Terms & Conditions
This website is operated by
27 Old Gloucester Street
London WC1N 3AX
Throughout the site, the terms “we”, “us” and “our” refer to E-COMWAY LTD.
E-COMWAY LTD. operates 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 here.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - CONTENT OF THE WEBSITE
Any content provided on this site shall not constitute an offer and is only of informational character.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
This does not apply to the price which has been accepted by you and your order was accepted.
Please however note that all costs related with currency exchange and currency conversion shall be borne by you. E-COMWAY LTD. is not liable for applying higher conversion rates by banks or payment operators.
Please note, that for some countries we cannot offer free standard shipping. In this cases, we offer secured shipping with tracking, by a fee. Information about amount of shipping costs will be provided to you after providing your shipping details, including address and the state. It results from differences in shipping costs depending on the country of delivery.
Please note, that prices for the same product can differ depending on the country of your residence or place of delivery or place of shipping. In particular, we may have an obligation to add sales tax or value added tax or other tax to the price. You will see the full price including shipping costs before confirming the order.
The price with shipping costs DOES NOT INCLUDE customs duty, import tax, value added tax paid by import and any other duties, taxes and public burdens connected with importing the product. E-COMWAY LTD. is not importer of the products, it is not obliged to pay the import duty and value added tax. All obligations for payment of customs duties, value added tax resulting from import and any other fees related to import shall be borne solely by you as a buyer. E-COMWAY LTD. is not responsible for customs debts. You are not entitled to any claims against E-COMWAY LTD. if the products have been detained abroad, have not passed through customs , has been seized by border or customs guard or the sender has unreasonably sent the products with undervalued value as a gift.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. The same applies to proportions and size. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
E-COMWAY LTD. is not responsible, if the product is prohibited, illegal or with restricted use in the country of your residency or delivery. You are solely and exclusively responsible for this and it is strongly recommended that you check and verify the relevant legislation or consult the lawyer to determine, whether importing or using the product is permissible in the country of your residency of delivery. You are solely responsible for illegal import of the product if it is prohibited, illegal or with restricted you in your country of residency or delivery.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your subjective expectations.
You are obliged to use the product in accordance with the instruction, document attached to the product and general rules of sae use. The composition of the product will be specified in the attached documents or on the packaging. We are not responsible for your possible allergies to the ingredients of the product; you shall read the ingredients list carefully, if you are allergic to any ingredient, you shall not use the product. In case of any doubt, it is strongly recommended to consult a doctor.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We cannot be responsible for illicit use of our credit card details. Therefore, always keep your credit card secure and protected before stealing or scanning its details. Also please be sure, that providing your credit card details during buying process, your computer is free of viruses, worms, trojans or spyware or malware or it is not monitored by any technical means. We bear no responsibility for disclosing your credit card details to third party or your negligence and undue care in protecting your credit card details.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of products, goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall E-COMWAY LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13a. - COMPLAINTS FOR DEFECTIVE PRODUCT
- If the Product is defective, you are entitled to claims under the relevant provision of relevant legislation.
- For this purpose, you are obliged to immediately inform us, enclosing a detailed description of the defect in the Product (the Complaint).
- Complaints you may submit in writing or electronically together with the complained products and a receipt (if you have received it), protocol of delivery and all other documents received with the products (packaging, user’s manual, ingredients list relevant certificates), Please not, that we are not responsible for the loss of shipment in transport carried out at the request of you. If you are a consumer, lack of receipt, photo material or protocol may not be the sole basis for refusing to accept the complaint, if the circumstances of purchasing the product can be established on the basis of other evidences. The complaint shall contain your data, the description of the product and description of a damage, the price of product with shipping costs. In the absence of any of this data, we can call you to complete the complaint within the time limit set by us, not shorter than 7 days. If the complaint will not be completed, we may refuse to recognize it.
- We have a right to refuse to consider the complaint, if in particular:
A. Defects of the product are the result of
- Actions of external factors;
- Exposure to high or low temperatures; the products do not tolerate frost and heat;
- Action or thermal or chemical factors;
- Inconsistent with the user’s manual;
- Unauthorized repairs, alterations, design or constructions changes to the product;
- All reasons and causes attributable to use;
- overloading of the product resulting from its excessive use or operation in inappropriate conditions;
C. You or other person changes the color, length, thickness or other dimensions or parameters of the product and the defect is related to this;
D. There is a change in the length, thickness, density, composition or other dimensions or parameters of the product due to normal use;
E. Defects result from improper use, in particular contrary to the description or rules of safe use of the product.
- The following situations are not a defect of the products:
A. Situation you simply do not like the product because of aesthetic factors, the product does not match the aesthetic concept you have assumed, you do not like a colour of the product or you claim, that the product does not look like well in your home, office etc.;
B. When the design or other properties do not meet the subjective expectations of you or depend on the individual characteristics or properties of you;
C. When you indicate that the product does not look like or have the same properties as the same or similar product purchased in another store (e.g. stationary);
D. When the colour of the product is irrelevantly different from the appearance on the Website if these differences are the result of monitor settings, computer equipment or graphics.
- If you are not a consumer, we are not responsible for actions or omission of persons we use in the performance of the sale contract, to whom we entrust the performance of this contract or with the help of whom we perform this contract (e.g. payment operators, banks, courier, mail, delivery or transport companies).
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kate & Son and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 18 - GOVERNING LAW AND COMPETENT COURT
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3 Baker Lane London GB CR4 2LG.
All disputes arising out of these Terms of Service, including this relating to purchasing the product, complaints shall be settled solely and exclusively by the following court: The Court competent for the Kate & Son registered seat, unless the mandatory provisions of law state that another court shall be competent (in case of EU-consumer disputes).
Because some states or jurisdictions do not allow the exclusion of the court competent under mandatory provisions of law, in such states or jurisdiction this court shall be competent to the extend required by this mandatory provisions of law.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CURRENCY EXCHANGE RATE
E-COMWAY LTD. only supports payments in USD. Your order total will be converted to USD at the daily exchange rate determined by your bank by the moment of payment. We do not bear responsibility for currency exchange rates determined by banks or payment operators.
SECTION 21 - SHIPPING COST AND TAX
Information about the amount of shipping costs will be provided to you after providing your shipping details, including the address and the state. It results from the differences in shipping costs depending on the country of delivery. Any Taxes will be calculated at the checkout page and added to your order total.
You may choose the following method of payment:
1) by PayPal – you have to have a valid PayPal Account;
2) by credit/debit card – we accept the following cards: Visa, Master Card, American Express. If you choose payment by credit card, you have to give correct details of your valid credit/debit card, including a CVC code. Please note that the paid sum will be deducted automatically from your bank account.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org