Terms and Conditions – Keine Luxury
Last updated 20th April 2020
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and BCloud Trading Limited, trading as Keine Luxury (https://keineluxury.com/), registered at 61 Redcar Road, Bicester, UK OX26 1BQ (we, us), concerning your request and use of services provided by us.
1. Requesting Services
1.1. You may contact us to request services via telephone (+44 7388 573 588), WhatsApp (+44 7388 573 588), WeChat (+44 7388 573 588), Instagram Direct Message (https://instagram.com/keineluxury/), Facebook Direct Message (https://facebook.com/keineluxury/) or email (email@example.com).
1.2. Your request for services is accepted by us when we so agree orally by telephone or in writing by email, social media messages, WhatsApp or WeChat. At the time we accept your request for services, we will notify you of any special conditions that may apply. The contract between us will be formed of the contents of our email/telephone/social media messages/WhatsApp/WeChat exchange, any other relevant documents or confirmations that we send to you (including invoices) and these terms and conditions.
1.3. During the request for services, we will let you know when we will provide our services to you and the applicable service fees. If the services are ongoing services, we will also tell you when and how you can end the contract.
1.4. We may refuse to provide services to you at any time at our sole discretion.
1.5. As we procure items specifically to order, unfortunately, once we have started working on your request for services then it may not be possible for you to cancel your request and you may still be obliged to pay some or all of our fees and for the relevant products ordered. The specific retailer(s)’ return and refund policy will apply to any products ordered on your behalf. However, provided we have not started working on the services you have requested, you have 14 days to change your mind and cancel your request to us.
1.6. We will not be liable to you (or deemed to be in breach of our agreement with you) if our supply of services is delayed by an event outside our reasonable control.
2. Fees and payments
2.1. For any order of at least £500 in value, we charge a service fee of 5% of the item’s purchase price from the retailer. For orders of below £500 in value, we charge a flat fee of £40 per item. Order value excludes our service fee, shipping fee and payment processing fee and is quoted in GBP.
2.2. We accept payments with debit and credit cards via Stripe, PayPal Goods & Service; TransferWise and Bank Transfer.
2.3. Unless otherwise stated, payments are to be made in GBP (£). Where it is possible for us to accept payments in your local currency, we will inform you prior to issuing an invoice.
2.4. When we accept your request for services, we may require you to provide us with payment card details (which you agree shall be your own payment card) to secure the service request and any subsequent purchase(s). You authorise us to debit your payment card, and you will pay, in relation to:
2.4.1. any payments that you have agreed to make for our services; and
2.4.2. where we have notified you of the relevant charges in advance (and that the charges apply), charges in respect of our personal shoppers’ time. You are fully liable to us in relation to all such charges. Our fee for services will be the fees quoted to you during the request for services process. We will generally invoice you for the price of the services (including the price of any product(s) you may have decided to order) when we have located the products that you have requested, but before the order for the products has been placed.
2.5. You acknowledge and agree that we may use “Stripe” or “PayPal” (both are PCI Service Provider Level 1 certificated platforms) to process and store your payment card details. card payments processed via Stripe incur an additional 3% fee, payable by you. Please note that our checkout process with Stripe or PayPal is served over SSL (Secure Sockets Layer), which means that sensitive card details never touch our servers. Nevertheless, although we take every reasonable precaution to protect sensitive client data, you should be careful to make your payments from secure devices and using a secure network. We cannot be held responsible for any data breach if payment is made from a device that has been compromised by a virus or malware, or over a network that is not secure.
2.6. Payments processed via PayPal Goods & Service incur an additional 3% and 5% for UK and international accounts respectively. More information on PayPal payment processing fee.
2.6. We also accept payments via TransferWise and BACS bank transfer. This can be arranged with your bank directly. You are responsible for any incurred bank processing and foreign exchange charges.
2.7. If you do not make any payment to us when it is due, we may end the contract for services at any time by writing to you.
3. Purchasing Products
3.2. You acknowledge and agree that:
3.2.1. all orders are subject to availability and confirmation of the order price by the Retailer; and
3.2.2. each Retailer has their own processing times, delivery methods and prices, and returns and refund policies. We shall endeavour to notify you of such information on any preliminary invoice or confirmation notification we send to you.
3.3. To the extent that we do not have them already, you will be required to provide us with your payment card details before we order any products for you. You agree to pay to us all charges notified to us by the Retailer for the relevant product(s), as well as any fee agreed for our services in accordance with paragraph 2.1 and 2.5 above. In addition to the fees indicated in paragraph 2.1 and 2.5 above, you authorise us to debit your payment card in relation to:
3.3.1. any payments that you have agreed to make for the products; and
3.3.2. any additional charges charged to us by the relevant Retailer (for example banking-related charges). You are fully liable to us for all such charges. By paying (in full or in part) any preliminary invoice we provide to you in respect of products, you are agreeing to purchase the products. In particular, because we procure items specifically to order, once you have paid the deposit in relation to an order, we treat that order as confirmed and you will need to pay the balance to us within the time period notified to you.
3.4. We may refuse to process or accept a transaction for products for any reason at our sole discretion. We reserve the right not to accept your order for products in the event that we do not receive full payment of any requested product’s price and our fees or if the product is out of stock.
3.5. Once you have paid the invoice, we will send you a confirmation of your order. The invoice and/or the confirmation shall include a brief description of the products ordered.
3.6. Delivery costs and (if applicable) import taxes/duties are not included in the prices for the products. The delivery costs and/or import taxes/duties applicable to your order will vary depending on matters including the identity of the Retailer from whom the products are being ordered, the type and quantity of products you have ordered, the country of despatch, the delivery address, country, and/or the delivery method. We will usually arrange for Retailers to deliver the products to our offices (and we will then send the products to you upon receipt from the relevant Retailer), but in some cases we may request that the Retailer sends the products to you directly.
3.8. The products become your responsibility from the time they are delivered to you to the address you gave us, or you (or a carrier organised by you) collect them from us.
4. Returns and exchanges
4.1. The details, images and descriptions of the products that we give to you when we provide the services or when we issue you with a preliminary invoice are provided to us by the Retailers. All efforts are made to ensure that such details, images, descriptions and prices are accurate, however, your product may vary slightly from the images and descriptions provided. In particular, you acknowledge that:
4.1.1. some items of jewellery and leather goods are handmade and slight variations in construction and decoration are normal;
4.1.2. gemstone and leather materials are natural and therefore each product is unique;
4.1.3. no guarantees can be made as to any product’s consistency; and
4.1.4. there are variations in the product colour due to different lighting.
4.2. We cannot give any undertaking that products you purchase from Retailers through us will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. If the products you have ordered are not as described, flawed or not fit for purpose, we will return them to the Retailer on your behalf in accordance with the Retailer’s returns policy and we shall assist you where reasonably practicable in respect of any such return, exchange or refund. However, in the case of fine jewellery, high-value leather goods or exotic skins such as Hermes, please note that in most cases any sale is considered final, and no exchange, return or refund will usually be possible unless expressly stated otherwise in advance. Nothing in these terms affects your statutory rights in relation to products that are faulty or not as described. Please note that products (and in particular fine jewellery, leather goods and luxury items) tend to be delicate and must be cared for properly. You should carefully follow the care guidelines that come with the relevant product. You also acknowledge that for every return, exchange or repair request, Retailers reserve the right to evaluate the product before agreeing to anything. Retailers will generally offer a refund for manufacturing defects (other than in the case of natural/handmade variations as described in paragraph 4.1 above) but not where an item has been damaged by a customer’s handling of it.
4.3. Please note that if you decide to return any product for any reason other than in accordance with paragraph 4.2 above (for example because you have changed your mind or because the product does not fit), you will only be able to do so to the extent that the return is permitted by the Retailer who supplied the item. We shall assist you where reasonably practicable in respect of any such return, and you agree that you are liable for any costs incurred in the return or exchange process. In some cases, certain Retailers will allow an exchange but not a refund, or will only be able to issue a credit note. In other cases, the Retailers will accept full returns and refunds within a stated time limit. It is therefore very important that you check the relevant Retailer’s returns and refund policy. Please note any Threads fees incurred for services or sourcing products are non-refundable in the event of a return, exchange, or refund.
Our responsibility for loss or damage suffered by you:
5.1. If 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 breaking our contract with you or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the request process. We are also not responsible for any loss or damage that arises from:
5.1.1. inaccurate, incorrect or incomplete information provided by you;
5.1.2. your fault; or
5.1.3. any alterations that are made to a product at your request (even if the person carrying out the alteration was introduced to you by us).
5.2. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre existing faults or damage to your property that we discover while providing the services.
5.3. Except in respect of death or personal injury caused by our negligence, our maximum liability to you under these terms and conditions in respect of any order of products and/or services made by you shall be limited to the total value of that order.
5.4. You acknowledge and agree that you shall use your own skill and judgment as to value, quality and suitability of any services or products that we recommend, provide or make available to you.
6.1. We may vary these terms and conditions from time to time. By requesting services and or products from us, you agree to comply with and be bound by, the version of the terms and conditions notified to you (or, if no version of the terms and conditions is notified to you, the version set out on our website) at the relevant time.
6.2. Each paragraph (and sub-paragraph) of these terms and conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining paragraphs (or sub-paragraphs) will remain in full force and effect.
6.3. These terms and conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
6.4. If ever you have any question, or if any problem with our services provided or the products purchased may arise, please reach out to us by telephone at +44 7388 573 588 or email us at firstname.lastname@example.org.