Terms & Conditions of Purchase

Effective Date: 9 October 2023

Welcome to our website www.kalaycilondon.com (the “Site).

Phoenix Skky Limited (trading as Kalayci London) is committed to providing you with Terms which are easy to understand and fair to you. Your statutory rights are not affected by anything contained in these Terms. For more information on your legal rights, contact your local Trading Standards Office or Citizens Advice Bureau or any equivalent organisation in your country. 

These Terms and Conditions of Purchase (together with our Terms and Conditions of Website Use and Privacy and Cookie Policy) (together, the "Terms and Conditions") set out the legal terms that apply to the purchase of our products.

Please read these Terms and Conditions carefully before purchasing any products on our website. By ordering any of our products, you agree to be bound by these Terms and Conditions.

1.1. We offer products for sale on our website and our e-commerce business services are available exclusively to our retail customers.

1.2. To place an order for the purchase of one or more products, you must fill out the online order form and send it electronically to us, following the relevant instructions.

1.3. The order form contains information on the main characteristics of each product ordered and corresponding unit price (including any applicable fees, taxes and VAT), the type of payment that you may use, shipping terms for the purchased products, as well as shipping and delivery costs.

1.4. An order shall be deemed to have been submitted when we receive your order form electronically and the order information has been verified as correct.

1.5. The order form will be filled in our database for the time required to process your order, and as provided by law. You may access your order form by clicking on the section called My Order in the Customer Care area.

1.6. Before submitting the order form, you will be asked to identify and correct possible input errors.

1.7. After your order form has been submitted, we will process your order. There may be times we may not process purchases when, for example:

we are unable to obtain authorisation of your payment;

orders are incomplete or incorrect;

you order multiple quantities of an individual product where such products are to be shipped to any one customer or delivery address;

shipping restrictions apply to a product;

the delivery address you provide is the address of an entity or individual providing freight forwarding services;

the products are no longer available or are incorrectly priced or otherwise incorrectly described.

1.8. In the above cases, we shall inform you by email that your order has not been processed and specify the reasons. If the products displayed on our website are no longer available at the time of your last access and once we have received your order form, we shall inform you of the unavailability of the ordered items. If the order form has been sent and the price has been paid for items that are no longer available, we will refund the amount paid for those items.

1.9. Orders can be placed by telephone with our Customer Service team: Contact Us. Our Customer Service team act on behalf of Kalayci London in respect of any queries about delivery. Where you provide us with an email address, we will follow the process outlined in section 1.11. below. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time.

1.10. By submitting an order form, you accept and undertake to comply with the provisions of our Terms and Conditions.

1.11. Once your order form has been submitted, we will send you a purchase order receipt e-mail, containing a summary of the information related to the order form. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order will not take place unless and until the products have been collected from us on your behalf and we have sent you an email confirming that the products have been dispatched to you (“Dispatch Confirmation”).

1.12. When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may ask you to use identifications and passwords and other means for you to be able to access certain areas of our website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access. Without prejudice to our other rights and remedies, we may suspend your access to our website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding our website.

2.1. On our website, we only offer products marked with the “Kalayci London” trademark. These items are manufactured by Phoenix Skky Limited and/or by the manufacturer authorised by the same.

2.2. We do not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.

2.3. The main characteristics of the products are shown on our website, on each item page. The products offered for sale on our website may not exactly correspond to the real garments in terms of image and colours due to the internet browser or monitor used.

2.4. Prices set out on our website are quoted in Pound Sterling – GBP or the currency applicable to your destination. While we try to ensure that all prices on our website are accurate, errors may occur.

2.5. Prices are subject to change and will be as quoted on our website from time to time, except in cases of obvious errors. Please check the final price of sale before sending the relevant order form.

2.6. We may vary the prices of products listed on our website at any time and without any notice, but such changes will not apply to products in respect of which you have been sent a Dispatch Confirmation.

2.7. All prices of products on our website are the prices for the products only. They include any VAT or other sales tax payable. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however, please see section 2.8. below. Prices do not include the charge to you for delivery. Please check the delivery costs and charges on your order form and at checkout, while you are placing your order with us.

2.8. Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order and ensure compliance with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

3.1. Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.

 

3.2. In case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent by encrypted protocol to our card processor or other banks which provide remote electronic payment services, without any access to third parties. Such details will not be used by us except for performing the procedure relevant to your purchase or issuing refunds or for reporting cases of fraud to the police or any law enforcement authorities as applicable.

 

3.3. You confirm that the card or payment method that is being used is yours and that all details you provide to us are complete, correct and accurate. You further confirm that the card is valid and the inputted payment details are correct. All cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery.

 

3.4. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your payment in accordance with your order or as a result of us, the seller of the products, being located in the United Kingdom.

 

3.5. If your card or payment method is not denominated in the currency of your purchase indicated on our website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred by you.

4.1. Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.

5.1. Our standard next working day shipping option for UK mainland estimates the delivery of the products the next working day for orders placed by 11.00am GMT.

5.2. Our standard shipping option for Ireland estimates the delivery of the products within 2 working days for orders placed by 11.00am GMT.

5.3. Our Saturday shipping option estimates delivery on Saturday for orders placed on weekdays until Friday by 11.00am GMT.

5.4. We will use our nominated carrier for all shipments. You will receive an email containing your Tracking Number once your package, containing the products, has been shipped from our UK warehouse. Our warehouse is closed during UK national holidays and orders will not be shipped during such periods. All orders are processed automatically, and we are unable to expedite or delay shipping times.

5.5. Your order will be sent to the delivery address that you have provided on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Orders made to addresses to which we cannot ship will automatically be cancelled.

5.6. We will endeavour to dispatch your order in accordance with the estimated delivery times set out at sections 5.1. to 5.3. above, or as otherwise specified in the checkout process as you submit your order. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions, but this may not be possible until we have received your order. Orders received after any specified “cut off” time or received on a day which is not a working day (that is any day on which the banks are open for business in London which is not a Saturday or a Sunday), will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.

5.7. Where you have selected any of our delivery services, your sole remedy for any failure by us to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.

6.1. Should you wish to cancel or return any products, you may only do so in accordance with our cancellations and returns policy. Our cancellations and returns policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the product is shipped. For more information on your statutory rights, contact your local Trading Standards office or Citizens Advice Bureau or the equivalent in your country.

6.2. In certain circumstances, before your order has been dispatched, we may be able to cancel your order. Please Contact Us by telephone as soon as possible, after placing your order and Customer Service will advise if cancellation is available.

6.3. All products sold by our website come with an identification tag attached with a disposable seal. When trying on the products, you should not remove or alter the tag or seal from the purchased products, should you wish to return the purchased product.

6.4. Please ensure the following requirements are met in order to return products purchased from our website:

the products should not have been used, worn, washed or damaged;

the identification tag should still be attached to the products with the disposable seal;

the products should be returned in their original condition and packaging;

the returns form you received with your order should be completed and enclosed with the returned products;

the products should be returned to us within 28 calendar days beginning on the day on which you received the products.

6.5. You are required to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.6. You should return the products to us by packaging the relevant products securely. We recommend that you use a courier service.

6.7. The cancellation right set out in this section does not apply to:

sealed products unsealed by you following delivery, where return of such products is unsuitable due to health protection or hygiene reasons;

products which are made to your specifications or clearly personalised or monogrammed;

products which have become inseparably mixed with other items after delivery.

6.8. We will process the refund due to you as soon as possible and, in any event within 14 calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back within such time.

6.9. We will refund the price of the product in full, excluding costs for delivery, gift wrapping and other additional expenses. You will be responsible for the cost of returning the products to us, provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products.

6.10. If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by us to the individual who made the payment.

6.11. We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.

6.12. We will refund the price of the products in accordance with the time frame as specified in section 6.8. above. To the extent permitted by applicable law, we shall not be responsible for any delay that is beyond our control including delays caused by refund policies of payment card companies.

7.1. You must notify us of an error in respect of the products delivered or of a damaged or defective product within 14 calendar days of receipt. If a product becomes faulty after this period, please contact our Customer Service team to obtain further returns information.

7.2. We will examine all products returned as damaged or defective and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within 14 calendar days of the day we confirm to you via e-mail that you are entitled to a refund for the damaged or defective product.

7.3. Subject to acceptance by us of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to us. In the event that we find no fault with the returned products, you will be notified that the returned products cannot be accepted, and you may elect to have the products re-delivered to you. If you do not accept re-delivery, we reserve the right to retain the products and the purchase price and recover our fees and expenses from you.

8.1. By placing an order, you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy and Cookie Policy. We fully respect the privacy of individuals who access and use our website.

8.2. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose we use your information and under what circumstances we disclose information, please see our Privacy and Cookie Policy, which is incorporated into and form part of these Terms and Conditions.

8.3. You are advised to read our Terms and Conditions of Website Use, which also contain important information on how we process the personal data of our users and the security systems of our website.