Terms & Conditions of Website Use

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 Website Use (together with our Terms and Conditions of Purchase and Privacy and Cookie Policy) (together, the "Terms and Conditions") set out the legal terms that apply to your use of our website and any other website or application permitting you to place an order with us for any products and services.

Please read these Terms and Conditions carefully before using our website. By using our website, you agree to be bound by these Terms and Conditions.

Phoenix Skky Limited operates http://www.kalaycilondon.com.

1.2. We are a company registered in England and Wales and our registered office is at First Floor, 64 Baker Street, London W1U 7GB, United Kingdom. Our registered company number is 14346266 and our VAT number is GB 424784479. Our trading address is Gilmoora House, 57-61 Mortimer Street, London W1W 8HS.

1.3. We provide any products made available by us for purchase by you through our website. Further details of the products and services we provide are set out in section 2 below.

1.4. When you purchase any products and services using our website, you are purchasing them from us.

2.1. The products and services we offer allow retail consumers to search through our website and purchase any of our fashion garments and accessories directly from our website.

2.2. The contract for the purchase of the products and services is between you and us. This means that it is us who is legally responsible for selling the products and services to you.

2.3. In order to use the services on our website, you must be over 18 years of age.

2.4. We attempt to be as accurate as possible in the description of our products and services. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. The images of the products and services on our website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products.

2.5. As a consumer, you have legal rights in relation to products and services that are faulty or not as described. Advice about your statutory legal rights is available from your local Citizens' Advice Bureau or Trading Standards office or the equivalent in your country. Nothing in these Terms and Conditions will affect your statutory rights as a consumer.

2.6. The products and services sold by us are supplied for your domestic and private use only. You agree that you will not use the products and services for any commercial, business or re-sale purposes. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3.1. If, in providing the products and services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the products and services.

3.2. Subject to section 3.1. above, the aggregate liability under these Terms and Conditions of Phoenix Skky Limited, in providing the products and services to you, whether arising under contract, tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed 100% of the price of the products you have ordered from Kalayci London.

4.1. As far as the purchase of products and services is concerned, the steps you need to take to place an order with us are explained on our Terms and Conditions of Purchase.

5.1. This section sets out the rules that apply to your use of our website, whether or not you use it to order the products and services or just to browse.

5.2. By using our website, you agree to these rules. If you do not agree to these rules, you are not permitted to use our website and you should leave it immediately.

5.3. If you continue to use our website and/or if you order any products and services made available by us for purchase over our website, we will take this as your acceptance of these Terms and Conditions.

5.4. Our website is made available free of charge. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

5.5. Access to our website is permitted on a temporary basis and it does not include any commercial use of our website or its contents. You must not reproduce, copy and/or exploit our website for any commercial purposes without our prior written consent.

5.6. We reserve the right to withdraw or amend our website without notice and, from time to time, we may restrict access to all or parts of our website at our sole discretion, in particular for repairs, maintenance or the introduction of new content. However, we will attempt to restore our website for use as soon as we reasonably can. Examples of when we may so deny you access include but are not limited to where we believe that your use of our website is in violation of these Terms and Conditions, any law or the rights of any third party or was not respectful to others.

5.7. We will not be liable to you if, for any reason, our website is unavailable at any time or for any period.

5.8. We cannot promise that our website will be fault free. If a fault occurs with our website, you should report it to customerservice@kalaycilondon.com and we will attempt to correct the fault as soon as we can.

5.9. When you visit our website, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we send to you electronically, satisfy any legal requirement that same communications be in writing.

5.10. You must not use our website in any way that causes, or is likely to cause, our website or access to it to be interrupted, damaged or impaired in any way.

5.11. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use our website for lawful purposes only.

5.12. Any material that you upload to our website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties and such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights or of their right to privacy.

5.13. You must not use our website for any of the following:

in any way that breaches any applicable local, national or international law or regulation;

in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

to send, use or reuse any material that is:

illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or

in breach of copyright, trademark, confidence, privacy or any other right, and/or

otherwise injurious to third parties, and/or

objectionable, and/or

which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";

To cause harm, annoyance, inconvenience or needless anxiety to any person;

To do some market research and, in particular, to submit, many times and in repeated manner, some snapshots in order to obtain the prices of the products and services sold by us, without having any desire to buy those products and services. We reserve our right to ban you from using any snapshot function, on our website, if we think that you are using the snapshot function for a purpose other than purchasing a product or service sold by us.

5.14. Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

5.15. We are happy for you to link to our website, but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to our website, you must do so without delay.

5.16. Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

5.17. We may update or change our website or its contents at any time, but we are under no obligation to do so. Please note that this means any of the content on our website may be out-of-date at any given time. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that our website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website, or any content on it, whether express or implied.

5.18. In relation to our website, we will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with:

use of, or inability to use, our website; or

use of or reliance on any content displayed on our website.

5.19. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

5.20. We will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of our website and you hereby agree to be responsible to us for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim in respect of your use of our website.

6.1. We only use your personal information in accordance with our Privacy and Cookie Policy.

6.2. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using our website, you consent to the use of your data by us, and you warrant that all data provided by you is accurate.

7.1. We are the owner or the licensee of all intellectual property rights in our website and its content (such as, inter alia, web pages, designs, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, diagrams, layouts, and software including the presentation and compilation of the same) ("Content"). The rights in our website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.

7.2. The "Kalayci London" trade mark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our products, website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Phoenix Skky Limited and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.

7.3. You must not systematically extract and/or re-utilise parts of our website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of our website. You must not create and/or publish your own database that features substantial parts of our website without our prior written consent.

7.4. Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third-party products, services and/or locations featured on our website are in no way associated, linked or affiliated with us.

8.1. Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

8.2. Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights, and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

8.3. Assignment, subcontracting -We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms and Conditions provided that your rights under these Terms and Conditions are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms and Conditions without our consent in writing.

8.4. Amendments to these terms - We reserve the right to make changes to these Terms and Conditions at any time. You, and any contract of sale between us, will be subject to the version of these Terms and Conditions in force at the time you order the products and services in question from us.

8.5. Governing law and jurisdiction - These Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.

8.6. Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

8.7. Events outside of our control - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lockouts, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

8.8. Written communication - Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.

8.9. Notices - All notices given by you to us must be sent to Phoenix Skky Limited, Gilmoora House, 57-61 Mortimer Street, London W1W 8HS or customerservice@kalaycilondon.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph (Written communication) above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

8.10. Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any questions regarding our website or the Terms and Conditions, or in the unlikely event that you have any complaints about any products and services purchased by you from our website, please let us know and contact us at customerservice@kalaycilondon.com or see our Contact Us page for details of how to get in touch with us.

8.11. Contracts (Rights of Third Parties) Act 1999 -The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms and Conditions such that no third party may claim any rights under these Terms and Conditions.