I. GENERAL PROVISIONS AND DEFINITIONS:
1. Online store operating at https://www.kiltse.com/ (hereinafter referred to as the “Store” ), through which goods in its assortment are sold using the Internet (hereinafter referred to as “Goods” or “Product/s” ), is run by the Seller:
hereinafter referred to as “Kiltse” and/or “Shop” and/or “Seller.”
2. Seller’s identification data:
WORLDWIDE – IO Line Limited with a registered office in Sokratous, 2 Mesa Geitonia, 4006 Limassol, Cyprus, company number: HE 440516, VAT: CY10440516Z
e-mail: [email protected]
3. You can contact the Store by e-mail: [email protected].
4. The store’s Customer is any individual or entity placing or intending to place an Order in the Store or using or intending to use services provided electronically.
5. A Good is a movable item available for sale in the Store, particularly clothing, accessories, and other assortments available on the Store’s website.
6. These Regulations define the rules for concluding and performing sales contracts, providing additional services if provided by the Store on the sale occasion, and providing electronic services.
7. Acceptance of the Regulations’ content is voluntary but necessary to purchase in the Store and/or register the Customer’s account on the Store’s website.
8. In matters not covered by these Regulations, the relevant provisions generally applicable to given legal relationships shall apply.
9. None of the Regulations’ provisions is intended to limit or exclude any rights of the Customers under consumer regulations and other relevant generally applicable regulations. In case of such restrictions or exclusions, the Store will apply the relevant general and applicable provisions.
10. The necessary technical requirements, referred to later in the Regulations, must be met to properly use the functions available within the Store.
11. The store’s website posts information on individual Goods (specifications), prices, and delivery terms.
13. The sale takes place via the Internet in the form of a distance contract. The contract is mutual. The provision of the Store consists of transferring the ownership of the purchased Goods to the Customer under the contract. The Customer’s service consists of paying the price for the purchased Goods. The parties to the agreement are Kiltse and the Customer.
14. The order is placed by the Customer’s declaration of intent submitted via the Store, which results in the will to conclude a contract using the functionality of the Store, submitted using means of remote communication, including the data necessary to conclude and perform the Agreement, in particular specifying the type and quantity of Goods; price, delivery terms; terms of payment, place of issue of the Goods and personal data and other data of the Customer.
15. Technical Requirements: To use the Store, you need a device with access to the Internet, active e-mail, and a web browser that allows you to view websites, in particular Firefox version 65 or newer, Opera version 19 or newer, Chrome version 32 or later, Edge version 18 or later, IE version 11, and Safari version 14 or later. Some Store applications may depend on installing Java, Java Script, or other software specified by the Store and accepting cookies.
16. The Store does not charge fees for distance communication. Still, the Customer may incur costs resulting from the contract concluded with a third party providing him with a specific service enabling distance communication (e.g., a telecommunication operator or service provider for access to the Internet).
17. The store provides the customer with the choice of content in the following languages (to choose from): ENG/UA.
II. GOODS AND ITS PRICE:
1. The Seller unambiguously and unambiguously places all information (specification) on the essential properties of the Goods and their price on the Store’s website. The photographs accompanying the Product are illustrations and may differ from their actual appearance. The descriptions/specifications accompanying the Product are not exhaustive and may contain typographical errors. To clarify information about the Goods, the Buyer can contact by e-mail by writing a letter to [email protected]
2. The subject of the sale is the Goods presented by the Store and marked as available when placing the Order. All content presented in the Store does not constitute an offer to conclude a contract but an invitation to conclude a contract within the meaning of the current legislation.
3. All Goods presented in the Store are new and defects-free.
4. The prices presented in the Store are given in euros (EUR) and US dollars (USD) and are final gross prices (i.e., they include a tax on goods and services). The prices do not include delivery and any costs resulting from the customer’s chosen payment method. At the time of placing the order, the Customer obtains information on the cost of delivery.
5. The Store reserves the right to change the prices of the Goods in the Store’s offer, withdraw and introduce new Goods to the Store’s offer, carry out and cancel promotional campaigns, or make changes to them. The Store may also issue gift cards for the purchase of Goods in the Store
6. The Store may introduce regulations or rules regarding promotional campaigns or the issuance of gift cards. If there are no separate regulations, the provisions of these Regulations apply to the conditions of the promotion and issuing of gift cards.
7. Gift cards can be purchased at the prices indicated in the Store. They can only be used to purchase KILTSE products, but not further gift cards. If the gift card’s value is insufficient to place an order, the difference can be covered using one of the offered Store payment methods. The Kiltse Gift Card is a non-bank debit card issued by the Kiltse of a certain denomination (hereinafter called Gift Card/Card). The Cardholder has the right to receive goods from the assortment of the Kiltse for an amount equal to the face value of the Card. The card cannot be exchanged for other Gift Cards of smaller denominations or cash. The exchange and return of goods purchased using Kiltse Gift cards are carried out on a general basis, subject to restrictions, for goods that are not subject to exchange or return. At the same time, the funds paid for the goods are returned in the same way as when purchasing the goods (in the case of payment using a Gift card, the funds will be returned to the Gift card or, if the card was withdrawn when paying for the product, another card will be provided for the amount of funds spent during the purchase). The term of validity of the Kiltse Gift Card (the Card is valid) is usually one year from its activation (sale) unless another term is indicated on the Card. If the Customer does not use the Card within its validity period, Kiltse’s obligation to release the Goods at the expense of the Card’s face value shall be terminated. At the same time, the validity of the Card is not renewed or extended (is not prolonged), and the funds paid for the Card are not returned to the Customer, regardless of the reasons for the Customer missing the validity period of the Card. The Kiltse Gift Card is the property of Kiltse and is subject to withdrawal by Kiltse after use.
The purchase of the Card indicates the сonclusion of the contract between the Kiltse and the Customer of the Card under the terms of these Regulations; the Customer makes an advance payment for the Goods in an amount equal to the face value of the Card; the possibility of the Customer or a third person, the Card Holder, during the validity of the Card, to use the Card as a payment for the amount within the nominal value of the Card for Goods from the available assortment and at the prices set by Kiltse on the day of purchase of the Goods. The card must be used exclusively during one trade transaction (purchase of Goods with one order); Kiltse Gift Card can be used only once for a payment amount that does not exceed the face value of the Gift Card; when purchasing goods for less than the face value of the Card, the rest is non-refundable. When purchasing Goods with a value greater than the face value of the Card, additional payment is made in cash or with a bank card or another Kiltse gift card.
The purchased Gift Card cannot be returned in exchange for cash (in whole or in part).
From the moment of purchase of the Card, the Buyer bears the risks of accidental loss, unauthorized transfer of the QR code to third parties, or damage to the Card. The Kiltse is not responsible for the consequences of loss, damage, or destruction by the Customer or third parties of the Card purchased by the Kiltse or transfer of the QR code Card by the Customer to a third party.
A lost (damaged) Card cannot be restored and/or used.
8. In each case of informing about the price reduction of the Goods, next to the information about the reduced (e.g., reduced as a result of the introduction of promotional campaigns) in the Store, TTSWTRS displays the lowest last price of the Goods available in the Store within the last 30 days before the price reduction is applied.
III. PLACEMENT OF ORDERS AND CONCLUSION OF AGREEMENT:
1. After completing the entire order placement procedure, orders are accepted via the Store’s website, https://www.kiltse.com/.
2. When placing an Order, the Customer performs at least the following actions: selecting the Goods, adding the Goods to the basket, providing data enabling the payment, choosing the method of payment for the Goods, indicating the delivery address, and choosing the delivery method, placing the order by using the “Buy” button [or other equivalent designation], payment processing and other activities necessary to place an Order and required by the Store.
3. Orders can be placed 24 hours a day, on each calendar day, subject to periods related to the conduct of works aimed at providing the Customer with proper access to the Store’s functionality or the occurrence of obstacles beyond the Seller’s control.
4. The Customer is obliged to provide correct data enabling the submission of the Order, carrying out the payment transaction, contact, and delivery of the ordered Goods (the scope of the necessary Customer data is indicated on the website.) Before providing the data, the Customer can read the rules of personal data processing.
5. Providing personal data is voluntary but necessary to conclude and perform the contract. (Article 6(1)(a) of the GDPR). The scope of the collected Customer data is adequate for processing. Detailed rules for processing personal data are set out in the Privacy Policy.
6. The Store is not responsible for the consequences of incorrect data provided by the customer and the execution of the purchase transaction.
7. Completing the Order form by selecting the “Order and pay” option (or an equivalent) means placing an Order and expressing the Customer’s will to conclude a contract for the sale of Goods in the number and price and on the terms specified in the Order and the Regulations.
8. Providing personal data is voluntary but necessary to complete the purchase transaction. Before providing data, the Сustomer can familiarize himself with the rules for processing personal data. To complete the order, the Customer must provide an email address and other personal data indicated on the website. The scope of data is adequate for processing – conclusion, and implementation of a legal relationship. The data administrator is Kiltse. Detailed rules for processing personal data are set out in the Privacy Policy.
9. The Store reserves the right to withdraw from the order if the data provided by the Customer is incomplete, incorrect, or untrue. Due to the provided data, the Store may request the Customer to complete or correct them before completing the order. Before the final approval of the order, the Customer has the option of re-checking and possibly modifying all data. The Store encourages Customers to verify the correctness of the data provided.
10. The Store reserves the right to refuse or cancel an order if it was placed using software, robot, crawler, spider, automated system or script behavior, or any third parties used to place the order on behalf of the Customer.
11. After placing a binding order for the Goods in the basket, the Customer, without undue delay, receives information about the acceptance and confirmation of the order to the e-mail address indicated in the order. The contract for the sale of Goods offered through the Store is concluded upon acceptance and confirmation of the Customer’s order by the Store.
12. The Store takes steps to ensure the availability of products presented on the website. The store must make deliveries from its available stocks and stocks ordered from suppliers. In exceptional cases, in particular, if the Store’s suppliers fail to deliver the stock correctly or on time (despite the Store’s adherence to proper procurement practices) or as a result of force majeure, a given Good may be unavailable.
13. In this case, due to the impossibility of fulfilling the service, the Customer will receive information about the inability to complete the order without delay. If the above situation occurs and the payment is received by the Store, these payments will be returned to the Customer in full without undue delay.
IV. PAYMENT/DELIVERY:
1. The Store accepts the following payment methods: payment on the store’s website’s payment page, electronic invoice for the Goods by bank card, or bank transfer.
2. The Client always bears the costs of financial transactions.
3. The Store reserves the right not to accept specific payment methods for a given order and to refer to other payment methods.
4. Delivery is carried out using national and international professional operators, DHL, FedEx, UPS, or other companies at the discretion of the Store. Detailed delivery terms can be agreed upon between the Customer and the store manager during the confirmation of the order.
5. Generally, the customer covers the cost of delivery. The shipping price may depend on the choice of the delivery method, the value of the ordered Goods, or the destination of the shipment. The Store may also specify the terms of free delivery. The customer gives the final price of the shipment before placing the order.
6. Delivery costs are calculated and charged by the Store.
7. The Customer is informed about the delivery date on the product details page before placing the order. Generally, the Goods are shipped within three working days from the date of conclusion of the contract. Delivery of the Goods takes place at the latest/maximum of 14 working days from the date of conclusion of the contract. The Store informs us that the delivery time applies to working days only, excluding weekends and state and public holidays. Delivery may be delayed due to unforeseen circumstances that are not the Seller’s fault.
8. After receiving the package with the delivered Goods, the Customer is obliged to check the condition of the packaging and its contents. When the Customer accepts Goods from a courier, the Customer must check the Goods and their compliance with the declared quality, assortment, and completeness, as well as the service life of the delivered Goods and the integrity of the packaging. Without claims to the delivered Goods, the Customer must sign the “Order Delivery Form.” The signature on the delivery documents indicates that the Customer has no claims to the Goods and that the Store has fully and properly fulfilled his obligation to deliver the Goods.
9. The Store’s obligation to deliver the Goods to the Customer is considered fulfilled when the Buyer receives the shipment, as this moment is determined under the current rules of postal communication.
10. The Сustomer agrees to receive invoices and payment notes only electronically.
11. The Сustomer agrees to assign the Store’s due claims resulting from the concluded legal relationship.
12. The Сustomer is aware and agrees that:
Delivery is a separate service that is not an integral part of the Goods purchased by the Buyer and which ends when the Сustomer receives the Goods and makes payment for them. Claims to the quality of the purchased Goods that arise after receiving and paying for the Goods are considered based on the current legislation on consumer rights protection and the Seller’s warranty obligations. In this regard, purchasing the Goods with delivery does not give the Сustomer the right to demand the delivery of the purchased Goods for warranty service or replacement. Also, it does not allow the Сustomer to carry out warranty service or replace the Goods by sending them to the Store. The purchase of the Goods also does not provide for the possibility of returning the cost of delivery of the Goods in cases where the Сustomer has the right to return the cost for the Goods under the current legislation on consumer rights protection;
all goods purchased by the Store on the Internet and shipped may be subject to import taxes, duties, VAT, and import restrictions in the country of receipt specified by the Сustomer, the payment of which is the Сustomer’s responsibility. Their amount may not be in whole or partially compensated by the Store or calculated in advance via the Internet.
V. REGISTRATION AND CREATION OF A CUSTOMER ACCOUNT
1. The Customer registers free of charge to create a customer account; however, registration is unnecessary to place an order in the Store.
2. To register, the Customer should complete the form on the Store’s website and send it electronically by selecting the appropriate function. Before submitting the registration form, the Customer has the right to read the Regulations and the principles of personal data processing (Privacy policy).
3. After sending the completed registration form, the Customer immediately receives registration confirmation by email to the address provided in the registration form. An agreement to provide services electronically (keeping a customer account) has been reached. The Customer can change the data provided during registration by sending an email about data changes to the Store at [email protected]
4. In connection with registering the account, the Store reserves the possibility of downloading the Customer’s voluntary consent to process the Customer’s data for marketing purposes (the so-called marketing consent). In this case, the Customer receives information about the rules for processing personal data concerning the consent granted. The consent may be withdrawn at any time by submitting an appropriate statement to the Customer. The Customer’s expression of marketing consent does not condition the possibility of concluding a contract to provide electronic services for maintaining the Customer’s account or making a purchase in the Store.
5. The Customer may terminate the contract for the provision of electronic services (deleting the account) by sending to the Store an [email protected] declaration of will of the Customer with a request to delete the account (from the e-mail address where the account is set up).
VI. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. The Customer (Consumer) may withdraw from the contract without giving a reason within 14 calendar days, while the period for withdrawing from the contract begins for the contract in which the Store issues the item, being obliged to transfer its ownership – from taking possession of the item by The Customer (Consumer) or a third party indicated by him other than the carrier, and in the case of a contract that includes many items that are delivered separately, in batches or parts – from taking possession of the last item, batch or part.
2. The Customer (Consumer) may withdraw from the contract by submitting a declaration of withdrawal via contact, indicated in p. 2, p. 3 of section I of this Regulation.
3. To meet the deadline, sending a statement before its expiry is enough. The statement may be submitted in any form: by traditional mail, by e-mail, orally, e.g., by telephone. However, the Store recommends submitting a statement by traditional mail or e-mail for evidence purposes. The Customer may also use the contact form attached to these Regulations (it may be sent by traditional mail or e-mail).
4. In the event of withdrawal from the contract, the Customer (Consumer) is obliged to return the purchased goods within 14 days from the contract’s withdrawal date. The goods should be sent to the following address:
Carrer del Puig de Pollenca 71A Esc 2, Piso 2B 07015 Palma, Spain
No later than 14 days from receipt of the declaration of withdrawal from the contract, the Store will return to the Customer all payments made by him. Payments made will be returned using the same method of payment as used by the Customer unless the Customer expressly agrees to a different method of return, which does not involve any costs for him. The Store has the right to withhold the refund until receipt of the Goods back or delivery by the Consumer of proof of its return, depending on which event occurs first.
6. If the Customer (Consumer) has chosen a method other than the cheapest standard delivery method offered by the Store, the Store is not obliged to reimburse the Customer (Consumer) for the additional costs he incurred.
7. The Customer (Consumer) is responsible for the decrease in the item’s value as a result of using it beyond what is necessary to establish its nature, characteristics, and functioning.
8. In the event of withdrawal from the contract and return of Goods by international delivery service, the Store is not obliged to reimburse the Customer (Consumer) for the additional customs or tax payments related to the returned Goods shipment. If such additional costs exist, the Customer shall pay them on his own, or, in the case of placing payments for such additional costs by the Store at the time of the delivery of the returned Goods, such additional costs are subject to deduction from the amount of funds paid for the goods, that subject to return to the Customer after Goods returning.
9. The Goods should be returned together with all attached documents, including accounting documents if they were issued to the Customer (Consumer), and—if possible—in the original packaging.
10. Return of good quality Goods.
10.1. The return of Goods is possible if the Goods have not been used, and their appearance, consumer properties, seals, labels, and the settlement document issued to the Customer together with the sold Goods are preserved.
10.2. If the Customer rejects the Goods that have already been sent to the Customer, the Store shall return to the Customer the cost of the returned Goods, except for the penalty for the refusal of the Goods according to p. 10.4 of VI section of the Regulations, which is determined by the Store individually for each Order, within 30 days from the date of receipt of the returned Goods to the Store’s warehouse together with the return application filled out by the Customer. The Customer pays the return delivery cost of the Goods in case of return. The refund of the price of the Goods is carried out exclusively to the person specified in the Order for the Goods. If the Customer has provided incorrect information in the Order, the Store reserves the right to refuse such Customer a refund.
10.3. If similar Goods are unavailable for sale at the Customer’s request, the Customer has the right to refuse the execution of this Agreement and demand the return of the amount paid for such Goods. The Store returns the price paid for the returned Goods within 30 days from when the Goods is returned.
10.4. The penalty for refusal in p. 10.2 of VI sections of the Regulations is the total costs incurred by the Store in the event of the Customer’s refusal to receive his order, namely round-trip delivery costs, including the costs of delivery of the exchanged goods, customs clearance costs Goods (including import duties, VAT, brokerage services, etc.) and any other costs incurred by the Store in connection with such return.
10.5. If the Customer returns Goods of proper quality, but after receipt by the Store, it turns out that the Goods cannot be returned for any reason based on the current legislation on consumer rights protection or any reasons specified in these Regulations, this product is returned to the Customer at his expense.
10.6. In delivering Goods by international delivery services such as DHL, FedEx, UPS, and others, delivery is made on terms “to the door” of the Stores. Confirmation of receipt of the Goods is a signature upon receipt of the parcel by the Customer or another person living at this address (under the rules of transportation of the relevant courier and postal delivery services). Also, the Goods are considered delivered to the Customer if the Customer instructs the representatives of the above delivery services to leave the package at the door without the Customer’s presence. In this case, the risk of not receiving the parcel rests entirely with the Customer.
11. Return of Goods of inadequate quality:
11.1. Inadequate quality—Goods with defects cannot fulfill their functional qualities. The Goods received must correspond to the description on the website or in the email. Differences in design or design elements from those described in the online/email description do not indicate poor quality or functionality of the Goods.
11.2. The Customer checks the appearance and completeness of the Goods and the completeness of the entire Order during the delivery of the Goods. When receiving the Order, the Customer must confirm that the Goods have no visible defects, scratches, or other injuries and that the Goods are entirely suitable for their intended use.
11.3. After receiving the Order, no claims are accepted regarding external defects of the Goods, their quantity, completeness, and appearance.
11.4. If the Goods of inadequate quality were delivered to the Customer and the Store did not agree otherwise in advance, the Customer may return the Goods. The return of such Goods is carried out at the customer’s expense.
11.5. Claims regarding the return of Goods are subject to consideration within 30 days from the relevant claim’s submission date.
5.5. Refunds are made by returning the value of the paid Goods to the bank card used for payment or by bank transfer, depending on the method of payment for the Goods.
5.6. The product warranty is established by the manufacturer and indicated on the label or label. The seller must ensure proper application and use of the Goods during the warranty period.
The Store is not responsible for the defects of the Goods if they arise after their transfer to the Buyer due to the Customer’s violation of the rules for the use/storage of Goods, actions of third parties, or force majeure.
12. The Сustomer is aware of and agrees with the following list of Store Goods of proper quality that are not subject to exchange (return):
Non-food products:
– corset goods;
– perfumery and cosmetic products;
– feather and down products;
– gloves;
– body underwear;
– hosiery products;
– goods in aerosol packaging;
– jewelry made of precious metals, precious stones, precious stones of organogenic formation and semi-precious stones;
– other goods that are not subject to return under the current legislation on the protection of consumer rights.
VII. COMPLAINTS AND RIGHTS ARISING FROM WARRANTIES
The Сustomer has the right to submit a complaint based on the warranty in the event of physical or legal defects in the Goods.
VIII. INTELLECTUAL PROPERTY RIGHTS
1. The Store’s website, in particular the text posted on it, software, sound, graphics, photos, video, page layout and selection of content posted on the Store’s website, names, logos, logotypes, trademarks, and other materials that are presented on the Website are the subject of protection of the law, based on the provisions of copyright and related rights, and the provisions of industrial property law. The materials posted on the Store’s website include both materials to which Kiltse has the rights and materials to which third parties are entitled, and it is not allowed to distribute or use them, including their copying or use, without obtaining the prior written consent of the authorized entity.
2. Customers are entitled to use the materials made available on the Store’s website for personal use under the relevant provisions of the intellectual property law; however, they do not acquire rights or licenses to them.
3. The materials posted on the Store’s website may not be published, copied, modified, may not be disassembled, reproduced the source code, or used in any way and any form without the written consent of the holder of intellectual property rights, except for cases of fair use and with all legally required information about the reservation of any copyright and the source of the materials.
4. Kiltse allows you to download materials for personal and non-commercial purposes. Modifying materials or using them for other purposes constitutes a violation of copyright or related rights. Customers may not use the website on which the Store is located or the information contained therein to create databases.
IX. CHANGES TO THE REGULATIONS
1. The Regulations may be changed at any time, particularly to adapt to changes in the law. Each Customer should regularly check the terms of the Regulations.
2. Amendments to the Regulations are effective from the moment of their announcement unless otherwise provided in its provisions. The terms and conditions of contracts concluded before the amendment to the Regulations remain unchanged until they are performed. Changes to the Regulations do not violate acquired rights.
3. If the Customer does not agree to the change in the Regulations, he should stop using the Store.
4. In the event of any inconsistency between the old and new provisions of the Regulations, the new provisions shall prevail.
X. FINAL PROVISIONS
1. In matters not covered by these regulations, the provisions of the Civil Code, the Act on consumer rights, the Act on the provision of electronic services, and other relevant law provisions shall apply.
2. The parties may not, by agreement, abolish or limit the provisions contained in the above-mentioned acts.
3. The invalidity of one of the provisions of the Regulations confirmed by a decision of a competent court does not invalidate the remaining provisions of the Regulations.
4. The Regulations are valid from 17.08.2022