Terms and Conditions

This document (together with any documents referred to in it) tells you the terms and conditions upon which I sell and supply the goods and services (the Products) listed on this Website (the 'Website') to you.

By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time. I reserve the right to revise and amend the Website, my disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether I have changed these Conditions.

Use of the Website

Welcome to my Website. If you continue to browse and use my Website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with my privacy policy govern Kalu Creations’ relationship with you in relation to this Website. The term Kalu Creations or "I" or "me" refers to Karen Thomson, t/a Kalu Creations, Dunrobin, Kincaldrum, Forfar, Angus, DD8 1TW. The term "you" refers to the user or viewer of my Website.

The use of this Website is subject to the following terms of use:

  • The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
  • Neither I nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and I expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Access to the Site is permitted on a temporary basis, and I reserve the right to withdraw or amend the services I provide through the Site without notice. I will not be liable if for any reason the Site is unavailable at any time or for any period.
  • Your use of any information or materials on this Website is entirely at your own risk, for which I shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
  • I am the owner or the licensee of all intellectual property rights contained in the Site and in the material published on it, unless otherwise indicated. All such rights are reserved. You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors. If you breach these Customer Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. I respect the intellectual property rights of others. If you are aware that any of your intellectual property rights have been infringed on the Site, please email karen@kalucreations.co.uk to report the concern.
  • Unauthorised use of this Website may give to a claim for damages and/or be a criminal offense.
  • You may link to my Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.
  • From time to time this Website may also include links to other Websites. These links are provided for your convenience to provide further information. They do not signify that I endorse the Website(s). I have no responsibility for the content of the linked Website(s).
  • Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of Scotland.

Prices

  • Prices are stated on my Website. For bespoke items a price will be agreed before your order is confirmed.
  • Unless otherwise stated, the prices quoted exclude VAT (I am not VAT registered) and exclude delivery costs.
  • I reserve the right, by giving notice to you at any time before delivery or performance of my obligations to you, to increase the price of the Products to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery of the goods and/or I have commenced providing the services.

* * *

How contracts are formed between you and I

  • Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to these Terms and Conditions and the applicable details on the product page.
  • No order shall be deemed to be accepted by us until we issue an email acknowledgement of order. The contract between you and I will relate only to those goods and/or services notified in the email acknowledgement of order.
  • Purchases may be paid for by cheque, Paypal or bank transfer. Payment will be debited and cleared before the dispatch of the goods or provision of the service to you.
  • Orders for stock items will be supplied within a maximum of 30 days from the date we accept your order.
  • Orders for bespoke items are likely to exceed 30 days. The estimated delivery date will be confirmed when I accept your order and the contract between you and I will continue until the order is fulfilled.
  • For bespoke orders, a 50% deposit must be made to confirm your order, with the balance paid in cleared funds before despatch of the finished item/s.
  • I may refuse to process a transaction for any reason or refuse service to anyone at anytime at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
  • Where I am prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then the performance of my obligations shall be postponed for the period of time that the circumstances continue.

Delivery

  • The goods will be at your risk from the time of delivery.
  • Ownership of the goods will only pass to you when we receive full payment of all

Returns and Exchanges

  • You have 14 days, from receipt of cancellable goods, to notify us if you wish to cancel your order or exchange an item.
  • Please note: personalised, bespoke and made-to-order goods, with your choice of name, fabric, message or other customised aspect that makes the item unique to your requirements and therefore cannot be resold are non-refundable, unless faulty.
  • You must check that the details contained in the confirmation email are correct. We are not responsible for misspellings or other errors that result from information you supply.
  • You have 14 days, from the date we receive your order, to notify us if you wish to cancel your order for bespoke items. After this time, the order may be cancelled at our discretion if we have not begun work on your order. The cost of the return of any clothing will be met by you.
  • After I have begun work on your order it cannot be cancelled. The ordered item remains my property and will not be supplied until full payment has been made by you.
  • You must notify me in writing at kalucreations@yahoo.co.uk if you wish to cancel your order or exchange an item, outlining your reasons for doing so. I recommend that you return the goods in appropriate packaging, use a ‘signed for’ delivery method and obtain proof of postage. Do not destroy or dispose of any product, even if it is faulty, before arrangements have been discussed with me.
  • I will process a refund of your order payment within 30 days at the very latest, subject to compliance with the returns policy Terms and Conditions.

Governing Law and Jurisdiction

  • The Website is controlled and operated in the United Kingdom.
  • Every purchase you make shall be deemed performed in Scotland.
  • The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of Scotland and you irrevocably agree to submit to the exclusive jurisdiction of the courts of Scotland.

Comments and Complaints

  • If you have a comment, concern or complaint about any Products you have purchased from me, my Website or any other matter please contact me via email at kalucreations@yahoo.co.uk or Dunrobin, Kincaldrum, Forfar, Angus. DD8 1TW.