Last Modified: November 01, 2023

Welcome to Kashmir Swimwear! The website located at www.kashmir-swimwear.com (the “website”) is owned and controlled by Kashmir Swimwear Ltd, a company registered in England and Wales with company number 15039406 (the “company,” “we,” “us” or “our”).

 The company offers the website to you subject to your acceptance of these Terms and Conditions, including our Privacy Policy, Shipping Policy, Returns and Refunds Policy as amended (collectively referred to as the “Terms” or the “Agreement”).

 Please read this Agreement before accessing the website and placing any orders. Unless otherwise required by law, all product sales will be governed by the Agreement effective when you placed your order.

 IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ORDER ANY PRODUCT THROUGH OUR WEBSITE.

 Table of Contents

1. Definitions and Interpretation
2. Eligibility
3. Account Registration, Privacy and Safety
4. Product Images
5. Order Placement and Acceptance
6. Price Changes, Errors and Payment Policy
7. Order Cancellations
8. Consumer Rights
9. B2B Terms of Sale
10. User-Generated Content
11. Intellectual Property
12. Account Termination
13. User Conduct
14. Feedback
15. Electronic Communication
16. Disclaimer of Warranties
17. Limitation of Liability
18. Indemnification
19. Governing Law and Jurisdiction
20. Amendments
21. Force Majeure

 

   1.          Definitions and Interpretation

The following words, whenever used in this Agreement, shall have the meaning as defined hereunder:

“Customer”	refers to a user who places an order through the website.
“Product”	refers to any item listed/offered for sale on the website.
“User”, “you”, or “your”	refers to a website visitor and/or customer, as the context dictates.

 

The headings of sections in this Agreement are merely for ease of reference and will not influence the interpretation of the Agreement. Using masculine, feminine, or neuter genders and singular or plural numbers will not result in exclusions or restrictions in this context. All pronouns will be considered masculine, feminine, neuter, singular, or plural, as the identity of the individual or organisation necessitates.

   2.          Eligibility

Unless expressly stated otherwise, only individuals eighteen (18) years of age or older are eligible to create an account and place orders through the website.

If you are under 18 years of age and wish to purchase a product, you may request your parent or legal guardian to order the product on your behalf.

Please note that we reserve the right to restrict your access to the website or decline your order if we suspect that you do not meet our eligibility criteria as outlined in this provision.

IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE STRICTLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA THROUGH THE WEBSITE.

   3.          Account Registration, and Safety

When you sign up for an account on the website, you will be required to provide us with your username and password.

You acknowledge and agree that we issue all accounts at our sole discretion. We may decline to provide an account to any user without giving any reason for our decision.

You agree to keep your account login credentials (username and password) confidential. If you suspect any unauthorised activity on your account, please immediately notify us at contact@kashmir-swimwear.com. You release us from any liability arising from or associated with unauthorised access to your account.

   4.          Product Images

All product images available on the website are for illustrative purposes only. Product colours may vary slightly from images displayed on the website due to different screen resolutions and studio lighting during a product shoot. For any pre-sale product-related questions, please contact us at contact@kashmir-swimwear.com. 

   5.          Order Placement and Acceptance

You are not required to create an account to place an order through the website.

All products listed on the website, including those in your shopping cart, are subject to availability. You can select and add products you wish to purchase to your shopping cart. Please carefully review your shopping cart, including product prices, sizes, quantities, applicable taxes, shipping fees, and handling charges, before proceeding to the checkout page and authorising the payment. You acknowledge and agree that by submitting your order on the website, you are offering to purchase the ordered product(s). After shipping your order, we will send you an order confirmation e-mail with relevant tracking details and an invoice.

You understand and accept that products that are sold out may not come back in stock and may be removed from our website. If you order multiple products as part of the same transaction and some of the ordered products are unavailable, we may fulfil your order in part by removing any out-of-stock products from your order. You will only be billed for the products that are specified in our order confirmation e-mail.

We may decline your order for any reason at our sole discretion, including but not limited to:

• If the ordered product is unavailable;
• Any pricing or product description errors on our website at the time you placed your order;
• If we are unable to bill your payment method for your order;
• If we do not service your location;
• Your non-compliance with any provision of this Agreement.

If we are unable to accept your order, we will contact you to inform you of the same.

   6.          Price Changes and Errors

All product prices on our website are listed in GBP and may be converted into your local currency for your convenience.

Although we make our best effort to keep all product prices up to date, you understand and accept that pricing errors are possible on the website. If there is an error in the price of your ordered product, we will contact you with the option to either confirm your order at the correct price or cancel your order. Please note that if we do not receive any response from you within 24 hours of our e-mail, we reserve the right to cancel your order. We are not under any legal obligation to accept orders at a lower price due to any errors in pricing on the website.

We also reserve the right to change any product prices or withdraw any promotional offers without prior notice to you. Any changes in prices and promotions will not impact any orders that we have already shipped.

   7.          Payment Policy

All payments on the website are processed by our selected third-party secure payment gateway. You can pay for your order using the payment method made available on the payment page.

If you select to pay with a credit or debit card, by providing your payment card details, you represent that you have the right to use the payment card provided by you. You are expressly prohibited from paying or attempting to pay for your order using another person’s payment card without their express authorisation. We will not be liable for any delay in delivery or non-delivery of your order resulting from payment authorisation refusal by the payment card issuer. If your payment card issuer declines authorisation, we will cancel your order, and you will have the option to place a new order with a different payment card.

   8.          Order Cancellations

Please carefully review your order before submitting it. We do not accept any order cancellations and modifications after an order is submitted. We will process all orders in accordance with the provisions of this Agreement, and if your order is eligible for a return and/or refund, you will have to return the products in accordance with our  Returns and Refunds Policy. 

All items marked as “Final Sale” on the website are final and will not be eligible for refunds.

The company reserves the right to cancel any order at any time if:

• the products ordered are unavailable for any reason;
• there is a pricing error with the ordered product; or
• we are unable to ship to your location.

   9.          Consumer Rights

Nothing in this Agreement shall limit, exclude, or restrict your statutory consumer rights. To learn more about your consumer rights, please contact your local Citizens Advice Bureau. 

10.          B2B Terms of Sale

Please note that this Agreement only governs the use of the website and sale of products from the company to consumers. If you are a business and you wish to purchase the products for resale, please note that you will be governed by our B2B Terms of Sale, which are not included in this Agreement. Please contact us to discuss your business and how you can purchase our products by writing to contact@kashmir-swimwear.com. 

11.          User-Generated Content

The company may, in its sole discretion, enable users to contribute content on the website and/or our social media pages on third-party platforms, including but not limited to unboxing orders, product reviews and user questions (collectively “user-generated content”). When you contribute your user-generated content to the website, you understand that such user-generated content is, by its nature, publicly visible and not considered confidential.

 By contributing user-generated content on the website, you further grant the company and its authorised personnel the right to identify you as the author of such user-generated content where appropriate and/or if required by law. 

Furthermore, by contributing user-generated content on the website and social media pages, you expressly grant us an irrevocable, perpetual, royalty-free, transferable, sub-licensable, worldwide license to use, store, copy, distribute, reproduce, modify, adapt, publish, display, sell, create derivative work or share, in print or on any digital media, any of your user-generated content.  

Please note that user-generated content is the sole responsibility of the user who originally published the user-generated content, and the company will not be held liable for the accuracy, legality or authenticity of any user-generated content.

12.          Intellectual Property

The company and its licensors are the owners of intellectual property rights in all content available on the website, including any text, graphics, logos, trademarks, audio, video, interactive features, software, and the like (“company content”). You shall not copy, sell, resell, reproduce, republish, modify, distribute, or create any derivative work of any company content without the copyright owner's consent. You are prohibited from removing any copyright, trademarks, and proprietary notices from any company content.

 The company only grants you a personal, non-exclusive, non-transferable, non-sublicensable, and revocable limited license to use the company content only for your personal and non-commercial use. Nothing in this Agreement grants you any legal rights that are not expressly granted in this Agreement. 

13.          Account Termination

• 1. Termination by the user

You may terminate your account at any time by accessing the account settings or by contacting us at contact@kashmir-swimwear.com with the words ‘account termination’ in the subject line.

• 2. Termination by the company

We reserve the right to terminate your account at any time without giving prior notice to you if we find that:

• You have violated any provision of this Agreement;
• You have violated any applicable laws; or
• Your conduct is harmful to us or any of the other users.

• 3. Consequences of Termination

After your account is terminated, you will not be able to reactivate your account, and you will lose all data associated with your account.

14.          User Conduct

Your use of the website and company content is subject to the following conditions:

• 1. You will not create multiple accounts;
• 2. You will not use the website for any illegal or unlawful purposes;
• 3. You will not post any content on the website or our social media pages on third-party platforms that may be potentially or actually harmful to the company or another person;
• 4. You will not post any defamatory content or content that may be deemed libellous or threatening to the company, its employees, affiliates, or any user;
• 5. You will not use any computer programming routines that may damage, modify, delete, or interfere with any system or network connected to the website;
• 6. You will not use any robot, data mining, or other retrieval tools to scrape any data/information from any part of the website;
• 7. You will not reformat or frame any portion of the website.

15.          Feedback

We welcome your feedback and input on our website and products and how we can improve them. Although we love to receive feedback, we want to avoid all misunderstandings as to the nature of this communication. When you send your feedback, you understand that you are granting us the full and exclusive rights to use, copy, transmit, publish, distribute, publicly display, publicly perform, create derivative works of, or otherwise exploit your feedback in any form or media now known or hereinafter developed without any restriction or compensation to you, now or ever in the future. You acknowledge and agree that your feedback will be treated as non-confidential.

16.          Electronic Communication

When you sign up for an account on the website or order any products from the website, you enter into this Agreement electronically. You understand and agree that all communication between you and the company is through electronic means.

For the purposes of this Agreement, you expressly consent to receive communications from the company electronically. Furthermore, you agree that all notices, disclosures, and other communications that the company provides you electronically will meet any legal requirement that such communication should be in writing.

17.          Disclaimer of Warranties

OUR WEBSITE AND PRODUCTS OFFERED FOR SALE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. THE COMPANY AND ITS OFFICERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT.

THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR OFFER ANY WARRANTIES THAT:

• THE WEBSITE WILL MEET YOUR REQUIREMENTS;
• THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION;
• THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
• ANY ERRORS OR DEFECTS WILL BE RECTIFIED;
• THE WEBSITE WILL BE ACCURATE, RELIABLE, AND FREE OF VIRUSES AND OTHER HARMFUL CODE.

THE COMPANY DOES NOT OFFER ANY GUARANTEE OR MAKE ANY PROMISES REGARDING ANY SPECIFIC RESULTS FROM THE USE OF THE WEBSITE. YOUR DECISION TO USE OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK.

18.          Limitation of Liability

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY NATURE, INCLUDING LOSS OF SAVINGS, COSTS OF ACQUIRING SUBSTITUTE PRODUCT OR OTHER COSTS, ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE, ANY CONTENT AVAILABLE ON THE WEBSITE OR ANY PRODUCTS PURCHASED FROM THE WEBSITE, EVEN IF THE COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE COMPANY AND ITS OFFICERS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL PURCHASE PRICE PAID BY YOU FOR THE PRODUCT IN THE MONTH WHEN THE CLAIM AROSE.

19.          Indemnification

You agree to release, defend, indemnify, and hold harmless the company, its founders, employees, affiliates, and subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• 1. Your breach of this Agreement;
• 2. Your user-generated content;
• 3. Your violation of applicable law;

The company reserves the right, at its own expense, to assume the exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the company.

20.          Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of laws. You hereby agree to submit to the exclusive jurisdiction of English courts to resolve any disputes arising out of this Agreement.

21.          Amendments

The company reserves the right to update this Agreement at any time without giving any prior notice. Where we make any changes to this Agreement, we will update the last modified date on the top of the page where this Agreement appears. All amendments shall be effective from the date we publish the updated version on the website. You are advised to periodically review this Agreement to familiarise yourself with any material changes. Your continued use of the website after the effective date of any amendments shall constitute your acceptance of such amendments.

22.          Force Majeure

The company shall not be liable for the failure to perform any of its obligations in this Agreement if such failure is caused by any force majeure event such as war, epidemic, insurrection, terrorist activities, government sanction, embargo, labour dispute, strike, or any interruption or any failure of electricity or server, system, computer, internet or telephone service.