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Terms of Service

Overview (About the terms, and who they’re with)

This Website is operated by Alastair Callum, trading as Callum Kilts. Throughout the site, the terms “we”, “us” and “our” refer to Callum Kilts. Callum Kilts offers 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 herein and/or available by hyperlink. 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.

Please read these Terms of Service carefully before continuing to access or use our Website. By continuing to access or use any part of the site, other than to view or access our terms, conditions or policies, 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 continue to access the Website or use any Services.

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 dependants to use this site.

These Terms and Conditions form the basis of any Contract between us and you for the supply of any of our Products, Goods or Services placed in an Order.

Shopify & Transfer of Data to the United States:

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. Any data you provide will be transferred to the United States and stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Further details of Shopify's polices can be found at: https://www.shopify.com/legal/terms and https://www.shopify.com/legal/privacy . 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.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The Important Stuff (What to expect when you buy something)

Products

We will use all reasonable efforts to ensure all details relating to Products and Services on this Website are correct. The images on this Website are illustrative and the Products you order and/or packaging may vary slightly from those images. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. Prices and specifications may change without notice and Products and Services are subject to availability.

Ordering

Order confirmations and acceptances are sent to email address you provide at checkout. Once you have completed your Order we will send you a confirmatory email to acknowledge that we have received your Order and that your Order has been accepted by us. Please check your inbox after placing an order, for any communications from us and if necessary, please check your spam/junk folder. We reserve the right to refuse or cancel service to anyone for any reason at any time - in this unlikely situation, 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.. Ownership of the Products will pass to you upon delivery.

Payment

We accept most credit and debit cards and also PayPal payments. While a tool is provided to allow you to convert product prices approximately to certain other currencies, all product prices and transactions are in Pounds Sterling (GBP / £), including those placed from outside the UK.

Delivery

Product prices do not include delivery charges. Delivery charges will be calculated at checkout but a tool is provided in the shopping cart to estimate delivery charges. Ownership of the Goods transfer to you upon delivery. The Delivery page also provides more helpful information, but is a guide only.

Dispatch

You will be sent a dispatch notification by email when the order is sent. All Orders are treated as made-to-order. Most Orders will be dispatched within 14 days, usually less, depending on whether the Product is in stock or not. Orders with more than one item will be dispatched when all items are ready. Some Products may take up to 4 weeks to dispatch but I will to make this clear in advance.

Returns

Cancellation of Orders

We hope you'll love your new jewellery/accessory, but if for whatever reason you change your mind about your purchase, you may cancel your Order any time after placing and up to 14 days after receiving the Goods. You must then return the any Goods within 14 days of cancellation. Returned Goods must be returned in new condition. You are responsible for the goods until they are returned. Please make sure to package them well, use a suitable delivery method for the value of the item and obtain proof of postage. Reimbursements will be made within 14 days of receiving the returned Goods in new condition and will be for the original cost of the Products (and for EU customers, basic delivery cost. For customers outside of the EU, original delivery cost will not be refunded). You are responsible for the return delivery cost. Reimbursements for goods not in new condition will be at our discretion and may be partial only.

Exceptions

Certain products are not eligible for refund under this section. These include:

    • Earrings, and studs intended for body piercings, for hygiene reasons. In some cases, dangle earrings which have a separate ear wire/hook may be eligible for return if the hook is easily replaced. Such cases are at our discretion and may be subject to a small fee being levied from the refund.
    • Custom orders
    • Made-to-size orders such as rings and bracelets. (Some exceptions may be made at our discretion)
Resizing

Some rings and bracelets may be resized, at our discretion and for an additional fee. Please contact us if you wish to discuss resizing. You will be responsible for the return delivery and costs.

Returns for a Damaged or Defective Product

If your Order is damaged prior to delivery to you, we will repair or replace any damaged Products provided you inform us within 7 days of delivery. If there is obvious damage to the packaging and a signature is required on delivery, please write "damaged" along with your signature. Also take photographs of the order before and after opening the package, if possible. If there is non-obvious damage to, or a defect in, a Product (which was not caused by improper use or accident after delivery to you), we will repair or replace any damaged Product provided you inform us within 30 days of delivery. All refunds and reimbursements will be paid within 14 days of our receipt of the returned Products.

Your statutory rights are not affected.

Details on how to return a product can be found on the Returns page

Information You Provide (Your privacy)

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.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.

The Tedious Stuff (Don't be naughty and don't rely the content or availability of our website or services)

Third-Party Tools & Websites

We may provide you with access to third-party Tools, or link to third-party Websites over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such Tools and Websites ”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 or Websites. Any use by you of optional Tools offered through, or Websites linked to by, 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 or Websites are provided by the relevant third-party provider(s).

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.

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.

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. 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 Callum Kilts, our employees, affiliates, agents, contractors, 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.

Events Outwith Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control.

Almost Done (Phew!)

Indemnification

You agree to indemnify, defend and hold harmless Callum Kilts 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.

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.

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 judgement 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).

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).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Scots law

Contact Information

Questions about the Terms of Service should be sent to us at:

or by mail at:

Alastair Callum
Jewellery by Callum Kilts
31/2 Halmyre Street
Edinburgh
EH6 8QE
United Kingdom
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