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Terms & Conditions

Please, be sure you have read this Terms and Conditions before using this website.

 

The below terms and conditions govern the use of this website and any purchase, so by accessing this website you solely agree to these terms and conditions.

The following expression “we”, “us”, “our”, and ” kalamitay” are a reference to Kalamitay.

 

We reserve the right to amend these terms and conditions from time to time without notice to you and these modifications will be effective immediately upon publication.

It is your responsibility to check these terms and conditions every time you wish to use this website as they may be amended.

 

These Terms and Conditions are only in English language.

Legal Notice

Kalamitay is a company registred in France and under French law, whose registered office is at 498, chemin du grand chêne 83470 Saint Maximin la Sainte Baume whose registered number is 877975516, VAT number is FR06877975516 and the registered capital is 5.000 euros. The website of the company is kalamitay.com and the e-mail address is contact@kalamitay.com.

The editorial manager of Kalamitay.com is Kalamitay.

The website is hosted by OVH, which is registred address is 2 rue Kellermann 591000 Roubaix in France and the website is www.ovh.com

Limitation of Liability

The website and its content are provided “as is”, without any warranties of any kind, whether express or implied in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, to the fullest extent permitted by law.

We make no warranty that the information contained in the website are accurate, even though we carefully verify all of them before publication. We also make no warranties on the fact that the website won’t be interrupted, suspended, error-free, or that any other defect will be corrected or the server that makes the website available are free of virus or bugs.

To the fullest extent required by law, we disclaim any and all warranties of any kind, regarding the use of the material in the website, the full functionality, correctness, accuracy, adequacy,  timeliness or reliability.

Consequently, we cannot ensure the security or privacy of the website and any information you would provide or take from the website.

We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice to you. Also its access may be terminated at any time.

Your use of the website is at your own risk so we will not be responsible or liable for:

  • any incorrectness or incompleteness of the information on the website.
  • any loss of content or material through the website.
  • any risks of viruses or anything else which may damage your own computer system.
  •  any problem concerning the access of the website, if it is illegal or prohibited by laws which apply to you.

Link to and from our website

Links to other websites:

We decline all responsibility, make no warranties or representations about the information, products or practices, both in terms of their content and their relevance, of third parties resources linked to the website. You use it at your own risk.

Links  from other websites:

We authorise  links to our website, on condition that they open a new window and are presented in an unequivocal manner in order to avoid :

  • any risk of confusion between the website  which uses a link to our website and our website (kalamitay.com).
  • as well as any tendentious presentation or contrary to the applicable laws.

 

We  reserve the right to request the removal of a link if we consider that the source site does not comply with the previous rules.

Sites that choose to link to kalamitay.com are liable if they cause any damage to Kalamitay and / or kalamitay.com

Intellectual Property

All the elements accessible on the website, material and content remain the exclusive property of us, with regard to intellectual property rights or rights of use.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, regardless of the means or process used, is prohibited, except with the prior written authorisation by us.

Any unauthorised use of the site or of any of the elements it contains is considered to constitute an infringement and may be prosecuted.  

Social Media

By sending to us or replying to us or tagging us with @Kalamitay, @mykalamitay or  the hashtag #Kalamitay or  #mykalamitay on any social media or on Internet, you agree to the following:

You allow Kalamitay a non-exclusive, royalty free worldwide license to use any media or content in relation to which you have tagged or responded @Kalamitay, @mykalamitay, #Kalamitay or #mykalamitay, for our marketing, our advertising, including our website, newsletters, email, social media, store materials and other customer communications. There is the possibility that we use, reproduce, distribute, alter and edit your media or content without your expressed consent.

You hereby represent and warrant that:

  • you own all rights in and to the media or content.
  • you have permission from anyone appearing in your Media for the publication.
  • our use of the media or content will not violate the rights of any third party or any law. 
  • you discharge us from all and any obligation to pay you for any use of the media or content and any of the intellectual property rights contained in it, from all claims, demands, and liabilities whatsoever in connection with use of the media or content.

So these rules are applicable for any basic publication or as part of a competition, game or prize draw.

Concerning the competition which could take place on our social media:

  • There is no cash alternative to the prize and no possibility to claim another prize.
  • Judges’ final decision cannot be contested and no correspondence will be entered into.
  • The winners must confirm their acceptance of the prize within 7 days, past this period no more claim will be accepted.
  • At the time of participation participants must be older than 18 years and a proof will be requested.
  • Unfortunately, people living in countries we don’t ship cannot participate. Prize will be shipped only to authorised countries (see exception list).
  • We are not liable for any problem concerning your participation, relative to the network or data transmission.

Contract Information

Products supplied from kalamitay.com are supplied by Kalamitay, within the limit of available stocks. We reserve the right to withdraw or alter the product line at any time without any prior notice. Each product is presented on the website in the form of a description of its main technical characteristics as accurate as possible accompanied by photographs and variation may occur (e.g.: all colour can slightly differ and lightning may have an effect on the colours). We are not liable of any inadequacy of the graphic representation of the product.

We ship our product in all countries except: Burundi, Central African Republic, Congo (Kinshasa), Crimea region, Cuba, Guinea, Guinea-Bissau, Iran, Iraq, Libya, Mali, Myanmar, North Korea, Somalia, South Sudan, Sudan, Yemen, Zimbabwe. + Temporarily interrupted for Russia and Ukraine.

To place your order you have to tick the box which certifies that you have read and agree to the website terms and conditions, so the confirmation of an order implies acceptance of these terms and conditions.

The order is final only once it is fully paid and validated by us.

Kalamitay will systematically confirm the order and its dispatch by e-mail.

We reserve the right to refuse, cancel and withdraw orders once placed, for any reason. This means that if the transaction is judged unauthorised or even if products are shown on our website but are not available anymore or incorrectly published: price error, incorrect description or whatever, we are not obliged to sell you the products.

The products remain the property of Kalamitay until it is delivered to you. As soon as you take physical possession of the products ordered, the risk of loss or damage of the products are transferred to you.

 

Price

The prices of our products are indicated in Euros. We reserve the right to modify our prices at any time, but the product will be invoiced on the current price at the time of the payment of the order and will be subject to availability.

In case of a shipment outside of metropolitan France, the parcel may be subject to customs duties or other local taxes in your country. These charges are not our responsibility. We recommend you to inquire about it with your local authorities.

The prices are according the place you bought it. Store prices can only be met in the store where the products are offered. We unfortunately do not refund the price difference between the items online and in the shops.

During sale periods, a selection of items may have a discount.  With time, prices are subject to change, we reserve the right to withdraw or alter the offer at any time. We unfortunately do not refund the price difference if you have placed your order before the prices were reduced.

Concerning the promotional vouchers:

  • Promotional vouchers are only valid on our website and for a certain period of time.
  • Each promotional voucher has its own condition (the discount provided, the items concerned, etc).
  • We reserve the right to withdraw or alter any voucher offer at any time.
  • Promotional vouchers can be redeemed once only in connection with an order, and only within the specified period.
  • The value of promotional vouchers will not be paid out in cash, nor will it accrue interest.
  • Promotional vouchers will not be refunded if all or some of the merchandise is returned.
  • Promotional vouchers can only be redeemed before the ordering process is complete. It is not possible to apply vouchers retrospectively.
  • Unless we have agreed otherwise, it is not possible to combine multiple promotional vouchers or combined with any other offer, discount, promotion or on sale items.

Payement

The fact of validating your order implies for you the obligation to pay the price indicated.

All orders, whatever their origin, are payable in euros. You are responsible for any costs associated with money transactions.

You can pay your order by PayPal or Credit card.

PayPal: By using PayPal, you don’t have to worry, we won’t receive sensitive financial information like your credit card or bank account number. Nothing is stored on our server and Paypal gateway uses a strong authentication, SSL (Secure Socket Layer) encryption. For more details feel free to check paypal website.

Credit card: Payments via our website are subject to a security system. We do not store your bank details on our servers, we use the Stripe gateway to process your bank details, which incorporates strong authentication, SSL encryption, HSTS and AES-256 encryption. Stripe is PCI certified. PCI certification is an international security standard that guarantees data security. Stripe benefits from the latest developments to secure your electronic payments. For more details feel free to check their website.

Shipping

Your parcel will be shipped  to the delivery address you indicated during the ordering process. We are unable to redirect order so make sure that all details are entered correctly while you place your order.

Unfortunately, we do not ship to PO boxes, so please do not use this address if you have one.

We ship world wide except the following countries: Burundi, Central African Republic, Congo (Kinshasa), Crimea region, Cuba, Guinea, Guinea-Bissau, Iran, Iraq, Libya, Mali, Myanmar, North Korea, Somalia, South Sudan, Sudan, Yemen, Zimbabwe. + Temporarily interrupted for Russia and Ukraine.

Shipping is free of charge for orders up to 200 euros. Under 200 euros, shipping cost is 10 euros for Europe and 20 euros for the rest of the world.

We dispatch your order in 5 business  day following validation of your purchase.

Delivery lead time is between 2 and 10 days. This is only an estimate time, it may takes longer depending of your location and the carrier.

 

Once your order shipped, you will receive a shipping confirmation by email with your tracking reference. Delivery status will be available on the delivery carrier’s website .

Every parcel require a signature upon arrival. Ensure there is someone available to reception  your parcel, otherwise it will be returned to the delivery carrier’s warehouse and instruction will be provided regarding a new delivery.

Please, notice that if you give your agreement to the delivery carrier to be delivered in your mailbox, at your neighbour’s place or any other means of delivery, no claim can be made after words.

It is your responsibility to check your parcel upon arrival and claims any justified damage to the delivery carrier. If the parcel seems like it has been opened or if it has been damaged, we suggest you to open your parcel in the presence of the delivery carrier, in order to ensure that you can check the conditions of the goods delivered and that nothing is missing.

If your package is lost, please contact us at contact@kalamitay.com, with all your details (your name and order number) and we will assist you.

Your order may be subject to customs duties or other local taxes in your country. These charges are not our responsibility. We recommend you to inquire about it with your local authorities.

Return & Exchange


We accept return within 14 days of receipt your order.

Please, notice that not every item are eligible for a return.


As our stock is limited, we won’t be able to guarantee any exchange.

So, if you need another size or another shape, you can manage your exchange by returning your items and placing a new order.

 

Product must be unused, unworn, in an unaltered condition and with its original packaging. We cannot accept items that has been damaged or worn. For sanitary reason, ensure that bottoms and swimsuits are all tried on over your own underwear.

We do not accept return of purchase made at a retail store.

Unfortunately, sale items are not eligible for return.


We do not refund the value of a voucher.

To return an item for an exchange or to be refund, it is not free of charge, the shipping cost is covered by you.

Contact us, mentioning the items you wish to send us back and we will send you the label to stick on the parcel and a little paperwork to put inside the package with your items.

It is imperative that you follow our instructions for the return of your items.

Return price is 10 euros for Europe and 20 euros for the rest of the world.

Unfortunately, we never refund custom duty cost and other taxes.

 

We reserve the right to refuse a refund if:

  • the products have been worn or damaged.
  • they are not returned in their original packaging.
  • they are not returned within 14 days of receipt.
  • you do not return the right item.
  • they never arrive to our warehouse.
  • you refuse your package and it never arrives back to us.

Refunds are processed within 30 days of receipt:

  • to allow for inspection of the products.
  • onto the original method of payment.

Once your order has been refunded, you will receive an email of confirmation. Please, allow an additional 3 – 10 days for your bank provider to post the amount to your account.

In case a mistake was made and you receive the wrong item or a wrong size or if your item has any manufacturing defect, please contact us within 24 hours at contact@kalamitay.com to resolve the situation

Warranty

All products supplied are covered by the legal guarantee. In the event of non-conformity of a product sold, it may be returned to the company within fourteen days of delivery.

Law

These conditions are subject to French laws. In case of dispute or litigations, shall be submitted to the exclusive jurisdiction of the competent courts of France.

Survival

In the event that any of the clauses of Kalamitay’s Terms and Conditions are considered as unlawful or unenforceable by a court decision the other provisions will remain in effect.

Data Protection

For any information concerning the processing of your data and to know your rights you can consult our Privacy Policy.