OVERVIEW

This website is operated by KALOPSIA C.I.C, trading as KC Manufacturing. Throughout the site, the terms “we”, “us” and “our” refer to KALOPSIA C.I.C. KALOPSIA C.I.C 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 ASSEMBLE BY KALOPSIA COLLECTIVE, 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. In accordance with the UK’s Consumer Rights Act 2015, our liability for hardware-related issues will not extend to cases of failure caused by issues unrelated to the service, such as third-party hardware failure or damage. Additionally, we will not be liable for any consequential losses arising from such issues.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless ASSEMBLE BY KALOPSIA COLLECTIVE 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 26 Stewartfield EDINBURGH GB EH6 5RQ.

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 20 - SAMPLING

All new products produced for a client by Kalopsia must be sampled first. This included any alternations to an existing product or a change of material from that originally sampled in.

Any order placed with out a sample being order first will be considered a sample order regardless of size. Any items produced with in this first ‘sample’ with fall under our terms for sample products.

Samples of Assemble items will be charged at a standard unit price, with any custom products being priced on request.

SECTION 21 - SAMPLE PRODUCTS

Text below refers to Assemble production runs only, if product development or customised samples have been ordered this will undertake a different process which will be discussed with yourself and the Kalopsia product development team.

Samples are produced to ensure we are happy to work with your materials and that you are happy with the finish we can produce. As a result of this we can not offer refunds or remakes if you are unhappy with a sample.

Samples should not be used for resale as they may contain elements that need to be amended before a production run is agreed.

A product will be consisted a sample if it the first unit ordered of any product or variation in finishing, sizing or material for a client. This includes but is not limited to;

- Lining colour changes
- Zip colour changes
- Label placement changes
- Product size changes
- Fabric type changes
- Fabric weight changes
- Print or pattern changes
- Fabric supplier or printer changes
- Print direction changes

SECTION 22 -  PAYMENTS

Please note as of the 01/03/19 all payments will be taken before work will begin on an order. Payments can be made either by ordering through our website or by invoice through a bank transfer or paypal payment. All out standing payments are required to clear before work on any further orders can start. We can also except cheque however there will be a 10% processing charge.

SECTION 23 - ALTERATIONS

If an alteration to a product is requested by the client for any reason other than an oversight made by the Kalopsia team during production (for example a pocket being missed out of the product.) Kalopsia reserve the right to refuse the request. If an alteration request is excepted the finished quality of the product can not be guaranteed to be of the same standard as the originallys

SECTION 24 - FABRIC

By agreeing to an order with Kalopsia collective you are agreeing to supply all relevent materials for any order aslaid out in any communications with the team.
If the wrong materials is supplied we reverse the right to stop work on an order until the correct materials is supplied

Materials supplied for a production run should always be the same as the material sampled in unless otherwise agreed with the team.

It is the clients responsibility to insure that all materials are supplied in the correct amount to complete an order. If enough fabric is not proved, we reserve the right to stop work on an order until the remaining fabric is supplied.

Refunds for products that could not be produced due to a lack of fabric will be looked at on a case by case bases.

If a client is found to have knowingly supplied the wrong or too little fabric, the order maybe cancel at this point with no refund.

Please note, finish may vary from fabric to fabric. A sample should be ordered to guarantee is to the correct standard. If no sample is ordered Kalopsia Collect can not take responsibility for the completed products being different from what was expected

Right side of the fabric - Please state the right side of the fabric. Pin, mark or add attachment to the right side side. This is to indicate what side you like to have up and forward facing.

If your fabric as a has a an orientations or placement (eg a central point)  please also state this on the fabric  - for example, 'top face' of the print, weave or knit.

SECTION 25 - TURNAROUND TIMES

Our standard turnaround time for order are up to twelve weeks from receiving payment and all materials. For samples, the turnaround time is up to four weeks from receiving payment and all materials.

SECTION 26 - OUR STAFF

We value our staff and their wellbeing and do not accept any abuse or threatening behaviour towards them. All our phone calls are recorded for this purpose. If it is found that threatening behaviour or abuse has been made towards our staff, Kalopsia reserve the right to cancel your order with immediate effect.

SECTION 27 - CANCELLATIONS

If an order is canceled before work as begun there will be no charge made to the client. However is an order has been started and a client requests the order is cancel or postponed , Kalopsia receives the right to request the order is paid in full at the time of cancellation. Any work completed up until the point of cancelation will only be released at such time as the order balance is paid.

SECTION 28 -  PACKAGING 

As a sustainable business we are always looking for the best options for improving our packaging. As standard all Assemble orders will dispatched in recycled stretch plastic bags to ensure orders do not get water damaged in transit. 

These packing bags can also be recycled again after use, (they can even be popped in the carrier bag recycling at most supermarkets.) 

Where possible we will also reuse any packaging that is sent to us be clients, such as boxes or reusable wraps or cushioning. 

Please note; no refund will be offered on the P&P charge if your packing is reused to ship your order back to you.

SECTION 29 - POSTAGE  

UK STANDARD DELIVERY Postage will be automatically added to your invoice. The amount will be subject to the weight,size and destination. If you have your own courier, please let us know and we can arrange for you to have your ordered being picked up.

Orders will normally be delivered within 3 to 5 working days, of the order being complete. Deliveries are made by Royal Mail between 7am and 7pm on a non-tracked service. Orders weighing over 5 kg may be made by Parcelforce.

Kalopsia cannot accept any liability for any delivery instructions which you give to the delivery company. If, for example, you ask the delivery company to leave your order in a different location to the one given at the time of your order we cannot accept responsibility if you fail to receive the order.

We offer delivery to a wide range of international destinations. Delivery times vary depending on destination for international clients.

Canada & USA - Please allow 2-4 working days for delivery.
Australia & New Zealand - Please allow 3-5 working days for delivery.

Please allow 2-6 working days for delivery to the following:
•Belarus, Bosnia and Herzegovina, Hong Kong, Iceland, Kosovo, Liechtenstein, Macedonia, Montenegro, Norway, Serbia, Turkey, Ukraine

Rest of the World - Zone 2 - Please allow 4-8 working days for delivery to the following:
•Bahrain, Bermuda, Brunei, Cayman Islands, China, India, Indonesia, Israel, Japan, Kazakhstan, Netherlands Antilles, Qatar, Republic of Korea, Saudi Arabia, Singapore, South Africa, Taiwan, United Arab Emirates

PLEASE NOTE:

Deliveries to countries outside the European Union may be subject to customs clearance and import thresholds which are the responsibility of the customer.

Deliveries to addresses in the CHANNEL ISLANDS: Any applicable import duties, clearance fees and other additional charges are the responsibility of the customer.

Deliveries to all other addresses OUTSIDE THE EUROPEAN UNION: All applicable import duties, clearance fees, brokerage fees, local sales taxes or other additional charges are the responsibility of the customer and will need to be paid by the customer on receipt of the shipment. If tax and duties apply, you will need to pay these to release your order. In addition, local customs practises may require you to provide additional information to clear your order. These rules vary by country. Your local government determines duty and customs charges. Please contact your local customs office for more information.

SECTION 30 - PRODUCT AND SPECIFICATIONS

Dimensions quoted are approximate and may vary up to 5% +/-.

Kalopsia shall not be liable for any variations on the specification of the Goods, which do not materially affect the use and operation of the Goods or for the substitution of any materials or component parts of the Goods by other materials or parts of a quality equivalent or superior to that originally specified.

SECTION 31 - OWNERSHIP OF ARTWORK/PRODUCT PATTERNS

Original artwork or fabric supplied is always the property of the supplier/owner.

Normally, unless otherwise agreed, there will be no storage charge for this artwork or fabric provided and remains on the Company’s premises for the use of the Company to manufacture products for up to 3 months after an order has been completed.

OWNERSHIP OF CUSTOM PRODUCT PATTERNS

Normally unless otherwise agreed, the client retains the right to all product patterns.

OWNERSHIP OF ASSEMBLE PRODUCT PATTERNS

Normally unless otherwise agreed, Kalopsia retains the right to all Assemble product patterns. Kalopsia also reserves the right to produce Assemble products for multiple clients.

SECTION 32 - CREDIT NOTES

Credit notes issued must be utilised within 12 months from the date of issue. Failure to use the credit within the stipulated time frame will result in forfeit of the credit.