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Terms and Conditions
Terms and Conditions (“the Terms”)
Kinny is owned and operated by ALLSALE Inc. Ltd located in Europen Union Country- Latvia For the avoidance of doubt, any reference to “us” “we” or “our” in these Terms refers to Kinny, and any reference to “you” or “your” refers to the customer as a purchaser of the Allsale Ltd. products.
It is a condition of a user accessing and reading the Kinny website (“the Website(s)”) that Allsale Ltd. disclaims all warranties in respect of the same whether express or implied in relation to the material published on the Website. Your statutory rights as a consumer are not affected.
This page (together with our Privacy Policy, Payment, Shipping, and Returns Policies) tells you information about Allsale Ltd. and the legal terms and conditions on which we sell any of the products listed on the Website. These Terms will apply to any contract between us for the sale of products to you. Please read these Terms carefully and make sure that you understand them, before ordering any products from the Website. By placing an order, you will have agreed to these Terms. If you refuse to accept these Terms, you should not order any products from the Website. We reserve the right to amend these Terms from time to time. Every time you wish to place an order you should check these Terms to ensure you understand the terms which will apply at that time.
Age of Consent
By placing an order on the Website, you declare that you are of the appropriate legal age to
purchase the items. If we discover that you are not of legal age to order certain goods, we reserve the right to cancel your order.
Contract Formation
All orders made by you through the Website are subject to acceptance and availability. We may choose not to accept your order for any reason.
Prices of products are correct at the time of entering information, however, we reserve the right to change prices without prior notice.
Only when Allsale Ltd. accepts the Order by sending you a confirmation email that your order has been created and a contract has been created between you and Allsale Ltd..
Cancellation
If you are an EU or UK consumer, you have the legal right, under the Consumer Protection
(Distance Selling) Regulations of 2000 to cancel your order within fourteen (14) working days
following receipt of the goods or the date on which we began the provision of services. Refunds for orders canceled under the provisions of the Consumer Protection (Distance Selling) Regulations will be processed by your legal rights. Regional returns policies will apply, please see our Returns Policy for more information.
Email Marketing
Information relating to the Allsale Ltd.. email marketing sent to customers can be found in our Privacy Policy.
Privacy of Data
Our Privacy Policy explains how we collect, use, and store your personal information, including who we may share it with; how long we keep it; the circumstances in which we, or others, may contact you (including sending you advertising and marketing messages), and the rights you have about your personal information.
We also use cookies or similar technologies to store certain types of information each time you use our site. You can find out more information about how we use cookies and other similar technologies in our Cookies Policy.
Fraud Prevention
Allsale Ltd. takes fraud very seriously and we do everything in our power to prevent fraud from occurring. If false or inaccurate information is provided and fraud is identified, details will be passed on to fraud prevention agencies.
Allsale Ltd. . has fraud prevention software services that we use to prevent fraudulent purchases and practices, these are in place to protect both the customer and Allsale Ltd.
Copyright
Any material found within the pages of the Websites, including, but not limited to text or images is the property of Allsale Ltd. and may not be copied, reproduced, republished,
downloaded, posted, broadcast, or transmitted in any way except for your non-commercial use. You hereby agree not to adapt, alter, or create any derivative work from any of
the material contained in this site.
Disclaimer
Allsale Ltd. provides the Website on an ‘as is’ basis and does not warrant that the functions contained in and the material on the Website will be uninterrupted, error or defect-free, or that the Website or the server that makes it available are free of viruses or bugs. This disclaimer does not affect your statutory rights about the provision of goods.
Use of Kinny.us Allsale Ltd.. will not be liable for any use of the Website (including any ordering of products) that results in:
losses that were not foreseeable to both parties when the contract was made;
losses that were not caused by any breach on the part of the supplier;
business losses and/or losses to nonconsumers.
We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose, and samples; and
(e) defective products under the Consumer Protection Act 1987.
(f) any protections afforded by the FTC consumer protection
You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct that is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of the normal flow of dialogue within the Website.
External websites As a convenience for Kinny.us customers, our website includes links to other websites or material that are beyond our control. allsale Ltd. is not responsible for the content of external websites linked to the Websites.
Jurisdiction
These Terms are governed by the laws of the Republic of Latvia Allsale Ltd. reserves the right to amend these terms and conditions from time to time without notice.
Force Majeure
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 a force majeure event. A force majeure event means any act or event beyond our reasonable control such as, but not limited to, strikes or industrial action by third parties (but not those caused by Allsale Ltd’s employees), civil commotion, riot, invasion, terrorist attacks, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster (“Event”).
If an Event takes place that affects the performance of our obligations under a contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a contract will be suspended and the time for the performance of our
obligations will be extended for the duration of the Event. Where does the Event affect our delivery
of products to you, we will arrange a new delivery date with you after the Event is over.
You may cancel a contract affected by an Event. To cancel please contact our customer services team and we will refund the price you have paid, including any delivery charges.
Additional terms
We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if
Allsale Lts. agrees in writing.
These Terms are agreed between you and us. No other person shall have any right to enforce
any of its Terms.
Each of the clauses within these Terms operates separately. If any court or relevant authority
decides that any of the clauses are unlawful or unenforceable, then the remaining paragraphs will remain in full force and effect.
The failure or delay of Allsale Ltd.. to exercise any right, power, or remedy provided under these Terms or otherwise available in respect hereof at law or in equity shall not constitute a waiver by Allsale Ltd. of its right to exercise any such or other right, power or remedy or to demand such compliance, or you of your obligations under these Terms. In the event we do waive a default we will do so in writing on a case-by-case basis.
Shipping
The carrier and shipping method used for your order is dependent on the shipping method you select at checkout. Taxes will be charged depending on your state or province’s regulations.
Discreet Packaging
Allsale Ltd. cares about your privacy so we ship everything in plain brown boxes, manila envelopes, or bubble mailers with no company branding or logos visible.
Missing or Lost Parcels
Allsale Ltd. is not responsible for the reimbursement, replacement, or re-shipment of parcels that are deemed missing or lost. Each parcel receives a tracking number you can and you can file a claim with the carrier.
Incorrect Addresses
Please ensure you have provided us with the correct address. Your address is copied exactly as provided onto your shipping label. Allsale Ltd. is not responsible for misdirected packages as a result of incorrect information being input on the order page. We cannot change or update an address once the item is in transit. If the carrier does not deliver an order and it is returned to us, a gift card will be issued for the cost of the order. The order cannot be reimbursed.
International orders
Any duties or customs on international orders will be the responsibility of the receiver (please note that we are located in an EU country and order via our shop is under EU customs regulation, outside delivery is under local law). Please be aware of any laws in your area which could affect the timely delivery of your order. We are not responsible for items that the authorities confiscate. We cannot be held accountable for items that are considered illegal in your place of residence. In the event of a package being returned due to an improper address or inability to deliver, there may be an additional charge to have the package re-shipped.
Returns
At Allsale Ltd., we want you to experiment and have fun. Part of our mandate is to help you make an informed decision before you buy by providing great product descriptions, measurements, and photos. Please read all product descriptions, ingredient lists, and
measurements carefully before you buy, and feel free to contact us with any product-related questions if you are unsure about your selection. We are unable to cancel and refund orders after they have been processed. Because of the intimate nature of our products, we are unable to accept returns or exchanges on products purchased.
We ask you to check all products immediately upon receiving them to ensure that everything is in good working order and that you have received exactly what you ordered. If you find a manufacturer defect in any product we sell, we will replace it with the same item. Items listed as sold by the Kinny brand are entitled to a 1-year warranty for manufacturing
defects. Items listed as sold by another brand on our website are entitled to a six-week warranty for manufacturing defects.
A defective product will include, but is not limited to, the following issues: won’t charge, damage to the external shell, won’t turn on or off, won’t change modes. Once confirmed defective, the care team will initiate the replacement process.
To replace a defective item:
Please send an email to [email protected] with your order number and a video illustrating the defective product. If a video cannot be submitted over e-mail, you may send it through our
social media channels. The customer care team will determine if the product is defective at their discretion. Replacements for items in stock will ship within 5 business days. Replacements for items on pre-order will ship according to our team’s advisement. Customers are entitled to swap a defective item on pre-order for another item as determined by our team but will otherwise be sent the same item. Defective items are not eligible for refunds. If a replacement item is defective, you will be issued a store credit.
Order Cancellation
Please be advised that once payment has been processed, an order cannot be canceled. This policy and procedure applies to complaints received by Allsale Ltd. hereinafter referred to as Kinny, as it relates to the use of products and services on kinny.us, to ensure prompt and efficient handling and resolution.
a. Guiding Principles
- It is in the interest of all parties that complaints are dealt with promptly and resolved as
quickly as possible. - Review of complaints is fair, impartial, and respectful to all parties.
- Complainants are provided clear and understandable reasons for decisions made relating
to complaints. - Complaints are used to assist in improving services, policies, and procedures.
b. Defining a Complaint
In this policy, a complaint means an expression of dissatisfaction by a customer relating
to products and/or services provided by kinny.us
c. Complaint Receipt and Handling
A complaint may only be received in writing, either by emailing or using the contact
form on the websites. If a customer calls to make a complaint they will be directed to
follow up over email, so that all complaints may be documented. When a complaint is
received, the customer support team will determine who is the best person to handle it.
The “best person” is defined as the individual who has specific knowledge relating to the
complaint, and who is authorized to resolve disputes. It is the responsibility of the
customer support team to to transfer the complaint, and the onus is on the individual
handling the complaint to reply directly to the customer informing them the complaint
has been received, and if possible, providing a timeline for action. At this time, the
complainant’s name, phone number, email address, order or subscription information, and
nature of the complaint are recorded.
d. Resolving the Complaint
Complaints are to be resolved in a timely fashion. Complaints related to purchases will be resolved within 10 business days by the appropriate party. Complaints related to employees will be handled by the Vice President of Customer Experience, who will inform the complainant of the timeline for resolution. Complaints related to the Vice President of Customer Experience will be handled by the CEO, who will similarly inform the complainant of the timeline for resolution.
e. Documenting the Complaint
All complaints are recorded, and records will include the complainant’s name and contact information, which will be kept private, along with the date of the complaint. The record will also include the details of the complaint, the actions taken to resolve the complaint, and the outcome. As part of our improvement plan, complaints will be reviewed by management to identify trends and improve our processes to mitigate further issues. - Contact us at [email protected] for questions related to refunds and returns.