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TERMS OF SERVICE

This page tells you the terms and conditions on which We sell any of the products listed on our website.

Using this Website indicates that you accept these terms and conditions together with our Privacy Policy, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use this Website.

1. General Information

www.pollykiss.com is a site operated by pollykiss.com Ltd; Our email address: service@pollykiss.com.

2. Service Availability

We ship worldwide however some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our Shipping Policy page.

3. Your Status

By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 16 years old; and You are resident in one of the Serviced Countries.

4. How The Contract Is Formed Between You And Us

After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when We send you the Dispatch Confirmation.

5. Availability And Delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

6. Price And Payment

(a) All prices found on Pollykiss’s site are final and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
(b) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
(c) Customers may choose to pay by Paypal. Pollykiss reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
(d) If the customer selects a payment method or provides payment information that makes it impossible or impractical for Pollykiss to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of Pollykiss’s own, the customer agrees that Pollykiss may add a charge to the order to recoup costs associated with the processing or attempting to process the impossible or impractical transaction.
(e) Pollykiss may sub-contract third parties to process payment.
(f) If the customer fails to pay, Pollykiss may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.

7. Our Returns Policy

For details on return, please refer to our Return & Refund Policy.

8. Our Liability

If We do not deliver or if the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
Make good any shortage or non-delivery or incorrect delivery; or replace or repair any Products that are damaged or defective, or refund to you the amount paid by you for the Products in question.
If you discover that your product is faulty, please contact us within 24 hours. We reserve the right to request evidence, such as images of the defect, before issuing any refund of the price and/or any associated delivery charges.
We shall have no liability to you for any consequential, special, or indirect losses including without limit the loss of revenues, profits, contracts, business, or anticipated savings damage to or loss of goodwill, reputation, or data.
Without prejudice to the foregoing, our total aggregate liability to you under and/or arising concerning this contract shall not exceed the amount paid by you for the Products.

9. Intellectual Property Rights

All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.

10. Written Communications

Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. Notices

All notices given by you to us must be given to us at service@pollykiss.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

12. Transfer Of Rights And Obligations

The contract between you and us is binding on you and us and our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. Events Outside Our Control

We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a)Strikes, lock-outs, or other industrial action.
(b)Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
(c)Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
(d)Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
(e)Impossibility of the use of public or private telecommunications networks.
(f)The acts, decrees, legislation, regulations, or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. Our Right To Vary These Terms And Conditions

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities or for any other reason in our sole discretion which We may decide.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions unless you notify us to the contrary within seven working days of receipt by you of the Products).

15. After-Sale Service

Questions, comments, or requests regarding these terms and conditions or our Products should be addressed to service@pollykiss.com.

If you have any complaints these should be addressed to service@pollykiss.com.

1. Disclaimers

(a) Pollykiss provides the site and service on an “as is” and “as available” basis. Pollykiss does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. Pollykiss hereby disclaims all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.

(b) You agree that Pollykiss has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data, or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. Pollykiss does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.

(c) Due to normal changes in our industry and our technical production processes, Pollykiss may reasonably deviate from the descriptions and information found in its brochures, catalogs, and other documents concerning material, color, weight, measurements, design, or other features.

(d) Pollykiss may use subcontractors or third parties to provide certain elements of its site and service. You agree that Pollykiss will not be liable to you in any way for your use of these services.

1. Limitation of Liability

(a) You use Pollykiss’s site and service at your own risk. Pollykiss provides its site and service without any express or implied warranties (See Section 16(a) (Disclaimers) above). Pollykiss is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against pureshop or any related third parties. If you are a California resident, you waive California Civil Code §1542, which says in full: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

1. User Representations and Warranties; Pollykiss’s Right to Refuse Performance

(a) If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to Pollykiss that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. Pollykiss may, in its sole discretion, refuse to print any designs or text that you submit. However, Pollykiss is not obligated to review any of your submissions.
(b) You agree to (i) indemnify and (ii) release Pollykiss from all liability (including costs and attorney’s fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of Pollykiss’s site and service. If you are a shop owner with Pollykiss , Pollykiss may offset amounts in your shop owner account to satisfy the indemnification payments owed according to this paragraph.

1. Data Protection

Pollykiss collects and uses your information according to its privacy policy. You acknowledge that you are responsible for securing your own information (including passwords), keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.

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