1.1 The following terms will have the following meaning in these terms and conditions:
“Terms” means these terms and conditions set out on this page;
“Designs” means the illustrations, patterns and hand lettering used on our Products;
“I”, “Me”, “Mine”, “We”, “Us” and “Our” means Kimberley Rose Studio;
“IPR” means Intellectual Property Rights including copyright, design rights, trademarks, patents and any other similar rights whether registered or unregistered existing anywhere in the world;
“Order” means an Order placed by you via the Website to Kimberley Rose Studio for the purchase of Products;
“Price” means the price as displayed on the Website for the Products to be purchased by you as indicated in your Order;
“Personalised Products” means those Products created to the customer’s specification or those featuring personalised information;
“Products” means the items produced by Kimberley Rose Studio and advertised for sale on this Website;
“Website” means the website accessible via www.kimberleyrosestudio.co.uk and all other domain names owned and operated by Kimberley Rose Studio linking to the same content;
“You” and “Your” means the customer placing an Order via the Website; and
“International Order” means any Order placed by a person outside of the United Kingdom.
2. ABOUT US
This Website is operated by Kimberley Rose Axell t/a Kimberley Rose Studio. Our address is 8 Reef Way, Hailsham, East Sussex, BN27 1FB.
3. OUR CONTRACT
Your order constitutes your offer to us to buy the goods that you select when placing your Order on the Website. All Orders are subject to availability and acceptance by us. We will send you an email confirming your order. Your order is not confirmed until you receive this email confirmation.
4. USER ACCOUNT REGISTRATION, PASSWORDS & SECURITY
4.1 You have the option to open an account via the Website to place and refer to your Order(s). When registering for a user account, you will select a password and user name that you can use to access your online account.
4.2 You are responsible for maintaining the confidentiality of your user name and password and are responsible for all activities that occur under them. We will not be liable should your password or user name be used by someone else (unless such use is due to our negligence).
4.3 You agree to notify us immediately of any unauthorised use of your user name or password.
5. PRICES, ORDERING & PAYMENT
All prices are as stated on the Website although we reserve the right to revise the price of goods at any time. All final prices are in Pounds Sterling (£) and all orders will be processed through our payment gateway or PayPal in Pounds Sterling.
Full payment is required before the goods are dispatched. By submitting an order you will be deemed to have accepted these Terms.
The Website is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Kimberley Rose Studio accepts payment electronically through Shopify’s direct payment gateway or through PayPal. You may decide which payment method to use.
5.4 Shopify Payments
If you choose to complete your payment through Shopify’s Direct Payment Gateway then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (“PCI-DSS”). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete your purchase transaction is deleted. All direct payment gateways adhere to the standards set by the PCI-DSS as managed by the PCI Security Standards Council which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight you may also want to read Shopify’s Privacy Statement.
6. DISPATCH & DELIVERY INFORMATION
6.1 On receipt of payment for an Order delivery of the relevant products will be made to you at the address stated by you in that Order.
6.2 We aim to dispatch Orders within one to three working days of receipt of cleared payment in full. We will notify you if there is an expected delay. If you need your Order urgently we will do our best to accommodate you providing you have contacted us before ordering to discuss your requirements.
6.3 Delivery to addresses in the UK are sent free of charge using Royal Mail 1st Class post. If your order is of a higher value it will be sent using Royal Mail 1st Class Signed For service which requires a signature on delivery. If you are not in to sign for your Order when it is delivered it will be taken to your local Sorting Office for later collection. If you fail to collect your Order before it is returned to us you will be responsible for the cost of redelivery.
6.4 We cannot take responsibility for incorrect delivery addresses entered at the checkout. Any loss caused by incorrect addresses, financial or otherwise, will be your responsibility.
6.5 We offer international delivery to customers in Europe, USA, Canada, Australia and New Zealand. Please be aware that you are liable for any customs charges that may be incurred in sending your item. For further information about international delivery including delivery times, please see our Delivery & Returns page.
7. REFUNDS, RETURNS AND CANCELLATIONS
7.1 Non-personalised items can be returned or exchanged within 14 days. Items should be well-packaged and returned in their original condition.
7.2 You are responsible for both the return postage costs and the cost of delivery of an exchanged item. When returning items to us please ensure you retain proof of postage as we cannot be held responsible for any goods lost in transit.
7.4 Personalised and bespoke items are non-refundable unless damaged at the point of receipt or supplied with errors caused by our negligence. Please contact us to discuss.
8. PRODUCT INFORMATION
Every effort is made to ensure that the Products we supply correspond as closely as possible to the product images displayed on the Website. We have tried to represent the colours as accurately as possible but computer screens vary and so images should be used as a guide only.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 Copyright in the Kimberley Rose Studio logo, Designs, Products, text, photos and graphics contained in this Website are held by Kimberley Rose Studio and cannot be used or reproduced without written permission.
9.2 All IPR in the Designs are owned by Kimberley Rose Studio and all IPR in the Products sold by Kimberley Rose Studio pursuant to an Order under these Terms are and will remain the property of Kimberley Rose Studio and nothing in these Terms will in any circumstances assign sell or otherwise transfer the IPR in the Designs or Products to you or any other person. Furthermore you are not granted any licence of the IPR in the Designs or Products by virtue of these Terms.
9.3 Accordingly Products are sold by Kimberley Rose Studio to you for non-commercial use by you as a consumer only and reproductions of the Design or Products may not be made or re-sold without our express written permission.
9.4 We welcome people sharing our images for example on social media sites but insist that credit is given to Kimberley Rose Studio. All images, text, design and graphics on this Website are owned by Kimberley Rose Studio unless otherwise stated.
10. PRIVACY STATEMENT
11. RIGHT TO ALTER TERMS
We reserve the right to alter these Terms without notice.