Terms and Conditions

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1. About

Kian-e LTD (the “Company”) is a digital-first and appointment-based brand focusing on bridal, formal, and semi-formal collections that are made-to-measure and made-to-order. It is an integral part of our vision to provide attires of exceptional value and treat every Customer with attention, care and utmost regard.

Please read these terms and conditions of sale (the “Agreement” or “Terms of Use”) carefully before using the website and services offered by the Company. This Agreement sets forth the legally binding terms and conditions for your use of the website at www.kian-e.com “Website”) and all services provided by the Company on the Website, including the services extended to walk-in Customers.

By using the Website or availing the services offered by the Company in any manner, including but not limited to visiting or browsing the Website, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all individuals who qualify as Customers, both online and walk-in.

To find out more about when and why we collect your personal information, how we keep it, please refer to our Privacy Policy.

2. Application of General Terms and Conditions

Every order placed with the Company is subject to the following general terms and conditions. By placing an order, online, walk-in, or otherwise, you endorse these general terms and conditions of sale and expressly waive the application of your own general terms and conditions (of sale), regardless of whether they have been published or made known. Unless the parties have agreed otherwise in writing, the provisions contained in this document form the integral agreement concluded between the parties, which also applies to order forms and other written documents.

3. Definitions

Calendar Day means any day, including Saturday, Sunday, and all public holidays.

Business Day means any day from Monday to Friday, excluding Saturday, Sunday, and public holidays.

Body Measurement means the measurements taken without any finger spaces or “margin” present. Body measurements are distinct from garment measurements or finished measurements.

Completion Day means the day on which the dress will be completed and photographed for sharing with the customer. It is important to note that the completion day is not to be considered as the dispatch date.

Garment Measurements means the measurements of the finished dress, including any allowances or margins for ease of fit or design details.

Order Confirmation means the written or electronic communication sent by Kian-E LTD acknowledging the customer’s order and receipt of payment, and confirming the details of the purchase.

Customer means the individual or entity placing an order with Kian-E concerning products being offered for sale by Kian-E LTD

Purchase Price means the total amount payable by the customer for the product/order excluding any applicable taxes, shipping charges, or additional services/alterations (if any).

Alterations means any modifications or adjustments made to the product after completion, subject to sole discretion of Kian-E LTD, at the additional cost borne by the Customer.

Intellectual Property means any copyrights, trademarks, designs, or other intellectual property rights associated with Kian-E LTD, and its products and services.

4. Offers

Our offers and/or quotations of price serve to inform the Customer and, unless otherwise specified by the Company in the offer and/or quotation, are typically valid for seven (7) calendar days, insofar as the Company does not send a second offer that replaces the previous one, which may be valid for a period specified therein. The Company, at its sole and absolute discretion, reserves the right to impose a specific deadline, as determined by the Company, by which an offer and/or quotation shall be considered lapsed and no longer valid. The Customer would be duly notified of this deadline by the Company. Offers are made with reservation of sale. In the event of an increase in wages, social security contributions, prices of raw materials, changes in exchange rates, or any other events that may have a material bearing on the change of production costs, our offers may be revised at any time, which may give rise to adjustment of the prices. The Company strives to comply as much as possible with the content of the offer. Price quotations shared with the Customer are always purely indicative and insofar as no additional actions are required for the specified work. Additional actions before the customization can start will be charged additionally based on time and materials.

5. Acceptance

All purchase orders received from the Customer are subject to acceptance by the Company and the Company reserves the right, in its sole and absolute discretion, not to accept any purchase order. Acceptance of any purchase order by the Company is subject to the availability of products and the ability of the Company to deliver such products. The Company’s acceptance of a purchase order shall be evidenced by any of the following: (i) Delivery of an invoice confirmation to the Customer, including the receipt of down payment; or (ii) Receipt of payment, either in the form of advance payment or final payment, as confirmed through official channels such as bank records or payment receipts; or (iii) Communication through authorised mediums, including but not limited to WhatsApp, phone calls, or other agreed-upon communication methods, where the details of the purchase order and payment are acknowledged by the Parties. The Company requires a deposit payment for its formals and festive collection, amounting to 100% of the purchase price, unless otherwise specified. In the case of bridal wear products, a deposit of 50% of the purchase price is required, unless stated otherwise.

It is the Customer’s responsibility to carefully review the purchase order confirmation received from the Company and the attached drawings (where and when applicable) for errors, omissions and/or discrepancies, and to advise the Company in writing of any such errors in the purchase order confirmation within five (5) calendar days of the Customer’s receipt there of, and failure to timely notify the Company of any errors, omissions and/or discrepancies within this five (5) calendar day period of time shall constitute the Customer’s irrevocable approval of the purchase order confirmation. The Customer’s approval of the purchase order confirmation constitutes the Customer’s acceptance thereof, as well as the Customer’s assumption of full responsibility for any errors, omissions, discrepancies and legal compliance in this document and the purchase order confirmation. The Company accepts no liability for any errors, omissions or discrepancies overlooked once the purchase order confirmation has been approved. Any changes to a purchase order requested by the Customer after the Customer’s approval of the purchase order confirmation will be accepted at the discretion of the Company and subject to additional charges, including but not limited to, any additional costs incurred by the Company

6. Measurements

The Customer must provide accurate body measurements; if the Customer sends measurements with ease or margin added the Company will not be responsible for errors as the information provided by the Customer did not follow Company specification. The Company’s technical team will be adding ease/margin on top of the body measurements provided by the Customer. In order to assist the Customer to take correct measurements, a measurement video will be shared explaining how to take the exact measurements. The Company will share final finished measurements via images with the Customer. If the Customer or their authorised representative collects the order locally, the Customer or their authorised representative is responsible to carefully inspect and verify the final finished measurements upon collection. If the Customer or their authorised representativedoes not raise any concern or dispute regarding the final finished measurements shared, it will be treated as an acceptance of the measurements and deemed non-disputable thereafter. TheCompany shall not be heldliable for any errors or discrepancies in the finished measurements once the Customer or their authorised representative has accepted the order upon collection. If the Customer purchases a product based on standard sized measurements, the Company will not be made responsible for any error in the same. Moreover, any alterations made thereafter will be subject to extra charge. Any delays on part of the Customer in providing timely measurements will result in the Company changing the delivery time and status according to internal production timelines.

7. Payment Terms

The Company requires an upfront deposit of the purchase price for purchase orders upon the Customer’s placement of the order, as provided in Clause 4 (above). After three (3) business days of the Company’s receipt of the deposit, the deposit will be non-refundable. Deposit date is counted as day 1 in the 3-day period. Purchase orders received without a deposit are generally held from production pending the receipt of the payment. Unless different payment terms have been extended to the Customer in writing, payment of the balance is due upon completion of the order, prior to shipping. The Company will inform the Customer that the order is complete, together with particulars of balance of the purchase price due upon receipt, through authorised mediums, including but not limited to WhatsApp, phone calls, or other agreed-upon communication methods, and the Customer shall promptly remit payment of the purchase price balance to the Company. For all orders completed and not paid-in-full within fourteen (14) calendar days of estimated completion date, the product will be repossessed by the Company. The Customer acknowledges that they lose any claim over the order given repossession. The Company will not be liable for any damage to the product if it is not collected with 14 days of completion.The Company uses various payment solutions, including banks, financial institutions, PayPal, and Stripe, as its third-party payment processor and by placing an order, the Customer accepts the Terms of Services as stated on the website of respective payment processor. We strongly advise you to read all third-party terms and conditions and privacy policies. Orders completed through PayPal will be redirected to PayPal page.

8. Fast Track Orders

All fast-track orders require 100% upfront payment and delivery charges (if any applicable) to avoid delays in dispatches, unless otherwise agreed by the Company. The Company will require proof of event date at the time of accepting a fast-track order. Bridal fast track orders are defined as those with 90 calendar days or less delivery time, formal fast track orders are defined as those with 60 calendar days or less delivery time.

9. Festive/Fusion and Unstitched Products

The Customer accepts that festive/fusion and unstitched products are made-to-order and therefore cannot be returned. In addition, the Customer cannot alter the cut or the technical aspect of the product.

10. Sales, Customs, Duties, and Similar Taxes

The amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the products hereunder shall be paid by the Customer. For international Customers, product prices displayed or quoted are exclusive of all import duties/custom charges. The Customer is liable for all import duties and taxes levied depending on the country of destination. The Customer acknowledges and agrees that the valuation of products for the purposes of applicable customs, duties, and similar taxes, shall be solely determined by the Company, and the Customer shall not have any authority or control over such valuation. The Company shall accurately value products at their actual purchase price and in compliance with the applicable laws, rules, and regulations.

If the Customer is re-shipping the product for alterations/changes to the order, the Customer is liable to pay for secure courier charges to the Company and the Customer is liable to pay for the export/import customs and duties.

11. Retention of Title

The products remain the property of the Company until full payment. If the Customer fails to make full payment to the Company and collect the products within fourteen (14) calendar days (except of Fast Track Orders, in which case the applicable period is five (5) calendar daysfor collecting the products and paying the remaining balance amount, if any), after notification of completion of order having been sent to the Customer by the Company, the Company reserves the right to sell the goods to a third party for its own benefit, without the Customer having any right to claim compensation and/or reimbursement for this. The advances paid by the Customer shall be used to compensate the possible losses in case of re-sale sustained by the Company.

12. Delivery

The products shall be delivered at the Customer’s indicated address in accordance with the particulars provided by the Customer, if any. If the products could not be delivered for any reason for which the Customer is responsible, for example due to the Customer’s absence at the address indicated, and a second delivery is therefore necessary, the expense incurred for such delivery shall be borne by the Customer. The delivery period confirmed by the Company is indicative and may be revised due to, inter alia, delay caused by the Customer’s failure to timely provide pertinent information required by the Company to complete its obligations under an order, occurrence of Force Majeure Event as described in clause (11) below, or the decision of the Company, in its sole and absolute discretion, to revise the delivery period so as not to compromise the quality of the product. Any revision to the delivery period would be immediately notified to the Customer by the Company. The Customer shall not be entitled to any claim of compensation for damages against the Company for any revision to the delivery period. The production shall only start after receipt of requisite deposit, as outlined in the clauses above, in the accounts maintained by the Company with its third party payment processors, including but not limited to, banks, financial institutions, Stripe, and PayPal. Late payment therefore has undisputable consequences for the delivery period, which is postponed in accordance with the receipt of the payment. The Company would be released from its delivery obligations in case of a Force Majeure Event, and from its liability as a result of late delivery.

13. Force Majeure

The Company is excused for failure to perform its obligations under this Agreement if it is prevented or delayed in performing those obligations by an event of force majeure. An event of force majeure means any event or circumstance, regardless of whether it was foreseeable, that was not caused by the Company and prevents the Company from complying with any of its obligations under this Agreement. For purposes of example, such event of force majeure includes, but is not limited to, acts of God, fires, floods, hurricanes, explosions, riots, wars, acts of terrorism, acts of any governmental authority, strikes and other labour difficulties, internet disruptions, civil unrest and political instability, pandemics, endemics, heatwaves, earthquakes, epidemics or contagious diseases, embargoes or trade restrictions, power outages or electrical failures, cyberattacks or hacking incidents, natural disasters, supply chain disruptions and shortages, legal or regulatory changes impacting operations, transport or logistics disruptions, and other events or circumstances beyond the reasonable control of the Company.

14. Delivery Cost and Risk

Unless otherwise agreed in writing, the delivery costs are always borne by the Customer. The delivery is always at the risk of the Customer, with regard to damage, loss, and possible delays by courier services or mail-order companies. As a standard practice, the Company utilises DHL for its delivery operations. In the event that the delivery costs have increased at the time of delivery beyond the originally charged amount, the Customer shall bear the additional costs and promptly remit the corresponding amount to the Company prior to delivery of the Product. The Customer agrees and acknowledges that in the event of the Customer’s failure to promptly remit the additional amount for increased delivery costs, the Customer shall not have any claim against the Company for any delays caused in the dispatch of the product. It is the Customer’s responsibility to ensure timely payment of any additional costs associated with delivery, as failure to do so may result in delays in the dispatch process.

15. Acceptance of Products and Protest

Acceptance of the products that is not followed by a complaint by email / WhatsApp within five (5) calendar days with specific grievances constitutes the final acceptance of the products. Outside of this period, no further protest is possible. If any defect is found in certain part of the products, this does not mean that an objection can be made to the totality of the delivered products. The Customer does not have any right to replacement, payment of compensation, or refund. No returns can be made without the written permission of the Company. If the Customer discovers any material defects and communicates such grievance to the Company within five (5) calendar days of receipt of products, the products may be delivered to the Company for verification at the expense of the Customer. If the Company’s Quality Control team determines in its sole discretion that an item is indeed defective, the Company will offer an equitable resolution of the matter to the Customer.

All products are subjected to a thorough quality control prior to delivery/shipping. The Customer and third-party shippers shall be solely responsible for any damage, loss or shortages incurred during transit. The Customer must inspect the products upon arrival and make claims for any damage, loss or shortages during shipment or in transit directly to the carrier. The Company is not responsible for any freight related claims, however, may assist the Customer in this process at the Company’s sole discretion. The Company does not accept any product returns or exchanges.

16. Restriction on Chargebacks

By entering into this Agreement, the Customer acknowledges and agrees that initiating a chargeback with their bank at any time during the course of performance of obligations under this Agreement after making the payment in accordance with the obligations assumed by the Customer under this Agreement or after delivery of the products to the Customer is strictly prohibited. If the Customer initiates or attempts to initiate a chargeback request at any time, whether during the course of performance of obligations under this Agreement or after delivery of the products to the Customer, it shall be considered a material breach of this Agreement. In the event that the Customer initiates a chargeback, the Customer acknowledges and agrees that the Company shall have the right to take immediate legal action to recover any losses incurred as a result of the chargeback. Such losses may include, but are not limited to, the cost of the products, any chargeback fees imposed by financial institutions, and legal fees associated with enforcing this clause.

Furthermore, the Customer acknowledges and agrees that the Company reserves the right to report the chargeback incident to appropriate credit reporting agencies, which may negatively impact the Customer's creditworthiness. While placing an order and depositing the purchase price with the Company, the Customer acknowledges that they have read, understood, and agreed to this chargeback restriction clause, and that they will be held fully responsible for any breaches of this clause. The Customer understands and irrevocably agrees that in case of initiation of any chargeback requests, the terms and conditions provided in this Agreement shall have an overriding effect over any other terms and conditions, including those of banks, financial institutions, payment gateway providers, or any other third party. This chargeback restriction clause is intended to protect the Company against fraudulent chargebacks and to ensure the fair and respectful resolution of any disputes that may arise during the course of this Agreement.

17. Cancellation or Termination

The Customer must provide the Company with a written request for any cancellation within three (3) business days, counting day 1 as the date of acceptance. The Company will attempt to accommodate requests for cancellations at the earliest. All deposits are non-refundable after three (3) business days of deposit. If work has been performed within those three (3) businesses days, any costs incurred by the Company will be charged to the Customer. All fast track orders are non-refundable from the date of acceptance. After the lapse of three (3) business days, the Customer has no right of withdrawal, cancellation, or termination of the Agreement and therefore the Customer cannot revoke the Agreement as this is an Agreement for custom-made products.

18. Dissolution

If the Customer fails to fulfil its obligations, the dissolution of the Agreement shall be established by operation of law at the expense of the Customer for the whole or for the part not yet executed. The Company also reserves the right to discontinue all outstanding services for the Customer and/or its permitted assigns.

19. Conformity in the Execution

The Customer accepts that the digital representation is purely indicative, and only provides and approximate picture of the product. Execution in accordance with the digital design is therefore only guaranteed under the proviso that deviations are permitted within certain limits, in terms of quantity, quality, composition, colour shades, firmness, shrinkage, shifts in dimensions and measurements, fabrics, positions of printing, proportions, etc. The Customer accepts that the printing and/or embroidery process as well as the production process may cause slight changes. The Customer acknowledges and agrees to the possibility of slight defects of workmanship in handcrafted or custom-made products during the execution process, which may include, but are not limited to, small stitching irregularities or minute variations in finishing such as pinning marks, etc. The Customer may not invoke such minor changes, variations, or slight defects of workmanship to claim damages, initiate chargebacks, raise disputes, refuse products and/or demand dissolution of the Agreement. The Company is not liable for the way in which the medium behaves during various treatments in connection with the preparation, printing and/or finishing of the work.

20. Sample Sale Products

All sample sale products are non-refundable; the Company takes utmost care of its products that are marked for sale and are in good condition apart from general wear and tear. Sample sale products are not to be considered as brand-new products. Sample products have been on display in the Company's showroom.

21. Copyrights and Confidentiality

Designs, sketches, creations, plans, disclosures, specifications, patterns, technical or business information, scale models and other models made by the Company remain the sole property of the Company and may not be reproduced without written permission. The Company can under no circumstances be held liable with regard to claims concerning intellectual property rights, which are submitted by third parties with regard to orders that the Company executes for a client.

The Customer shall hold all such information in strict confidence, shall not use or divulge to any third person or entity any such confidential information, and any and all copies of such confidential information shall be returned to the Company promptly upon the Company’s request.