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TERMS AND CONDITIONS

Kian's ("kian" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.kian.ie. We recommend you should keep a copy of the TOS for future reference.

 

Kian is a trading name of The Kian.A.I, a company registered in Ireland under registration number 433723. Our registered address is Unit B, Kylemore Road Ballyfermot.

 

 

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about Kian's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

 

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

Registration

Eligibility to purchase

Orders

Pricing policy

Sale price adjustment policy

Acceptance of your order

Payment

Gift cards

Promotion codes

Insurance and delivery

Returns and exchanges

Intellectual property rights

Content

No commercial use

Your activity

Third party sites

Your rights

Limits on our liability

Compensation

Our relationship

No waiver 

Governing law

 

REGISTRATION

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@kian.ie We may also change registration requirements from time to time.

 

The account password you provide should be unique and kept secure, and you must Kian immediately of any breach of security or unauthorized use of your account.

 

Please refer to our Privacy Policy for information about how we use your data.

 

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ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

 

The Site is available only to individuals and others who meet the Kian terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Kian, whose applications are acceptable to Kian and who have authorized Kian to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Kian reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

 

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where Kian feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

 

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

 

Please refer to our Privacy Policy for further information about how we use your data.

 

 

 

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

 

Kian offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to Kian will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at Kian. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

 

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

 

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

 

Kian will store a record of your transactions for a minimum of one year.

 

 

 

PRICING POLICY

Prices shown on the Site are in Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site.

 

All prices and offers remain valid as advertised from time to time. The  Euros price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

 

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

 

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

 

If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

 

 

SALE PRICE ADJUSTMENT POLICY

Kian is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your Kian account in the form of a store credit which will be valid for 12 months.

 

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

 

 

 

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

 

Unless you cancel your order, acceptance of your order and completion of the contract between you and Kian will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Dublin, Ireland and the language of the contract is English.

 

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

 

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

 

 

PAYMENT

Payment can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, American Express, Maestro debit cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Kian. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Kian, we will not be liable for any delay or non-delivery.

 

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Kian user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

 

To help ensure that your shopping experience is safe, simple, and secure, Kian uses Secure Socket Layer (SSL) technology.

 

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

 

 

 

GIFT CARDS

Kian Printed and Virtual Gift Cards are sold subject to the following terms and conditions:

 

Gift Cards are valid for 12 months from date of purchase.

Gift Cards can be redeemed against all products on the the www.kian.ie INTL site.

Gift Cards are non transferable and may not be returned or redeemed for cash.

If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.

If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.

If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.

Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.

Kian is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.

Kian is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.

Kian reserves the right to cancel a Gift Card if we deem such action necessary.

Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.

Sales tax and shipping is applicable on any products purchased with a Kian Gift Card.

Shipping is applicable on Printed Gift Cards.

 

 

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

 

 

INSURANCE AND DELIVERY

Kian insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Kian, and transfer of responsibility in the same way.

 

Please note that we aim to dispatch all orders within 48 hours during sale periods if stocked. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Kian are not responsible for any delays caused by destination customs clearance processes.

 

 

RETURNS AND EXCHANGES

 

CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS

 

If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt. Notice of contract cancellation under the DSRs must be given in writing to: Notice of Contract Cancellation, Customer Care Department, info@kian.ie

 

For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: Unit B kyemore road Ballyfermot. All items must be returned unused and in their original condition, from the original delivery country.

 

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.

 

Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above, i.e. before requesting your RMA through your Kian account.

 

Our free collections service (see below) is not available for orders cancelled under the DSRs.

 

RETURNS AND EXCHANGES USING OUR FREE COLLECTION SERVICE

 

As an alternative to using your rights under the DSRs, you may prefer to return or exchange items using our free returns and exchanges collection service. You must request your Returns Merchandise Authorization (RMA) number within 14 days of order receipt, and return your unwanted items within 14 days of receiving your RMA number, for a refund of the value of the item only, or an exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

 

Please refer to our Returns & Exchanges policy for further information.

 

Shipping is complementary on the replacement item, but exchanges made to destinations outside of Ireland will be processed for customs clearance and therefore any relevant import duty and tax charges will apply. See costs for Shipping and Returns.

 

Please note our free collection service is not available for orders cancelled under the DSRs.

 

Our policy

Items should be returned unused and with all Kian and designer tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.

 

Where provided any designer packaging such as authenticity cards, dust bags, and  tags should be included with your return.