Kate and Ava

Terms & Conditions

Welcome to the "Kate and Ava" website. Below are the terms and conditions for using the ‘’Kate and Ava’’ website. Please read carefully before placing your order. Should you have any queries regarding these terms and conditions, please contact our customer service team at info@kateandava.ie

Please note that by using this Kate and Ava website and/or placing an order you agree to be bound by the terms set out below, and you consent to the processing of information as described therein and in our Privacy Policy and warrant that all data provided by you is accurate, complete and up-to-date.

These Terms may be updated by us from time to time. You should therefore check this page regularly to note any changes we may have made to the terms. Changes to the terms will apply to orders made subsequent to the revised terms being published.

Please note that once your order has been confirmed, we will not be able to make any changes to the order.

Your Delivery

We deliver worldwide and shipping is free. We operate a next day delivery service within Ireland. Please allow 5 working days for UK deliveries . Please allow 7-10 working days for delivery outside Ireland and the UK.

We aim to deliver to you within the timeframes outlined above however we do not guarantee that deliveries will be made within the above delivery times. Please note that a signature is requested on delivery. If you are not in when our couriers deliver and if they cannot find a safe location to leave the package, they will attempt redelivery 1 more time on a different day. In order to arrange a suitable time for our couriers to deliver, please contact the number left on the drop card.

The aforementioned dispatch and delivery times above may vary for a range of reasons. "Kate and Ava" shall not be liable for loss resulting from deliveries outside the delivery periods specified above due to lack of product availability, delays from carriers, force majeure, or for any other reason.

Pricing and Payment Options

We accept MasterCard, Visa, Visa Electron or PayPal.

If you decide to purchase products described in the Site, you may be asked to supply certain information, including credit card or other payment information. Our Privacy Policy outlines how we use any personal information you provide to us for this purpose.

By providing such information, you represent and warrant that it is accurate, complete, and current. By making any such purchase, you agree to pay all charges incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to such purchase.

"Kate and Ava" reserves the right to refuse any order for any reason. Orders may be delayed or cancelled if "Kate and Ava" is not given completely accurate information and/or is unable to contact the person who has placed the order and/or the primary cardholder for the order.

Payment Processing

Once you have placed your order, we conduct a standard pre-authorisation check on your method-of-payment to ensure sufficient funds. If you paid using your credit card, you will be charged once the goods have been dispatched to the delivery address. If funds have ceased to be available between the pre-authorisation check and the actual charge, the order will be cancelled. We will send you an email to confirm the dispatch of your order.

If you have paid via your PayPal account, your account will be charged at the time of the order, once you confirm your order on the website. If we are unable to ship your items to you for some reason, we will refund the value of the items that were not sent. This refund will be made to the payment method that you used for the order.

Authorisation by Card Issuer

Orders placed using credit or debit cards are subject to authorisation by the card issuer. If the card issuer refuses to authorise the payment for any reason, kateandava.ie is unable to process the payment. In this case, you will be notified of the refusal during the check-out process

Pricing & VAT

Prices are subject to change without notice. Prices are inclusive of VAT (where applicable) at the applicable rate for the country where the goods are being shipped to.

Exchange Rates

If you order goods from the kateandava.ie website for delivery in the United Kingdom, the actual price you will be charged will be subject to the exchange rate applied by your credit or debit card company.

Fraud Prevention

During the checkout process, we may use the information you provided to detect and prevent fraudulent activity. In so doing, we may disclose your address and postcode, as well as other information about your order, to third parties to perform that validation. Any disclosure of your information is done securely and you will never receive any marketing solicitation as a result of the information provided.

Accuracy

We endeavor to display accurate pricing, product descriptions & information, images, and availability as of the time that the information is submitted for display onto the website. However, because of lighting differences and differences with monitors, the actual colour of the products you receive may differ from what you see on screen. In addition, information can occasionally be entered erroneously on the system. In this case, we reserve the right to correct information, such as prices and promotions, which have been published on the "Kate and Ava" site. Information about sizing is as accurate as possible.

Returns

If you are unhappy with a garment we will refund you providing the item is returned to us within 14 days of receipt in a saleable condition.

All items purchased on kateandava.ie can be posted back to us at

Kate and Ava,
23 Clonliffe Gardens,
Clonliffe Road,
Dublin 3,
Ireland

You are required to return unwanted items at your own cost

Take the parcel to your nearest Post Office and obtain proof of postage for your order.

We aim to refund your credit /debit card within 14 days of the return being posted

Access

We reserve the right to refuse access to part or this entire website at any time and for any reason. We reserve the right in our absolute discretion to, at any time and without notice, remove, modify or add information and services to any part of this website. We shall not be held liable if the website is unavailable for any period of time.

Linked Sites

This website contains links to other websites which are not operated by "Kate and Ava". We have no control over the accuracy, security or other functionality of these other websites and we accept not responsibility for any loss or damage from your use of these sites. Use of these sites is subject to the terms and conditions as stated by each site.

For those interested in linking to our website, you may do so long as it is done in a legal manner that does not negatively impact our reputation. In establishing a link, you may not do so in a manner that conveys an association with "Kate and Ava" or endorsement by "Kate and Ava" where one does not exist.

This website must not be framed on any other site.

Governing Law

These terms and conditions are to be construed in accordance with the laws of Ireland. In the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Irish courts.

Entire Agreement

These Terms (including the Privacy Policy) constitute the entire agreement between "Kate and Ava" and you with respect to your access to and use of the Site and any third-party site accessed through the Site. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Availability

Delivery of goods is subject to availability of the goods themselves. And while we strive to ensure that availability is accurately reflected on the website, stock levels can change between the time an order is placed and the time of expected shipment. The processing of a payment does not obligate "Kate and Ava" to fulfill the goods in question, should the items not be available. In this case, we will contact you as soon as possible to let you know about the lack of availability and you will not be charged for out-of-stock items.

Changes after Placing an Order

Unfortunately, at this time, we do not accept changes to orders after they have been placed. Therefore, please be sure that your order is correct before confirming your order.

Email Acknowledgment

Once you have placed an order on the "Kate and Ava" website, we will send you an email to acknowledge your order. This acknowledgement does not imply an acceptance of the order. For orders paid via credit or debit cards, only when the order has been dispatched will the purchase contract be made and will you be charged for the goods ordered. Once the items have been shipped you will receive an email informing you of the shipment. If you have paid through a PayPal account, your account will be charged when the order is placed.

Unauthorised Access

We take reasonable care to safeguard against unauthorized parties accessing your order information. However, we shall not be held liable for any loss caused by a third party accessing the data you have provided while using the "Kate and Ava" website. We shall not be held liable to any person for any loss caused by the use of any of the information contained in or displayed on the "Kate and Ava" website.

For additional information about use data, sharing of data, etc. please see our Privacy Statement.

Disclaimers of Warranties

This site is provided by "Kate and Ava" on an "AS IS" basis. To the fullest extent permitted by applicable law, "Kate and Ava" disclaims all warranties, express or implied, including, without limitation implied warranties of merchantability, fitness for a particular purpose, computability, security accuracy or infringement.

Neither "Kate and Ava", any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that the site or any function contained in the site will be uninterrupted or error free, that defects will be corrected, or that the site or the servers that make the site available are free of viruses or other harmful components.

"Kate and Ava" does not warrant or make any representations regarding the use or the results of the use of the materials incorporated in the site or any third party site accessed through the site in terms of their correctness, accuracy ,timeliness ,reliability or otherwise and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product offering content or material.

Although this site is accessible worldwide, not all products or services discussed or referenced herein are available to all persons or in all geographical locations. "Kate and Ava" reserves the right to limit in its sole discretion, the provision and quantity of any product or service to any person or geographical area it so desires. Any offer for any product or service made in or through this site is void where prohibited.

Further please note that no advice or information obtained by you from our personnel or through this website shall create any warranty not expressly provided for in these terms and conditions.

These disclaimers apply to the fullest extent permitted by law.

Limitation of Liability

You expressly understand and agree that (to the fullest extent permitted by law) we and our affiliates shall not be liable for any indirect incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of or resulting from:

• The use or inability to use the internet
• the use of any content or other material on the site or any website or websites linked to the site
• The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website
• Unauthorised access to or alteration of your transmissions or data.
• Statements or conduct of any third party on this website or
• any other material relating to this website

In no event shall "Kate and Ava"s total liability to you for all damages, losses, and causes of action exceed the amount paid by you to "Kate and Ava".If you are dissatisfied with any portion of this website, or with any of these terms and conditions, Your sole and exclusive remedy is the discontinuation of your use of this website.

"Kate and Ava" is not responsible for any injury and or damage to any individual as a result either directly or indirectly of any information published on this website. The accuracy of the information is not guaranteed and does not constitute business or other professional advice and is subject to change and therefore "Kate and Ava" cannot accept responsibility for any loss damage or expense incurred upon using the information.

Intellectual Property

Subject to these terms, "Kate and Ava" grant a non-exclusive, non-transferable, limited right to access and use this website and the materials displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.

All materials incorporated in or accessible through this website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, podcasts, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of this website), are protected by Irish and international copyright laws, and are owned, controlled or licensed by "Kate and Ava" or by the original creators of such materials or their permitted licensors. All such rights are reserved. Such materials may be used only for viewing this website in the ordinary course. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, displaying, posting, performance, or other exploitation thereof, by any means or medium, without the prior written permission of the copyright owner is strictly prohibited