TERMS AND CONDITIONS
1. Introduction
1.1. This website is owned and operated by Klara Hinde trading as “SO KLARA”. Our contact information is at the end of this document.
1.2. Please read these terms and conditions carefully. They apply when you buy any goods via this site or otherwise use this site. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
1.3. Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly that person’s trade, business, craft or profession.
1.4. We are legally required to remind Consumers that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects Consumers’ legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens' Advice Bureau.
1.5. Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
1.6. We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases or use of our site occurring after the effective date shown.
2. Right to cancel
2.1. If you are an EU Consumer, you have the right to cancel this contract subject to the provisions set out below. This right is not affected by any separate returns policy on our website.
2.2. If you do have the right to cancel, the following instructions apply:
Right to cancel
2.3. You have the right to cancel this contract within 14 days without giving any reason.
2.4. The cancellation period will expire after 14 days from the day:
a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or
b) (in the case of multiple goods ordered by you in one order and delivered separately) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
2.5. To exercise the right to cancel, you must inform us via SO KLARA: Email:klara@soklara.com, Tel: +44 (0) 7923362088 of your decision to cancel this contract by a clear statement (e.g. an e-mail).
2.6. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
2.7. If you cancel before SO KLARA dispatches any goods your money will be refunded and the goods will not be delivered.
2.8. We will offer a refund or exchange on unworn and undamaged items with their original packaging within 14 days of it being received by you. Refunds will be made to the credit or debit card used to purchase the item(s) in accordance with these terms and conditions.
2.9. We will make the reimbursement without undue delay, and not later than:
a) 14 days after the day we receive back from you any goods supplied
b) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
2.10. We will make the reimbursement using the same means of payment as you used for the initial transaction, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back.
2.11. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
2.12. You will bear the direct cost of returning the goods.
3. Minor variations in goods
3.1. We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance / colour / texture / finish of our goods. However, you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on our website. For example, the colour tone may differ.
3.2. The labeling or packaging of the goods you receive may differ from the images of these which you see on our site.
4. Payment and price
4.1. Payment is in advance by the means stated on our payment page. Dispatch of the goods is subject to our receipt of full payment in cleared funds.
4.2. Our prices may change from time to time. The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included in any price shown.
4.3. Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. NB Our charges do not include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.
4.4. If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we dispatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.
4.5. You must contact us immediately with full details if you dispute any payment.
4.6. If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email).
5. Your order
5.1. Your order is an offer to buy from us.
5.2. You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Pay Now” button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.
5.3. You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.
5.4. We will send you a confirmation email after your order but please note that a binding legal contract is formed only when we accept your offer as stated below.
5.5. All orders are subject to availability. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.
6. Acceptance
6.1. There will be no binding contract of any kind between you and us unless and until we accept your offer by emailing you to confirm that we have dispatched the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say (e.g., sending the confirmation email immediately after the order) will amount to acceptance of your offer.
7. Delivery
7.1. Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates.
7.2. Delivery is only to the countries we specify and is otherwise subject to any restrictions on our delivery page.
7.3. Unless otherwise stated, delivery dates given on our website are estimates only. If you are a Consumer, we have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay. If you are not a Consumer, we have no liability for any losses arising from delay in delivery.
7.4. If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. If nobody is available to receive the goods, we reserve the right to leave them at the doorstep, hall or reception as available.
8. Risk and ownership
8.1. Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods or to your carrier.
8.2. You become owner of the goods after receipt of the Products upon delivery to you. All Products will remain our property until we have received payment in full for those Products. If you are not a Consumer, you must identify the goods as ours and keep them separate from your other goods until ownership passes.
9. Care of our goods
9.1. You agree to read and comply with the important care instructions for our goods including those in our FAQ page or on the label or otherwise included with the goods.
10. Liability
10.1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited.
10.2. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
10.3. The following clauses apply only if you are a Consumer:
a) We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
i) such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
i) such loss or damage is caused by you, for example by not complying with this agreement; or
i) such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
b) You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).
11. Intellectual property rights
11.1. All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our partners or suppliers. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
12. Privacy
12.1. You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy.
12.2. If you post a review, rating or comment (“Review”) you promise that you have no personal or business relationship with the entity, product or service being reviewed, that you have not been offered any incentive on behalf of the entity being reviewed to write the Review, that you are not a competitor of the entity concerned and that the Review is your independent, honest, genuine opinion.
12.3. We reserve the right without notice or refund to suspend, alter, remove or delete any content or to disclose to the relevant authorities any such content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant content.
13. Your account
13.1. If we enable you to create an account on our site, you acknowledge that this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. In such case you should also immediately amend your password via our site. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
13.2. We are entitled at any time for any reason and with or without notice to terminate your account on our site including deletion of all data contained therein. If so, you must not attempt to create another account on, or otherwise use, our site without our prior agreement in writing.
14. Availability of our site
14.1. We cannot guarantee that our site will be uninterrupted or error-free. We are entitled without notice and without liability to suspend the site for repair, maintenance, improvement or other technical reason.
15. Guidance on our site
15.1. Any guidance or similar information which we ourselves make available on our site is intended as very general information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
16. Third party websites
16.1. We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
17. Events outside our control
17.1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
18. English law
18.1. These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of England and Wales. However, if you are a Consumer located in Scotland or Northern Ireland, you may also bring proceedings in Scotland or Northern Ireland respectively.
19. General
19.1. We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce any term of this agreement except insofar as expressly stated otherwise.
20. Complaints
20.1. If you have any complaints, please contact us via the contact details shown on our website.
21. Contact information
21.1. SO KLARA
T: +44 (0) 7923362088