Terms of service

Terms of Service

Overview

This website is operated by Kate's Clothing Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Kate's Clothing Ltd. Kate's Clothing Ltd offers this website, including all information, tools and services available from this site, to you, the user, subject to 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 of Service (“Terms”), including any additional terms, conditions and policies referred to here or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, customers, merchants and contributors of content.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you should not access the website or use any services.

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We may update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Nothing in these Terms affects your statutory rights as a consumer.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you confirm that you are at least 18 years old or have permission from a parent or guardian to use this website.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any applicable laws.

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of these Terms may result in the suspension or termination of your access to our Services.

Section 2 - General Conditions

We reserve the right to refuse or cancel orders where necessary, for example in cases of suspected fraud, misuse of our services, pricing errors, stock errors, or where required by law.

You understand that your content (not including payment card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.

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 without our express written permission.

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

Section 3 - Accuracy, Completeness and Timeliness of Information

We aim to ensure that all information on this site is accurate, complete and up to date. However, occasional errors or omissions may occur. The material on this site is provided for general information only and should not be relied on as the sole basis for making decisions without checking other sources where appropriate.

This site may contain historical information. Historical information is provided for reference only and may not be current.

We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information except where required by law.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part of it) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where required by law.

Section 5 - Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of our products shown on the website. We cannot guarantee that your device’s display of any colour will be completely accurate.

We reserve the right to limit the sale of our products or Services to any person, geographic region or jurisdiction where necessary. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

Nothing in this section affects your legal rights in relation to goods that are faulty, not as described, or otherwise not in conformity with your contract with us.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse, limit or cancel any order you place with us where necessary, including where products are unavailable, where there has been an obvious pricing error, or where fraud or misuse is suspected.

These restrictions may include orders placed under the same customer account, the same payment method, and/or the same billing or shipping address.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided when the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to update your account information promptly so that we can complete your transactions and contact you if needed.

For more detail, please review our Returns Policy and Shipping Policy.

Section 7 - Optional Tools

We may provide access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the relevant third-party provider supplies them.

We may also, in the future, offer new services and/or features through the website. Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products or services.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources or content made available by third-party websites. Please review their policies and practices carefully before engaging in any transaction.

Section 9 - User Comments, Feedback and Other Submissions

If you send us comments, suggestions, ideas, proposals or other materials, whether online, by email, by post or otherwise, you agree that we may use, edit, copy, publish, distribute and otherwise make use of them in any medium, without restriction, except where we have agreed otherwise.

We are under no obligation to maintain any comments in confidence, to pay compensation for them, or to respond to them.

We may, but have no obligation to, monitor, edit or remove content that we reasonably determine to be unlawful, offensive, threatening, defamatory, obscene, infringing or otherwise objectionable.

You agree that your comments will not violate any right of any third party, including copyright, trade mark, privacy or other personal or proprietary rights, and will not contain unlawful, abusive or obscene material or malware.

You may not use a false email address, pretend to be someone else, 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.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information or cancel orders where necessary, including after you have submitted your order.

We undertake no obligation to update, amend or clarify information except as required by law.

Section 12 - Prohibited Uses

In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:

  • for any unlawful purpose;
  • to solicit others to perform unlawful acts;
  • to violate any applicable laws or regulations;
  • to infringe our intellectual property rights or the rights of others;
  • to harass, abuse, insult, harm, defame, slander, intimidate or discriminate unlawfully;
  • to submit false or misleading information;
  • to upload or transmit viruses or malicious code;
  • to collect or track the personal information of others without lawful basis;
  • to spam, phish, pharm, pretext, spider, crawl, scrape or otherwise interfere with the Service;
  • for any obscene or immoral purpose; or
  • to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties and Limitation of Liability

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable in all cases.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

To the maximum extent permitted by law, the service and all products and services delivered to you through the service are provided “as is” and “as available”, except as expressly stated by us.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your statutory rights as a consumer, or for any other liability that cannot be excluded or limited under UK law.

We shall not be liable for any indirect or consequential loss, including loss of profit, loss of revenue, loss of business, loss of opportunity or loss of data, arising out of or in connection with your use of the Service.

Where we are liable to you in connection with any product or service purchased through our website, our liability shall be limited to the price paid for the relevant product or service, except where a different limitation is not permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Kate's Clothing Ltd and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors from any claim or demand made by any third party arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

Section 15 - Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be deemed severed from these Terms of Service. This shall not affect the validity and enforceability of the remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use our site.

If, in our reasonable opinion, you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement or suspend your access to our Services at any time without notice.

Section 17 - Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, relating to the same subject matter.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.

Section 20 - Company Information and Contact Details

Kate's Clothing Ltd is a company registered in England and Wales.

Registered office: Telegraph House, 59 Wolverhampton Rd, Stafford ST17 4AW
Company number: 05618350

Questions about the Terms of Service should be sent to us at hello@katesclothing.co.uk.