuracy, availability or practices of third-party websites. Your use of such websites is subject to the terms and policies of those third parties.
SECTION 11 - RELATIONSHIP WITH SHOPIFY
Kinselle is powered by Shopify, which enables us to provide the Services to you.
However, any sales and purchases made through our store are transactions directly between you and Kinselle.
Shopify is not the seller of products purchased from Kinselle.
SECTION 12 - PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, certain personal information may also be processed by Shopify and other service providers in order to operate the Services, process payments, fulfill orders, prevent fraud and improve functionality.
SECTION 13 - FEEDBACK
If you voluntarily submit feedback, reviews, suggestions, ideas or other comments, you grant us a non-exclusive, worldwide, royalty-free license to use that feedback for legitimate business purposes, including improving and promoting our Services.
You represent that your feedback does not violate the rights of any third party and is not unlawful, misleading, defamatory or otherwise prohibited.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions related to product descriptions, prices, promotions, shipping charges, delivery times or availability.
We reserve the right to correct such errors and update information where permitted by applicable law.
SECTION 15 - PROHIBITED USES
You may not use the Services for any unlawful purpose or in violation of applicable laws or regulations.
You may not infringe our intellectual property rights or the rights of others, transmit malicious code, engage in fraud, impersonation, harassment, abuse, unauthorized data collection or other prohibited conduct.
We reserve the right to restrict or terminate access to the Services where we reasonably believe these Terms have been violated.
SECTION 16 - TERMINATION
We may suspend or terminate access to the Services where permitted by law, including where these Terms have been materially violated.
Any provisions that by their nature should survive termination will remain in effect.
SECTION 17 - DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.
We do not guarantee that the Services will always be uninterrupted, error-free or available.
Nothing in these Terms excludes or limits any warranty, right or remedy that cannot legally be excluded under applicable consumer protection law.
SECTION 18 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Kinselle and EVOLUTION COMMERCE LTD will not be liable for indirect, incidental, special or consequential damages arising from your use of the Services or products purchased through the Services.
Nothing in these Terms limits liability where such limitation would be unlawful.
SECTION 19 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Kinselle, EVOLUTION COMMERCE LTD, Shopify and our respective affiliates, employees, contractors and service providers from claims resulting from your unlawful use of the Services, your violation of these Terms, or your infringement of third-party rights.
SECTION 20 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, the remaining provisions will continue in full force and effect.
SECTION 21 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right under these Terms does not constitute a waiver of that right.
These Terms, together with our Privacy Policy, Return and Refund Policy and Shipping Policy, constitute the agreement governing your use of the Services.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide the Services shall be governed by and construed in accordance with the laws of England and Wales, subject to any mandatory consumer protection rights that may apply in your country or state of residence.
SECTION 23 - ASSIGNMENT
You may not assign your rights or obligations under these Terms without our prior written consent.
We may assign our rights and obligations in connection with a merger, acquisition, corporate restructuring or transfer of our business where permitted by law.
SECTION 24 - CHANGES TO TERMS OF SERVICE
We may update these Terms of Service from time to time.
The most current version will be posted on this page. Where required by applicable law, we will provide notice of material changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Kinselle
Operated by EVOLUTION COMMERCE LTD
Email: support@kinselle.com
Website: kinselle.com
United Kingdom