Our website address is: http://www.kelynesther.com/
The use of this website is subject to the following terms and conditions, the Privacy Notice, the Delivery Terms, the Returns Policy, and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on this website from time to time (hereinafter collectively referred to as the “Terms and Conditions”). Please read the Terms and Conditions carefully before using this website. The Terms and Conditions apply to all visits and use of this website, as well as to the Content (as defined below), information, recommendations, products and/or services provided to you on or through this website.
By accessing and using this website (or any part thereof), you agree to be bound by the Terms and Conditions in their entirety in addition to any other applicable law or regulation that applies to this website and the Internet. If you do not agree to the Terms and Conditions in their entirety, please leave this website.
For the purposes of this Terms and Conditions, “Kelyn Esther Private Limited” refers to the marketplace powered by Kelyn Esther.” and “Kelyn Esther ” refers to “Kelyn Esther Private Limited.
Operator of this Website
The site is operated by Kelyn Esther Private Limited.
Kelyn Esther Shop is both the brand name of this website and the channel through which local and/or foreign private labels, brands, and/or third party manufacturers and service providers sell their products and services on this website. Kelyn Esther is the fulfilment party for the products ordered and sold on Kelyn Esther Private Limited, and the owner of this site.
Content on this Website
All of the content featured or displayed on this website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software, (hereinafter referred to as the “Content”) is owned by of Kelyn Esther Private Limited, its licensors and/or its content providers. This website including, but not limited to, the general design and the Content, is protected by copyright, moral rights, trademarks and other intellectual property rights. Except as explicitly permitted by applicable copyright laws or under this Terms and Conditions or another agreement between you and Kelyn Esther Private Limited, no portion or element of this website or its Content may be copied or reproduced in any form or retransmitted via any means. This website, its Content and all related rights shall remain the exclusive property of Kelyn Esther Private Limited, its licensors and/or its content providers unless otherwise expressly agreed. All such rights are reserved.
Copyright and Trademarks
The copyright in all Content is and remains owned by Kelyn Esther Private Limited and/or its licensors. Except as may be otherwise indicated on this website or authorised under applicable copyright laws, you are authorised to view, play, print and download Content found on this website for personal, informational, and non-commercial purposes only. Otherwise, except as permitted by applicable copyright laws, you may not modify any Content, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, and you may not reuse any Content without first obtaining the consent of Kelyn Esther Private Limited. For purposes of this Terms and Conditions, the use of any Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trade mark or other proprietary notices from Content found on this website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from this website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (hereinafter collectively referred to as the “Software”) are licensed to you by Kelyn Esther Private Limited. Kelyn Esther Private Limited does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Kelyn Esther Private Limited and/or its licensors retains full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products, product packaging, and marketing collaterals of the merchandises or the brand owners on this website, whether registered or not (the “Trade Marks”) remain the exclusive property of Kelyn Esther Private Limited, the merchandises or the brand owners, and/or their licensors and are protected by applicable trademark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the TradeMarks in any way, including in advertising or publicity pertaining to distribution of materials on this website, without Kelyn Esther Private Limited’s prior written consent. The use of any of the TradeMarks on any other website or network computer environment, for example the storage or reproduction of (a part of) this website in any external internet site or the creation of links, hypertext, links or deep links between this website and any other internet site, is prohibited without the express written consent Kelyn Esther Private Limited.
Disclaimer of warranties
This website and the Content are provided free of charge and on an ‘as is’ and, except to the extent required by law, without any warranties of any kind. The information on this website is for general information purposes only and does not constitute advice.
Except to the extent required by law Kelyn Esther Private Limited does not represent or warrant that the information and/or facilities contained in this website are accurate, complete or current, or that this website or the server that makes this website available are free of viruses or any other harmful components. Further, Kelyn Esther Private Limited will not provide for specific IT infrastructure or connectivity. Thus Kelyn Esther Private Limited cannot represent or warrant that this website will be uninterrupted or error free. Except to the extent required by law, Kelyn Esther Private Limited does not make any warranties or representations regarding the use of the Content on this website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of liability
Your use of this website is at your own risk. Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded Kelyn Esther Comm limits its liability, where it is entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law, neither Kelyn Esther Private Limited, nor any of its employees, officers, directors nor any of their agents, contractors nor any other party involved in creating, producing or delivering this website or any Content shall be liable (and you hereby discharge the aforesaid entities from any and all liability) for any direct, indirect, special, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability to use, this website or Content or any other material or product provided to you via this website, including damage caused by viruses or any incorrectness or incompleteness of the information on this website, or relating to the performance of the products obtained via this website or otherwise arising out of or in connection with this website or the Terms and Conditions, even if Kelyn Esther Private Limited has been advised of the possibility of any such loss or damage.
Order acceptance & pricing
Please note that there are situations when your order cannot be processed for various reasons. This website reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we can accept and complete the order processing.
We aim to provide the most accurate pricing information on this website to our users; however, errors may still occur, such as situations including but not limited to where the price of an item is not accurately displayed on selected site pages,. As such, we reserve the right to refuse or cancel any order for any reason at any given time. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and whether or not your credit card or bank account has been debited.
We endeavour to deliver your item to you at the place of delivery requested by you in your order.
We endeavour to deliver within the delivery date indicated by us stated in your order (and updated in the Confirmation of Order) but we cannot guarantee that exact date when you submit your order or at the Confirmation of Order, unless explicitly expressed in writing by Kelyn Esther Private Limited.
We shall endeavour to deliver to you within 15 days from the date of any order which we accept but we cannot guarantee any firm delivery dates.
We shall endeavour to inform you if we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising from any late delivery.
We reserve at any time to sub-contract or outsource any of our obligations including but not limited to delivery or sale or payment solutions to any third party without providing any notice or reasons to you. In such situations, the above terms and conditions also apply.
We shall not be liable to you for any breach, hindrance or delay in the performance of your order attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure“), regardless of whether the circumstances in question could have been foreseen.
Import fees, taxes, customs duties
Do note that the items ordered by you may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees“). You as the recipient of the item is the importer of record in the destination country and may be subject to be levied with any Import Fees and payment of such Import Fees shall be for your account
Links to third parties
Misuse of this Website
You are prohibited from using this website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Kelyn Esther Private Limited may deny you access to this website at any time in its sole discretion, whether in situations where Kelyn Esther Private Limited believes that your use of this website is in breach of any of this Terms and Conditions and/or applicable laws and regulations and/or otherwise.
You are also prohibited from using this website to advertise or perform any commercial solicitation.
User Generated Content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of this website post to this website or transmit using this website (hereinafter referred to as “User Generated Content”) will be deemed non-confidential and non-proprietary. Kelyn Esther Private Limited shall have the non-exclusive, royalty-free, right and licence to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world.
You warrant that your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Kelyn Esther Private Limited a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sub-license, distribute, assign and commercialize without any payment due to you.
You acknowledge and agree that Kelyn Esther Private Limited only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content, accuracy of or for any offensive, unlawful or objectionable content you may encounter on the User Generated Content. Kelyn Esther Private Limited shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Kelyn Esther Private Limited be under an obligation to do so. Without limiting the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Kelyn Esther Private Limited. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the licence as stipulated in this paragraph. You agree to indemnify Kelyn Esther Private Limited and keep Kelyn Esther Private Limited indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Kelyn Esther Private Limited related to any User Generated Content posted or transmitted by you or your other use of this website.
Kelyn Esther Private Limited reserves the right at its sole discretion to block ,remove (in whole or part) or restrict any User Generated Content posted or transmitted by you and which Kelyn Esther Private Limited believes is not in accordance with the Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Kelyn Esther Private Limited without notice, and without liability to you or anyone else.
You agree to promptly notify Kelyn Esther Private Limited in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches the Terms and Conditions. You agree to provide to Kelyn Esther Private Limited sufficient information to enable Kelyn Esther Private Limited to investigate whether such User Generated Content (or other Content) breaches the Terms and Conditions. Kelyn Esther Private Limited agrees to make good faith efforts to investigate such complaint and shall take such action as Kelyn Esther Private Limited in its sole discretion decides. However, Kelyn Esther Private Limited does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
Kelyn Esther Private Limited maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Kelyn Esther Private Limited business (including without limitation footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the Materials) from persons external to Kelyn Esther Private Limited. You should therefore not post any Materials on this website or send these to Kelyn Esther Private Limited by e-mail or otherwise.
How you can contact us
If you have any questions or comments about this website or this Terms and Conditions or in the event that you wish to make a complaint regarding this website (or its Content), then please contact us. The contact details are: