Terms of service
OVERVIEW
Welcome to the TheKirtis seller! “We”, “us” and “our” refer to [TheKirtis]. TheKirtis operates this store and website, including all related information, content, features, tools, products and services (the “Services”), in order to provide you, as the customer, with a carefully selected shopping experience. TheKirtis is powered by Shopify in order to enable us to provide the Services to you.
The following terms and conditions, together with all policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe the rights and responsibilities you have when you use the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers of warranty and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and that you have given us your consent to allow any minor dependants under your care to use the Services on devices you own, purchase or manage.
In order to use the Services, access or browse our online stores, or purchase any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to ensure that our products and services are accurately represented in our online stores. However, please note that depending on the type of device you use to access the store and your device settings and configuration, colours or product appearance may appear differently on your screen.
We do not guarantee that the appearance or quality of any products or services displayed or offered in our online stores will meet your expectations or be the same.
All descriptions relating to products may be changed at any time without notice, entirely at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer on a case-by-case basis for any person, geographic region or jurisdiction.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. TheKirtis reserves the right to accept or reject your order for any reason and at its sole discretion. Your order shall not be deemed accepted until confirmation has been provided by TheKirtis that your order has been accepted. Payment must be received and processed by us before your order can be accepted. Please check your order carefully before submitting it, as TheKirtis may not be able to accommodate cancellation requests once an order has been accepted. In the event that an order is not accepted, amended or cancelled, we will attempt to contact you using the email address, billing address and/or telephone number provided at the time the order was placed.
Any products purchased are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that any products purchased are for your personal or household use only and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, advertised prices may include applicable taxes. Standard shipping for UK orders is included in the product price. The customer is responsible for any customs, import or similar additional charges if applicable.
Prices published in our online stores may differ from prices offered in physical stores or in other stores operated online or by third parties. From time to time, we may offer promotions through our Services which may affect pricing and which are subject to Terms and Conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) you are duly authorised to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay all charges incurred at the published prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. Delivery time within the UK is generally 5–9 working days. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the shipping carrier, customs procedures or events beyond our control. Title to and risk of loss for the products pass to you at the moment we deliver the products to the shipping carrier.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio content, and the design, selection and arrangement thereof, are owned by TheKirtis, its affiliates or licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing contained herein shall be construed as granting you a licence or any other right under any patent, trademark, copyright or other intellectual property rights of TheKirtis, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by TheKirtis.
The names, logo, product and service names, designs and slogans of TheKirtis are trademarks of TheKirtis or its affiliates or licensors. You must not use such trademarks without the prior written permission of TheKirtis. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing in the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
As part of the Services, you may be provided with access to customer tools offered by third parties which we neither monitor nor control nor have any input over.
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 the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionalities). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave our Services and access these materials or third-party websites, you do so at your own risk.
We are not liable for any harm or damages arising from your access to, or your purchase or use of, any products, services, resources or content on any third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
TheKirtis is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made through our store are conducted directly with TheKirtis. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and TheKirtis, and bears no liability whatsoever, including for any injury, damage or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising out of or in connection with your purchases and transactions with TheKirtis.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]; additionally, certain personal information may be subject to the Shopify Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
As the Services are hosted by Shopify, Shopify collects and processes your personal information relating to your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services may be transmitted to and shared with Shopify and third parties located in countries other than your country of residence in order to provide services to you. For details regarding how your personal information is used by us, by Shopify and by our partners, please review our Privacy Policy [LINK].
SECTION 11 - FEEDBACK
If you submit, upload, share, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any media and for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or otherwise control all rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to (1) maintain your Feedback in confidence, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malicious software that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INCONSISTENCIES AND OMISSIONS
From time to time, there may be information on the Services that contains typographical errors, inconsistencies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inconsistencies or omissions, and to change, update or cancel information at any time without prior notice (including after you have submitted your order) if any information on the Services is inaccurate.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for: (a) any unlawful or malicious purpose; (b) violating any international, federal, state or local regulation, rule, law or ordinance; (c) infringing upon or violating our Intellectual Property Rights or the Intellectual Property Rights of others; (d) harassing, abusing, insulting, harming, defaming, libelling, disparaging, intimidating or harming our employees or any other person; (e) transmitting false or misleading information; (f) submitting, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with these Terms; (g) transmitting or procuring the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation; (h) impersonating or attempting to impersonate another person or entity; or (i) engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm TheKirtis, Shopify or users of the Services or expose them to liability.
You further agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use the Services for spam, phishing, pharming, pretexting, spidering, crawling or scraping purposes; (e) use any robot, spider, scraping, data mining and extraction tools, automated device or process, artificial intelligence tools (including agentic artificial intelligence), or any automated or manual means to access the Services; or (f) interfere with, circumvent or defeat any security or authentication features, robot exclusion headers or other measures we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable or otherwise cause an Agent to access, use or interact with any Services. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or under the instruction of any person or entity, and which may operate using or on behalf of a person’s device without direct supervision.
14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set out in Section 14.4 below. In addition, no Agent may access, use or interact with the Services if we request that such Agent not access, use or interact with any Services.
14.3 We may limit how and in what manner any Agent may access, use or interact with the Services, including through technical measures.
14.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request originates from an Agent and clearly disclose the Agent’s name in the request’s user-agent string using the format “Agent/[agent name]”; (ii) not conceal or obscure that any access, use or interaction originates from an Agent, including by (a) imitating human behaviour and interaction patterns or (b) completing or bypassing CAPTCHA or other measures intended to distinguish humans from computer usage; (iii) respond truthfully to any question or request intended to determine whether interactions originate from a human or a computer; and (iv) not bypass or otherwise circumvent any measures intended to prevent, limit, modify or control Agents’ access to, use of or interaction with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time without notice, entirely at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We make no guarantees regarding the accuracy, completeness, or usefulness of this information. Any action you take based on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY [SELLER], THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES; THEREFORE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [TheKirtis], OUR BUSINESS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INJURY, LOSS, OR CLAIM OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF 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 SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS INCLUDES, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless [TheKirtis], Shopify and their affiliates, business partners, directors, officers, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim (including reasonable legal fees) payable to any third party arising out of or related to (1) your breach of these Terms of Service or the documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim; however, any delay in notification shall not relieve you of your obligations unless you have suffered material prejudice as a result. We may conduct the defence and settlement of such claims, including the selection of legal counsel, at your expense; however, we will not agree to any settlement imposing any non-monetary obligation on you without your consent, which shall not be unreasonably withheld. You agree to cooperate in the defence of indemnifiable claims by providing relevant documents.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined by a competent court to be unlawful, invalid, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure 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 the site or in relation to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including, but not limited to, any previous 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 21 - ASSIGNMENT
You may not assign, transfer, or delegate this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be deemed void.
We may assign, transfer, or delegate these Terms, and our rights and obligations, without notice to you or obtaining your consent.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you with the Services shall be governed by and construed in accordance with the laws of the federal and state or territorial courts of the jurisdiction in which TheKirtis is headquartered. You and TheKirtis agree to submit to the jurisdiction and venue of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on 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. We will notify you of any material changes to these Terms in accordance with applicable laws, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at thekirtis@outlook.com
Our contact information is provided below:
Kirtis Kampus LTD
thekirtis@outlook.com
71-75 Shelton Street, Covent Garden, London United Kingdom, WC2H 9JQ