Terms and Conditions
These are the terms and conditions which will apply to your purchase of clothing, accessories and other goods ("Goods") from the Kimono Online web site at www.kimonoonline.com (the "Website").
These terms and conditions form a legally binding contract between us and you. Your acceptance of the terms and conditions is given when you purchase Goods from us. You should read these terms and conditions carefully before buying anything from this Website.
We reserve the right to change the terms and conditions under which the Website and the Goods are provided. Any such change in terms and conditions will be effective to all new orders once included in the text of these terms and conditions and published on the Website. You should check the terms and conditions posted on the Website periodically to ensure that you are aware of and comply with the current version.
If you have any questions about the terms and conditions, the Goods or the Website please contact us using the online contact form at this website.
Part 1 – Information about the Website and the Goods
We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen. We will try to resolve all information errors the Website as soon as reasonably possible, and if we reasonably think that such an error has affected your purchase of Goods we will try to let you know. However, because we take these steps we will not be liable to you for any errors on the Website.
You should bear in mind that buying clothing and accessories over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
- The colours which are shown for the Goods on the Website will depend on many factors – including your display settings.
- All sizes and measurements are approximate.
- All Goods are subject to availability - we may not be able to supply your order.
- Any delivery estimates given on the Website or by email are estimates only.
You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
Part 2 – Purchasing Goods
You make an offer to purchase a product from us (your "Order") by completing the staged process on the Website as set out below:
- Adding product to your shopping basket
- Checkout step 1 – Login details
- Checkout step 2 – address details
- Checkout step 3 – payment details
- Confirmation of order
Your Order only constitutes an offer to purchase Goods from us, and does not form a binding contract until accepted by us. Where you order more than one product your Order contains a series of offers for each product individually.
On receipt of your Order, we will send you an Order acknowledgement email to the email address which you provide in the Order process. This Order acknowledgement email will contain your Order number and details of the Goods ordered. Note that this email is only to acknowledge that your order has been received, and is not acceptance by us of any offers to purchase Goods.
An offer made by you to purchase a product shall only be deemed to be accepted by us when we despatch that product to you or to your nominated store as selected by you and send you an Order despatch email which includes details of the product. We reserve the right to refuse any offers in an Order prior to acceptance. If a product is not available we will include details of the unavailable product in the Order despatch email. A product which is not available will not be included in the contract for a product which is despatched.
Part 3 – Returning Goods
Purchased Goods (outside of the exceptions mentioned below) can be returned for an exchange or refund within 1 month/30 days of the order having been shipped out from one of our warehouses/distributions centres.
The following Goods are non-returnable:
- Custom orders
- Final sale items
- Wholesale orders
Prior to sending any item(s) back a return authorization number must be obtained by Contacting our Customer Service Department. This authorization number is valid for only thirty (30) days from the ship-out date of the original order
The authorization number must be clearly written on each package. If this number is not on your package it will be refused. Credit or adjustment is given on mistakes that are our fault, provided you Contact our Customer Service Department within five (5) days from receipt of merchandise.
General returns/exchange conditions:
- We are NOT responsible for lost packages being returned. We are not responsible for packages dropped off and not signed for. Be sure to give us a secured address.
- Health regulations stipulate that clothing that is soiled, worn, damaged, or laundered CAN NOT be taken back. If we receive such goods we will charge you $30 and return the items to you.
- Any customer doing excessive returns will be taken off our mailing list and no further orders will ever be accepted.
- There will be a $35.00 charge on all checks that do not clear or for charge backs.
- Any fraudulent activities are reported to your local police department for prosecution.
- Returns for which the customer ordered incorrectly, will be charged a 15% restocking fee and freight return.
- Absolutely NO returns accepted unless the merchandise is in original cartons in new condition. Credit will not be issued for returned material that has been marked, altered, or abused.
- NO returns are accepted freight collect or COD. Send all returns prepaid and insured for current value.
- Absolutely NO returns are accepted after thirty (30) days from date of the ship-out date of the original order.
Damaged, lost or short shipments should be reported to your postal office immediately. Then contact us so that we can reship the merchandise and place a claim. Keep damaged goods and containers until notified otherwise.
Part 4 – General terms relating to our relationship with you
We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
All notices which we need to give to you under these terms and conditions will be sent by us to your registered e-mail address.
These terms and conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the Goods. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these terms and conditions shall be governed by International Law, and you and we agree to submit to the non-exclusive jurisdiction/courts of our choice for the determination of disputes.
Notes & Disclaimers:
We do our best to ensure that the information on the Website is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of any information and cannot be held liable for any use or reliance you may make of or put on it except as specifically agreed with us in any further agreement we may make with you in writing.
We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website, and (save as otherwise set out in these notices and disclaimers) we will not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website.
Any link (be it a hypertext link or other referral device) used on the Website is provided solely for the use and convenience of the visitor. The link does not represent any endorsement or recommendation by us and does not mean that we have any association with the linked website. We are not responsible for the content of any websites that have links with the Website or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites and we do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you as a result.
We will not be liable for any loss, damage, expense, costs, delays or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities or your inability to access the Website for any reason or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).
Nothing within these conditions operates so as to exclude, limit or restrict our liability for death or personal injury.
Where you deal as a consumer, nothing in the above exclusions affects your statutory rights.
All Intellectual Property Rights and goodwill in or relating to the contents of the Website belong to either ourselves or to our suppliers.
In particular, the trade marks displayed are registered and nothing contained in these conditions or the Website should be construed as granting by implication, estoppel, personal bar, or otherwise, any licence or right to use any of the trade marks without our permission. However, copying and printing of those web pages which contain the trade marks is permitted within the scope of the licence contained at below.
You may download to a local hard disk and print extracts from the Website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non commercial use.
You may not reproduce part or all of the contents of the Website in any form unless it is for personal, non commercial use.
You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other).
You may not frame or link to the Website or any part of it without our express permission.
The interpretation, construction, effect and enforceability of this agreement shall be governed by International Law, and you agree to submit to the jurisdiction/courts of our choice for the determination of disputes