Terms and Conditions

OVERVIEW

Welcome to Kylen & Kelly Footwear! The terms “we”, “us”, and “our” refer to Kylen & Kelly Footwear. Kylen & Kelly Footwear operates this store and website, including all related information, content, features, tools, products, and services, to provide you as a customer with a personalised shopping experience (“the Services”). Kylen & Kelly Footwear is powered by Shopify so we can deliver the Services to you.

The following general terms, including all policies referenced herein (“the Terms of Service” or “the Terms”), describe your rights and obligations when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and address topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not accept the Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By accepting these Terms of Service, you declare that you are of legal age under the laws of the state or province in which you reside, and that you have given us permission to allow any minor family members to use the Services on devices you own, purchase, or manage.

To use the Services, including visiting or browsing our webshop or purchasing the products or services we offer, we may ask you to provide certain information, such as your email address and your billing, payment, and delivery information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your login details and for all activities occurring under your account. You may not transfer, sell, assign, or license your account to others.

ARTICLE 2 – OUR PRODUCTS

We strive to provide product and service descriptions in our webshop that are as accurate as possible. However, colours and appearance may differ from how they appear on your screen. This depends on the device you use to access the store, as well as your device settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our webshop.

All product descriptions may be changed at any time and without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of products offered per person, per geographic region, or per jurisdiction.

ARTICLE 3 – ORDERS

When you place an order, you are making an offer to purchase. Kylen & Kelly Footwear reserves the right, at its sole discretion, to accept or reject your order for any reason. Your order is only accepted after Kylen & Kelly Footwear has confirmed it. We must have received and processed your payment before your order is considered accepted.

Please review your order carefully before submitting it. Kylen & Kelly Footwear may not be able to accommodate a cancellation request after your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number you provided during checkout.

You may only return or exchange purchases in accordance with our Returns Policy.

You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

ARTICLE 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time you place the order. This price appears in the confirmation email you receive after your purchase. Unless expressly stated otherwise, displayed prices are exclusive of taxes, shipping and handling charges, customs duties, and import fees. Prices are shown in Euros (EUR €), unless otherwise indicated.

Prices displayed in our webshop may differ from prices in physical stores or in webshops or other stores operated by third parties. From time to time, we may offer promotions for the Services, which may affect pricing and which are subject to terms separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to update your account and other information, including your email address, credit card numbers, and credit card expiry dates, promptly upon any changes so we can complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is accurate, correct, and complete; (ii) you are authorised to use the credit card for the purchase; (iii) your charges will be honoured by the credit card company; and (iv) you will pay the costs incurred at the displayed prices, including shipping, handling charges, and all applicable taxes where relevant.

ARTICLE 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All estimated delivery times are approximate and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we deliver the products to the carrier, ownership and risk of loss transfer to you.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, trade dress, text, displays, images, graphic elements, product reviews, video and audio, and the design, selection, and arrangement thereof, belong to Kylen & Kelly Footwear, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property laws in the United States and other countries.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written permission. Except as expressly stated in these Terms, nothing grants you a licence or rights under any patent, trademark, copyright, or intellectual property belonging to Kylen & Kelly Footwear, Shopify, or any third party. Unauthorised use of the Services may violate national and federal intellectual property laws. All rights not expressly granted in these Terms are reserved by Kylen & Kelly Footwear.

Names, logos, product names, service names, design elements, and slogans belonging to Kylen & Kelly Footwear are trademarks of Kylen & Kelly Footwear or its affiliates or licensors. You may not use such trademarks without Kylen & Kelly Footwear’s prior written consent. Names, logos, product names, service names, design elements, and slogans belonging to Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may gain access to customer tools offered by third parties as part of the Services. We do not monitor these tools and have no control over them.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations, or conditions of any kind and without endorsement. We are not liable for damages arising from or relating to your use of optional third-party tools.

You use optional tools offered through the site entirely at your own risk and discretion. You must ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third parties.

We may also offer new features through the Services in future (including releasing new tools and resources). Such new features are also considered part of the Services and are subject to these Terms of Service.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites offered or operated by third parties (including any embedded functionality from third parties). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you leave the Services to access such materials or third-party websites, you do so at your own risk.

We are not responsible for any damages or negative consequences associated with your visit to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Carefully read third-party policies and practices and ensure you understand them before entering a transaction. Any complaints, claims, concerns, or questions regarding third-party products or services must be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

Kylen & Kelly Footwear uses Shopify to provide the Services to you. However, all sales and purchases you make in our store are handled directly with Kylen & Kelly Footwear. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and Kylen & Kelly Footwear, including personal injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your purchases and transactions with Kylen & Kelly Footwear.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify’s privacy policy, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit through the Services is transmitted to and shared with Shopify and third parties, who may be located in countries other than your own, so that they can provide services to you. Read our Privacy Policy to learn more about how we, Shopify, and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email, or otherwise send ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use. For example, we may exercise our rights under this licence to operate, deliver, evaluate, improve, and promote the Services and to fulfil our obligations and exercise our rights under these Terms.

You also represent and warrant that:
(i) you own all Feedback or have all necessary rights to it;
(ii) you have disclosed any compensation or incentive you received in connection with submitting the Feedback; and
(iii) your Feedback complies with these Terms.

We are not obliged to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene, or otherwise objectionable, or which violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback does not violate any third-party rights, including copyright, trademarks, privacy rights, personality rights, or other personal or property rights. You further agree that your Feedback does not contain defamatory, unlawful, abusive, or obscene material, nor any computer viruses or malware that could affect the operation of the Services or related websites. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible or liable for any Feedback posted by you or any third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information in or related to the Services may contain typographical errors, inaccuracies, or omissions. These may relate to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information. We may also cancel orders if relevant information is inaccurate, at any time and without prior notice (including after you have submitted an order).

ARTICLE 13 – PROHIBITED USES

You may only use the Services for lawful purposes. You may not directly or indirectly access or use the Services:
(a) for unlawful or harmful activities;
(b) to violate international, national, federal, or provincial laws, rules, regulations, or local ordinances;
(c) to infringe our or others’ intellectual property rights;
(d) to harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate against our employees or any other person;
(e) to submit false or misleading information;
(f) to knowingly send, receive, upload, download, use, or reuse material that does not comply with these Terms;
(g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, or other similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any activity that restricts or inhibits anyone’s use of the Services, or which may harm Home&Co Interiors, Shopify, or users, or expose them to liability.

Additionally, you agree not to:
(a) upload or transmit viruses or harmful code that could affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) use spam, phishing, pharming, pretexting, spiders, crawlers, or scraping; or
(e) interfere with or bypass the security features of the Services, related websites, other websites, or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine you have violated any of these Terms.

ARTICLE 14 – TERMINATION

We may, at our sole discretion and without prior notice, terminate this agreement or your access to the Services (or any part thereof) at any time. You remain responsible for all amounts due up to and including the date of termination.

The following articles also remain in effect after termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by nature should survive termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

Information provided about or through the Services is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from reliance placed on such materials by you, other visitors to the Services, or anyone who becomes aware of the content.

Unless expressly stated by Home&Co Interiors, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representations, warranties, or conditions, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. In some jurisdictions, disclaimers of implied or other warranties are limited or not allowed. The above disclaimer may therefore not apply to you.

ARTICLE 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Home&Co Interiors, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors – or Shopify and its affiliates – will under no circumstances be liable for injury, loss, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, loss of profits, loss of revenue, loss of savings, data loss, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or products purchased through the Services, or for any other claim relating in any way to your use of the Services or any product. This includes, but is not limited to, errors or omissions in content or loss or damage incurred as a result of the use of the Services or any content (or product) posted, transmitted, or made available through the Services, even if advised of such damages.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from all costs relating to losses, damages, liabilities, or claims, including reasonable legal fees, payable to a third party arising from or related to:
(1) your breach of these Terms of Service or any documents incorporated by reference;
(2) your breach of any law or third-party rights; or
(3) your access to and use of the Services.

We will notify you in the event of a claim giving rise to indemnification, provided that failure to provide timely notice does not relieve you of your obligations unless you are materially prejudiced. We may assume defence and settlement of such a claim at your expense, including using a lawyer, but we will not settle claims requiring non-monetary obligations from you without your consent (which you may not unreasonably withhold). You must cooperate in the defence of claims subject to indemnification, including providing relevant documents.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, the provision will nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable part shall be deemed severed from these Terms of Service. Such determination does not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision under these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and all policies or operating rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms replace all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including previous versions of the Terms of Service).

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

ARTICLE 20 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent. Any attempt to do so is void. We may transfer, assign, or delegate these Terms and our rights and obligations without your permission or notice to you.

ARTICLE 21 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide the Services to you are governed by and interpreted in accordance with Australian law. You and Home&Co Interiors agree to submit to the jurisdiction of the Australian courts (including courts in the district where Home&Co Interiors has its registered office).

ARTICLE 22 – HEADINGS

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

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service. We will post updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes take effect on the date stated in the notice. If you continue to access or use the Services after changes to these Terms of Service, you agree to those changes.

ARTICLE 24 – CONTACT INFORMATION

Contact details:
Store name: Kylen & Kelly Footwear
Company name: Luvra Amsterdam
Address: Bevelandlaan 8, 5628 LD Eindhoven, the Netherlands
Email: support@Kylenandkelly.com
Phone: +61 480 009 328
Contact: Contact page

Customer service:
Monday – Saturday: 9:00 – 17:00 (Irish Time / GMT)
Sunday: Closed

We aim to respond to your email within 1–2 days.

Thank you for your purchase at Kylen & Kelly Footwear.