Terms & Conditions
- Acceptance of Terms and Conditions
These Terms and Conditions govern your use of the Kalon website (the "Site") and all Kalon services (the "Service"). By joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions and that they become a binding agreement ("Agreement") between you and Kalon, you agree to receive all communications from Kalon under this Agreement electronically via email, you agree to keep your current email address updated under Profile on the Site at all times and you agree that you will be deemed to have received any notice we send to that email address. By visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time.
- Modifications to Terms and Conditions
Kalon ("we," "us," and "our") reserves the right, to change or terminate this Agreement. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your account (a) by notifying Kalon of your unwillingness to accept the changes to the Terms and Conditions by emailing email@example.com; and (b) by immediately returning all outstanding items and discontinuing your use of the Service and the Site.
- The Kalon Service
The Service allows registered members to access the Site and purchase products from Kalon in accordance with these Terms and Conditions. Members also agree to comply with any terms, conditions, or policies that Kalon may provide to users from time to time on the site. The current shipping policies governing the delivery and return of products are detailed on the Site. The risk of loss for items shipped passes to you upon our delivery to the carrier.
- Gift Cards
We offer Gift Cards that can vary in amount and be applied toward any Kalon service or item. In purchasing a Gift Card, you authorize us to charge your credit card. Gift cards never expire and can be used in combination with credit card or other payment methods to complete a purchase.
When you join as a member you will be required to provide Kalon with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize Kalon or its agent to bill your credit card for the applicable per-item or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your credit card as you incur them.
If Kalon does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize Kalon to charge outstanding fees and other amounts due us against any credit card you have on file with us. Kalon reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Kalon reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
We also offer special promotional financing through Affirm, which allows buyers to pay the full price of their purchase (on multiple items if desired) in 3 months with 0% interest. Affirm is not a credit card. Using Affirm will not alter your credit score. Additional financing options are 6-month and 12-month payment plans with 10-30% APR. For more details on how it works, please see this website: https://www.affirm.com.
We may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. Kalon or the member can terminate at any time at their discretion. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.
We reserve the right to determine whether your credit card(s) is/are pre-authorized to accept a minimum charge equal to each dress and/or accessory purchase. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid credit card before continuing to use the Service.
Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees will be charged. In the event an order is canceled, the funds authorized are released by Kalon SF and are then subject to the rules of your financial institution, in determining the time that you will have the funds back.
- Refunds/Returns/Cancellations of Purchase
You can cancel a purchase within 30 minutes of payment. We will refund your purchase in the form of store credit. However, after the 30 minute grace period expires, all buyers will follow the return policy.
Kalon has a 7-day return policy. Items must be returned in the original condition found, with original tag in the original position as it was shipped to you. Buyer pays for return shipping, which must include tracking. After you request a return online, you will send us the self-purchased shipping label (must include tracking number), and we will mark your return request as “in-progress.” Upon receipt of your item(s), we will review them within 48 hours, and contact you immediately to inform you about whether the return(s) have been accepted. In the case they are not accepted, the items will be returned to you and your credit card on file will be charged for the lowest shipping price that includes tracking and the cost of the item (including sales tax and other applicable charges). Alternatively, you can get store credit for your items. Store credit does not expire.
In the case that the buyer is unable to return the items to the shipping center within 7-days after delivery, a restocking fee of $20 dollars per day for every day that your item is late. If you have not returned the item after 14 days of delivery to the provided address, you will be prohibited from returning the item and your credit card will be charged at 150% of the purchase price of the item.
You can return items in the original condition in which it was sold, with original price tags attached, within 7-days upon delivery of your items to your provided address. For any additional inquiries, please contact firstname.lastname@example.org.
- Actual Damages, Liquidated Damages, Attorneys' Fees and Costs
Actual Damages- In the case of a failure to pay any debts or to return any item(s) when due to Kalon (hereinafter, a "default"), you will be liable to Kalon for its ACTUAL DAMAGES, including but not limited to the then-current payment for each item until said item is received by Kalon in an undamaged condition. If said item has not been returned in an undamaged condition within the allotted time frame (see Returns/Refunds/Cancellations of Purchase above), then Kalon at its option may alternatively charge you the retail value of the item as maintained by Kalon for that item, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If a suit is filed, Kalon may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then Kalon will charge you the retail value as maintained by Kalon for said item.
Reservation of Rights- Kalon expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.
The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Kalon, or its shareholders, directors, officers, or employees. Kalon may review and delete any content, in whole or in part, that in the sole judgment of Kalon violate these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Kalon, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site.
We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Kalon will not infringe on or violate the rights of any third party.
Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
- Use Restrictions
You will not use the Site or Service to:
(a) Upload, post, email, or otherwise transmit any Submission that contains personally identifying information (such as actual names, phone numbers, mailing addresses, email addresses and URL), unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(d) Upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) Upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
(g) Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
(j) "Stalk" or otherwise harass another;
(k) Write comments that in any way refer to persons under 18 years of age;
(l) Collect or store personal data about other users.
- Access Limits
Unless otherwise specified, the content on the Site is for your personal and non-commercial use; Kalon grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of Kalon. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not:
(a) Use any automated means to access the Site or collect any information from the Site (including without limitation robots, spiders or scripts).
(b) Frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information.
You agree to indemnify and hold Kalon, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
- Intellectual Property
Kalon SF and Kalon International are all trademarks of Kalon. All graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Kalon International. Any trademarks not owned by Kalon that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kalon. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Kalon, its licensors, or its product suppliers, and is protected by the United States of America and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
- Links and Advertising
We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. KALON IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
- Service Tests
Kalon tests aspects of its Service from time to time. Kalon reserves the right to include you in such tests without notice.
- Governing Law, Jurisdiction, Venue and Arbitration
These Terms and Conditions are governed in all respects by the laws in the United States of America. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE JURISDICTION AND VENUE OF THE COURTS OF THE UNITED STATES OF AMERICA, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY KALON TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT KALON FROM THEFT OR FRAUD. AT KALON’S SOLE OPTION, KALON MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT KALON FROM THEFT OR FRAUD, IN THE COURTS IN THE JURISDICTION WHERE YOU RESIDE, OR IN THE JURISDICTION WHERE THE PROPERTY IS LOCATED.
Any other controversy or claim arising out of or relating to these Terms and Conditions, the Service, the Products, or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by the United States of America law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
- Claims of Copyright Infringement
It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement.
All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.
Kalon's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receive electronic communications from Kalon. These communications will include notices about your Account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Kalon is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms and Conditions comprise the entire agreement between you and Kalon and supersede all prior agreements between the parties regarding the subject matter contained herein.