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Fence with Flowers

TERMS & CONDITIONS

Terms & Conditions

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*Please read through the following Terms & Conditions before using this site. 

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Website, Owner & Product Offerings

This website is owned and operated by Eryn Kalo. The following Terms & Conditions displayed on this page outline the conditions to which you may use this website and product offerings. This website has been categorised under the following subset of product offerings; Fashion and Apparel. By accessing this website, you consent that you have read, understood, and agree to be bound by Eryn Kalo’s Terms.  

 

To use this website and/or receive Eryn Kalo (herein “we”, “our”, “us”) products, you must be of the legal age in your jurisdiction, and entirely possess the legal authority, right, and autonomy, to accept these Terms as a compulsory agreement. You are not permitted to use this website and/or receive our products if doing so is verboten in your country or under any law or regulation that applies to you and your circumstances. 

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By placing an order through this website, you warrant the following:

  • You are legally capable of entering into binding contracts

  • You are of legal age in your jurisdiction to use this website: and, 

  • You are a permanent resident of one of the serviced countries of this website.

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Contract Formation 

All orders placed through this website are subject to availability and acceptance by us. 

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We will confirm acceptance of all orders placed by sending the buyer an "Order Confirmation" email. Equally, all orders that have been dispatched will be confirmed by sending the buyer a "Dispatch Confirmation" email. The contract between us and the buyer will only be formed when the "Dispatch Confirmation" email has been sent to the buyer. 

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We are not obliged to supply any other item(s) which may have been part of your order until the dispatch of such item(s) has been confirmed in a separate "Dispatch Confirmation" email. 

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We are entitled to refund any order made by you, for any reason.

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When making a request to us, you confirm that all the details you have provided to us requesting Eryn Kalo goods and services are true and accurate, that you are an authorised User of the payment method used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible. 

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Commercial Terms

*Further information regarding our Payment Terms may be found on our Payments & Security page.

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Consumer Rights

​In accordance with the Consumer Rights Act 2015, we have taken every measure to ensure that our products are:

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  • Official Eryn Kalo products 

  • We own the right to supply Eryn Kalo products

  • Of satisfactory quality (fit for all the purposes that our goods are generally supplied, have satisfactory appearance and fit, free from minor defects, are safe to use, are durable - "quality" is assessed by evaluating the relevant components of our goods, including price, product description, and all content advertised related to said product

  • Fit for advertised purpose 

  • Match the description of the product 

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If you believe that we have failed to adequately meet the above criteria, we may offer you the choice of a full refund, exchange for an item of the same value, or store credit. 

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*Further information regarding your statutory rights as a consumer may be found here.

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Refunds & Returns

Any undamaged item(s) are eligible for a refund, exchange, or store credit. Any returned item(s) must be sent back to us in its original state – including its order receipt. All products must be returned in a condition that we deem as sellable. We will refund your payment in full should you notify us of this request within 14 days of receiving your order. We must receive any returned item(s) within 14 days of the date that you originally received the item(s). After this date, we have no legal obligation to accept any refund/exchange requests related to your order. These item(s) may be exchanged or refunded, dependent on the discretion of the purchaser. 

​*While we are progressing towards greater international expansion, at this time, items are only eligible for refunds within the United Kingdom. 

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Returns Process:

Once we have received your returned item(s), we will process your refund. This payment should reach your bank account within 14 working days.

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Exchange Process:

Once we have received your returned item(s), we will ship your exchanged item(s) according to your relevant request. You will receive a "Dispatch Confirmation" email once we have shipped your exchanged item(s). This will contain new tracking information for the exchanged item(s).

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Returns/Exchange Information:

  • You must print and enclose a Returns Form with the item(s) you are returning/exchanging in its original packaging, with its original tags still attached

  • We will refund our customers the cost of initial postage. However, we are not responsible for any shipping costs associated with returning items

  • We will cover the shipping costs for any exchanged items

  • It is the customer’s responsibility to ensure that we receive any items returned to us

  • Customers are liable for any damages incurred to returned items until we have received the item(s) at our shipping address 

  • You may use any courier service to make your return, though we recommend using a tracked courier service when sending us a returned/exchanged item and that you insure your parcel up to the full value of its content

  • Sale items CANNOT be returned for a full refund

  • Sale items may be returned in exchange for store credit, or exchanged for one item of the same value

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*To download our Returns Form, please click the following link here.

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Damaged/Faulty/Incorrect Item:

We apologise for any inconvenience caused should you receive a damaged/faulty/incorrect item. In this instance, our customers are eligible for the choice of a full refund, exchange for an item of the same value, or store credit - so long as the item(s) in question meets our criteria for what is defined as "damaged", "faulty" or "incorrect".​

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Retention Of Right To Change Offering

Eryn Kalo reserves the right, without preceding notice, to change its service, discontinue its products, or place limits on our service. Eryn Kalo may temporarily or permanently suspend or discontinue access to this website and Eryn Kalo products without prior notice and liability for any given reason, or for no reason.

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Warranties & Responsibility For Products & Services

Upon receiving a valid claim regarding Eryn Kalo products, Users are entitled to a full refund or exchange of their purchased item(s). If Eryn Kalo is unable to complete this full refund or exchange within a suitable time, the purchaser will be notified via their chosen communication method. 

*Free postage offerings provided by Eryn Kalo only apply to original purchases. The costs of re-postage of any item(s) for exchanged goods will be decided by Eryn Kalo at the given circumstance. This may either involve free postage or a postage fee paid by the purchaser (Terms of our Shipping & Returns policy may be found here).

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Ownership Of Intellectual Property, Copyrights & Logos

The service and its included materials therein or transferred thereby, comprising, without restriction, audio, copyrights, designs, fonts, images, logos, music, patents, service marks, software and all IPR (Intellectual Property Rights) related to Eryn Kalo, are the exclusive property of Eryn Kalo. Under no circumstances may you use Eryn Kalo material for commercial use - unless explicitly given permission by the Eryn Kalo Founder and Creative Director. You agree to not sell, licence, distribute, copy, reproduce, imitate, transmit, publish, adapt, edit or recreate Eryn Kalo material. 

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Content Creation Affiliated With Eryn Kalo

You distinguish and understand that by uploading content related to Eryn Kalo (including, but not limited to, Eryn Kalo products, designs, images, videos, audio, logos, fonts, artwork, text, literary work, visuals, graphics and vectors) through this website, you approve and authorise that you own all the applicable and pertinent rights, or have been provided whole consent and/or licence by us to upload/transfer/distribute/re-distribute such content. You consent that this content may be publicly displayed on this website.  

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Right To Suspend User Or Cancel User Account

Eryn Kalo reserves the right to permanently or temporarily terminate or suspend your access to this website and/or Eryn Kalo product offerings without prior notice for any reason. You must obey by the Terms outlined on this page and this website. You reserve the right to discontinue your account on this website at any time.

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Indemnification 

You agree and consent to indemnify the proprietor of this website, any directors of Eryn Kalo, and the sole owner of Eryn Kalo harmless from any demands, loss, liability, claims, social issues, public image wiles and expenses (including any fees related to such disputes) made against them by any third party due to, or arising from, or related to your use of this website and any Eryn Kalo products. 

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Limitation Of Liability

To the entire extent permitted by applicable law, the proprietor of this website, any directors of Eryn Kalo, and the sole owner of Eryn Kalo may not be held liable for damages, losses, or inability of usage arising from this website or Eryn Kalo’s product offerings.

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If Eryn Kalo does not deliver, or if the item(s) Eryn Kalo deliver are not what you ordered, or are damaged, or are defective, or the delivery is of an incorrect quantity, the only obligation Eryn Kalo has will be, at our option, to:

  • Make any amendment to shortage, or non-delivery, or incorrect delivery; or

  • Replace or repair any item(s) that are damaged or defective; or 

  • Refund you the amount paid by you for the item(s) in question 

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Eryn Kalo may not be held liable for any consequential, special or indirect losses including, without limit, loss of revenues, profits, contracts, business or anticipated savings, damage to or loss of goodwill, reputation, or data that you may incur by purchasing our products. 

 

Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the item(s). 

 

Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law. 

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Nothing in this contract shall exclude or limit your statutory rights. 

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A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract. 

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Right To Modify & Change Terms

We reserve the right to modify the Terms outlined on this page at any given time at the discretion of this website’s proprietor. Any changes to these Terms will be communicated to existing account/profile owners via email. Nonetheless, it is recommended to re-assess these Terms regularly. In the absence of re-assessment, the composition of acceptance for any new Terms outlined on this website will be assumed by us. Eryn Kalo cannot be held liable for disputes regarding the use of this website that arise following subsequent Terms changes and an equal absence of re-assessment of these Terms by the User. If you disagree with any of the Terms provided on this website, or potential changes to these Terms, do not use or discontinue your usage of this website and/or Eryn Kalo products. 

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Any change to our policies or these Terms 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 before we send you the "Dispatch Confirmation" email (in which case, Eryn Kalo has the right to assume that you have accepted the change to the Terms), unless you notify us to the contrary within seven days of receipt by you of the item(s).

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*Events out of 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"). This includes, but not limited to, natural disasters, sabotage, mass outbreak, riot, epidemic, failure of suppliers of materials, supplier issues, discontinuation of supply, war, invasion, insurrection, emergency circumstance, breakage or damage to the equipment used by us that is outside of our control, strikes, industrial action, civil disturbance, and any other unexpected circumstances beyond our control that cannot be avoided despite the best efforts of us. 

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Promotional Offerings

You agree and consent to receiving periodical promotional materials from Eryn Kalo. This includes any communication method that you have provided to this website (such as emails, text messages or calls). You reserve the right to withdraw from promotional messages at any given time. To do this, please inform the Eryn Kalo customer service team via email:

customerservice@erynkalo.com

 

Preference Of Law & Dispute Resolution

The Terms provided on this webpage and throughout the Eryn Kalo website, and any claims/disputes related to Eryn Kalo, shall be governed, interpreted and administered in accordance with the Law of the United Kingdom. You consent for the Law of the United Kingdom to oversee any legal claims/disputes that may arise in relation to Eryn Kalo. You consent that any verdict in relation to such claims/disputes will be executed exclusively by the Law of the United Kingdom. Legal Terms regarding this organisation have been manifested following reference to the Sale of Goods Act 1979. 

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Import Taxes & Duties

If you place an order for an item(s) on our website for delivery outside the UK, such item(s) may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for the payment of such import duties and taxes. 

 

*Please note that Eryn Kalo has no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing an order through this website. 

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*Please note that you must comply with all applicable laws and regulations of the country for which the products are destined. Eryn Kalo will not be liable for any breach by you of any such laws. 

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Contact Details

Customer Enquiries - customerservice@erynkalo.com

Business Enquiries - info@erynkalo.com

Sales Enquiries - sales@erynkalo.com

Help Enquiries – help@erynkalo.com

Creative Enquiries – creative@erynkalo.com

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Eryn Kalo Fellowship 

*Applicable to Users part of the Eryn Kalo Fellowship. 

You distinguish and understand that by uploading content within the Eryn Kalo Fellowship, some of your information will be publicly displayed to other Users. Eryn Kalo may not be held liable for claims/disputes directly arising with other Users within the Eryn Kalo Fellowship. However, any relevant discrepancies regarding User conflict may be brought to the attention of the Eryn Kalo customer service team – who reserves the right to take action against Users who disobey our Terms. Users of the Eryn Kalo Fellowship agree to avoid the use of incriminating/insensitive materials, messages, fonts and images. Violations of this may result in the temporary or permanent termination from the Eryn Kalo Fellowship. You approve and authorise that you own all the applicable and pertinent rights, or have been provided whole consent and/or license to upload/transfer/distribute/re-distribute such content provided on your profile. You consent that this content may be publicly displayed on this website – accessible to other Users within the Eryn Kalo Fellowship. You reserve the right to leave the Eryn Kalo Fellowship at any given time. In this instance, your public information will be permanently removed from the website. Likewise, you will lose access to any online community features associated with your profile (including, but not limited to, likes, comments, posts). Eryn Kalo reserves the right to temporarily or permanently terminate your access to the Eryn Kalo Fellowship at any given time without prior notice. Relevant disputes in this instance should be addressed to the Eryn Kalo customer service team via email:

customerservice@erynkalo.com

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