TERMS & CONDITIONS
WELCOME TO KULTDOLL
WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT http://kultdoll.com
BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY AND TO ACT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US.
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE KINDLY EXIT FROM THE USE OF THIS WEBSITE.
The http://kultdoll.com website is operated by KULTDOLL
KULTDOLL is completely dedicated to your total satisfaction. If you have any suggestions or comments please Contact Us .
1.1) You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2) We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, please do not continue the use of this Website.
2. ORDERING FROM US
2.1) You are deemed to place an order with us by ordering via our online checkout process. Please contact us via email to raise any enquiries prior to your order.
As part of our checkout process you will be given the opportunity to check your order, and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2) Our acceptance of an order takes place when we change the order status to pending. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3) We may refuse to accept an order:
- Where goods are not available;
- Where we cannot obtain authorisation for your payment;
- If there has been a pricing or product description error; or
- If you do not meet any eligibility or compliance criteria set out in our terms and conditions.
3.1) Our prices exclude any local VALUE ADDED TAX (VAT) which would be borne by customers.
3.2) Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
4. CANCELLATION AND EXCHANGE POLICY
4.1a) Please note NO CANCELLATION and/or REFUND on LIMITED EDITION (edition sizes less than 15) and PRE-ORDERS.
4.1b) For OPEN EDITION orders, you may only cancel your order BEFORE WE HAVE DISPATCHED THE GOODS to you by notifying through email Via Contact Form
4.2) Cancellation of orders would be imposed with a CANCELLATION CHARGE of 30% on retail price and PAYPAL charges incurred.
4.3) Should there be a manufacturer’s defect on merchandise received, you may contact us Via Contact Form to request for a parts exchange/replacement; adhering to the following terms and in accordance with clause 4.4 :-
- Request is made at any time within 3 days of receipt of merchandise,
- A clear picture of defect is submitted for verification and for process of our claims.
Thus, please help us by doing a thorough check on received products. The costs of sending defective parts within 3 days of merchandise received shall be borne by KULTDOLL. Any merchandise exchange/return thereafter, all postage (original and/or return) will be borne by customer.
4.4) Please understand that although we use the best quality resin and enforce a stringent quality assurance, there might still be small bubbles or marbling of resin (especially dark resin) which is an inherent characteristic of resin production, and therefore SHALL NOT be considered as reason for refund/exchange.
4.5) The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: –
- In the event that the product has been used. KULTDOLL would not cover wear and tear damages and merchandise not in re-sellable condition.
- To any products that we have made or customised specifically to your requests/consent
- The provisions of this clause 4.5 do not affect your statutory rights.
4.6) Please note that above clauses would not apply for items acquired from the secondary market.
5. DELIVERY SCHEDULE
5.1) We would normally despatch your order within 7 business days after full payment has been received, providing goods are in stock.
International orders are generally received in under 14 days (unless otherwise specified, which usually happen during holiday peak period)
5.2) All pre sales would be despatched within the promised timeframe unless otherwise specified.
6. SHIPPING AND HANDLING
6.1) Our Dolls and other heavier / fragile items are sent by courier. KULTDOLL subsidises these shipping costs to ensure the safety of items during delivery. Should there be any damages incurred during delivery, please refer to CLAUSE 4.3 to 4.5 for parts replacement.
6.2) All other items are sent either via COURIER / AIRMAIL (of which at the discretion of the company) and thus may take longer to arrive then courier service. Please note that we DO NOT combine items to save on shipping. If you require your items to be shipped together, or we decide for whatever reason to combine items, we WILL NOT REFUND SHIPPING EXCESS.
6.3) Please DO NOT request to falsify customs forms.
6.4) We regret to inform that meantime we do not ship to Argentina, Brazil, Croatia, Mexico, Norway, South Africa, Spain, Saudi Arabia, UAE, Ukraine. Please contact us directly via the Contact Form for your purchase.
7.1) You are NOT permitted to use, download, copy and print any extracts from this Website for your personal use unless otherwise with the consent of the webmaster.
7.2) Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3) Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4) Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1) While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2) Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.2) You are prohibited from posting or transmitting to or from this Website any material:
That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
For which you have not obtained all necessary licences and/or approvals;
Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3) You may not misuse the Website (including, without limitation, by hacking).
9.4) We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
10. LINKS TO AND FROM OTHER WEBSITES
10.1) Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2) If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
You do not remove, distort or otherwise alter the size or appearance of the KULT doll logo;
You do not create a frame or any other browser or border environment around this Website;
You do not in any way imply that we are endorsing any products or services other than our own;
You do not misrepresent your relationship with us nor present any other false information about us;
You do not otherwise use any KULT doll trade marks displayed on this Website without our express written permission;
You do not link from a website that is not owned by you; and
Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
10.3) You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
11.1) PLEASE NOTE: PRODUCTION PIECES MAY VARY FROM PROTOTYPES / SAMPLES SHOWN. WHERE POSSIBLE WE WILL ALWAYS TRY AND SHOW ACTUAL PRODUCTION ITEMS, BUT IN ORDER TO BEST SERVE YOU, IT IS SOMETIMES NESCESSARY FOR US TO USE PROTOTYPES AND SAMPLES FOR PHOTOGRAPHIC PURPOSES.
11.2) While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
11.3) The material on this Website is provided as it is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
12.1) We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
12.2) Nothing in these terms and conditions shall exclude or limit our liability for
Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
Misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
12.3) If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
12.4) You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
13. GOVERNING LAW AND JURISDICTION
13.1) These terms and conditions shall be governed by and construed in accordance with the law of Singapore. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Singapore.
13.2) We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the Singapore. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the Singapore, you do so at your own risk and you are responsible for compliance with local laws.
14.1) You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2) If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
14.3) Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.