Terms and Conditions | Kali Forbes

TERMS & CONDITIONS CONTENTS

The terms and conditions found on this page set out the following policies and information:

1. TERMS & CONDITIONS OF SALES

ORDERS & PAYMENT

Our website is hosted on the Wix.com platform. The payment provider we use is Wix payments. All direct payment gateways offered by Wix.com and used by the Kali Forbes business adhere to the standards set by 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.

Kali Forbes reserves the right to cancel an order, or part thereof, if a product becomes unavailable; we do not deliver to your area; or one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. We will refund the relevant amount but will not be liable for any other costs incurred as a result of the unavailability.

Please check your invoice/sales receipt carefully as items will be supplied as per this. We require full payment to confirm your order and begin production.

Kali Forbes reserves the right to cancel or refuse to accept an order due to erroneous information or payment not being received.

DELIVERY

Delivery dates given on this site are non-binding estimates only, based upon the best available information concerning manufacturers lead times and transportation schedules. Therefore, orders may be shipped on, prior to, or after the estimated date (after notification to the buyer).

For all overseas customers (including in the EU from 1st January 2021), goods are delivered DAP/DDU ie if there are any customs duties or local taxes to pay these will need to be paid by the customer (for EU customers this will include VAT) as the goods are imported. There may also be a fee charged for customs clearance by the shipping company, this varies from country to country.

Specific delivery conditions requested by the buyer should be given at the time of order placement, charges may change accordingly.

Customers should inspect deliveries as quickly as possible for any damage and let us know within 7 days. After 7 days the goods will be deemed to have been accepted as undamaged by the customer.

RETURNS & REFUNDS

For full information regarding refunds and returns, please view our Returns and Shipping policy

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to the customer and the customer will be responsible for return shipment of the product to us.

KEY COMMERCIAL TERMS

It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations please contact us by sending an email to info@kalforbes.com

Kali Forbes reserves the right to alter, suspend or discontinue any part of the Website (including the listed products) at any time. It shall be your own responsibility to ensure that any products available through this website meet your specific requirements, please email us with any questions that you may have before making a purchase.

When buying an item, you agree that:

(a) you are responsible for reading the full item listing before making a commitment to buy it;

(b) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.

CLAIMS

Claims for in-transit damage and order shortages must be notified to Kali Forbes within 7 days of delivery. Failure to make such claims within the specified time constitutes acceptance of the merchandise and quality thereof.

We will not accept claims for damage resulting from storage by the buyer or for damage and faults resulting from accident, negligence, alteration or misuse after delivery.

Claims for faulty products must be made via email. Proof of purchase will be required.

Photographic evidence and/or returned products may be required when claims are being made.

If products were bought through a retailer and not directly from this website then please make claims to that retailer.

If you have any questions or complaints about our products please contact us. You can do so by sending an email to info@kaliforbes.com

DISPUTE RESOLUTION

These terms and conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

2. SHIPPING & RETURNS POLICY

SHIPPING

Kali Forbes offers free shipping within the UK on purchases made through this website. UK orders are shipped using Royal Mail Special Delivery and are trackable and insured. Depending on the quantity of items in your order, we may dispatch items in more than one parcel.

If the item is in stock at time of purchase, then we aim to dispatch the order within 3 working days. Royal Mail Special Delivery is guaranteed by 1pm the following day Monday - Friday. There are some exceptions to this service, specific UK postcodes that are exempt from these time frames can be found on the Royal Mail website here.

If you would like to purchase something to be delivered outside of the UK, then please get in touch by emailing info@kaliforbes.com and we will try our best to fulfil your order. If it is possible for us to fulfil your overseas order, goods are delivered DAP/DDU i.e. if there are any customs duties or local taxes to pay these will need to be paid by the customer (for EU customers this will include VAT) as the goods are imported. There may also be a fee charged for customs clearance by the shipping company, this varies from country to country.

RETURNS

In keeping with UK law, we accept unwanted item returns for a full refund on products that have been purchased from this website, as long as we are notified of the return by emailing (including proof of purchase) info@kaliforbes.com within 14 days of delivery.

The item(s) must then be returned to us within 14 days of this notification and we must receive the item(s) back in an unworn, fully resaleable condition and in their original packaging. Once we have received the goods back, we will process the refund using the same payment method used to place the order within 14 days.

We advise you to return orders using a trackable, insured service (such as Royal Mail Special Delivery), it is your responsibility to ensure that we receive the returned goods undamaged and we will not issue refunds for lost goods or goods damaged in transit back to us.

The cost of the return must be paid for by the customer. If you would prefer to return the item(s) to our South London Studio, in most cases this can be arranged so please enquire about this when notifying us of the return.

The below purchases are exempt from the returns policy (unless they have suffered a manufacturing fault):

Bespoke pieces (including heirloom remodels)
Customised pieces (for example but not limited to; resized rings, engraved jewellery etc)
Earrings or other pierced jewellery

All time periods given in these policies will be extended to the next working day if they end on a Saturday, Sunday or Bank Holiday.

3. USE OF WEBSITE

Welcome to our website. This website is owned and operated by the sole trader Kali Ratcliffe who trades as Kali Forbes. Throughout the site, the terms “we”, “us”, “our”, “them” and “Kali Forbes” refer to Kali Ratcliffe.

Kali Forbes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated on this site.

If you (the ‘user’) continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy (including our use of cookies), and our Shipping & Returns Policy govern Kali Forbes' relationship with you in relation to the use of our services. If you disagree with any part of these terms and conditions, please do not use our website.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English and Welsh courts.

WEBSITE ACCESS

It is not necessary to register with us in order to use this Website. All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time. Where possible we always try to give advance warning of maintenance issues that may result in Website down-time, but we shall not be obliged to provide such notice.

USE OF WEBSITE

This Website may be used for your own private purposes and in accordance with these terms of use.

All website content belongs to Kali Forbes, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such content is protected by copyright and other intellectual property rights.

You may print and download material from this Website only for your own personal use. You must not otherwise copy, modify, reproduce or distribute our Website content without our prior written consent.

You may not use the Website in any way which: causes, or may cause, damage to the Website; interferes with any other person’s use of the Website; in any way which is unlawful, illegal, abusive or objectionable.

For information on what happens with the information that you provide to us on this website (ie during the purchase process) please see our privacy policy.

LINKS TO AND FROM OTHER WEBSITES

Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.

Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

By linking to this website in breach of the above clauses, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

INTELLECTUAL PROPERTY, COPYRIGHT & LOGOS

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Kali Forbes. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

EXCLUSION OF LIABILITY

Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate, we do not guarantee that all material is accurate and/or up to date. We give no warranty that the service will be free of defects or faults and we provide no warranties of fitness for purpose, accuracy, compatibility or quality.

We take reasonable steps to ensure that the Website is secure and free of errors, virus and malware but give no warranty in that regard.

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

To the maximum extent permitted by applicable law, in no event shall Kali Forbes, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Kali Forbes assumes no liability or responsibility for any:

(a) errors, mistakes, or inaccuracies of content;

(b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and

You agree to indemnify and hold Kali Forbes harmless from any demands, loss, liability, claims or expenses (including legal fees), made against us by any third party due to, or arising out of, or in connection with your use of the Website or any of the services offered on the Website.

WEBSITE & PRINTED CONTENT

Our photos on the website and in printed brochures are as accurate as possible. However, please note that our products may have variations due to their natural materials and production processes and that colour may vary due to screen and print quality.

Measurements are approximate and can also vary slightly.

The information contained on the Kali Forbes website and printed brochures is for general information purposes only.

4. PRIVACY POLICY

At Kali Forbes we are committed to preserving the privacy of our visitors. We use the information that we collect lawfully, in accordance with the Data Protection Act 1998 and the Directive on Privacy and Electronic Communications 2003 as well as the General Data Protection Regulations 2018.

This policy explains what happens to any personal data that you provide to us, or that we collect from you whilst you visit our site, as well as information on how we use cookies on this website. Please review this policy regularly in case of future changes.

WHO WE ARE

The sole trader Kali Ratcliffe, trading as Kali Forbes
Registered address: Coldharbour Studios, 26-34 Southwell Road, Studio 11, London, SE5 9PG
Website: www.kaliforbes.com
Email: info@kaliforbes.com

Depending on our interaction with you, both on our website and via other communications, we may store various pieces of your personal data. When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address.

Please be assured that we will never sell your data and will only pass it on to third parties as described below.

WHAT INFORMATION WE COLLECT

We receive, collect and store information you enter on our website or provide us when you register/email us for information or make a purchase. This data may include your email address, name, phone number, purchasing history and invoicing/delivery address. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet.

We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page.

When processing payments, some of your data will be passed to our payment providers, including information required to process or support the payment, such as the purchase total and billing information. When making a purchase through our website, we accept payments through Wix payments.

HOW WE STORE INFORMATION

Our website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.

All direct payment gateways offered by Wix.com and used by the Kali Forbes business adhere to the standards set by 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.

Wix's privacy policy can be viewed here.

WHY WE COLLECT THIS INFORMATION

We use this data to provide our services to you. For example, to respond to requests for information, place orders, communicate with our suppliers and customers, process orders, communicate with our payment provider, prevent fraud and dispatch goods.

We may contact you to notify you regarding your account, to troubleshoot problems with your account, to send updates about product launches, events and sales, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

WHO WE SHARE THIS INFORMATION WITH

Wix payments (our payment provider)
Delivery companies
Wix.com (our website provider)

On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.

If you click on the social media button(s) on the footer or anywhere else it is displayed on the website or through our communications, this will take you off our website and onto those websites who have their own policies on privacy and cookies for you to consider. Please see those company websites for more information.

USE OF COOKIES

Our website uses cookies, this helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

We use the following cookies to optimise your experience on our site and to provide our services:

XSRF-TOKEN
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svSession
SSR-caching
_wixCIDX
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consent-policy
smSession
TS*
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fedops.logger.X
wixLanguage
ecom.wixapps.net
instafeed.codev.wixapps.net

By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies.

Please note that by deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our site.

Further information about cookies can be found at https://allaboutcookies.org/

If you don’t want us to process your data anymore, please contact us by sending an email to info@kaliforbes.com

RIGHT TO CHANGE/MODIFY

We reserve the right to modify these terms without notice. Therefore, you should review this page(s) periodically. Should this happen the new Terms and Conditions are immediately effective and automatically supersede prior published information. Your continued use of the Website or our service(s) after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

CONTACT

For any questions please contact: info@kaliforbes.com