Terms of Service

Overview 

This website is operated by Kathrin Kidger Designs PTY LTD. Throughout the site, the terms “we”, “us” and “our” refer to Kathrin Kidger Designs. Kathrin Kidger Designs PTY LTD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

Section 1 – Online Store Terms 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services. 

Section 2 – General Conditions 

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

Section 3 – Accuracy, Completeness and Timeliness of Information 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

Section 4 – Modifications to the Service and Prices 

Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

Section 5 – Products or Services (if applicable) 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 
For more detail, please review our Returns Policy. 

Section 7 – Optional Tools 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

Section 8 Third-party Links 

Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Section 9 – User Comments, Feedback and Other Submissions 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

Section 10 – Personal Information 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

Section 11 – Errors, Inaccuracies and Omissions 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

Section 12 – Prohibited Uses 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

Section 13 – Disclaimer of Warranties; Limitation of Liability 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall Kathrin Kidger Designs PTY LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

Section 14 - Indemnification 

You agree to indemnify, defend and hold harmless Kathrin Kidger Designs PTY LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

Section 15 - Severability 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

Section 16 - Termination 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

Section 17 – Entire Agreement 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

Section 18 – Governing Law 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.. 

Section 19 – Changes to Terms of Service 

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

 

Section 22 - Returns & Exchanges

Returns Policy

Kathrin Kidger Designs does not do refunds. We will gladly exchange items that have been purchased within 7 days. The items must be returned unwashed, unused, unworn and in their original condition with all tags attached.

In the event of a customer returning goods we require that the goods be returned with its original labelling within 7 calendar days.

Any items of clothing ordered from our website can be returned unworn and in its original packaging, accompanied by completed returns form (e-mail info@kathrinkidger.com, within 7 calendar days of receipt. Please notify us within this time frame).

Should you not meet the 7 days, we unfortunately won’t be able to assist with a return or exchange.

Items which are non-refundable & no exchange:

1. Pre Order Items
2. Any items where length has been custom made as per request of customer
3. ALL XXL items, as all these items are made up for order.
4. ALL private orders

 

Products not eligible for returns

“New and unused” means there are no marks on the item or wear on the tags and the item has been returned to us in its sale-able condition. Kathrin Kidger Designs will not accept returns for any non-faulty items that have been worn, washed and/or tags removed

We will not accept returns on any items of clothing that have been worn, have had their packaging removed, or are not in their original packaging.

The following products are not eligible for a refund, exchange or credit:

• products marked "Final Sale";
• products marked "Sale";
• electronic vouchers;
• intimates, bodysuits or under garments;
• jewellery for piercings;
• Size: XXL
• products which have been personalised for you or made to your specifications, unless defective
• Bespoke or customized items cannot be returned or exchanged under any circumstances
• All signature styles
• All pre order items/colour run

 

Goods returned are at the expense of the customer. We will not accept responsibility for the non-arrival of returned items that were sent by any means other than those stated on the returns form.

Customers are advised to please inspect their purchases on receipt, before removing any tags or disposing of any packaging, and to please inform us of any defects via e-mail info@kathrinkidger.com within 48 hours of receipt of the items.

We will only accept faulty items if the items were delivered to the customer damaged.  The faulty/damaged items will be inspected and assessed at the studio where an outcome will be decided on, taking fair wear and tear into account. After assessment, items may be repaired and returned where repair is possible.

Please refer to our sizing chart when ordering your garment.  Once you have placed your size order this will be considered to be your final order.

Exchange Policy

In the event of an exchange, items are subject to product availability and the customer will incur any shipping costs for returning items in exchange. We can only exchange an item for a different size, style, and colour subject to our stock availability.

All exchange enquiries can be made by contacting, info@kathrinkidger.com via e-mail with EXCHANGE in your subject heading.

Exchanged items can only be dispatched after the returned goods have been received and undergone a quality control check back at head office.

Exchange Policy:

How to proceed with your exchange:

You must use our returns and exchanges procedure for returning defective or unsuitable goods, or else we may refuse to accept them.

8. Please email us at info@kathrinkidger.comto advise that you would like to make a return or exchange. In your subject heading please state whether you are claiming for a RETURN or EXCHANGE & request a return & exchange form.
9. Fill out the form with details required including your contact details, date & place of purchase, along with all details of the physical goods you would like to return or exchange.
10. E-mail the return & exchange form to our customer service team on info@kathrinkidger.com. Customer services should contact you with confirmation of your request within 24 hours of receipt.
11. All exchanges will be subject to our stock availability.
12. Any return of physical goods must include proof or purchase including all original packaging supplied. Should no packaging is available; please ensure the goods are in protective packaging as we are not responsible for any damage in transit.
13. Securely wrap and package the item with the printed completed form.
14. Kathrin Kidger Designs will arrange a courier to collect the package, which will be deducted, from your credit due.
15. Courier fee is dependent on area.
16. Our customer services department may inform you that they do not believe you have a claim, i.e. the warranty period of the goods has expired. In this case we may refuse to repair or replace goods, or exchange.
17. Once we have received the package, Kathrin Kidger Designs will notify you that we have received the physical goods.
18. Kathrin Kidger Designs will also notify you in the same email if we have not received the return claim form associated with your claim. If we have not received it, we will send you a blank return form attached to the email. Please complete it and return it to us in terms of our returns and exchange procedure above. We will not be able to continue processing your claim until we have received this document.
19. If you claim that our goods are defective, our staff will examine the goods for defects.
20. In the case of physical goods, our staff will examine the actual goods. They will report to us whether the goods were defective, were misused, or are of good quality.
21. If you claim that our goods are unsuitable for your purposes, we will first investigate whether you communicated the purpose to us. If you did, we will then provide you with a written report indicating whether we believe the goods were unsuitable for your specific purpose or not.
22. If the goods were returned outside the seven day cooling-off period, or our staff report that the goods were misused, were of good quality, were not provided to you for a specific purpose or were suitable for that purpose, then we will not repair, replace, or exchange the goods.
23. If you returned the goods within the seven day cooling-off period and our staff report that the goods were defective, were provided to you for your specific purpose and were unsuitable for that purpose, then we will either contact you and ask you whether you would like us to repair, replace, exchange or issue a credit note. (if you are also a consumer under the CPA) or advise you how we have decided to compensate you (if you are not a consumer under the CPA).
24. If you choose for us to repair or replace the goods or we decide to do so ourselves, we will contact you as soon as reasonably possible to organise the necessary steps to repair or replace the goods.

 

We recommend that you send all items insured and/ or registered when sent through the mail, as we cannot take responsibility for packages that we do not ship ourselves.

Receiving an exchange/credit

Once your package has been returned to us within the above stated time frame unless otherwise authorized by the management at Kathrin Kidger Designs.

Each item will undergo a quality control check and once verified your credit note or exchange will be executed.

Please note: If we receive your return in a condition which we feel is not fit for exchange, we shall get in touch with you to discuss proceedings. Kathrin Kidger Designs reserves the right to refuse a return or exchange for any item sent back in a condition where the item has been used or damaged. Only items, which Kathrin Kidger can confirm as new and unused, will be eligible for a return or exchange, so that they have reached our returns department within the time frame outlined above (unless otherwise organized). Kathrin Kidger will not accept returns or exchange goods for any non-faulty items that have been worn, washed and/or with tags removed.

A credit note or exchange will not be issued for items, which fail to meet our standards set forth above.

Section 21 - Covid-19:

Kathrin Kidger Designs has a very strict health and hygiene protocol with  guidelines from the WOH, from packaging to making of garments.

Section 22: Signature Styles:

Please note, our Signature styles are only made up upon purchase. As such, we cannot refund monies paid or issues a return/exchange given the nature of the order. That being that all signature styles are bespoke and only fabricated on payment.  

Please allow for 48 hours for style to be made and another 48 hours for dispatch and 36 hours should you be based in an outlying area.

Section 23: Signature Styles:

Please note, our pre order items are only made up upon purchase. As such, we cannot refund monies paid or issues a return/exchange given the nature of the order. 

Please order a size up if concerned about sizing, we can always downsize, otherwise please contact info@kathrinkidger.com to assist you.