Terms & Conditions

1. DEFINITIONS

"Goods" – any product ordered from the Seller

"Seller / Our / Us / Kindred" – the transacting legal entities in Canada.
"Customer / You / Your" – the Individual, or authorized representative of a legal entity who has placed a formal order with the Seller
"Total Order Price" – total combined price of goods, shipping, duties, promos, discounts, and taxes where applicable

 

2. ORDERS & ORDER CONFIRMATION

  • An ORDER is created when you submit a confirmed order through our online checkout, (or alternatively, submit an Order Confirmation form)
  • Kindred will issue you a Purchase Order Confirmation "POC" (either through Shopify or via email)
    1. The POC will contain a list of the products ordered along with detailed specifications, confirmed artwork and an invoice for the Total Order Price.
    2. This process clarifies order details to avoid possible confusion, so we only manufacture exactly what you require, and you have a clear understanding of costs.
    • Unless agreed upon otherwise in writing: your order is considered confirmed only when:
      1. You have confirmed and paid for an order online AND received a confirmation email from Kindred
        OR
      2. You have returned to Kindred a signed Purchase Order Confirmation AND payment has been made in full.
    • Delays in any of the above may result in forfeiting production space and your required delivery date.
    • Changes to any part of an order prior to confirmation also voids any promises on lead time, delivery date or pricing

     

    3. LEAD TIMES

    • "Stock" orders refer to orders for products carried in inventory. These will typically deliver within 1-2 weeks depending on 3rd party shippers
    • "Made to Order / MTO" orders refer to orders for products NOT carried in inventory (custom labels, print-before-sew, not-standard colors or patterns etc.)
    • MTO orders will have a pre-agreed lead time or delivery date based on order requirements and production capacity.
    • Lead times and delivery dates for MTO orders are only considered final / valid once we have:
    1. Checked and confirmed your order details and artwork files on the POC
    2. A signed Order Confirmation is returned to Kindred
    3. Size and pattern breakdowns have been communicated (especially important for apparel products)
    4. Any required pre-payments have been received on their specified due dates
    5. Delays in any of the above may result in forfeiting production space and your required delivery date.
    6. Changes to any part of an order prior to confirmation also voids any promises on lead time, delivery date or pricing

     

    4. ARTWORK

    • ARTWORK is to be supplied as per SCREEN PRINTING specifications which can be downloaded here: https://link.joyya.com/Printing-Guidelines. Please read these guidelines carefully before submitting your design.
    • Customers get 3 free digital product mockups after which additional design charges will apply
    • Printing costs are based on your supplying correct spec, ready-to-print files.
    • Customers must make a reasonable effort to work with the Kindred design team to provide or create designs and approve the mockup to meet the agreed production schedule.
    • Customers are responsible for ensuring they have legal rights to use all elements (text and art) of any designs they submit to Kindred

     

    5. PRICING & QUOTES

    • Online Pricing is subject to change and reflects the current, active price. Prices may be updated online with no notice, at Kindred's discretion. Online Prices are not locked in until a confirmed order is submitted and confirmed by the seller issuing a POC
    • Offline Price Quotes are valid for a period of 30 calendar days from the date of initial quotation
    • Since some orders take longer than 30-days to confirm, prices may be updated after 30 calendar days of the initial quotation

     

    6. ORDER CANCELLATIONS & AMENDMENTS

    • Extra Costs (including Production or Shipping costs) incurred by changes and delays caused by Customer requests will be borne by the Customer.
    • Once an Order is confirmed – no refunds of deposits or payments will be issued if the Customer cancels the order.
    • Amendments cannot be made to order specifications once production has commenced.
    • Kindred, at its sole discretion, may choose to accept an amendment or cancellation to a confirmed order, on any terms mutually agreed upon
    • In the event of a "force majeure" (i.e., Acts of God, riots, wars, rebellions, earthquakes, fires, floods, accidents, storms, strikes, labor disturbances, national emergencies, freight company issues, government failure, new rules or regulatory acts, plane crashes, pandemics, and other events outside the control of Kindred and/or its partners) that prevents Kindred from delivering the goods ordered by the agreed delivery date, Kindred may cancel the order without penalty.
    • Excluding circumstances under force majeure, if a supplier of raw materials, freight services, manufacturing or other necessary items fail to deliver on time and jeopardizes Kindred's ability to meet a scheduled delivery date, AND if the delay would render the products unusable for the purpose they were ordered, (e.g., An immovable conference date will be missed), the Customer may cancel the order without penalty.

     

    7. SHIPPING & CARRIER INSURANCE

    • Kindred uses a variety of third party carriers for all international and domestic shipments
    • Unless specified otherwise in writing by the Customer, Kindred will use the lowest cost shipping option available for any delivery AND the Total Order Price will include door-to-door shipping
    • It is the Customer's responsibility to ensure they are able to receive packages from the selected carrier
    • Kindred may quote product and shipping/freight separately or combined (depending on the order)
    • Size and pattern breakdowns must be communicated (especially important for apparel products) to provide accurate shipping costs.
    • The risk of loss and damage of the products ordered passes to the Customer upon delivery to the address specified on the POC
    • Kindred shall ensure insurance is obtained to cover the Total Order Price during transit. The cost of insurance will be included in the Total Order Price.

     

    8. DUTIES & TAXES

    • If the Customer is purchasing in Canada - unless agreed otherwise in writing, duties levied at the point of entry into the country will be included in the Order Price.

    • Otherwise, if the Customer is purchasing anywhere else in the world
      1. All duties and taxes are the sole responsibility of the customer and will not be included in any price quotation or the Total Order Price unless otherwise specified
      2. Customers may engage the 3rd Party Shipping company to pay duties and taxes on their behalf
      3. Kindred's customer care team will offer support and advise to the customer on how to pay duties & taxes when possible

     

    9. TITLE & OWNERSHIP

    • Title to Goods shall remain vested in Kindred and shall not pass to the Customer until the purchase price for the Goods has been paid in full and received by Kindred

     

    10. RECOVERY OF COSTS

    • The Customer shall pay or reimburse Kindred all costs and/or expenses incurred in relation to instructing a legal professional and/or debt collection agency to recover any amount overdue for payment and such costs and expenses may bear interest of 15% p.a. from the date that the invoice was due for payment until the date of actual payment.

     

    11. FAULT & DEFECT REPORTING

    • Goods should be inspected upon arrival for any damage or defects beyond published Kindred  and manufacturer Joyya's tolerances
    • A defect rate above Kindred and manufacturer Joyya's published thresholds, must be reported to Kindred within 5 working days of receipt of goods. The defect report should include (to the extent possible) clear pictures and data explaining the nature and extent of the defect.
    • Upon receipt of a defect report, Kindred will negotiate a refund. Kindred may request additional information to help it evaluate defects
    • Kindred is under no obligation to provide replacement products due to defects at any time, but may offer to replace products when circumstances allow
    • Defects reported after this time are excluded from any remediation process.

     

    12. DISPUTES

    • In the event of a dispute arising, both parties will act in good faith to resolve it as amicably and quickly as possible. If this is not possible, an independent arbitrator will be appointed by agreement between Kindred and the Customer. The arbitrator's findings will be binding on both parties and the arbitrator's fees will be borne in equal shares.


    Created and published on January 1st, 2024