TERMS & CONDITIONS
These terms and conditions (these “Terms”) apply to the purchase and sale of products through WWW.KOLLEKTIVE.CO.UK (the “Site”). These Terms are subject to change by KOLLEKTIVE LTD (referred to as “KOLLEKTIVE”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product that is available through this Site.
By placing an order for products from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You may not order or obtain products from this website if you (a) do not agree to these terms, (b) are not at least 18 years of age. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products to you.
Once you have placed your order, we will send you a confirmation email with your order number and details of the items you have ordered. This email is not an acceptance of your order.
Our acceptance of your order will take place when we email you to confirm the products have been dispatched, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we are unable to obtain authorisation for payment, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline. We may also choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Payment Terms and Prices
Terms of payment are within our sole discretion and the amount is debited when the order is confirmed. In the event of refusal by the bank, the order shall be automatically cancelled. We accept Visa, MasterCard, Maestro and PAYPAL for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemised in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
The following terms may be used by us to communicate pricing information:
(i) ”Sale” refers to a reduced price for a product or service.
(ii) ”Clearance” refers to a reduced price for a product or service that will be discontinued.
The images of the products on this Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
This Site is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside the UK.
5. Delivery; Title and Risk of Loss
We will arrange for delivery of the products to you. Please check the individual product page for specific delivery options. You will pay all delivery and handling charges specified during the ordering process. Delivery and handling charges are reimbursement for the costs we incur in the processing, handling, packing and delivery of your order. Delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in delivery.
We own the product(s) until we have received payment in full. Risk of loss passes to you upon delivery of the product(s) to the address you gave us. Should you cancel your order or return the product(s) to us, title in the product(s) will revert to KOLLEKTIVE.
6. Returns and Refunds
We will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 28 days of delivery, is accompanied by the Returns Slip and provided such products are returned new, unused, with all garment tags attached and in their original packaging. To return products, you must complete the Returns Slip enclosed with your purchase. Returns without the Returns Slip and/ or outside the 28-day period will not be accepted.
You are responsible for all shipping and handling charges on returned items. You bear the risk of any loss or damage during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.
Refunds are processed within approximately five business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
If, upon receipt, the product you purchased is faulty, you can return it for a refund within 30 days from the date you received it.
Under the Consumer Contracts Regulations 2013, you have a legal right to cancel your order within 14 days and receive a refund provided you give us a written notice (see Section 15).
7. Limitation of Liability
We do not exclude or limit in any way liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
We are responsible to you for foreseeable loss and damage caused by us. if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Our sole and entire maximum liability for loss or damage shall be limited to the actual amount paid by you for the products you have ordered through our site.
8. Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export.
10. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorised representative of KOLLEKTIVE LTD.
14. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by KOLLEKTIVE, its licensors, or other providers of such material and are protected by the United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary right laws.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
you may store files that are automatically cached by your Web browser for display enhancement purposes.
you may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
if we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
modify copies of any materials from this site.
delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are served by KOLLEKTIVE. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
KOLLEKTIVE name, KOLLEKTIVE logo, and all related names, logos, product and service names, designs, and slogans are trademarks of KOLLEKTIVE or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows by personal delivery, overnight courier, or registered or certified mail to KOLLEKTIVE LTD, 40B trent Road, London SW2 5BL. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement