Terms of the Service Agreement

This agreement was last modified on 18 January 2023

1. Please read in full these Terms of Service when using www.kidultverse.com which is owned and operated by Hong Kong Netizen Limited (company number: 14243657, VAT number: GB429069967) at 83 Ducie Street, Manchester, United Kingdom, M1 2JQ. This Agreement outlines and documents the terms and conditions attached to the use of www.kidultverse.com (the Website) which are legally binding.
   
   
2. By accessing the Website in any way (placing orders, viewing, or browsing the Website, or otherwise using our services) you accept and agree to be bound by the following terms of service (the Agreement). Furthermore, by using these services you will be subject to our guidelines or rules as applicable. By accessing the Website, you participate in using our services which constitutes acceptance of the terms of the Agreement; if you do not agree to abide by these terms, kindly do not use any of these services.
   
   

Accuracy of Product Information

3. Whilst we strive to make the information on the Website as informative and accurate as possible, we are not liable for any inaccuracies or omissions of any information on the site. Please be aware that aesthetic changes in manufacturing can occur; whilst our images are taken of and represent the product as closely as possible, and the basic functionality of the same is preserved, we are not responsible for any small changes in colour or material.
   
   
4. Please note, images of the product may not always be to scale, so be sure to check the product's description for information on dimensions, size, and other specifications. Furthermore, whilst we make every attempt to accurately represent our products in photographs, we shall not be liable for any inaccuracies, such as slight colour differences which may vary on different computer screens. For further information on any of our products, please do not hesitate to contact us via the contact us form.
   
   

Placing Orders

5. All orders are packed and shipped upon receipt of payment. If a payment method is declined or found to be fraudulent, we will not be liable to ship the ordered items.

6. Minimum value of an order: We do not accept orders under the value of £1 plus VAT (exclusive of shipping and gift wrapping costs). Any order placed below the minimum value will be cancelled and refunded.
   
   
7. Payments for orders placed through the Website are handled securely by Shopify Payments, PayPal and Klarna. We will not handle or hold any credit card information for orders placed online via the Website.
   
   
8. We do our best to make sure that the Website is up to date and accurate; if, however, we are out of stock of any product you have purchased, we shall contact you to notify you of the situation and process a refund or offer a later delivery date or recommend an alternative product. If you choose to receive a product as a back order, you may be asked to pay for any additional shipment costs; however, it is at our discretion to offer you a discount to the back order as appropriate.
   
   
9. In the event that a product ordered on our Website has a number of options of variations or alternative designs, unless you have indicated your preferences to us either upon checkout or by contact us via the contact us form, you indicate that you are happy to receive any design chosen by us.
   
   
10. Rights and obligations in relation to all orders cannot be transferred to another other than the buyer.
    
    
11. Please note, the order recipient must be over the age of 18.
    
    

Pricing and Availability

12. All prices are inclusive of the Value-added Tax (VAT).
    
    
13. We list the availability information for each product sold on our Website on the webpage for each product. However, we will not be liable to sell you the product, should its availability changes. If the products you have ordered became unavailable for any reason, we shall inform you as soon as possible, and you will not be charged for the products; if you have been charged for an out-of-stock or unavailable product, we shall process the refund as soon as possible, unless you have agreed with us to a later delivery date or an alternative product. Please note, we will not be responsible for any delays caused due to a product being out-of-stock or unavailable.
    
    
14. Despite our best effort, if a product on the Website is mispriced and it should be adjusted to a lower price, we shall verify the price before processing your order and taking payment. If the correct product price is higher than the price on the Website, we shall, at our discretion, either contact you before dispatching the product to you to request a full payment or cancel your order.
    
    

Damaged, faulty, or erroneously sent products

15. If you have received any damaged, faulty or erroneously sent products, or if your order is incomplete, please let us know at your earliest convenience by contact us via the contact us form so that we can rectify the errors with replacements. In case of damaged, faulty, erroneously sent products or incomplete orders, you must retain all original outer and inner packaging to be able to make the claim.
    
    
16. If you received damaged, faulty or erroneously sent products (eg damaged in transit), you must inform us of the damage or loss within 24 hours of receipt. Please provide us with images of any damage to the external or internal packaging, as this would help us to process. We do not accept returns of any damaged, faulty or erroneously sent products once they have been used. Please inspect the orders before use.
    
    
17. If products were ordered to be delivered to a third-party recipient, the same terms on the product replacement apply. Please follow the delivery progress, eg tracking your parcel, and feel free to advise the third-party recipient to expect the delivery, in order to ensure that the delivery is safely received.
    
    
18. Where products are damaged, faulty or erroneously sent, or if the order is incomplete and only partially delivered to the third party, you must inform us of the damage or loss within 24 hours of receipt.
    
    
19. If, having received the order, you (or the third-party recipient) choose to leave a package unopened for an extended period, beyond the 14-day "cooling off" period for returns, including where products are gift wrapped, you will not be able to return the products post the 14-day period, if the products are found faulty or damaged. You are responsible for inspecting your order carefully on arrival and deal with any issues in a timely manner.
    
    

Shipment and Delivery

20. With few exceptions, we ship orders to our customers worldwide using Royal Mail. Once the order is shipped, you will receive a confirmation e-mail with your tracking number and information. If your order has been shipped with Royal Mail, should you have any questions please get in touch via the contact us form.
    
    
21. The shipping time of our courier only refers to the time once collected from our premises.
    
    
22. For international orders the delivery date varies depending on each country and the delivery address.
    
    
23. Delivery times do not include picking and packaging time allowances. We aim to dispatch orders in a timely manner. Please note, our processing time can stretch to 14 working days during busy periods.
    
    
24. Orders placed after 4pm on Fridays and at weekends will be dispatched on the next Monday (or the next business day if the next Monday is a bank holiday) at the earliest.
    
    
25. Shipping dates are estimates only; they are not guaranteed. We do not give any guarantee as to the exact delivery date. We do not accept liability for any loss or damage caused due to any delays in delivery.
    
    
26. Whilst the best efforts are made to meet delivery deadlines, we are not liable for any delays outside of our control.
    
    
27. We are not responsible if items are returned to us due to unsuccessful deliveries; in this case, we will be in touch with you, and should you wish the order to be redelivered, we would arrange for payment for the additional shipping costs.
    
    
28. If a product is damaged or lost in transit, please contact us via the contact us form at your earliest convenience. If the ordered product is faulty or the order is incomplete, you must retain all original outer and inner packaging in order to make the claim.
    
    
29. For DHL couriered delivery, in the event that a parcel has not been delivered as expected beyond the time allowance for any arrangements for redelivery you are responsible for reporting this loss in a timely manner. When receiving an order by DHL Express, following an email advising delivery on the delivery day, if this delivery is marked as "delivered" on the DHL tracking page but this has not been in fact received or you believe there has been a delivery erroneous or anomaly with delivery you are required to report this within 7 days so we can assist with recovery.
    
    
30. You are responsible for providing a valid and serviceable shipping address as well as being available to receive delivery. If the number of re-delivery attempts exceeded and the order is returned to us, you will be refunded minus the incurred shipment costs and any other costs incurred in recovering the parcel.
    
    
31. In the event of an unexpected delivery delay, you may be required to wait for 30 days to receive your order from the date of purchase to when you receive your order. We would require a further 30 days from that expected delivery date to carry out necessary investigations to locate the shipped order and establish whether the parcel is lost, and not delayed before re-shipping or refunding your items.
    
    
32. If you cannot be present to receive delivery, you are responsible for tracking the delivery and making arrangements with the courier company to ensure safe receipt of the delivery. We accept no liability for any losses as a result of theft, should you give permission to leave the parcel in a safe place or with a neighbour, or any other places where you chose to leave the parcel.
    
    
33. We accept no liability for loss or theft of parcels beyond the point of delivery, where the parcel has been delivered, as you indicated when providing your delivery address, to an unsupervised communal area. If personal receipt of parcels is not possible, any loss or theft of parcels will be the customer's responsibility and no refund will be made for the loss or theft.
    
    
34. We reserve the right to refuse orders made using proxy delivery address services (for example Parcel Motel). By using a proxy delivery address you agree to waive any right to claim for any damage or loss occurred beyond the point of delivery to the proxy delivery address. We do not accept liability for any damage or loss occurred due to typos, errors or ambiguity in the information you provided for the proxy delivery address.
    
    
35. We reserve the right to refuse delivery to PO boxes. It is the customer's responsibility to ensure that the PO box is serviceable. Where this is not the case, cost of return, re-delivery or re-shipment will be the customer's cost and a £20 additional fee may be charged for the service.
    
    
36. For the option to Click and Collect (namely, to pick up from our shop or market stall), you have 30 days from date of purchase to collect your order. If you have not collected your order after 30 days, your order will be cancelled and refunded, minus a £20 re-stocking fee.
    
    

UK VAT refunds

37. UK VAT is not charged on goods exported to a destination outside of the United Kingdom. 0% UK VAT has been applied on these sales; therefore, these sales are not eligible for a UK VAT Refund.
    
    

Custom Charges

38. When ordering from outside of mainland UK, you may be subject to import duties and taxes, which are levied once the package reaches destination. You are responsible to pay all additional charges due to customs clearance, including customs processing charges. Customs policies vary widely from country to country, you should contact your local customs office for further information. Please note, when ordering from the Website, you are considered the importer and you must comply with any laws and regulations of the country of destination where the product is delivered.
    
    
39. Please note, the above charges may include a customs clearance processing fee to the courier company.
    
    
40. Your privacy is important to us. Please note, parcels of cross-border deliveries may be subject to opening and inspection by customs authorities.
    
    
41. If local import taxes and charges are levied but failed to be paid by the customer and the parcel is returned to us, we will be entitled to deduct any costs of recovering the parcel from the amount to be re-credited to you. If the parcel is not or cannot be returned due to unpaid local import charges and taxes, no refund from us will be due to you. If you refuse to pay the customs, a £40 restocking fee will be deducted from any refund we make to you.
    
    

Refund and Returns

42. In accordance with consumer contracts regulations in the UK, if for any reason you are unhappy with your order or if you have changed your mind, any product can be sent back for an exchange or full refund provided the recipient files a returns request within 14 days of receiving the order. You will have a further 14 days from the date of your request to return the items to us.
    
    
43. Before sending back please email us to notify us in writing via the contact us form of your return request; items can only be returned once the request is approved.
    
    
44. Products must be returned in the same condition in which it was delivered, namely unused and resalable. You must take care to make sure that you repack the items carefully to reduce the possibility of causing damage. This must include all original packaging for each product.
    
    
45. We are unable to accept returned items that have been in some way damaged or used by the recipient. If the outer packaging is missing or damaged causing damage to the items and they cannot be sold again at full price, we reserve the right to refuse the return or to subtract the loss in the same value.
    
    
46. Please note, outgoing and return postage costs incurred for an exchange or return of products are at the buyer's cost. For an international order, local imports costs, including taxes, levies and charges, will not be refunded in any event.
    
    
47. If complimentary gift wrapping had been added to the order where the product has been returned, a £3.50 fee will be deducted from the refund. If complimentary shipping had been offered where the product has been returned, the shipping costs will be deducted from the refund.
    
    
48. We reserve the right to refuse return of dated items.
    
    
49. We only accept returns from the person who bought the item. We may ask you to provide proof that you bought the product from us before processing the return.
    
    
50. Please note, any items purchased to feature as a prop in commercial photography or film, regardless of whether it is published or not, or for any other styling purposes, such as interior decoration, is deemed to have been purchased for commercial use and a B2B transaction, and therefore the consumer contract regulations do not apply to such transactions, and we do not accept returns.
    
    
51. If an order qualifies for free shipping, and the amount of the order after returns is no longer qualified for free shipping, the cost of shipment will be deducted from the refund.
    
    

Pre-order Policy

52. Pre-ordered products or items means they are not immediately available and/or are currently out-of-stock from our Website. Pre-order or back-order means placing orders in advance which requires a down payment in procuring the said product.
    
    
53. We do not guarantee the availability of pre-ordered products upon receipt of payment. The payment you have made represents an offer to buy the product when it is available for sale. We reserve the right not to accept your offer. Your offer is only accepted once the pre-ordered product is despatched. To place a pre-order, you will need to pay the full price upfront.
    
    
54. Full payment is required to pre-order a product. If a payment is not transferred within 5 days, the order is deemed to be cancelled.
    
    
55. Cancellation is not allowed once the pre-order form has been submitted and paid nor could it be exchanged for other products. All products pre-ordered are considered as sold. You may cancel the pre-order and get a full refund for the same at any time before the product has been despatched.
    
    
56. Estimated Date of Arrival: Shipping schedules of each courier vary. Although we shall track and trace the whereabouts of our packages, we cannot guarantee the exact dates and times of arrival.
    
    
57. Once we receive the pre-ordered products from our suppliers, we shall inform you of the progress. If the products were lost or damaged during shipment, we shall refund you in full for the pre-order.
    
    
58. Rights and obligations in relation to pre-orders cannot be transferred to another other than the buyer.
    
    

Disclaimer & limitations of liability

59. Hong Kong Netizen Limited does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, neither Hong Kong Netizen Limited nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Hong Kong Netizen Limited or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
    
    
60. The limitations of liability in these conditions shall apply equally for the benefit of Hong Kong Netizen Limited and any other associated company of Hong Kong Netizen Limited as if references to Hong Kong Netizen Limited included references to each such associated company.
    
    
61. While Hong Kong Netizen Limited uses reasonable endeavours to ensure that the information on this Website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Hong Kong Netizen Limited will not be responsible for any errors or omissions or for the results arising from the use of such information. While Hong Kong Netizen Limited takes all reasonable steps to ensure a fast and reliable service, it does not guarantee that your use of this Website will be interruption or error free and will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
    
    
62. Further, Hong Kong Netizen Limited will not be responsible nor liable for your use of any other Websites which you may access via links within this Website. Hong Kong Netizen Limited does not control these Websites and is not responsible for their content. Any such links are provided merely as a service to users of this Website and their inclusion in this Website does not constitute an endorsement by or affiliation with Hong Kong Netizen Limited. The entire liability of Hong Kong Netizen Limited under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions. Hong Kong Netizen Limited will not be liable to you or be deemed to be in breach of these Terms or any other contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control. Hong Kong Netizen Limited may assign or transfer any of its rights or subcontract any of its obligations under these Terms to any third party. You may not assign or transfer any of your rights or subcontract any of your obligations under these Terms except with the specific permission in writing of Hong Kong Netizen Limited. No person who is not a party to these Terms shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
    
    

Intellectual Property

63. This Website and all of its content are the sole property of Hong Kong Netizen Limited and are, as such, fully protected by international copyright and other intellectual property rights laws. As such, that information, including and not limited to pictures, designs, logos, photographs, images and written content, cannot be reproduced without our express permission.
    
    
64. ALL RIGHTS RESERVED. The copying, modification, distribution, reproduction, or incorporation into any other work of part or all of the material available on this Website in any form is prohibited save that you may:
    
    1. Copy, print (one copy only) or download extracts of the material on this Website for the sole purpose of using this Website in good faith for domestic purposes or placing an order with Hong Kong Netizen Limited; and
    2. Copy, print (one copy only) or download the material on this Website for the purpose of sending to individual third parties for their personal information provided that you do seek no commercial advantage or benefit from so doing and you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
65. For press enquiries or any other queries with regard to using our information and material please contact us via the contact us form.
    
    

Privacy Policy and Cookies Policy

66. Please follow this link to read our Privacy Policy which outlines how we collect and use your data in relation to the use of www.kidultverse.com.
    
    
67. Please follow this link to read our Cookies Policy in relation to the use of www.kidultverse.com.
    
    

Notice of Change to the Terms of Service

68. Please note, Hong Kong Netizen Limited reserves the right to amend or change the terms of the Agreement stated above at any time as it sees fit. Your continued use of the Website and our services (including via telephone) indicates acceptance of such amendments and changes.
    
    
69. Should you have any questions about the Agreement, please contact us via the contact us form.
    
    

Law and Territory

70. These Terms and your use of our Website are governed by English law and you agree to submit to the exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights. This Website and our Terms have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this Website or the placing of any order through this Website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.