Terms and Conditions

Terms and Conditions

THE AGREEMENT: The use of this website and services on this website provided by Heather Cluff Photography which is doing business as Kindly Camera Bags (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

DEFINITIONS

“Agreement” denotes this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website.

“We,” “us,” and “our” are references to KINDLYCAMERABAGS.COM.

“User,” “You,” and “your” denotes the person who is accessing the website for taking or availing of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this Website.

” Website” shall mean and include hello@kindlycamerabags.com and any successor Website of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND KINDLY CAMERA BAGS.

ORDERING

All purchases from this website shall be governed by our terms and conditions.
Suppose you make an Order to buy any product from our website. At the time of order, while providing your details, you must be careful and warrant that the details provided are true and accurate.
Payment mode shall be:
PayPal, Visa, Master, American Express, Credit Card/ Debit Card
You place an order on the site by adding your selected item(s) to the shopping bag and proceeding to checkout. Items in your shopping bag are not reserved and may be purchased by another customer. Please read and check your order carefully before submitting it.
Payment will be collected immediately upon completion of the payment process, and an email will be sent to confirm your order. Another email will be sent a later day to confirm the details of the delivery of your product.
In any case of exception, we may contact you to say that we do not accept your order. This is typically for the following reasons:

the products are unavailable;(due to discontinuation of the design etc.)
we cannot authorize your payment.
You are not allowed to buy the products from us.
We are not allowed to sell the products to you.

There has been a mistake in the pricing or description of the products.
In such a scenario, we will be sending you a mail to confirm that your order has not been accepted, and your payment will be transferred back to you within the next 24 hours from this mail.
We will only accept your order when we email you to confirm this (Confirmation Email). At this point:

A legally binding contract will be in place between you and us; and
We will dispatch the products to you or inform you of the estimated dispatch date.

Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online, we will provide you with an email to confirm that we have received it.
If there is an error in the order confirmation, please contact us immediately by email at hello@kindlycamerabags.com.
We may refuse or be unable to process your order if Your card or PayPal account does not give authorization for the payment of the purchase price.
You do not meet the eligibility to order criteria set out above.
You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted, you will be informed of this in writing, along with the reasons.
We are happy to support you; if there is an issue, you can contact hello@kindlycamerabags.com for any inquiry or problem.
We take customer feedback very seriously and use it to constantly improve our products and quality of service.

PRICES

All prices on this website are in US dollars. They include applicable VAT but not delivery charges, which are separately detailed.
We make every effort to ensure that all prices displayed on the site are accurate. However, errors are possible. If we have quoted an incorrect price on the site and the correct price is less, we will assume that you wish to proceed with your order. If, however, the correct price is higher than the price originally quoted, we will contact you to determine whether you wish to proceed with the order.

AVAILABILITY

While we make every effort to maintain stock of all items advertised for sale on our site, this cannot be guaranteed, and by acknowledging receipt of your order, we are not entering into a binding contract to supply the items you have ordered but do not currently have in stock. Because the site's content is managed, any products that are temporarily unavailable should be highlighted.

ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products on the site; however, we do not warrant that the product descriptions, colors, information, or other content available on the site are accurate, complete, reliable, current, or error-free.

This site may contain typographical errors or inaccuracies and may not be complete or current. KINDLY CAMERA BAGS, therefore, reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

DESCRIPTIONS AND PRODUCT INFORMATION

We have made every effort to accurately represent the colors of our products and their packaging. However, due to monitor calibration differences, we cannot guarantee that the color you see on your monitor accurately represents the color of the product and its packaging. Naturally, if you have any questions about the product, you may contact us.

Kindly Camera Bags warrants that the goods you purchase will conform to the description provided by Kindly Camera Bags Store at the time of delivery to you. Each description or specification of the Products we sell is made in good faith and is accurate to a reasonable degree, as we manufacture most of the goods and products available through Kindly Camera Bags.

No statement, description, information, warranty, condition, or recommendation contained in any catalog, price list, advertisement, or verbal communication made by an employee of Kindly Camera Bags shall be construed to enlarge, vary, or supersede any provision of these Terms in any way.

CONFORMITY OF GOODS

We take great care to ensure that the product descriptions and specifications are accurate at the time of publication. However, the specifications and descriptions of products on this Website are not intended to be binding and are solely for the purpose of providing an overview of the products. Additionally, while we make every effort to ensure that the color reproduction of the products is accurate, we cannot accept responsibility for any color variation caused by the browser software or computer system used to view the products.

USER CONTENT

Content Responsibility.

The website permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.
It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
Uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files.
Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of kindlycamerabags.com.

You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person's legal rights.
To violate any of our intellectual property rights or any third party.
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
To perpetrate any fraud.
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
To publish or distribute any obscene or defamatory material.
To publish or distribute any material that incites violence, hate, or discrimination towards any group.
To unlawfully gather information about others.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Kindly Camera Bags, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Kindly Camera Bags and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by Kindly Camera Bags. Kindly Camera Bags reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kindly Camera Bags in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the kindlycamerabags.com Website, including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Kindly Camera Bags, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GOVERNING LAW AND JURISDICTION

This website originates from United States. The laws of United States. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United States. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

SEVERABILITY

If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at hello@kindlycamerabags.com.

This document was last updated on May 27, 2022

Website Accessibility
Everyone should have access to and enjoyment of the internet, and we're committed to making that a reality.

Kindly Camera Bags is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

The Web Content Accessibility Guidelines (WCAG) define requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. kindlycamerabags.com is partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.

How we meet WCAG standards

To make sure that our website is compliant with accessibility standards, our templates:

Use valid HTML and CSS.
Let users change aspects of the site's appearance to improve their own experience.
Are easy to navigate no matter the input device or method.
Have a logical content structure and a clear information hierarchy.
Have layouts that adapt to different screen sizes without loss of functionality or usability.
Provide sufficient color contrast between background and foreground items.
Provide alternative text descriptions for non-text elements such as images.

Most of our content meets WCAG 2.1 AA guidelines. We have, however, identified some instances where this is not the case.

We welcome your feedback on the accessibility of kindlycamerabags.com. Please let us know if you encounter accessibility barriers on kindlycamerabags.com.

Contacting us

If you would like to contact us to understand more about website accessibility, you may do so via the contact us or email us at hello@kindlycamerabags.com.

This document was last updated on May 27, 2022

Disclaimer

If you require any more information or have any questions about our site’s disclaimer, please feel free to contact us by email at hello@kindlycamerabags.com.

Kindly Camera Bags makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind.

You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk

For no situation will Kindly Camera Bags, our chiefs, officials, representatives, associates, operators, contractual workers, assistants, providers, specialist co-ops or licensors be obligated for any injury, misfortune, guarantee, or any immediate, circuitous, accidental, reformatory, exceptional, or noteworthy harms of any sort, including, without restriction lost benefits, lost income, lost investment funds, loss of information, substitution costs, or any comparative harms, regardless of whether situated in contract, tort (counting carelessness), severe risk or something else, emerging from your utilization of any of the administration or any items obtained utilizing the administration, or for some other case related in any capacity to your utilization of the administration or any item, including, however not constrained to, any mistakes or oversights in any substance, or any misfortune or harm of any sort brought about because of the utilization of the administration of any substance (or item) posted, transmitted.

In any case, made accessible by means of the administration, regardless of whether instructed concerning their chance. Since certain states or wards don’t permit the prohibition or the restriction of risk for important or accidental harms, in such states or locales, our obligation will be constrained to the greatest degree allowed by law.

Limitation of warranties

The information on this website is provided “as is” without any representations or warranties; express or implied Kindly Camera Bags makes no representations or warranties.

Without prejudice to the generality of the foregoing paragraph, Kindly Camera Bags does not warrant that:
The information regarding Services on this website will be constantly available or available at all.
The information on this website is complete regarding Different Services, true, accurate, up-to-date, or non-misleading.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms that are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.

Consent

By using our website, you hereby consent to our disclaimer and agree to its terms.

This document was last updated on May 27, 2022