Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Kay’s Essentials (“Kay’s Essentials”, “we”, “us”, “our”). We operate this website and store, including all related information, content, features, tools, products and services (collectively, the “Services”) to provide you, the customer, with a curated closet sale shopping experience.

Kay’s Closet is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced here (including our Privacy Policy and Returns & Refunds Policy), describe your rights and responsibilities when you use the Services.

By visiting, browsing, interacting with, or purchasing from our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By using our Services, you confirm you are at least the age of majority where you live, or you have consented to allow any minor dependents to use the Services on devices you own or manage.

To use certain parts of the Services (including purchasing), you may be asked to provide information such as your name, email, billing, payment and shipping details. You confirm the information you provide is accurate, current and complete, and that you have the right to provide it.

You are responsible for maintaining the security of your account and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 — OUR PRODUCTS (CLOSET SALE / PRE-OWNED ITEMS)

Kay’s Closet offers a mix of pre-owned, new, and/or like-new items depending on the listing. Each product page includes a condition description to the best of our ability, but please understand:

  • Many items are one-off and may show minor signs of wear consistent with pre-owned clothing.

  • We make every effort to photograph and describe items accurately, including any notable flaws.

  • Colours and appearance may vary depending on your device display and settings.

Unless stated otherwise, items are sold as described on the product page at the time of purchase. All product descriptions are subject to change without notice.

We reserve the right to limit quantities, discontinue items, or refuse service to anyone for any lawful reason.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order at our discretion. An order is not accepted until we confirm acceptance and successfully process payment.

Please review your order carefully before submitting it. Due to the nature of closet sale inventory (often one-off items), we may be unable to accommodate cancellation requests once an order is accepted.

If we make a change to, or cancel an order, we will attempt to notify you using the email and/or phone number provided at checkout.

Your purchases are subject to our Returns & Refunds Policy.

You represent and warrant that purchases are for personal use and not for commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price shown at checkout at the time your order is placed.

Unless otherwise stated, prices do not include taxes, shipping, duties, or import charges.

You agree to provide current, complete and accurate purchase and account information, and to promptly update your details as necessary.

You represent and warrant that you are authorised to use the payment method provided and that you will pay all charges incurred at the prices shown, including shipping and applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs, or events outside our control.

Once we transfer your parcel to the carrier, risk of loss and title pass to you to the fullest extent permitted by law.

If a parcel is marked as delivered by the carrier but you cannot locate it, you agree to contact the carrier and/or your local delivery office promptly. We will assist where reasonably possible, but we are not liable for theft or loss after confirmed delivery.

SECTION 6 — INTELLECTUAL PROPERTY

All content on the Services (including our branding, logos, text, images, graphics, product photos, and site design) is owned by Kay’s Closet or used with permission, and is protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

All rights not expressly granted are reserved.

SECTION 7 — OPTIONAL TOOLS

We may provide access to third-party tools. We do not control or monitor such tools and provide them “as is” and “as available” without warranties or endorsements.

Your use of any optional third-party tools is at your own risk.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for third-party content, policies, or practices. If you access third-party sites, you do so at your own risk.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Kay’s Closet is powered by Shopify, which enables us to provide the Services to you. However, any sale you make is between you and Kay’s Closet, not Shopify.

You acknowledge and agree Shopify is not responsible for any aspect of sales between you and Kay’s Closet, including any injury, damage, or loss resulting from purchased products.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Kay’s Closet.

SECTION 10 — PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal data about your access to and use of the Services to provide and improve the Services. Some data may be processed outside your country of residence.

SECTION 11 — FEEDBACK

If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose.

You confirm you own or have rights to the Feedback and it does not violate any laws or third-party rights.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

We may occasionally have typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct these and to cancel orders if information is inaccurate, at any time without prior notice.

SECTION 13 — PROHIBITED USES

You may use the Services for lawful purposes only. You must not use the Services to violate laws, infringe intellectual property, harass others, upload malicious code, scrape the site, or interfere with site security.

We reserve the right to suspend or terminate access if you violate these Terms.

SECTION 14 — TERMINATION

We may terminate these Terms or your access to the Services at any time without notice. You remain liable for all amounts due up to the termination date.

Sections that by their nature should survive termination will survive.

SECTION 15 — DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available” to the fullest extent permitted by law. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow limitations on implied warranties, so parts of this section may not apply to you.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, Kay’s Closet and our affiliates, partners, employees, agents, and service providers (including Shopify and its affiliates) will not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products.

In any event, our total liability will not exceed the amount you paid for the product giving rise to the claim, to the fullest extent permitted by law.

SECTION 17 — INDEMNIFICATION

You agree to indemnify and hold harmless Kay’s Closet and Shopify (and their affiliates, officers, directors, employees, agents, and service providers) from claims arising out of your breach of these Terms, violation of law, or infringement of third-party rights.

SECTION 18 — SEVERABILITY

If any provision is found unlawful or unenforceable, the remainder will remain in full force and effect.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Failure to enforce any right is not a waiver. These Terms and policies referenced are the entire agreement between you and Kay’s Closet regarding the Services.

SECTION 20 — ASSIGNMENT

You may not assign your rights or obligations without our written consent. We may assign these Terms without notice.

SECTION 21 — GOVERNING LAW

These Terms are governed by the laws of England, and the courts of United Kingdom will have exclusive jurisdiction, to the fullest extent permitted by law.

SECTION 22 — HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 — CHANGES TO TERMS

We may update these Terms from time to time by posting changes on this page. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms should be sent to:

Kay’s Closet
Email: kwadwo7mgmt@gmail.com

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/m9qv2u-0z/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/m9qv2u-0z/privacy_policy).