TERMS AND CONDITIONS OF SALE
General terms and conditions for the sale of Kendy’s Empire products VIA THE KENDY’S EMPIRE ONLINE STORE
These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than KENDY’S EMPIRE, even in cases in which they are presented on the Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than KENDY’S EMPIRE, the Customer should check the conditions of sale which apply to such transaction. In no case can KENDY’S EMPIRE be held liable for the provision of services by third parties.
For the purposes of these General Terms and Conditions of Sale, the vendor is KENDY’S EMPIRE, located at 4 Salt Lake St, Maitama 900271, Abuja.
1. Product orders
Orders may only be placed if you are domiciled in the United States and directly by persons of legal age who are not under legal disability. By placing an order, you represent and warrant that you meet both of these requirements.
Orders may be placed in English via this Store, or from KENDY’S EMPIRE Customer Service, on Monday to Friday from 10:00 A.M. EST to 7:00 P.M. EST, excluding public holidays.
The Customer must provide KENDY’S EMPIRE a valid e-mail address to which required information, information under these General Terms and Conditions of Sale and any information concerning the order will be sent. Each online order made by the Customer covered by these General Terms and Conditions of Sale may be for one or more products, up to a maximum of seven products per order, of which a maximum of two units per same article.
KENDY’S EMPIRE reserves the right to modify the limits for the quantity and/or types of products that may be purchased online, at any time. Further, KENDY’S EMPIRE reserves the right to not accept orders which are incomplete, incorrect or if products are unavailable. If KENDY’S EMPIRE exercises such right, KENDY’S EMPIRE will inform the Customer that KENDY’S EMPIRE has exercised such rights, providing the reasons for doing so. The Customer is responsible for selecting the articles of interest to him/her. The Customer’s shopping cart and the order summary sent to the Customer following completion of the purchase include a description of the products ordered, including measurements and sizes (where applicable), and a digital photograph allowing a sample representation of the products available on the Website.
Although KENDY’S EMPIRE takes reasonable measures to help ensure the photographs on the Store faithfully represent the original products, including technological means to reduce inaccuracies as much as possible, certain variations are possible due to the Customer’s computer’s technical characteristics and colour resolution, among other things. Consequently, KENDY’S EMPIRE cannot be held responsible for any inaccuracies in the graphic representation of the KENDY’S EMPIRE products displayed on the Store.
The Customer must click on the shopping cart icon to view the selected articles and total price of the articles ordered. The Customer is asked to verify the content of the shopping cart before completing the purchase form in accordance with the instructions provided on the Store, and to confirm that he/she has read and accepted these General Terms and Conditions of Sale.
2. Product prices
Product prices include standard shipping costs, unless otherwise stipulated on the Store or on the order page. Product prices do not include all taxes and duties. The price of each product is displayed for the Customer prior to completion of the order. All prices are in United States dollars.
3. Completing the order
The purchase procedure is complete once the Customer confirms the order. Upon confirmation, the order is sent directly to KENDY’S EMPIRE. The Customer may correct the order before confirmation or can cancel the order before its completion by leaving the Website without having confirmed the order.
It expressly understood that the Customer’s order is binding once the confirmation of successful completion of the order is sent by KENDY’S EMPIRE by e-mail, at the address indicated by the Customer during the order process. Such confirmation includes the number and date of purchase, the product ordered, its price, the amount paid and any right to return product.
The Customer may access the order in the “Orders” section, which also includes a history of past orders.
The Customer may cancel the order by telephone to KENDY’S EMPIRE Customer Service only before ordered products have been shipped.
4. Conditions of payment
The Customer must make payment via one of the methods of payment indicated on the order form.
For payment via credit card, the amount will be debited from the Customer’s credit card at the time the order is shipped.
For payment, the Customer must confirm on the Website that he/she is the card holder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiry date and security key indicated on the card. Upon completing the order, the Customer’s bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen. KENDY’S EMPIRE does not debit any amount from the credit card until the articles ordered have been shipped.
Without prejudice to the previously mentioned article 4, the payment of products purchased on the website KENDY’S EMPIRE.com can be paid via PayPal. Should the Customer choose PayPal as their payment method, they will be redirected to the website www.paypal.com where the payment for the products will be carried out following the procedure envisaged and regulated by PayPal and the contract terms and conditions as agreed between the user and PayPal. The data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with KENDY’S EMPIRE. KENDY’S EMPIRE therefore has no knowledge of and cannot record in any way the details of the credit card connected to the Customer’s PayPal account or any other payment instrument connected to said account.
In the event of payment via PayPal, the total amount due will be debited by PayPal from the Customer at the conclusion of the online contract. In the event of the termination of the purchase agreement and for any other type of refund, for any reason, the refund will be credited to the Customer’s PayPal account. The time required to credit the payment instrument connected to said account depends exclusively on PayPal and the banking system. Once the credit order in favour of said account has been arranged, KENDY’S EMPIRE cannot be held responsible for any delays or omissions in crediting the Customer with the refund. To contest these cases the Customer must contact PayPal directly.
The Customer expressly acknowledges and agrees that, when entering their data into the PayPal website to make their first purchase, a specific procedure entitled “Reference Transaction” will be automatically activated, which – through an automatic Customer recognition system – will allow them to complete any future orders with PayPal without having to sign in using their credentials again. The Customer can disable the “Reference Transaction” at any time by going to the specific section 3.11 (Cancelling Recurring Payments) of the PayPal website (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full).
Following order completion, the Customer can monitor delivery status of the order in the Orders part of the Kendy’s Empire & Me section of the Website. The Customer can also contact KENDY’S EMPIRE Customer Service by telephone or e-mail to request information on delivery.
Without prejudice to the exception below, articles will be delivered only to the address indicated by the Customer in the following countries: Continental US, Alaska, Hawaii and Puerto Rico. No deliveries will be made to post office boxes, Army Bases, courier collection points and/or Poste Restante addresses.
KENDY’S EMPIRE generally fills orders within a maximum of 30 days of the day the order has been confirmed, except where the order has been cancelled pursuant to article 4 above or as otherwise set forth herein.
The Customer has the following delivery options:
(i) Standard shipping with courier delivery will be generally made within 4-6 business days from when the Customer receives confirmation that the order has shipped;
(ii) Express shipping Service: with delivery generally within 2-3 business days from when the Customer receives confirmation that the order has shipped.
The delivery terms are merely estimates only. KENDY’S EMPIRE kindly invites its Customers to always check when the item will arrive, because the products are shipped with required signature. Further, these estimated delivery times do not apply with respect to Pre-ordered and Personalized Products. Please see below for more details.
Standard shipping is not available for Hawaii, Alaska or Puerto Rico. The additional costs of Express Service in option (ii) will be charged to the Customer.
All shipping costs, including additional costs charged to the Customer are itemized in the order form at the time of purchase on the Website.
Before the products have been actually shipped, the Customer may contact Customer Service should he/she wish to change the delivery date and KENDY’S EMPIRE will reasonably try to accommodate such request. In any case, the e-mail sent by KENDY’S EMPIRE to the Customer contains a tracking code and an exclusive link to track the shipment in real time. KENDY’S EMPIRE’s Customer Service can provide assistance for any delivery problems.
The Customer is responsible for the loss or damage to the products ordered, for which KENDY’S EMPIRE is not responsible, beginning at the time at which the Customer or a third party designated by the Customer and different from the carrier takes delivery of the products.
Therefore, if, at the time of delivery, the exterior of the package is damaged, the Customer or other recipient, in the case of a gift, must open the package in the presence of the carrier to check the condition of the product inside.
If the product is damaged, the Customer (or recipient) must detail all observed damage on the delivery note. Any claims must be made as described in article  below.
Should the Customer make a claim for loss, non-compliance or damage to the product, KENDY’S EMPIRE will replace the product free of charge when available, or refund the Customer, upon express Customer request, according to the terms and conditions described below.
6. Conformity of the order
The Customer must check the products at the time of delivery, in order to ascertain that they match the articles ordered and have no manufacturer’s or conformity defects.
Should the delivered product not conform to the order, the Customer has the right to have the products brought into conformity at no charge, through repair or replacement, unless the requested remedy is objectively impossible or excessively costly with respect to the other.
If product repairs or replacement are not performed within a reasonable amount of time from the Customer’s request, or are impossible or excessively costly, the Customer may request an appropriate price reduction or a refund of the purchase price. It is understood that the Customer loses said right if he/she does not report the conformity defect to KENDY’S EMPIRE within two (2) months of the date at which the latent defect was discovered.
If the order is returned and the credit card has already been debited, the Customer will be promptly. In the same way, if payment is made via PayPal, and the amount is debited at the time of order, the Customer will be promptly refunded via PayPal.
KENDY’S EMPIRE must be notified of any Customer request for one of the remedies listed above using the return form, which can be downloaded from the KENDY’S EMPIRE.com website or via a report sent by registered mail with notice of receipt to the following address: C/O Kendy’s Empire.com, 555 Madison Avenue, New York, NY 10022 In any case, the report must be first sent via e-mail to customercare@Kendy’s Empire.us.
The guarantee procedure above for conformity defects can be applied only for defective products purchased on the Website.
7. Returns and Refunds
The Customer’s right of return must be exercised as described below.
The right of return must be exercised by the Customer within 14 (fourteen) days of the date of delivery to the Customer or a third party on its behalf. To exercise the right of return, the Customer must contact Customer Service or follow the online procedure and obtain a return code. Once the Customer has obtained a return code, he/she must contact UPS for pick up and attach the printed return label on the package.
For the return to be accepted by KENDY’S EMPIRE, the products must be returned within 14 days of the date on which the Customer informed KENDY’S EMPIRE of his/her wish to return the purchase with the return form via the online procedure or by telephone to Customer Service, in order to obtain a return code, and respecting the following conditions:
1. The products must be returned in their original packaging (box, accessories, inserts, protection, leaflets, etc.).
2. The products must be accompanied by the purchase receipt.
3. Products returned by the Customer must not have been damaged, used, worn or washed, but may be handled and inspected to determine their nature and characteristics. The soles of shoes must be perfectly intact. KENDY’S EMPIRE strongly recommends that Customers try on KENDY’S EMPIRE shoes on a particularly soft and smooth surface.
4. Labels and security tags must still be attached to the products.
5. Damaged goods being returned must be in the condition in which they were received by the Customer; the Customer must not attempt to modify, handle or repair them.
KENDY’S EMPIRE reserves the sole right to refuse returns of products that have been damaged, are incomplete, deteriorated and/or soiled or in any state clearly indicating that the products have been used, or products returned after the deadline indicated above, or lacking a return form.
KENDY’S EMPIRE also reserves the right to demand compensation for any damage caused by the Customer’s negligent conduct or misconduct when returning products. KENDY’S EMPIRE cannot be held liable for lost or stolen products beyond its control, or for returns to the wrong address, or for delivery delays of returned products beyond its control, it being understood that the Customer assumes all risks of returns. The Customer is also responsible for providing proof of return.
In the event of return, the Customer will be refunded all payments made to KENDY’S EMPIRE for the returned product(s), according to the method of payment chosen for the purchase, including delivery costs (and excluding additional costs for Express shipping Service, described in article 5 above).
KENDY’S EMPIRE will refund these amounts upon receipt of the returned product or when the Customer proves that he/she has correctly sent the product to KENDY’S EMPIRE. Refunds are credited to the Customer’s current account linked to the credit card used by the Customer for payment, or via PayPal. Refunds are at no charge to the Customer.
8. Product authenticity and intellectual property rights
The KENDY’S EMPIRE trademark, all the figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on KENDY’S EMPIRE products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of KENDY’S EMPIRE, its affiliates or its licensors. Reproduction in whole or in part, modification or use of said trademarks, illustrations, images and logos for any reason and on any medium is strictly forbidden without the prior express approval of KENDY’S EMPIRE.
Any combination of said trademarks with other marks, symbols, logos or any distinctive sign suitable for creating a composite logo is also forbidden.
Reproduction in whole or in part, modification or use of drawings, models or patents which are the exclusive property of KENDY’S EMPIRE, its affiliates or its licensors. is also strictly forbidden.
9. Force majeure
Performance of services and sales of products by KENDY’S EMPIRE may be suspended in the event of a force majeure event preventing or delaying its performance including but not limited to, acts of god, fires, storms, floods, accidents, explosions, epidemics, earthquakes, quarantine restrictions, civil or military authority, acts of public enemy, war, terrorism, acts of the government loss or interruption of electrical power or other public utility, freight embargoes, delays in transportation or other circumstances beyond the control of KENDY’S EMPIRE.
KENDY’S EMPIRE will inform the Customer of said unforeseeable events within seven days of its occurrence Should the suspension of the services last more than 15 days, the Customer may cancel the order and receive a refund of amounts already paid, as in article  hereof.
10. Competent jurisdiction and applicable law
These General Terms and Conditions of Sale are governed by and shall be interpreted pursuant to the laws of the State of New York without regard to any choice of law rules. You agree to bring any and all claims in connection with any disputes arising out of or related to the use of the Website or these General Terms and Conditions of Sale exclusively in the Federal or State Courts located in New York County, New York and you further consent to the jurisdiction of such courts for any claims we bring against you in connection with any disputes arising out of or related to the use of the Website or these General Terms and Conditions of Sale. The Vienna Convention on the International Sale of Goods of 1980 does not apply.
SPECIAL TERMS AND CONDITIONS OF SALE FOR PERSONALIZED AND/OR SPECIALLY PRODUCED PRODUCTS
For certain articles, KENDY’S EMPIRE also offers the following services:
(i) Product personalization through embroidery/printing of initials (hereafter “Personalised Products); and
(ii) Possibility of ordering products that are not yet available in stores at the time of order (“Pre-ordered Products”).
For Personalized Products and Pre-ordered Products, the following apply:
(a) The special terms and conditions of sale indicated below, and
(b) The general terms and conditions of sale indicated above in so far as they are not expressly or implicitly affected by the following special conditions.
The terms used beginning with a capital letter in these special conditions have the same meaning as in the General Terms and Conditions of Sale above.
Article 1: Orders and Payment
For Personalised Products and Pre-ordered Products, the following apply:
a) The Customer acknowledges and accepts that during the use of the personalization service, his/her choice for the creation of the personalized product is saved only for the duration of the current session. Should the current session be interrupted before the order has been placed, a new session must be begun and sent in order to express one’s choices regarding the creation of the personalized product.
b) Once the order has been sent by the Customer and confirmed by KENDY’S EMPIRE, the Customer is informed via e-mail of order acceptance and subsequently of shipping of the personalized products.
The provisions of article 4 of the General Terms and Conditions of Sale apply to the debit of the price of the Personalized Products and/or Pre-ordered Products; [i.e. the credit card is debited when the product is shipped.
Article 2: Delivery of Pre-ordered and Personalised Products
Contrary to that stipulated in article  of the General Terms and Conditions of Sale, Personalized Products and/or Pre-ordered Products may be delivered in a time slot indicated on the Website; there is no strict rule for this time slot, rather it varies according to the item. Delivery terms are merely estimates only. KENDY’S EMPIRE informs the Customer of shipping by e-mail as soon as the products are available. If the Customer purchases several Pre-ordered Products or Personalized Products with different delivery dates in the same order, they may all be shipped together at the latest delivery date, or at KENDY’S EMPIRE’s discretion, based on availability.
Article 3: Returns and Exchanges of Personalised Products
Because of the clearly personalized nature of Personalized Products, and the fact that they are produced specifically for the Customer based on a specific order, they cannot be returned, refunded or exchanged. Similarly, the Customer does not have the right to cancel the order, once placed. Pre-ordered Products may be returned in compliance with article  of the General Terms and Conditions of Sale.
Consequently, article  of the General Terms and Conditions of Sale above are not applicable to sales of Personalized Products.
This is without prejudice to the KENDY’S EMPIRE’s obligations under article  of the General Terms and Conditions of Sale to the Customer’s benefit with respect to defective products.