Welcome to the uberdandykimono.com website terms and conditions for use.
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions, please contact us directly via email, Facebook or Instagram.
USE OF WEBSITE
Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
REGISTRATION
You warrant that:
- The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
- You will notify us immediately of any changes to the Personal Data by updating these details on your online account.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
ORDERS
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Because Uber Dandy Kimono’s products are custom-made,Uber Dandy Kimono does not accept returns, and no refunds are available. Notwithstanding the foregoing, if within 30 days of Buyer’s receipt of custom apparel, Buyer discovers material defects in buttons, fasteners, stitching, or materials, it may submit an inquiry toUber Dandy Kimono for verification; if Uber Dandy Kimono’s Quality Control team determines in its sole discretion that an item is indeed defective,Uber Dandy Kimono will offer an equitable resolution of the matter to Buyer.
COLOURS
Uber Dandy Kimono strives to accurately depict all colors on its website; however, colors displayed on Uber Dandy Kimono’s website are representative. Because there are many variations in computer monitors and browsers, and not all monitors are calibrated equally, color reproduction on the Internet is not precise. Accordingly,Uber Dandy Kimono does not guarantee that what you see online will match the color of the actual product delivered. Even finished products can have minimal color variations within a production run, or in subsequent manufacture. Buyer acknowledges that actual colors may vary from colors shown on your display monitor, and even within an order or in supplemental orders. There are no returns due to color variances.
DESIGN POLICY
Uber Dandy Kimono reserves the right to refuse Buyer artwork, logo(s), and/or design requests for any reason, including but not limited to material Uber Dandy Kimono deems unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.Uber Dandy Kimono is currently not accepting any requests for special, cause-related garments as seller evaluates that part of our business.
OUR RIGHTS
We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website
THIRD PARTY LINKS
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
GENERAL TERMS
INTELLECTUAL PROPERTY AND RIGHT TO USE
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
LIMITATION OF LIABILITY
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
INDEMNIFICATION
Uber Dandy Kimono agrees to defend, indemnify and hold harmless Seller from and against any and all claims, damages, costs and expenses (including, but not limited to, attorney’s fees, expenses and court costs), arising from or relating to (i)Uber Dandy Kimono‘s use of Seller’s products and services, (ii) breach by Uber Dandy Kimono of these Terms and Conditions, and (iii) Buyer’s violation of any rights of any third party. Seller has the right to select defense counsel and to direct the defense or settlement of any such claim or suit.
DISCLAIMER OF WARRANTIES –
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO ANY OF THE PRODUCTS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
LIMITATION OF REMEDIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SELLER’S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, WILL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY UBER DANDY KIMONO AND UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF UBER DANDY KIMONO HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, AND NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION UNDER THIS AGREEMENT MAY BE BROUGHT BY UBER DANDY KIMONO MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
WAIVER
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
SURVIVAL
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
ENTIRE AGREEMENT
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Uber Dandy Kimono and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
CONTACT
For any queries regarding our service, please contact us via email, Facebook or Instagram
Page last updated 26.04.23
