TERMS AND CONDITIONS
Please read the terms and conditions carefully before using this website.
These terms and conditions were created on May 5th 2021.
This page tells you information about this company and the legal terms and conditions on which we sell any of the products listed on our website to you.
These terms will apply to any contract between us for the sale of products to you. Please read these terms carefully and make sure that you understand them before ordering any products from our site.
We amend these terms from time to time as set out in clause 8. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time.
These terms and the contract between us are only in the English language.
ABOUT US
We are www.erikakendal.com and are Erika Kendal Group, a company registered in Germany under company number A20120599.
PRODUCTS AND AVAILABILITY
2.1 While we make all effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, variations may occur due to the technical and colour resolution characteristics of your computer and the handmade nature of the products. Erika Kendal Group shall not be liable therefore for the eventual inadequacy of the graphic representations of the Erika Kendal products displayed on the site owing to the above mentioned issues.
2.2 You acknowledge that the products offered by us with the service are subject to stock limits.
2.3 You may check the availability of stock at any time by contacting us at info@erikakendal.com, inconveniences may occasionally occur regarding the availability of certain products. In such circumstances we will inform you of this fact as soon as possible. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made.In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
2.4 We reserve the right to change the items offered on our site at any time, without notice.
2.5 We reserve the right to reject orders from any customer with whom there is ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind.
USE OF OUR SITE
3.1 Your use of our site is governed by our:
3.2 Website terms and conditions ; and
3.3 Cookie policy [Please take time to read these, as they include important information, the terms which apply to you].
HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance to our privacy policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important information, the terms which apply to you.
CONSUMER PROVISIONS
5.1 You may only purchase products from our site if you are at least 18 years old.
5.2 You have legal rights in relation to products that are faulty or not as described. Advice about your legal rights are available from you local advice bureau or trading standards office. Nothing in these terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting you order to us.
6.2 The order is complete when you confirm. Your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these terms and conditions or as required by the applicable law.
6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these terms and conditions.
6.4 The data recorded on the site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us will be treated as legal evidence of the transaction.
6.5 SALE ITEMS
A sale is for a limited time only. The offer is available on selected items only. Erika Kendal Group reserves the right to withdraw this sale at any time without notice.
6.6 PRE ORDERS
When you purchase via pre order, you are charged the total price of the item(s) at checkout. Shipping fees may also be charged. You will receive and email confirmation of your order. If you have any questions about the delivery window for a specific item, please email us.
OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these terms from time to time in the following circumstances:
7.1.1 Changes in how we accept payment.
7.1.2 Changes in the relevant laws.
7.1.3 Any other reasonable circumstances.
7.2 Every time you order products from us, the terms in force at the time will apply to the contract between you and us.
7.3 Whenever we revise these terms in accordance with this Clause 7, we will keep you informed by stating that these terms have been amended.
YOUR RIGHT OF CANCELLATION
Note: This only applies if you are a consumer, a European Community citizen. If you are purchasing products from outside the EU please see clause 10 and 11 below.
8.1 You have the right to cancel a contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product or products, you can notify us of your decision to cancel the contract and receive a refund.
8.2 However, this cancellation right does not apply in the case of any made to measure items or items clearly personalised.
8.3 Your legal right to cancel a contract starts from the date of the order confirmation, which is when the contract between us is formed. If the products have already been delivered to you, you have a period of 14 working days in which you may cancel, starting from the day after the day you receive the product. Working days mean that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a contract, please contact us in writing by email or by sending a letter. Your cancellation is effective from the date you email or post the letter to us.
8.5 If you refuse delivery or the product is returned to us by the shipping company we will assume, unless you advise us to the contrary that you have cancelled the contract.
8.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the product and will be liable of damage to them until we receive the item/s.
8.7 Please note that you must cover the cost of the return shipment, as our returns policy does not apply to orders cancelled under the distance selling regulations.
8.8 Products should be returned to us with their original packaging. Product must be unused, unworn and in an unaltered condition.Product must be sent from the country that the order was delivered to.
8.9 Subject to compliance with clause 8.8 above will refund the full value of your order minus shipping costs within 30 days of receiving your notice of contract cancellation.
8.10 Please note you may only use your right to cancel the order if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you receive the order.
RETURNING PRODUCT
Note: If you are ordering product fro outside the EU you must read the beginning of clause 8 which explains that no rights to cancellation applies to you. Your only rights to return products are set out in this clause 9.
9.1 Upon receipt you must check all products you have received. If the product is damaged, incorrectly supplied or defective please notify us of the specific details and return the product to us in the original packaging, unused and unworn. It must be sent to us as soon as possible, in a reasonable amount of time. We recommend that you have proof of sending, in case of a dispute.
9.2 Any refunds given will be to the original debit/credit card account provided when you placed the order and will be subject to our right to withhold amounts for products which are damaged or degraded on return.
9.3 This returns policy does not affect your legal and statutory rights.
PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 Our site contains a number of products. It may be possible that a product/s are priced incorrectly. If we discover an error we will contact you, to give you the option of continuing with the order and paying the correct price or cancelling the order. If we are unable to contact you on the details you provide, we will treat this order as cancelled. If the error in pricing is obvious and unmistakable we do not have to provide the product/s to you at the incorrect lower price.
INTERNATIONAL SALES AND DELIVERY
11.1 You are responsible for import duties and taxes.
11.2 You must comply with all laws and regulations for that country for which products are destined. We will not be liable or responsible if you break any laws.
11.3 We are unable to ship certain products outside of the EU including products made of restricted materials.
SHIPPING INFORMATION
12.1 Your order will be fulfilled within two working days, unless it is a special commission order or large quantity order. There may be a delay if there is an event which is outside of our control. You will be notified by the contact details you submitted to us.
12.2 Delivery will be completed when the products are delivered to the address you gave to us.
12.3 The shipping address must be correct as we can not change this once the order has been placed.
12.4 The goods will be insured, tracked and signed for delivery.
12.5 Erika Kendal Group is not responsible for goods being delivered to the address and then lost.
HOW TO PAY
13.1 We have good payment options at the checkout.
13.2 Payment for the products are always made in advance.
OUR LIABILITY IF YOU ARE A CONSUMER
14.1 This clause 14 only applies if you are a consumer.
14.2 We are not responsible for any loss or damage that is not foreseeable.
14.3 We only supply products for domestic and private use. You agree not to use the products for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability for:
14.5 Death or personal injury caused by our negligence;
14.6 Fraud or fraudulent misrepresentation;
14.7 Any breach of the terms implied by section 12.
14.8 Any breach of the terms implied by section 13 to 15.
14.9 Defective products.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be responsible or liable for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside of our control. An event outside our control is defined below in clause 15.2
15.2 An 'Event Outside Our Control' means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, riot, invasion, civil commotion, terror attack, threat of terror attack, war, threat or preparation for war, explosion, fire, storm, flood, earthquake, subsidence, epidemic, natural disaster, failure of public or private telecommunications networks, impossible use of railways, shipping, aircraft, motors or other means of transport.
15.3 If an 'Event Outside Our Control' takes place that affects the performance of our obligations under a contract:
15.4 We will contact you as soon as reasonably possible to notify you; and
15.5 Our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
COMMUNICATION
16.1 Communication in writing means by email. We will communicate by email.
OTHER IMPORTANT TERMS
17.1 The contract is between you and us, no one else. No other person shall have any rights to enforce any of its terms.
17.2 We will not file a copy of the contract between us.
Please read the terms and conditions carefully before using this website.
These terms and conditions were created on May 5th 2021.
This page tells you information about this company and the legal terms and conditions on which we sell any of the products listed on our website to you.
These terms will apply to any contract between us for the sale of products to you. Please read these terms carefully and make sure that you understand them before ordering any products from our site.
We amend these terms from time to time as set out in clause 8. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time.
These terms and the contract between us are only in the English language.
ABOUT US
We are www.erikakendal.com and are Erika Kendal Group, a company registered in Germany under company number A20120599.
PRODUCTS AND AVAILABILITY
2.1 While we make all effort to ensure that the photographs displayed on our site are faithful reproductions of the original products, variations may occur due to the technical and colour resolution characteristics of your computer and the handmade nature of the products. Erika Kendal Group shall not be liable therefore for the eventual inadequacy of the graphic representations of the Erika Kendal products displayed on the site owing to the above mentioned issues.
2.2 You acknowledge that the products offered by us with the service are subject to stock limits.
2.3 You may check the availability of stock at any time by contacting us at info@erikakendal.com, inconveniences may occasionally occur regarding the availability of certain products. In such circumstances we will inform you of this fact as soon as possible. We will give you the option to order a different item of the same type or alternatively, to cancel your order. Should you opt to cancel your order no charge will be made.In the event that your credit/debit card has already been charged, you will be refunded as soon as possible.
2.4 We reserve the right to change the items offered on our site at any time, without notice.
2.5 We reserve the right to reject orders from any customer with whom there is ongoing legal dispute regarding a prior order. This applies equally to all cases in which we consider the customer unsuitable, for instance in the case of previous violations of terms and conditions for online purchases on our site or for whatever other legitimate reason, especially where the customer has been involved in irregular activity of any kind.
USE OF OUR SITE
3.1 Your use of our site is governed by our:
3.2 Website terms and conditions ; and
3.3 Cookie policy [Please take time to read these, as they include important information, the terms which apply to you].
HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance to our privacy policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important information, the terms which apply to you.
CONSUMER PROVISIONS
5.1 You may only purchase products from our site if you are at least 18 years old.
5.2 You have legal rights in relation to products that are faulty or not as described. Advice about your legal rights are available from you local advice bureau or trading standards office. Nothing in these terms will affect these legal rights.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our order process allows you to check and amend any errors before submitting you order to us.
6.2 The order is complete when you confirm. Your order will be submitted to us for processing and the order may not be changed or cancelled except as expressly provided in these terms and conditions or as required by the applicable law.
6.3 Confirmation of your order will be taken as proof of your acceptance of the provisions contained in these terms and conditions.
6.4 The data recorded on the site shall be treated as conclusive evidence of the details of the transactions between you and us. In the event of a dispute relating to a transaction conducted on our site, the data recorded by us will be treated as legal evidence of the transaction.
6.5 SALE ITEMS
A sale is for a limited time only. The offer is available on selected items only. Erika Kendal Group reserves the right to withdraw this sale at any time without notice.
6.6 PRE ORDERS
When you purchase via pre order, you are charged the total price of the item(s) at checkout. Shipping fees may also be charged. You will receive and email confirmation of your order. If you have any questions about the delivery window for a specific item, please email us.
OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these terms from time to time in the following circumstances:
7.1.1 Changes in how we accept payment.
7.1.2 Changes in the relevant laws.
7.1.3 Any other reasonable circumstances.
7.2 Every time you order products from us, the terms in force at the time will apply to the contract between you and us.
7.3 Whenever we revise these terms in accordance with this Clause 7, we will keep you informed by stating that these terms have been amended.
YOUR RIGHT OF CANCELLATION
Note: This only applies if you are a consumer, a European Community citizen. If you are purchasing products from outside the EU please see clause 10 and 11 below.
8.1 You have the right to cancel a contract during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a product or products, you can notify us of your decision to cancel the contract and receive a refund.
8.2 However, this cancellation right does not apply in the case of any made to measure items or items clearly personalised.
8.3 Your legal right to cancel a contract starts from the date of the order confirmation, which is when the contract between us is formed. If the products have already been delivered to you, you have a period of 14 working days in which you may cancel, starting from the day after the day you receive the product. Working days mean that Saturdays, Sundays or public holidays are not included in this period.
8.4 To cancel a contract, please contact us in writing by email or by sending a letter. Your cancellation is effective from the date you email or post the letter to us.
8.5 If you refuse delivery or the product is returned to us by the shipping company we will assume, unless you advise us to the contrary that you have cancelled the contract.
8.6 We recommend that you insure the return shipment as you are under a duty to take reasonable care of the product and will be liable of damage to them until we receive the item/s.
8.7 Please note that you must cover the cost of the return shipment, as our returns policy does not apply to orders cancelled under the distance selling regulations.
8.8 Products should be returned to us with their original packaging. Product must be unused, unworn and in an unaltered condition.Product must be sent from the country that the order was delivered to.
8.9 Subject to compliance with clause 8.8 above will refund the full value of your order minus shipping costs within 30 days of receiving your notice of contract cancellation.
8.10 Please note you may only use your right to cancel the order if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you receive the order.
RETURNING PRODUCT
Note: If you are ordering product fro outside the EU you must read the beginning of clause 8 which explains that no rights to cancellation applies to you. Your only rights to return products are set out in this clause 9.
9.1 Upon receipt you must check all products you have received. If the product is damaged, incorrectly supplied or defective please notify us of the specific details and return the product to us in the original packaging, unused and unworn. It must be sent to us as soon as possible, in a reasonable amount of time. We recommend that you have proof of sending, in case of a dispute.
9.2 Any refunds given will be to the original debit/credit card account provided when you placed the order and will be subject to our right to withhold amounts for products which are damaged or degraded on return.
9.3 This returns policy does not affect your legal and statutory rights.
PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 Our site contains a number of products. It may be possible that a product/s are priced incorrectly. If we discover an error we will contact you, to give you the option of continuing with the order and paying the correct price or cancelling the order. If we are unable to contact you on the details you provide, we will treat this order as cancelled. If the error in pricing is obvious and unmistakable we do not have to provide the product/s to you at the incorrect lower price.
INTERNATIONAL SALES AND DELIVERY
11.1 You are responsible for import duties and taxes.
11.2 You must comply with all laws and regulations for that country for which products are destined. We will not be liable or responsible if you break any laws.
11.3 We are unable to ship certain products outside of the EU including products made of restricted materials.
SHIPPING INFORMATION
12.1 Your order will be fulfilled within two working days, unless it is a special commission order or large quantity order. There may be a delay if there is an event which is outside of our control. You will be notified by the contact details you submitted to us.
12.2 Delivery will be completed when the products are delivered to the address you gave to us.
12.3 The shipping address must be correct as we can not change this once the order has been placed.
12.4 The goods will be insured, tracked and signed for delivery.
12.5 Erika Kendal Group is not responsible for goods being delivered to the address and then lost.
HOW TO PAY
13.1 We have good payment options at the checkout.
13.2 Payment for the products are always made in advance.
OUR LIABILITY IF YOU ARE A CONSUMER
14.1 This clause 14 only applies if you are a consumer.
14.2 We are not responsible for any loss or damage that is not foreseeable.
14.3 We only supply products for domestic and private use. You agree not to use the products for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We do not in any way exclude or limit our liability for:
14.5 Death or personal injury caused by our negligence;
14.6 Fraud or fraudulent misrepresentation;
14.7 Any breach of the terms implied by section 12.
14.8 Any breach of the terms implied by section 13 to 15.
14.9 Defective products.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be responsible or liable for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside of our control. An event outside our control is defined below in clause 15.2
15.2 An 'Event Outside Our Control' means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, riot, invasion, civil commotion, terror attack, threat of terror attack, war, threat or preparation for war, explosion, fire, storm, flood, earthquake, subsidence, epidemic, natural disaster, failure of public or private telecommunications networks, impossible use of railways, shipping, aircraft, motors or other means of transport.
15.3 If an 'Event Outside Our Control' takes place that affects the performance of our obligations under a contract:
15.4 We will contact you as soon as reasonably possible to notify you; and
15.5 Our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
COMMUNICATION
16.1 Communication in writing means by email. We will communicate by email.
OTHER IMPORTANT TERMS
17.1 The contract is between you and us, no one else. No other person shall have any rights to enforce any of its terms.
17.2 We will not file a copy of the contract between us.