When using this website, you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company; Pynk Kandi Located in Houston Texas in The a United States of America’s. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing American Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Orders placed by you on the websitewww.pynkkandi.com (the “Website”) for the products offered by us through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by e-mail by us to you.
You are the individual or individuals placing the order (‘you’, ‘your’). You must be 18 years or over to enter into a contract with us by placing an order with us, you confirm that you are 18 years or over.
If you are not yet 18, you agree that you have obtained the bill payer’s permission to enter in to a contract with us.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.
After you have placed an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to verify the delivery or payment information you have supplied we may restrict delivery to the address to which your credit or debit card is registered.
We accept all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron) and PayPal payments.
Your credit card or other account detailed at 4.1 above will be debited when you click on the “confirm” button.
Any credit card used for payment must be in the name of the person ordering and the same card must be carried at the time of delivery - it may be required for verification and obtaining signature on a credit card charge form for delivery.
All payments are processed through third party payment gateways using PCI Encryption.We do not store credit card details nor do we share customer details with any 3rd parties.
Deliveries are made to the delivery address given at time of order. Customer accepts full responsibility for ensuring accuracy of information provided.
You accept and agree that we will not be held liable for deliveries that are delayed.
You accept and agree that we will not be held liable for deliveries that go missing. However we will make like for like replacements if a delivery goes missing due to the fault of a 3rd party (i.e. courier) after a sufficient time period has elapsed and after you agree to assist us in any subsequent investigations for compensation from said 3rd party.
We do not deliver to PO Box or hotel addresses.
As stated in Clause 10 within this Agreement, we will only refund outbound postage costs for the least expensive common/standard delivery method. The cost of expedited and priorty services will not be refunded over and above that of the least expensive common/standard delivery method.
This warranty is valid only to the original purchaser when a new piece is purchased from us.
This warranty is invalidated if you allow a third party to repair or attempt to repair any item.
In the event of a dispute as to the cause of damage, we reserve the right to send the Product to a mutually agreed independent third party assessor to determine the nature of the defect. Only if their judgement indicates a defect in material or workmanship will we repair the item.
This warranty does not cover expenses incurred by you due to a lack of proper care of your product.
Please keep your proof of purchase documents – they will be required for in order to procure warranty service in the event you wish to make a warranty claim.
Please notify Pynk Kandi within 14 days of purchase in the event that you wish to claim a replacement for a defect.
LIMITATION OF LIABILITY
As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.
Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:
provided that this shall be subject to an overall limit of the total amount paid to Pynk Kandi under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.
The above limits on liability shall apply in respect of (any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses 12 Intellectual Property)
Each party's liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:
loss of profits;
loss of business opportunity;
loss of goodwill;
loss of data;
loss of anticipated savings; or
any special, indirect or consequential loss or damage whatsoever.
The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.
Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:
fraud or fraudulent misrepresentation; or
any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 or Consumer Rights Act 2015; or
any other liability to the extent the same cannot be excluded or limited by law.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks;
the acts, decrees, legislation, regulations or restrictions of any government; and
pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
RETURNS & REFUNDS
Our Returns Policy applies to all purchases made on Pynk Kandi and are incorporated by reference in these Terms.
Returns and Exchange Policy
If you are not entirely satisfied with the product purchased, you can return within 10 days for exchange. Does not apply to international orders.
The value of the refund or exchange is limited to the total cost of the returned item(s).
If you wish to return a Product to us, either under the rights provided by the Regulations or if you believe the Product is damaged or is the subject of a fault, and you are relying upon your statutory rights and/or you believe that the Product is covered by our warranty, you should not make further use of the Product. Use of the product can in circumstances outside of the Regulations lead to a reduction in the amount of refund you may be entitled to.
To initiate a return within 14 days (UK)/30 days (International) of the receipt of your goods, the following process must be followed:
To initiate a return within 14 days (UK) or 30 days (International) of the receipt of your goods, please head to: www.pynkkandi.com/returns
Return all original packaging,
Address your package after receiving details from us as to the returns address.
Contact us if your item is faulty/wrong.
Quality checking/assessment will take place once the item(s) are received.
Once received and checked you will receive an email (quoting your Returns reference number) which will confirm any further course of action if necessary.
This website and its content is copyright of PYNK KANDI All rights reserved.
Pynk Kandi respects and rigorously abides by intellectual property laws. Accordingly, Pynk Kandi rightfully expects the same of all parties who use our website. Pynk Kandi and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, colour schemes, graphics, graphic styles, text, images and video/audio sequences) displayed on this website. Any unauthorized copying, publication, reproduction or distribution of copyrighted works is an infringement of the copyright owners' rights and is therefore prohibited. You may not, except with our express prior written permission (on whatever terms we deem appropriate), distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Any unauthorized use of Pynk Kandi ’s (without limitation) patents, trademarks, service marks, logos, slogans, screen shots.
If you are a legitimate copyright owner who believes that your rights have been infringed upon in any way through the content or services provided on this website, please notify us at:
We reserve the right to make changes, without prior notice, to any products or services mentioned on this site at any time.
These Terms and Conditions and your use of this site will be governed by and construed in accordance with American law.
Please note that nothing contained in these Terms and Conditions of Sale in any way affects your statutory rights.
Questions about these terms and conditions should be directed to Info@pynkkandi.com
PROJECT ASSIGNMENT CONDITIONS
DEFINITION AND INTERPRETATION
1.1 In these Conditions the following definitions apply:
"Business Day"means a day other than a Saturday, Sunday or bank or public holiday in The United States Of America
"Company" means Pynk Kandi owed and operated in Houston Texas in the United States of America
"Company Products"means those Products which are manufactured by the Company and marketed by Pynk Kandi including but not limited to the garments specified in the Project Assignment;
"Competing Products"means any Product other than a Company Product;
"Competitor"means any company listed in clause 1.5 of the Project Assignment;
"Fees"means the sums set out in clause 5 of the relevant Project Assignment;
"Influencer Channels"means the social media, platforms and channels which are controlled by the Influencer and in relation to which the Influencer agrees to distribute the Influencer Materials as further described in the relevant Project Assignment;
"Influencer Materials"means any and all content and materials produced by or on behalf of the Influencer as a result of the performance of the Services featuring, endorsing and/or otherwise referring or relating to the Company and/or its Products (including the copy (including social media posts), blog, vlog, audio visual recording, sound recording, photograph or image described in the Project Assignment) in any medium or in promotional, sponsorship, advertising or marketing material relating to the Company Products in any and all media;
"Influencer Image Rights"means the name, likeness, branding, image, voice or signature of the Influencer, content relating to the Influencer, copyright material, data and biographical details.
"Pynk Kandi" means the online fashion business of that name owned and operated by the Company;
"Products" means fashion and leisure wear created, manufactured and sold by Pynk Kandi
"Project Assignment"means a document to be agreed in writing by the parties and which shall set out the detail of the Services to be performed by the Influencer, including the Fees to be paid for the Services;
"Services"means the services to be provided by the Influencer as set out in the relevant Project Assignment(s);
"Term"means the period specified in the Project Assignment);
1.2 In these Conditions:
1.2.1 a reference to this Contract includes its schedules;
1.2.2the clause, paragraph, schedule or other headings in this Contract are included for convenience only and shall have no effect on interpretation;
1.2.3 a reference to a 'party' includes that party's successors and permitted assigns;
1.2.4 words in the singular include the plural and vice versa;
1.2.5any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
1.2.6a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form [(excluding email)];
1.2.7a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under this Contract; and
1.2.8a reference to legislation includes all subordinate legislation made from time to time under that legislation.
2.1The Company engages the services of the Influencer in connection with the marketing, advertising and promotion of the Company’s Products in accordance with these Conditions and the relevant Project Assignment. The Influencer shall provide the Services to the Company and create the Influencer Materials. Each Project Assignment signed by duly authorised representatives of each party shall form part of the Contract.
2.2The Influencer shall ensure that any Influencer Materials distributed by or on behalf of the Influencer on Influencer Channels in connection with the Services shall be reasonably transparent to users as being marketing in accordance with advertising regulations, including by:
2.2.2where such functionality exists on a social media platform, clicking any relevant box (or use other similar functionality as the social media platform provides) when posting the Influencer Materials to indicate and/or declare that the Influencer Materials are paid-for content; and
2.2.3including any specific disclosures or form of words set out in the relevant Project Assignment.
APPROVAL OF INFLUENCER MATERIALS
3.1The Influencer shall submit all Influencer Materials to the Company for prior approval and the parties agree that the Company shall have final editorial control over the Influencer Materials provided that the Company shall only be entitled to request amendments to edit the way in which its brand is featured or mentioned in the Influencer Materials and in order that the Influencer Materials comply with all applicable laws and advertising regulations. The Influencer shall not publicly release and/or make available any Influencer Materials which have not been approved by the Company in accordance with this clause 3.1.
3.2At any time upon written request, the Influencer shall promptly remove and delete: all Influencer Materials posted by or on behalf of the Influencer in connection with the Services from any or all Influencer Channels (as applicable); and all references to and associations with the Company on the Influencer Channels or elsewhere.
4.1The Company retains ownership of all intellectual property rights subsisting in the Company’s brand and its products. During the Term of this Contract, the Company grants a non-exclusive, worldwide, royalty-free licence to the Influencer to use the intellectual property rights in the Company’s brand, products and any other materials in each case solely as provided by the Company to the Influencer to the extent required for the Influencer to perform the Services.
4.2The Influencer grants to the Company an exclusive, royalty-free, perpetual licence throughout the world to use, adapt, copy, reproduce, modify and exploit the Influencer Materials in connection with the endorsement, promotion, marketing or advertising of the Company and/or its products, in each case with an appropriate credit given to the Influencer in relation to the applicable Influencer Materials.
4.3The Influencer grants to the Company all necessary consents under applicable law (including the Copyright, Designs and Patents Act 1988) to enable the Company to make the fullest possible use of the Services, the Influencer Image Rights and the Influencer Materials as contemplated in this Contract.
4.4The Influencer irrevocably and unconditionally waives, in perpetuity, all moral rights in Influencer Materials and all similar rights under the laws of any jurisdiction whether now existing or conferred in the future.
FEES AND EXPENSES
5.1Subject to the Influencer rendering the Services in accordance with these Conditions, the Company agrees to pay to the Influencer the Fees as set out in the relevant Project Assignment.
5.2The Fees shall be inclusive of all use fees, residuals, repeat fees, re-use fees, royalties or other payments whatsoever. The Influencer acknowledges and agrees that the Fees are also inclusive of any/all of the Influencer’s travel, accommodation and any other expenses.
5.3The Company shall pay all undisputed invoices submitted by the Influencer within 10 Business Days of the date of receipt (unless otherwise agreed in writing between the parties).
5.4All amounts payable under this Contract shall be inclusive of sales, use, value added, goods and services, and all other similar taxes (but not including withholding tax), if any, imposed by a governmental entity for any taxable supply provided under this Contract.
WARRANTIES AND INDEMNITY
6.1.1the Influencer Materials are the Influencer’s original works and use by the Company of the Influencer Materials and Influencer Image Rights in accordance with the terms of this Contract shall not infringe the rights of any third party;
6.1.2the Influencer is entitled to enter into this Contract and has full power and authority to grant the rights expressed to be granted under this Contract and the Influencer is exclusively entitled to give all assurances, confirmations, waivers and agreements set out in this Contract to enable the Company to exploit the Influencer Image Rights and Influencer Materials as described in this Contract without making any further payment other than as expressly set out in this Contract;
6.1.3 the Influencer Materials shall comply with:
188.8.131.52all applicable laws (including data protection laws), regulations and binding codes of practice, including advertising regulations; and
6.1.4the Influencer Materials shall not include any personal data (as defined in the General Data Protection Regulation (EU) 2016/679) of any third party;
6.1.5the Influencer shall render the Services diligently, and to the best of the Influencer’s skill and ability in willing co-operation with others and in the manner reasonably required by the Company or by its appointed representatives;
6.1.6the Influencer shall not be in breach of any agreement with or of any obligation to any third party by reason of entering into this Contract and performing the Services and the Influencer has obtained all necessary consents to enter into this Contract and to grant the rights purported to be granted herein and to perform its obligations set out herein;
6.1.7the Influencer shall not at any time do or say anything which is or may be considered by the Company to:
184.108.40.206be detrimental or prejudicial to or to affect adversely the name, image, reputation or business of the Company or any of its products; or
220.127.116.11 bring the Influencer, the Company or any of its products into disrepute;
6.1.8the Influencer shall not, for the duration of the Term, provide services which are similar to (or the equivalent of) the Services to any direct competitor of the Company, or in relation to any products or services which are similar to or substitutable for the Company’s products or services;
6.1.9the Influencer shall be solely responsible for all income tax and national insurance contributions due in respect of the Fee; and
6.1.10the Influencer shall not without the prior written consent of the Company make any statement or disclosure or supply any confidential information to any party relating to the Company or its products within the Influencer’s knowledge by reason of the rendering of Services under this Contract.
6.1.11The Influencer shall indemnify and hold harmless the Company from and against any and all liabilities, losses, claims, demands, damages, costs and expenses (including reasonable legal costs and expenses and VAT) suffered or incurred directly or indirectly by the Company in consequence of any breach or alleged breach by the Influencer of any warranties contained in this Contract
LIMITATION OF LIABILITY
Nothing in this Contract shall limit or exclude either party's liability for death or personal injury resulting from negligence, for fraud, or for any other liability which cannot be excluded by applicable law.
Any unauthorized use of Pynk Kandi’s (without limitation) patents, trademarks, service marks, logos, slogans, screen shots, graphics, graphic styles, designs, blog posts, copyrighted materials or any branded features (Pynk Kandi Proprietary Property") without the prior written permission of Pynk Kandi is strictly prohibited. If you infringe upon Pynk Kandi s rights with respect to any Pynk Kandi Proprietary Property, you will be ordered to cease such illegal activity and you may be liable to Pynk Kandi for any and all damages (including recovery of legal fees and expenses) which may be suffered and/or incurred as a result of your infringement.
Subject to clause 7.1, and save in relation to any indemnity granted by the Influencer under this Contract (the Influencer’s liability for which shall be unlimited), the aggregate liability of the Influencer in respect of the Company or its affiliates arising out of or in connection with this Contract, whether under contract, tort (including negligence), misrepresentation or otherwise, shall be limited to an amount equal to the Fees.
Subject to clause 7.1, the aggregate liability of the Company in respect of the Influencer and arising out of or in connection with this Contract, whether under contract, delict or tort (including negligence), misrepresentation or otherwise, shall be limited to an amount equal to $5,000
Terms and conditions apply. Exclusions apply. Discount has already been applied to all Sale items. Not to be used in conjunction with any other offer or discount code. Discount valid from 08:00 04/01/2020 Discount does not apply to delivery charges. Offer subject to availability. Pynk Kandi reserve the right to cancel or alter any promotion.
Email promotion - 10% OFF 10% off discount applied at checkout upon entering code provided. One time usage. Cannot be used in conjunction with any other discounts, offers or promotions. Excludes outlet, gift cards and delivery charges. Pynk Kandi reserves the right to modify or cancel this promotion at any time without notice
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