Terms and Conditions
We are committed to make your shopping experience as fuss-free and enjoyable as much as possible. These terms and conditions (the “T&Cs”) apply to www.kellyseratelier.com (the “Site”) and form the terms and conditions on which we supply products and services to you. Please read through the T&Cs prior to using the Site. Your use of the Site indicates that you have acknowledged, understood, and agree to adhere to the T&Cs.
Information About Us
You can contact us by writing to us at firstname.lastname@example.org.
If we need to contact you for service-related matters, we will do so by telephone or by writing to you at the email address or postal address you have provided to us in your order. “Writing” or “written” in these T&Cs includes emails.
Accessing And Using The Site
As a condition of your access to and/or use of the Site, you warrant that:-
- all information supplied by you on the Site is accurate, current and complete;
- you are 18 years of age or older in order to access and/or use the Site; and
- you will not copy or distribute any part of the Site in any medium without Kelly Ser Atelier’s prior written authorisation.
You shall be solely responsible for your access to and/or use of the Site and its materials herein.
Where you create a user account and password, you must treat such information as confidential, and you must not disclose it to any third party. We reserve the right to disable any user account at any time, if in our opinion you have failed to comply with any of the provisions of these T&Cs.
You agree and undertake not to:
- Use the Site for illegal purposes or other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws;
- Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
- Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site, interfere with another’s utilization and enjoyment of the Site, or use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another customer’s computer or mobile device or the Site; and
- Post, promote or transmit through the Site any information, graphics, photographs, data and/or any other material that contains any computer virus or other invasive or damaging code, program or macro; infringes any third-party intellectual property or any other proprietary rights; is defamatory, libelous or threatening; is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under any applicable law; and/or is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
Links To Third Party Sites
The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by Kelly Ser Atelier, including third party payment system providers. You acknowledge and agree that Kelly Ser Atelier is not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve Kelly Ser Atelier from any and all liability arising from your access and use of any third party website.
We encourage you to review the terms and conditions and privacy policies of any third party websites before using them and disclosing your personal data to them.
Intellectual Property Rights and Copyright
Kelly Ser Atelier is the owner or the licensee of all intellectual property rights in and to the content on the Site, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without Kelly Ser Atelier’s prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.
Kelly Ser Atelier retains all rights under copyright law to which drawings, models, specifications and prints that the artworks may be subject. Kelly Ser Atelier shall have the right to present the artworks created for purposes of public information, education, exhibition, merchandising and all other forms of reproduction deemed fit.
Warranties And Liability
The Site, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement.
Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Site is at your sole risk.
Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from:-
- life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Kelly Ser Atelier;
- improper remedy of defective products, alteration of the products, unsuitable or improper use, wilful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party;
- third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Site; and
- any warranties provided under these T&Cs if the total price for the product has not been paid in cleared funds by the due date for payment.
You further acknowledge and agree that your access and use of the Site is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Site is processed by third party payment system providers and Kelly Ser Atelier does not retain or process any such payment information. Kelly Ser Atelier cannot guarantee the security of such third party payment system(s) or any payment data on the Site, Kelly Ser Atelier is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, Kelly Ser Atelier is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Site, you expressly relieve Kelly Ser Atelier from any and all liability in connection with the acts, omissions or defaults of such third parties.
To the extent permissible at law:
- We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Order;
- Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such Order.
You agree to indemnify us and hold us and our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives harmless from any claims, losses, and damages, including reasonable attorneys’ fees, arising out of:
- Your access of, use of and/or participation in this Site;
- Breaches of your obligations under these T&Cs;
- Your violation of any rights of another person or entity; and/or
- Your breach of any statutory requirement, duty or law.
We will determine in our sole discretion whether there has been a breach of these T&Cs through your use and/or access of the Site. When a breach of these T&Cs has occurred, we may take such action as we deem appropriate, including:-
- Immediate, temporary or permanent withdrawal of your right to use and/or access the Site;
- Issuing a warning to you;
- Commencing legal proceedings against you for loss resulting from your breach; and
- Disclosure to law enforcement authorities of such information as we reasonably deem necessary.
We exclude liability for any actions taken in response to breaches of these T&Cs. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.
Orders & Payments
You may place an order with us by completing and submitting the order form on the Site. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Site, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you.
We reserve the right to accept or decline any and all orders received from or through the Site in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these T&Cs (an “Order”). We will assign an order number to your Order when we accept your Order. Please tell us the order number whenever you contact us about your Order.
If we are unable to process your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources for which we could not reasonably plan, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline you have specified.
The price payable by you for the product shall be the price of the product listed for sale as stated on the Site at the time your order is transmitted to us through the Site, and any applicable taxes. All prices are subject to taxes, unless otherwise stated. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment at the moment your order was placed as all unpaid orders will be cancelled automatically after an hour. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we deliver your order.
We accept all major credit cards and PayPal.
We try to be accurate as reasonably possible in our descriptions of products available for purchase through the Site. However, our products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Colours may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do however strive to ensure that screen colours are true to life, as much as possible. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
Minor variations from images of the products on our Site are not considered a defect. If you believe you have received a defective item, contact us at email@example.com with your order number, and a photograph of the defect.
The cost of delivery of your Order will be displayed to you on our Site. We offer international shipping on a discretionary basis.
Orders are processed and dispatched from our warehouse to our local delivery partner within an estimated 5 working days. Our local delivery partner shall deliver the product to the address specified in your Order. Any delivery dates stated during the order process are estimates only.
If delivery of your product is delayed, we will inform you accordingly and the product will be dispatched after it becomes available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused.
We’ll be in touch via email in the event of a bounced parcel. However please note that, without prejudice to any other right or remedy available to us, we may charge you for storage costs and any further delivery costs, or terminate your Order if you repeatedly fail to take delivery of the product.
Bounced parcels that are unclaimed after half a year will be deemed as Kelly Ser Atelier’s property and no compensation will be offered as sufficient response time has been given.
When You Become Responsible For The Product
The product will be your responsibility from the time we deliver the product to the address you provided us. You own the product which is the subject of your Order once we have received payment in full for your Order.
We may terminate the Order at any time by writing to you if:
- You do not make payment to us when it is due;
- You do not, within a reasonable time of us asking for it, provide us with information necessary for us to provide you with the product (e.g. delivery address);
- You do not, within a reasonable time, allow us to deliver the product to you;
If we terminate the Order in the situations set out above, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may collect, use and disclose personal data that you provide to us to supply the product to you, process your payment for the product, to send you newsletters if you have registered for our mailing list, and other specified purposes.
No Relationship: Neither these T&Cs nor your use and/or access of the Site creates any joint venture, agency, partnership, or employment relationship between you and Kelly Ser Atelier.
Assignment: You may not assign these T&Cs or any rights or obligations under these T&Cs to any party. We may transfer our rights and obligations under these T&Cs to another organisation.
Waiver & Severability: The failure of Kelly Ser Atelier to enforce any right or provision of these T&Cs shall not be deemed a waiver of such right or provision. In the event that any provision of these T&Cs is held to be invalid, illegal or unenforceable, the remaining provisions of these T&Cs shall remain in full force and effect.
Third Party Rights: A person who is not a party to this agreement shall have no right to enforce or to enjoy the benefit of any term of this agreement.
Entire Agreement: These T&Cs, which expressly incorporate the terms and conditions referred to therein, constitute the entire agreement between you and Kelly Ser Atelier relating to the subject matter hereof, and supersedes any and all prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site.
Governing Law: These T&Cs and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore.
Dispute Resolution: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be in English.
We may change any content or material on the Site at any time. Any of the content or material on the Site may be out of date at any given time, and we are under no obligation to update the Site. We shall not be liable if for any reason the Site, or any portion thereof, is unavailable at any time or for any period. We reserve the right to refuse any and all current or future access to and/or use of the Site without prior notice to you.
If we decide to change our T&Cs for the Site, we will post the revised T&Cs here and, if appropriate, notify you by email. Please check back frequently to see any updates or changes to our T&Cs. Any changes will not affect any Orders that you have placed, and that we have accepted, prior to the date of the change. Your continued use of the Site indicates your assent to the T&Cs as posted.
If you have any questions about our T&Cs, please contact us at firstname.lastname@example.org for enquiries about our T&Cs.
Last updated Feb 2022