Terms & Conditions
1.GENERAL
Welcome to Kinderdoll.com.
We provide goods and services to you subject to the notices, terms, and
conditions set forth in this agreement (the “Agreement”) .We may from
time to time change the terms that govern your use of our Site. We may change,
move or delete portions of, or may add to, our Site from time to time. Every
time you wish to use our site, please check these Terms and Conditions to
ensure you understand the terms that apply at that time. Kinderdoll.com
reserves the right to change this site and these terms and conditions at any
time.
To
shop with us, you need to be at least 16 years old. Any accessing, browsing, or
otherwise using the site indicates your agreement to all the terms and
conditions in this Agreement. If you disagree with any part of the Terms then
you should discontinue access or use of the Site. Please read this Agreement
carefully before proceeding.
Please
also read our Privacy
Policy regarding personal information provided by you. Kinderdoll.com
may send electronic mail to you for the purpose of advising you of changes or
additions to this Site, about any of Kinderdoll.com’s products or services, or
for any other purpose(s) as you agree. You can unsubscribe by using the link
from any email newsletter or your personal subscribe setting after logged in.
If
you have any query regarding the Conditions or the Data Protection Policies,
you may contact us anytime at customer.service@Kinderdoll.com.
2.USE OF OUR
WEBSITE
When you use this website, you agree to the
processing of the information and details and you state that all information
and details provided are true and correspond to reality. You represent and
warrant that you are at least 18 years old or visiting the Site under the
supervision of a parent or guardian. Subject to the terms and conditions of
this Agreement, Kinderdoll.com hereby grants you a limited, revocable,
non-transferable and non-exclusive license to access and use the Site by
displaying it on your internet browser only for the purpose of shopping for
personal items sold on the Site and not for any commercial use or use on behalf
of any third party, except as explicitly permitted by Kinderdoll.com in
advance. Any breach of this Agreement shall result in the immediate revocation
of the license granted in this paragraph without notice to you.
Except
as permitted in the paragraph above, you may not reproduce, distribute,
display, sell, lease, transmit, create derivative works from, translate,
modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site
or any portion of it unless expressly permitted by Kinderdoll.com in writing.
You may not make any commercial use of any of the information provided on the
Site or make any use of the Site for the benefit of another business unless
explicitly permitted by Kinderdoll.com in advance. Kinderdoll.com reserves the
right to refuse service, terminate accounts, and/or cancel orders in its
discretion, including, without limitation, if Kinderdoll.com believes that
customer conduct violates applicable law or is harmful to Kinderdoll.com’s
interests.
You
shall not upload to, distribute, or otherwise publish through this Site any
Content, information, or other material that: (a) violates or infringes the
copyrights, patents, trademarks, service marks, trade secrets, or other
proprietary rights of any person; (b) is libelous, threatening, defamatory,
obscene, indecent, pornographic, or could give rise to any civil or criminal
liability under local or international law; or (c) includes any bugs, viruses,
worms, trap doors, Trojan horses or other harmful code or properties. Kinderdoll.com
may assign you a password and account identification to enable you to access
and use certain portions of this Site. Each time you use a password or
identification, you will be deemed to be authorized to access and use the Site
in a manner consistent with the terms and conditions of this Agreement, and Kinderdoll.com
has no obligation to investigate the authorization or source of any such access
or use of the Site.
You
will be solely responsible for all access to and use of this site by anyone
using the password and identification originally assigned to you whether or not
such access to and use of this site is actually authorized by you, including
without limitation, all communications and transmissions and all obligations
(including, without limitation, financial obligations) incurred through such
access or use. You are solely responsible for protecting the security and
confidentiality of the password and identification assigned to you. You shall
immediately notify Kinderdoll.com of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site’s
security.
In
accordance with Customs regulations customers must provide valid and accurate
data. All consignee names, address and payers name should be valid. Certain
countries request that the consignee submit their ID or passport to clear the
package or for payment verification purposes. It is the customers sole
responsible for the accuracy of data that they provide to us. Should any
information be incorrect and prevent any shipment or deliveries or customs
clearance, we will not hold responsible and will not offer any compensation in
such cases.
Kinderdoll.com
will always comply with the law, and we kindly remind users to do the same. As
the importer customers are responsible to comply with all laws and regulations
in their own countries. Please refer to our privacy policy for more information.
3.DATA &
INFORMATION POLICY
When you use this website and place orders through
it, you agree to provide us with your email address, postal address and/or
other contact details truthfully and exactly. You also agree that we may use
this information to contact you in the context of your order if necessary
We
respect your right to privacy. To see how we collect and use your personal
information, please see our Privacy
Policy .
4.ERRORS
In case you detect that an error occurred when
entering your personal data during your registration as a user of this website,
you can modify them in the section “My Account”. In any case, you
will be able to correct errors related to the personal data provided during the
purchase process by contacting us, as well as exercising the right of
rectification contemplated in our Privacy Policy through Kinderdoll.com. This website displays
confirmation boxes in various sections of the purchase process that do not
allow the order to continue if the information in these sections has not been
correctly provided. Also, this website offers details of all the items you have
added to your shopping cart during the purchase process, so that before making
the payment, you can modify the details of your order.
If
you detect an error in your order after the completion of the payment process,
you should immediately contact our customer service or email address above to
correct the error.
While
Kinderdoll.com strives to provide accurate product and pricing information,
pricing or typographical errors may occur. Kinderdoll.com cannot confirm the
price of an item until after you order. In the event that an item is listed at
an incorrect price or with incorrect information due to an error in pricing or
product information, Kinderdoll.com shall have the right, at our sole
discretion, to refuse or cancel any orders placed for that item. In the event
that an item is mis-priced, Kinderdoll.com may, at our discretion, either
contact you for instructions or cancel your order and notify you of such
cancellation.
5.TRADE RULES
5.1 Price and
Payment
All prices are inclusive of VAT (where applicable) at
the rate appropriate to the country of receipt and are correct at the time of
entering the information on to the system. If for some reason we are unable to
ship your goods, the value of the items that are not shipped will be refunded
to your wallet in your Kinderdoll.com Account or to the original method of
payment.
All
prices are exclusive of delivery charges. The total cost of the order is the
price of the products ordered plus the delivery charge.
Prices
may change at any time, but (other than as set out above) changes shall not
affect the orders for which we have sent an Order Confirmation.
Once
you have selected all articles that you wish to buy, they will be added to your
basket. The next step will be to process the order and make the payment. To
that end, you must follow the steps of the purchase process, indicating or
verifying the information requested in each step. Furthermore, throughout the
purchase process, before payment, you can modify the details of your order. You
are provided with a detailed description of the purchase process in the
Shopping Guide. Also, if you are a registered user, a record of all the orders
placed by you is available in “My Account” area. You may use, as
payment method, the following cards: Visa, Mastercard, American Express, Union
Pay, Paypal and online banking etc.
To
minimize the risk of non-authorised access, your credit card details will be
encrypted. Once we receive your order, we request a pre-authorisation on your
card to ensure that there are sufficient funds to complete the transaction. The
charge on your card will be made at the time your order leaves our warehouse.
When
you click “Authorise Payment”, you are confirming that the credit
card is yours. Credit cards are subject to verification and authorisation by
the card issuing entity. If the entity does not authorise the payment, we shall
not be liable for any delay or failure to deliver and we will be unable to
conclude any Contract with you.
5.2 Colors
We have made every effort to display, as accurately
as possible, the colors of our products that appear at the Site. However, as
the actual colors you see will depend on your monitor, we cannot guarantee that
your monitor’s display of any color will be accurate.
5.3 Packing
Unless otherwise provided, we will comply only with
its minimum packing standards for the method of transportation selected. The
cost of all special packing, loading or bracing requested by you will be paid
for by you.
5.4 Shipping
& Delivery
Kinderdoll.com ships from different warehouses in
different countries. For orders with more than one item, we may split your
order into several packages according to stock levels at our own discretion We
aim to deliver orders within seven working days of orders being placed.
However, sometimes during busy sale periods, deliveries may take longer. Please
note that Saturday and Sunday are not classed as working days. If you have not
received your delivery in ten working days please contact our Customer Services
through service@Kinderdoll.com .
5.5 Title and
risk of loss
Delivery to carrier shall constitute delivery to
Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of
Buyer relative to damage during shipping or delivery should be made directly to
the carrier. Any claims by Buyer against Our Company for shortage or damage
occurring prior to such delivery to carrier must be made within five (5) days
after receipt of the goods and accompanied by original transportation bill
signed by carrier noting that carrier received the goods from Our Company in
the condition claimed. Notwithstanding passage of the risk of loss to Buyer,
title and right of possession to the goods sold hereunder shall remain with Our
Company until all payments hereunder, including deterred payments evidenced by
notes or otherwise, Interest, carrying charges, shall have been made in cash,
and Buyer agrees to do all acts necessary to perfect and maintain such right
and title in Our Company.
5.6 Return of
product
Goods can be returned in a designated period. The
exact return period and return policy differs from country to country. Please
contact our customer service for the detailed information. Customers returning
goods are responsible for freight charges.
Size
wrong items and quality problem items can be exchanged. For defective products,
If a defect or damage is confirmed on the returned products, we will give you a
complete refund including the charges you have accrued of delivery and return.
The refund will be paid either to your wallet or Kinderdoll.com account or to
the original method of payment.
The
following items cannot be returned or exchanged: bodysuits, lingerie &
sleepwear, swimwear, jewelry, and accessories (except scarves, bags, and
mermaid blankets).
5.7 Reviews and
Comments
Except as otherwise provided elsewhere in this
Agreement or on the site, anything that you submit or post to the site and/or
provide Kinderdoll.com, including, without limitation, picture, video, ideas,
know-how, techniques, questions, reviews, comments, and suggestions
(collectively, “Submissions”) is and will be treated as
non-confidential and nonproprietary, and by submitting or posting, you agree to
irrevocably license the entry and all IP rights related thereto (excluding the
moral rights such as authorship right) to Kinderdoll.com without charge and Kinderdoll.com
shall have the royalty-free, worldwide, perpetual, irrevocable, and
transferable right to use, copy, distribute, display, publish, perform, sell,
lease, transmit, adapt, create derivative works from such Submissions by any
means and in any form, and to translate, modify, reverse-engineer, disassemble,
or decompile such Submissions. All Submissions shall automatically become the
sole and exclusive property of Kinderdoll.com and shall not be returned to you
and you agree not to raise any dispute in connection with any use of the entry
by Kinderdoll.com in the future.
You
warrant that your Submissions, in whole or in part, are clear and free of any
IP right infringement, disputes or third party claims. Kinderdoll.com assumes
no liability for any misuse of copyright or any other rights of third parties
by you. You undertake to defense for and indemnify the Sponsor against any
losses caused due to the use of the entries for any purposes.
In
addition to the rights applicable to any Submission, when you post comments or
reviews to the site, you also grant Kinderdoll.com the right to use the name
that you submit with any review, comment, or other Content, if any, in
connection with such review, comment, or other content. You represent and
warrant that you own or otherwise control all of the rights to the reviews,
comments, and other Content that you post on this site and that use of your
reviews, comments, or other Content by Kinderdoll.com will not infringe upon or
violate the rights of any third party. You shall not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead Kinderdoll.com
or third parties as to the origin of any Submissions or Content. Kinderdoll.com
may, but shall not be obligated to remove or edit any Submissions (including
comments or reviews) for any reason.
6.INTELLECTUAL PROPERTY
AND OWNERSHIP
You recognize and agree that all copyright,
registered trademarks and other intellectual property rights on all materials
or contents provided as part of the website belong to us at all times or to
those who grant us the license for their use. You may use said material only to
the extent that we or the usage licensers authorize expressly. This does not
prevent you from using this website to the extent necessary to copy the
information on your order or contact details. Kinderdoll is a registered trademark, service mark,
and/or trade name of Kinderdoll. No use of these marks may be made without the
prior written authorization of Kinderdoll , except as necessary to accurately
identify the products or services of Kinderdoll .
7.THIRD PARTY
LINKS AND RESOURCES
Where our site contains links to other sites and
resources provided by third parties (including where our social media sharing
plug-ins include links to third party sites), these links are provided for your
information only. We have no control over the contents of those websites or
resources and accept no responsibility for them or for any loss or damage that
may arise from your use of them.
8. EVENTS BEYOND
OUR CONTROL
We will not be liable for any non-compliance or delay
in compliance with any of the obligations we assume under a Contract when
caused by events that are beyond our reasonable control (“Force
Majeure”). Force Majeure shall include any act, event, failure to
exercise, omission or accident that is beyond our reasonable control,
including, among others, the following:
● i.Strike, lockout or other
forms of protest.
● ii.Civil unrest, revolt,
invasion, terrorist attack or terrorist threat, war (declared or not) or threat
or preparation for war.
● iii.Fire, explosion, storm,
flood, earthquake, collapse, epidemic or any other natural disaster.
● iv.Inability to use trains,
ships, aircraft, motorized transport or other means of transport, public or
private.
● v.Inability to use public or
private telecommunication systems.
● vi.Acts, decrees, legislation,
regulations or restrictions of any government or public authority.
●
vii.Strike, failure or accident in maritime or river transport, postal
transport or any other type of transport.
It shall be understood that our obligations deriving
from Contracts are suspended during the period in which Force Majeure remains
in effect and we will be given an extension of the period in which to fulfil
these obligations by an amount of time equal to the time that the situation of
Force Majeure lasted. We will provide all reasonable resources to end the
situation of Force Majeure or to find a solution that enables us to fulfil our
obligations by virtue of the Contract despite the situation of Force Majeure.
9. LIABILITY AND
WAIVING LIABILITY, STATUTORY CONSUMER RIGHTS
Unless otherwise indicated expressly in these
Conditions, our liability regarding any product acquired on our website shall
be limited strictly to the price of purchase of said product. Notwithstanding
the above, our liability shall not be waived nor limited in the following
cases:
●
i. in case of death or personal harm
caused by our negligence;
●
ii. in case of fraud or fraudulent
deceit; or
●
iii. in any case in which it was
illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
Notwithstanding the paragraph above, and to the
extent legally allowed, and unless these Conditions indicate otherwise, we
shall not accept any liability for the following losses, regardless of their
origin:
●
i. loss of income or sales;
●
ii. operating loss;
●
iii. loss of profits or contracts;
●
iv. loss of forecast savings;
●
v. loss of data; and
●
vi. loss of business or management
time.
Due to the open nature of this website and the
possibility of errors in storage and transmission of digital information, we do
not warrant the accuracy and security of the information transmitted or
obtained by means of this website, unless otherwise indicated expressly on this
website. All product descriptions, information and materials shown on this
website are provided “as is”, with no express or implied warranties
or conditions of the same, except those legally established. In this sense, if
you are contracting as a consumer or user, we are obliged to deliver goods that
are in conformity with the Contract, being liable to you for any lack of
conformity which exists at the time of delivery. It is understood that the
goods are in conformity with the Contract if they: (i) comply with the
description given by us and possess the qualities that we have presented in
this website; (ii) are fit for the purposes for which goods of this kind are
normally used; (iii) show the quality and performance which are normal in goods
of the same type and which can reasonably be expected To the extent permitted
by law, we exclude all warranties and conditions (whether express or implied),
except those that may not be excluded legitimately.
10. APPLICABLE
LEGISLATION AND JURISDICTION
The use of our website and the product purchase
contracts through said website shall be governed by the law of the State of New
York, USA. If you are entering into the contract as a consumer, nothing in this
Clause shall affect the statutory rights you have, as recognized in any
applicable legislation in this area.