Kovalya · Terms of sale
These terms govern every order placed on kovalya.com. Please read them, and print or save them before you order. They start with the rules that apply to the whole store, then set out what is specific to our bedding and to our jewelry.
01Who you are buying from
kovalya.com is operated by Kovalya.
| Seller | Kovalya |
|---|---|
| Address | 4174 Granville St, Hubbards, NS B3K 5M1, Canada |
| contact@kovalya.com — answered within 24 business hours | |
| Market served | Canada |
| Currency | Canadian dollars (CAD) |
| Store hosting and payments | Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland |
02Definitions
- "Site" — kovalya.com and all of its pages.
- "Products" — everything that can be bought on the Site, in two families: bedding and jewelry.
- "Seller", "we", "us" — Kovalya, as identified in section 01.
- "Customer", "you" — anyone who buys a Product on the Site.
- "Consumer" — any individual who buys a Product for personal, family or household use, and not for a business.
- "Personalized Product" — any Product made or finished to your specification: an engraving, a first name, an initial, a date, a message, a chosen birthstone or pendant.
03Scope and acceptance
The Site sells bedding and personalized jewelry online, delivered in Canada only. Browsing is free. Buying a Product means you accept these terms in full.
We may change these terms at any time by publishing a new version. The version that applies to you is the one in force on the day you order.
By accepting these terms you confirm you have the legal capacity to do so. If you are a minor, you confirm you have your parent's or guardian's permission.
Information about the publisher and host of the Site, how we handle personal information, and the rules for using the Site is in our Legal Notice, our Terms of Use and our Privacy Policy.
04Customer service
Reach us by email at contact@kovalya.com, or through our Contact page. Please include your first and last name, what your message is about, and your order number.
05Placing an order
The Products on offer are the ones shown in the catalogue on the Site, each with a description we write ourselves.
Photographs are illustrative and may differ slightly from the item you receive, because screens, lighting and camera angles vary.
How an order is placed
- 1. You add one or more Products to your cart.
- 2. On the cart page you check the details and correct anything that is wrong before confirming. If you are ordering a Personalized Product, this is where you check your spelling.
- 3. You enter your contact details.
- 4. You choose the shipping option offered.
- 5. You enter your payment details and billing address.
- 6. A full summary shows the total price. You can still change anything before you confirm, and you are responsible for the accuracy of what you enter.
- 7. The sale is formed once you have confirmed the order, accepted these terms and paid.
A confirmation email summarising your order is sent immediately after payment is validated.
06Prices, taxes and payment
All prices are in Canadian dollars (CAD).
No tax is added at checkout: the total shown on the payment page is the total due. Nothing further is charged on delivery.
We may change our prices at any time, but the price shown in the catalogue on the day you order is the only one that applies to you.
You can pay by Shopify Payments (Visa, Mastercard, Maestro), PayPal, Shop Pay and the supported digital wallets. Card payments are handled through secure transactions provided by our payment providers.
Product availability is shown on each product page. We keep order records and invoices on a reliable and durable medium; both parties accept computerised records as proof of the communications, orders, payments and transactions between them.
07Delivery
We deliver anywhere in Canada, to every province and territory. We do not ship outside Canada. Tracked shipping is free on every order.
Delivery times differ by product family:
| Product family | Preparation | Shipping | Total |
|---|---|---|---|
| Bedding — Kids Neck-Support Pillow | 1 to 2 business days | 5 to 10 days | Up to 12 days |
| Jewelry — rings, necklaces, bracelets, duo sets | — | 5 to 10 business days | |
These timelines are estimates. They depend on the postal services and can be affected by weather, strikes and busy periods. Deliveries to remote regions and territories can take a few extra days.
Receiving your parcel
If the parcel is handed to you in person, you may refuse it if you see a problem (damage, missing product, damaged packaging). Any problem must be written on the delivery slip as a reservation and signed by you. If the parcel is left in your mailbox, please check it straight away and contact us if anything is wrong.
If the postal service returns a parcel to us, we contact you to agree what to do next. If you refused the parcel by mistake, you can ask us to send it again once you have covered the new postage, even on orders where shipping was free.
Full details are on our Shipping & Returns page.
08Cancellation, returns and refunds
In Canada, the law does not provide a general cooling-off period for online purchases: each merchant sets its own return policy. Kovalya gives you thirty (30) days from delivery to ask for a return, an exchange or, where applicable, a refund.
The Product must come back unworn, unused, in its original packaging and in perfect condition. Unless the Product is faulty or not as described, return postage is at your cost. We recommend a tracked service: without it, no investigation can be opened with the postal service if the parcel does not reach us.
Refunds are issued to the payment method used for the original transaction. We may hold the refund until we receive the Product, or until you show that you have sent it.
The detailed procedure is in our Refund Policy.
09Bedding — specific terms
Kids Neck-Support Pillow
30 nights to try it
We give you 30 nights to try the pillow, counted from the day it is delivered. If it is not right, we refund you without asking for a reason and without requiring any justification.
On a trial return, return postage is at your cost. If the pillow is faulty, damaged or not as ordered, return postage is at our cost.
Hygiene exception
10Jewelry — specific terms
Rings · Necklaces · Bracelets · Duo sets
Personalized jewelry is excluded from the right of withdrawal
This covers every Personalized Product as defined in section 02: engraving of a first name, an initial, a date or a message, and the choice of a birthstone or a pendant. Such a Product is manufactured to your specification, is unique to you, and can never be offered for sale to another customer.
By confirming an order that contains a Personalized Product, you acknowledge this exclusion and accept that the Product cannot be returned once manufacturing has begun. Please check your spelling and your choices carefully before confirming.
Non-personalized jewelry
Jewelry with no engraving and no personalization remains returnable under the general conditions in section 08.
Free size exchange on rings
As an exception, a wrong ring size gives you the right to a free exchange for the same model in another size, once per order, within thirty (30) days of delivery. The ring must be unworn (trying it on is fine) and returned in its original packaging; only the cost of sending the first ring back is yours. For Personalized Products, this exchange applies instead of a refund.
Worn jewelry and gift cards
For hygiene reasons, jewelry that has been worn or damaged cannot be taken back. Gift cards are not refundable.
11Warranties
Legal warranties
Our Products carry the legal warranties provided by the consumer protection laws of the province where you live. Those warranties mean in particular that the goods:
- must be fit for the purpose for which they are normally used;
- must match the description given and any statement we made about them;
- must remain usable for a reasonable length of time, given their price, the contract and the conditions of use.
These legal warranties apply automatically and cannot be set aside by these terms. Nothing here limits a Consumer's mandatory rights.
Kovalya commercial warranty
On top of that, we warrant our Products against manufacturing defects for thirty (30) days from delivery, under normal use, excluding damage caused by an external factor (impact, prolonged contact with chlorinated water, cosmetics, unsuitable use). Within that warranty we replace the defective item or refund it.
If a delivered Product does not match your order, you can return it and we exchange it. If an exchange is impossible (out of stock), we refund your order. In that case the cost of the exchange or refund procedure, including return postage, is ours.
12Liability
We are not liable for failing to perform the contract where the cause is an event beyond our control.
For the Products bought, we are not liable for indirect damage, loss of business, loss of profit or costs that may arise. The choice and purchase of a Product is your responsibility.
You use the Site at your own risk. We cannot be held liable for:
- indirect damage, in particular loss of profit, loss of custom or loss of data, arising from use of the Site or from being unable to use it;
- a malfunction, an unavailability, or the misuse or misconfiguration of your own device;
- the content of advertisements, links or external sources reachable from the Site.
We are not liable where a Product differs slightly from the images on the Site because of display settings. None of these limits applies where it would conflict with mandatory consumer protection law.
13Events beyond our control
Events beyond our control are those neither party could reasonably foresee or avoid and which make performance impossible: natural disaster, major storm, fire, epidemic, a general postal strike, or a decision of the public authorities.
Such an event automatically suspends performance of the order. After ninety (90) days, if the situation persists, either party may cancel the order and terminate the contract, with a full refund of everything paid. Neither party can then claim damages.
14Intellectual property
Everything on the Site belongs to us or is used with the owner's permission. All text, illustrations, images and video reproduced on the Site are protected by copyright and trademark law.
No one may reproduce, exploit, redistribute or use any part of the Site, even partially, without our express written consent. Any link must be removed on request.
Reproducing, displaying or adapting our logos, text, photographs or video is strictly prohibited and exposes the author to the civil and criminal remedies provided by law.
15Personal information
We collect your information in order to process and track your order, to contact you about it, and to improve the Site and our Products.
The information collected is processed by the contractors who prepare and deliver the Products, and by Shopify International Limited, which hosts the store and processes payments.
We keep it only for as long as necessary for those purposes and for our accounting and tax obligations.
You have the right to access, correct and delete your information, and to withdraw your consent, by writing to contact@kovalya.com. Full details are in our Privacy Policy.
16Reviews and content you send us
If you send us ideas, suggestions or other material ("feedback"), whether we asked for it or not, you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and use that feedback on any medium.
We are not obliged to keep feedback confidential, to pay for it, or to reply to it. We may monitor, edit or remove any content we consider, at our sole discretion, unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable.
You agree not to post content that infringes anyone else's rights, not to use a false email address and not to pretend to be someone else. You remain fully responsible for what you post and for its accuracy.
17Severability
If any provision of these terms is found unlawful, void or unenforceable, it is treated as severable and does not affect the validity of the remaining provisions.
These terms replace all earlier agreements, written or oral. You may not assign, transfer or sublicense them.
18Governing law and disputes
Kovalya sells to customers in Canada. These terms are governed by the applicable laws of Canada and of the province or territory where the Consumer lives, and the courts of the Consumer's place of residence have jurisdiction. Nothing in these terms deprives you of the protection of the mandatory consumer laws of your province.
Settling it amicably
If something goes wrong, please contact us first at contact@kovalya.com. The vast majority of situations are settled in a single exchange. If we cannot find a solution, you can contact the consumer protection body of your province — for example the Office de la protection du consommateur in Quebec — or the Office of Consumer Affairs of the Government of Canada.
Going to those bodies does not prevent you from taking your dispute to the competent courts.
Fraud
We reserve the right to take action against any attempted fraudulent purchase, or any purchase made with a stolen, forged or unauthorised credit card.
