Terms & Conditions

Terms of service

This website is operated by Kate Kelly (Kaper is her business name). Any reference to ‘I’ or ‘Kaper’ refers to Kate Kelly.

These Terms and Conditions apply to all users of this site.

Kate reserves the right to make updates, change or replace any part of these Terms of Service as and when necessary.

The website and shop is hosted by Squarespace.

Payment in the shop is through Paypal.

1: Copyright

Material on this website, including text and images, is protected by copyright, owned by Kate Kelly.

It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. Any infringement of these rights will be treated seriously.

2: Online Shop Terms

By agreeing to these Terms of Service, you must be at least the age of majority in your state or province of residence, or have given your consent to allow any of your minor dependents to use this site.

You may not use Kaper products for any illegal or unauthorized purpose.

3: General conditions

Kaper reserves the right to refuse service to anyone for any reason at any time.

4: Prices

Kaper reserves the right at any time to modify or discontinue any service without notice at any time. Kaper is not liable to you or to any third-party for any modification, price change of products or service.

5: Products or Services

Lots of products are available exclusively online through this website. These products or services have limited quantities and are subject to return or exchange only according to the Return Policy.

Kaper has made every effort to display colours and textures as accurately as possible in the images of products that appear at the shop. Kaper cannot guarantee that your computer monitor's display of any colour will be accurate.

6: Billing and Account Information

Kaper reserves the right to refuse any order you place. In the event that a change or cancel of an order occurs, Kaper may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made on this website.

For more detail, please review the Returns Policy.

7: Errors, Inaccuracies and Omissions

Occasionally there may be information on this website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Kaper reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

8: Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to submit false or misleading information; (d) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Kaper reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

9: Disclaimer of Warranties; Limitation of Liability

Kaper does not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk.

In no case shall Kaper, service providers, subcontractors, or suppliers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service. 10:Entire Agreement

The failure of Kaper to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted on this site constitutes the entire agreement and understanding between you and Kaper and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written, between you and Kaper (including, but not limited to, any prior versions of the Terms of Service).

11: Governing Law

These Terms of Service and any separate agreements shall be governed by and in accordance with the laws of England and Wales and/or the European Union.

Changes to Terms & Conditions

Kaper reserves the right, at her sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information 

Questions about terms or policies should be sent to kaperkate@gmail.com

Her postal address is: 8 Wagstaff Drive, Failsworth, Manchester M35 9GH

Privacy policy

This policy describes how personal data about you is collected in accordance with the General Data Protection Regulation (GDPR).

Only basic personal data about you is collected when you purchase via the shop or join the mailing list. Under GDPR, Kaper is known as the “Controller” of the personal data you provide.

When you make a purchase or attempt to make a purchase through the Site, certain information is collected from you, including your name, billing address, shipping address, payment information (including credit and debit card numbers), email address, and phone number. This may be referred to as “Order Information.”

Additionally, when you visit kapermenagerie.com, certain information is automatically collected about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, it collects information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.

Why your data is collected

Your basic personal data in order to process orders or to keep in touch with you if you’ve joined the mailing list. No unnecessary personal data from you is collected.

Where is it kept?

Squarespace, who power the website, shop, and The Menagerie email list, store data in the USA and Canada.

How long your data is kept

Information is stored only for so long as it is required for the purposes it was collected for. All customer details collected during the sale of a sculpture will be deleted once any legal obligations have passed.

Mailing list subscribers can opt out at any time by click on the ‘unsubscribe’ link at the end of the emails.

Payment card information is never stored.

Delivery information

Each sculpture is carefully packed and sent in a sturdy box. My sculptures travel all the time through the postal system, they are much more durable than they look.

All small sculptures travelling within the UK are sent via Royal Mail 1st Class Signed For, which is a next day delivery service. Larger pieces are sent via Royal Mail Special Delivery. This is a fully insured overnight service. Larger items and those travelling overseas most frequently travel with Parcelforce using a fully tracked service. You will receive a notification when your sculpture is on its way.

Items delivered outside the UK could be subject to import duties and taxes*. These are charged at destination and are the responsibility of the individual receiving the goods. Please contact your local customs office for further details before purchasing if you are concerned.

Please note: Kaper cannot be held liable for any import duties or taxes that may be imposed.

Postage within the UK is free.

Additional charges apply for all international shipping, automatically applied at checkout.

*EU buyers please take note: Brexit has taken hold and caused chaos for many a small business. Despite spending several days trying to unpick how it will impact deliveries in the EU, as yet we have no reliable answer. Your purchase may be subject to customs duties, tax and handling fees upon delivery. Payment of these is the responsibility of the buyer, as stated in the website terms.

Please do not make a purchase unless you are happy to pay any additional landing charges that may be imposed.

What if your piece arrives damaged?

Please check the box on arrival!!

Every piece is packaged and posted to withstand their journey. However, if an item arrives damaged, please take photographs of the parcel before opening and notify me by email within 24 hours of delivery. Please do not sign the "Received in good condition" declaration if you haven’t examined the exterior of the parcel or if it is damaged. We won’t be able to refund if the parcel is signed as being “received in good condition” but is later found to be damaged. It is incredibly unlikely that a piece will arrive beyond repair.

What if you are unhappy with your purchase?

Each sculpture is one of a kind, sold as seen. The measurements, descriptions and photos of each piece are as accurate as possible. Please refer carefully to these details before purchasing. If you have any questions or want to check the details, please do so before buying. I am more than happy to supply additional photos to ensure you are happy.

Unfortunately, Kaper cannot offer returns on commissions or pieces made to order.

If you wish to return a sculpture purchased via the online shop, please email me and arrange for the return of the sculpture (both within 14 days of delivery). The cost and condition of returned sculptures are the customer’s responsibility, and the sculpture remains the responsibility of the customer until it reaches us. (Returns must be packaged in the original box and have all packaging reapplied using the same method in which it arrived. The customer must use a tracked and signed for method, insured to the full amount of the purchase price.) Kaper will issue a full refund on returned sculptures that meet these conditions minus our postage fees, unless the item has been damaged in transit. 

I want you to be completely happy with your sculpture, so please get in touch via email if you have any concerns. You can find me at kaperkate@gmail.com

Returns policy

Each sculpture is one of a kind, sold as seen. The measurements, descriptions and photos of each piece are as accurate as possible. Please refer carefully to these details before purchasing. If you have any questions or want to check the details, please do so before buying. I am more than happy to supply additional photos to ensure you are happy.

Every piece is packaged and posted to withstand even the clumsiest of postman. However, if an item arrives damaged, please take photographs of the parcel before opening and notify us by email within 24 hours of delivery. Please do not sign the "Received in good condition" declaration if you haven’t examined the exterior of the parcel or if it is damaged. We won’t be able to refund if the parcel is signed as being “received in good condition” but is later found to be damaged. 

Unfortunately, I cannot offer returns on commissions or pieces made to order.

If you wish to return a sculpture purchased via the online shop, please email and arrange for the return of the sculpture (both within 14 days of delivery). The cost and condition of returned sculptures are the customer’s responsibility, and the sculpture remains the responsibility of the customer until it reaches us. (Returns must be packaged in the original box and have all packaging reapplied using the same method in which it arrived. The customer must use a tracked and signed for method, insured to the full amount of the purchase price.) We will issue a full refund on returned sculptures that meet these conditions minus our postage fees, unless the item has been damaged in transit. 

Cancelled orders that have already been shipped will be treated as returns using the policy above.