Terms of Service

Terms of Service

OVERVIEW

This website is operated by Kelby. Throughout the site, the terms “we”, “us” and “our” refer to Kelby.

Kelby offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including but not limited to browsers, customers, merchants, and content contributors.

Please read these Terms of Service carefully before accessing or using our website. If you do not agree, you may not access the website or use any Services.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

  • By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence.

  • You may not use our products for any illegal or unauthorized purpose.

  • You must not transmit any worms, viruses, or destructive code.

  • A breach of these Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

  • We reserve the right to refuse service to anyone for any reason at any time.

  • You agree not to reproduce, copy, sell, resell, or exploit any portion of the Service without our written permission.

  • Headings in this agreement are included for convenience only.

SECTION 3 - ACCURACY & INFORMATION

We are not responsible if information on this site is not accurate, complete, or current. Product descriptions, pricing, promotions, and availability may change without notice.

SECTION 4 - MODIFICATIONS TO THE SERVICE & PRICES

  • Prices for our products are subject to change without notice.

  • We may modify or discontinue the Service at any time.

  • We are not liable to you or any third-party for such changes.

SECTION 5 - PRODUCTS OR SERVICES

  • Certain products may be available exclusively online.

  • Clothing and accessories may have limited quantities and are subject to our Returns & Refund Policy.

  • We have made every effort to display product colours as accurately as possible, but we cannot guarantee your screen’s accuracy.

  • We reserve the right to limit the sales of our products to specific regions or individuals.

SECTION 6 - BILLING & ACCOUNT INFORMATION

  • We reserve the right to refuse or cancel any order.

  • Restrictions may apply to multiple orders using the same account, credit card, or address.

  • You agree to provide accurate, current, and complete purchase information.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties. Use of such tools is at your own risk.

SECTION 8 - THIRD-PARTY LINKS

Links to third-party websites may appear. We are not responsible for their content, accuracy, or policies.

SECTION 9 - USER COMMENTS & FEEDBACK

If you send us comments, suggestions, or content, you agree we may use them without restriction. You are solely responsible for your submissions.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal data through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES & OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions in product information, pricing, or availability—even after an order has been placed.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content:

  • For unlawful purposes

  • To infringe on intellectual property rights

  • To harass, abuse, or discriminate

  • To upload malicious code

  • To spam, phish, crawl, or scrape

  • To interfere with the site’s security

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

  • Our products and services are provided “as is” and “as available”.

  • We do not guarantee uninterrupted, error-free service.

  • In no case shall Kelby, our directors, employees, or suppliers be liable for indirect, incidental, or consequential damages.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless Kelby, its affiliates, staff, and partners from claims arising from your breach of these Terms or violation of any law.

SECTION 15 - SEVERABILITY

If any provision of these Terms is deemed unlawful or unenforceable, the remaining terms shall remain valid.

SECTION 16 - TERMINATION

  • These Terms are effective unless terminated by either party.

  • You may terminate by ceasing use of our site.

  • We may terminate immediately if you fail to comply with any term.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service and any policies posted by us constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements.