Terms &  Conditions

1. Introduction

These terms and conditions (the "Terms") set out your rights and obligations, and those of Joyti Kaur Kalsi ("we" or "us"), in relation to this website, www.joytikaurkalsi.com and any products, services and material of any kind available through the Site, the App or us (the "Services").

When we refer to "Joyti Kaur Kalsi" in these Terms, we mean us, the Site and/or the Services, according to the context.

By registering with Joyti Kaur Kalsi, you accept that you are entering into a contract with us under these Terms. People who register with Joyti Kaur Kalsi establish an "Account" and become "Users".

You must be at least 16 years of age to use this website.

If you do not agree to these Terms, you must not use this Website.

You should be aware that these Terms may change from time to time in accordance with section12 below.

You will be able to access most areas of Joyti Kaur Kalsi without registering your details with us. Other areas, and the opportunity to place orders with us, may only be open to you if you register. I agree to the Terms & Conditions and Privacy Notice, and I am 16 years or older.

2. Trading details

Whenever you buy a product through this Website, you will be contracting with Joyti Kaur Kalsi.

Contact us for details of our contact information via our contact us form found on our site.

3. Ordering from us

3.1. Product description

We use our reasonable endeavours to make sure that every product on Joyti Kaur Kalsi is shown accurately and that prices are correct. However, occasionally there may be small variations in colour, typefaces and layout.

3.2. Placing your order

A contract for the purchase of a product is created as follows:

  • The User places the order on the Site by pressing an order confirmation button ("Checkout") at the end of the checkout process: if the product in question includes content selected by the User it is a "personalised product"; if it is a standard product which does not include any content selected by the User it is a "non-personalised product"

  • By confirming your order, you are agreeing to purchase the product you have selected

  • At this point, we take payment as selected for your order

  • We will send to you a "Thank you for your order" email detailing your order, and other information we must provide to you

From time to time, we may reject an order for the following reasons:

  1. If, unfortunately, we do not have your chosen product in stock

  2. Where we cannot obtain authorisation for your payment

  3. If there has been a relevant pricing or product description error

  4. If your order otherwise breaches any of the requirements of these Terms

  5. The use of images for a personalised product which are corrupted, unsupported technically or inadequately pixelated

  6. If a personalised product you wish to order contains anything which contravenes, or appears to contravene, our Content Rules (see section 3.4 below for our Content Rules)

  7. We suspect that the order has been placed fraudulently

  8. It appears that the order mistakenly duplicates another order

If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.

There are limited circumstances in which you may cancel an order after it has been made – see section 6 on this.

Note that we may bar or prevent an individual Account, User, email address or other identifier from making purchases or otherwise interacting with us where we reasonably suspect an association with fraud or other infringements of the law.

You must be at least 16 years of age to use this website.

If you do not agree to these Terms, you must not use this website.

3.3. Personalising products

Joyti Kaur Kalsi aims to provide you with a fast, high-quality service. Please double-check your order on screen and your acknowledgement email carefully to check that all the details are correct. It is up to you to ensure that content you have contributed for inclusion in a personalised product is correct, and (for example) is correctly spelt. As a courtesy, we may allow you to make changes to your order before the order has progressed to the creation stage. You will receive an email with confirmation of order and secondly one to notify you that your order has been progressed after which point changes to a personalised order may not be permitted.

If you are forwarding us a photo, images must be in JPEG format. Any other format such as Word documents and PDFs cannot be accepted. For best results, we advise that you make the image dimensions approximately 1,000 pixels for the smallest edge of your images, so if you are scanning the image we recommend you use this setting.

By uploading, posting, contributing or including any content or material in a personalised product, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing obligations and exercising rights under these Terms. Note that we may modify content or material in order to conform it to Joyti Kaur Kalsi or the requirements of the product you have ordered (such as by cropping images).

3.4. Content Rules

We do not permit personalised products to include any content or material which:

  • infringes anyone's copyright: in particular, you must ensure that you either own the copyright in an image or any other content that you wish to include in a personalised product or that you are fully licensed by the copyright owner to include that image or other content in the personalised product

  • infringes any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality

  • contravenes any applicable law (including, without limitation, any criminal law) or regulation

  • is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person

  • misrepresents identity or impersonates any person

  • includes any material containing personally identifying information about another person, such as their address, phone number, or email address, except with the written approval of that person

  • contains material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group

  • may harass, upset, embarrass or alarm any person

  • gives the impression that it emanates from or has been approved by us

  • advocates, promotes or assists any unlawful act

The above are our Content Rules.

3.5. Ordering multiple products

When ordering multiple products as part of the same order, Joyti Kaur Kalsi will inform you as to whether they will (or can) be despatched on the same day or as part of the same delivery

3.6. Payment

At Joyti Kaur Kalsi, you can pay for your products using paypal, credit card, debit card or any other payment method which we make available to you at the time of your order.

3.7. 5:30pm Despatch Cut Off  

  • This service applies to all products at www.joytikaurkalsi.com

  • We do not currently provide same day delivery or next day delivery

  • Packaging and delivery costs may vary but are always displayed on checkout.

  • extra option of approximately 80 p for signed delivery (in addition to packaging and delivery costs)

  • My Hermes advises that approximately 90% of all post arrives in approximately 3 - 5 days from the date your order is despatched. 

  • Due to products being of an artistic nature and freshly created to cater to each order we recommend you allow at least 7 days for art pieces ordered to be completed although this time frame could be much less. In addition to this approximate 7 days please allow approximately 3-5 working days for delivery.  

  • Delivery times are also dependant on possible events or times of the year e.g. mothers day. These events may impact the time frame in which My Hermes delivers your ordered product, for information on this you may check for updates on https://www.myhermes.co.uk/ 

  • Due to any major or unprecedented mechanical fault or unforeseen force majeure www.joytikaurkalsi.com will endeavour to get all orders in the post as soon as possible but reserves the right to suspend and/or withdraw the Parcelshop drop-off or Courier Collection service. 

  • www.joytikaurkalsi.com reserves the right the change the postage cost at any time

  • This service only applies to www.joytikaurkalsi.com

4. Supply and pricing of products

4.1. Supply of Products

The art products sold by us through our Website are created and shipped from the West Midlands, United Kingdom

4.2. Transfer of Title

Products despatched from The West Midlands, United Kingdom

By placing your order with us for a product which is despatched by us from the West Midlands, United Kingdom you are agreeing to take title to your products at the point of despatch from our West Midlands facilities and we will post your products in the West Midlands on your behalf. Your rights as a consumer are not adversely affected.

 

 

4.4. Postage and packaging charges

For most items, prices are shown exclusive of postage and packaging charges; these will be shown separately at the checkout stage before you place your order. In some cases, prices shown may include postage and packaging. If this is the case this will be clearly stated.

 

4.6. Substitute Products

Please note that if a product is unavailable, we may substitute it with an alternative product unless you request us not to do so.

5. Delivery

 

During the order process, Joyti Kaur Kalsi will generally notify you of the expected time frame for receiving your order; however, Joyti Kaur Kalsi does not guarantee delivery dates or times. We will make you aware of delivery charges (if any) before you place your order.

Expected delivery times and charges will differ depending on which products you order. More details are set out below.

 

5.1. General despatch information

The despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered.

  • It is your responsibility to ensure that the delivery address you provide for any order you place is correct

 

5.2. Circumstances Beyond Our Control

 

Neither we, nor any delivery service that we use, shall be liable for any failure to perform Services where such failure or delay results from any circumstances outside our reasonable control; these circumstances include but are not limited to adverse weather conditions (such as snow, flood and extreme winds), fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or industrial dispute or strike.

6. Changing or cancelling an order

You will receive an email with confirmation of order and secondly one to notify you that your order has been progressed after which point changes to an order or cancellation may not be permitted.

7. Returns and refunds

 

At Joyti Kaur Kalsi, we always try to send your products in perfect condition. However, occasionally, a problem can arise. In the unlikely event that a product is faulty, or it is damaged in delivery or is the wrong item, we ask you to contact us to let us know of the problem as soon as possible. We will then advise you on whether you are eligible for a refund or replacement.

7.1. Reporting a problem

 

If for any reason you are not happy with your Joyti Kaur Kalsi order, please contact us via our contact form found on our site. You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 14 working days (usually it takes 1-2 days) and will do our best to resolve it within 28 days. We may ask you to take a photograph of the product. Should it be necessary, we will then advise you how to return your item.

7.2. Returning products and issuing refunds

Where an item is faulty, we will ask you to return it to us within three days of receipt. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.

If you are eligible for a refund, we will reimburse the price you have paid for the product(s) onto the credit or debit card that you paid

with (excluding postage and packaging costs which may have been bundled into the item price, if postage and packaging is included in the item price, this cost will be deducted from the return amount). Alternatively, we may offer to send a replacement for which the buyer (you) would have to pay postage and packaging costs for. Please note it is not our policy to offer both a refund and a resend.

 

Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalisation is mis-spelt or if you have uploaded an image of a low resolution or size. Please see section 3.3, 'Personalising products', for more information.

Non-personalised products:

You have the right to cancel your contract for the purchase of a non-personalised, provided you notify us of the cancellation – using our contact form – no longer than 14 days after the day following the day on which the product is delivered. You must return the unused non-personalised product to us within 14 days of notifying us of the cancellation, and must pay the cost of returning the product to our nominated address. We will refund the purchase price or may offer another product with delivery costs for the alternative to be paid for by the buyer (you). We will not refund any delivery, expedited, tracked or other special delivery charges you may have chosen to pay with the initial purchase. However, if the value of the product has been reduced by any handling of it beyond what is necessary to check whether the product is as expected, we may deduct an amount to reflect that reduction in value from the sum we refund to you. Note that the value of a product may be reduced to nothing if its seal (or similar) is broken. Please follow any returns procedure for products which we specify from time to time.

 

Note that the right to cancel a contract and return a product as described in the paragraph above does not apply to:

  • personalised products

 

8. Use of the Website

8.1. Abuse of service

You agree not to use Joyti Kaur Kalsi directly or indirectly for any unlawful purpose, or to cause distress or offence to any person. You also agree not to upload, email to us or print any images or other material which might infringe our Content Rules (set out in section 3.4 above).

 

8.2. Intellectual Property

 

All text, software, music, sound, photographs, images, art pieces, concepts, graphics, video, page layouts, design and other material that appears on the Website is protected by Joyti Kaur Kalsi or third party copyrights, trade marks, service marks, patents or other proprietary rights and laws. You agree not to display or use “Joyti Kaur Kalsi” in any manner without our prior written consent.

You may use and access Joyti Kaur Kalsi to the extent required for the use of the Services in accordance with these Terms, and for the purpose that we make them available. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Joyti Kaur Kalsi.

No-one may copy, distribute, show in public or create any derivative work from Joyti Kaur Kalsi, or any of the material which is found on

Joyti Kaur Kalsi unless properly licensed in writing by us to do so. You are not allowed to use Joyti Kaur Kalsi (or to copy or use any material found on Joyti Kaur Kalsi) for any commercial purpose other than to conduct the purchase of a product from Joyti Kaur Kalsi.

No-one may use any robot, spider, scraper or other automated means to access Joyti Kaur Kalsi for any purpose without our prior express written permission.

 

8.3. Website content and service access

 

We will always try to ensure that Joyti Kaur Kalsi is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

8.4. Links

 

Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites you do so at your own risk.

 

8.5. Liability

We use reasonable care and skill to provide “Joyti Kaur Kalsi” in accordance with our specifications for Joyti Kaur Kalsi but:

  • the Services are provided "as is"

  • we cannot and do not guarantee that Joyti Kaur Kalsi or the Services will meet your requirements

 

We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms.

Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of products we agree to supply following our acceptance of your order in accordance with section 3.2. We are under a legal duty to supply goods which conform to our contract with the User.

We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

  • for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption

  • any loss or corruption of data

  • any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) our breach of this Agreement, howsoever caused or arising

Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.

We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the Terms by you, your use of the Website, or anything done while your Account is logged into the Website or App.

8.6. Suspension

We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Joyti Kaur Kalsi, (b) to suspend or terminate your use of all or part of the Services and/or any then-current orders for products, and/or (c) to take technical and legal steps to stop you from using Joyti Kaur Kalsi if you appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.

In addition, we are entitled to suspend provision of all or part of the Services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

 

8.7. Contact from third parties

 

If anyone contacts us in relation to your or your Account's use of Joyti Kaur Kalsi or a transaction associated with you or your Account, then you agree:

  • to provide all reasonable information and assistance we may require in connection with responding to that contact

  • to respond promptly and accurately to it, should we pass the message to you for a response

 

9. Offers and Promotions

The offers and promotions which we make available  are governed by terms and conditions which will be accessible to you when relevant here.

10.1 Joyti Kaur Kalsi Vouchers

Any offers are only applicable on the product(s) stipulated on the voucher email or site pop up.

Some offers are limited to a single purchase. Customers are able to qualify for the offer on any transaction if the offer stipulates so and only whilst the offer is running under the time frame stated on the voucher

The discount voucher will be applied to all items in the basket at check-out unless the discount is stated to only be on special offer products.

 

When the customer has a gift in their shopping basket, they will need to add the voucher/ promo code in the section clearly stating ‘Enter a promo code’ in the cart area and click ‘apply’ to receive the discount.

Products ordered with a voucher must be checked out within the valid offer time but can be despatched at any date.

All delivery charges are not included in the offer and will be purchased by the customer.

Joyti Kaur Kalsi reserves the right to cancel, change or extend the offer at any given time.

There are no cash alternatives to the offer.

Promotions cannot be backdated or applied retrospectively to orders already placed.

*Please note that separate voucher codes cannot be combined within the same transaction. If you are using more than one voucher code, they must be redeemed via separate transactions. *

10.2 Competitions

Terms and conditions for live Joyti Kaur Kalsi competitions will be found here when relevant

11. General

These Terms are intended to contain your entire agreement with us relating to the Services and the Website.

If any of these Terms are found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.

Only you and Joyti Kaur Kalsi shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We reserve the right to change these Terms from time to time and post the new version on Joyti Kaur Kalsi. The new version of these Terms will take effect:

  • commencing 28 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you

  • immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not reasonably capable of adversely affecting you - examples of which would include, without limitation, (i) changing the name of, and/or the web-address that you use to access, Joyti Kaur Kalsi, and (ii) the refinement of provisions that are already included or referred to in these Terms

In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Services and Joyti Kaur Kalsi, For the avoidance of doubt, we will not have any liability to you in that event.

These Terms, the Services and each order and purchase of a product shall be governed by English law.

You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a product.

We don't separately file the Terms entered into by Users when they register for Joyti Kaur Kalsi. Please make a durable copy of these Terms by printing and/or saving a downloaded copy on your own computer. They are offered in English only.

 

12. Joyti Kaur Kalsi Reviews terms of use

 

By submitting a review on Joyti Kaur Kalsi, you confirm and agree that:

  • You are the sole author of the review – none of it has been copied from elsewhere;

  • Your review is accurate and fair;

  • You are at least 18 years old; and

  • You grant Joyti Kaur Kalsi a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy and modify your review.

You also agree you will not submit a review:

  • That is known by you to be false, inaccurate or misleading;

  • That infringes anyone’s copyright, trade mark or other proprietary rights, or a duty owed to any person or entity, such as a duty of confidentiality;

  • That breaches any applicable law, or that advocates, promotes or assists any unlawful act

  • That is, or may reasonably be considered to be, offensive, abusive, threatening or defamatory;

  • That promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group

  • For which you were compensated or granted any consideration by any third party;

  • That references any other website or service;

  • That misrepresents identity or impersonates any person;

  • That includes any personally identifying information about any person, such as their name, address, phone number, or email address;

  • That is pornographic, obscene or indecent;

  • That may harass, upset, embarrass or alarm any person; or

  • That comments on any other reviewer

Joyti Kaur Kalsi reserves the right, in its absolute discretion, to:

  • Decline to publish a review; and

  • Remove a review for any reason

For any review that you submit, you grant Joyti Kaur Kalsi a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.

Joyti Kaur Kalsi reserves the right to change, condense or delete any review content that Joyti Kaur Kalsi deems, in its sole discretion, to breach these Terms of Use. Joyti Kaur Kalsi does not guarantee that you will have any ability to edit or delete any review you have submitted. You acknowledge that you, not Joyti Kaur Kalsi, are responsible for the contents of your review.

By submitting your email address in connection with your rating and review, you agree that Joyti Kaur Kalsi and its third party service providers may use your email address to contact you about the status of your review and for other administrative purposes.

When we refer to "Joyti Kaur Kalsi" in these Terms, we mean Joyti Kaur Kalsi.com, the www.joytikaurkalsi.com site, any Joyti Kaur Kalsi application that you access, according to the context.

 

13. Joyti Kaur Kalsi Rewards Program - Terms and Conditions

The Terms & Conditions for the Joyti Kaur Kalsi rewards and loyalty program will be found here when applicable

 

14.8. OTHER BITS YOU SHOULD KNOW

 

You need to make sure that the email address and other contact information in your Joyti Kaur Kalsi Account is at all times accurate and up to date.

All purchases made from Joyti Kaur Kalsi, including Qualifying Orders, are governed by the Joyti Kaur Kalsi Ts & Cs, save as provided in these Terms. 

If you have any other questions just check our FAQs page. If you can't find the answer to your question, then please contact us. 

These Terms, together with the Joyti Kaur Kalsi Ts & Cs, are intended to contain your entire agreement with us relating to the subject-matter of these Terms. 

If any of these Terms is found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. 

We reserve the right to change these Terms from time to time and post the new version on the Website. The new version of these Terms will take effect on a date that we will specify at the time. 

You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, Joyti Kaur Kalsi Rewards or any of the subject-matter of these Terms. 

These Terms take effect on 31st August 2018