Retail Website Policies
US Shipping & Charges
Orders under $149.75 will be charged a flat rate of $6.95 for domestic shipping.
Orders over $149.75 (excluding tax) will be shipped for free.
Your items will ship as soon as possible after purchasing, we determine the most efficient shipping carrier for your order. The carriers that may be used are: U.S. Postal Service (USPS), United Parcel Service (UPS) or FedEx.
Special Location Exceptions
- Shipments to APO/FPO addresses require additional processing time after delivery to the military post office.
- Expedited orders shipping to Puerto Rico, Alaska and Hawaii may require an additional day to deliver.
- Rural domestic addresses require one or more additional days to deliver.
Before we can ship your order, we need to verify your card details with your card provider. We do our best to ensure this is completed as quickly as possible. Once you receive your order confirmation email you know that your order has been authorized.
Business Days and Holidays
All orders ship Monday – Friday, excluding federal holidays within the United States.
What We Collect
We may collect the following information:
- Contact information including email address
- Demographic information such as postcode, preferences, and interests
- Other information relevant to customer surveys and/or offers
- Photographs of you, where you consent to us collecting and processing such photos
For the list of cookies we collect see our Cookies Policy below.
What We Do with The Information We Collect
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
We may use your information to contact you where you have requested we do so to inform you that a product you want to order is back in stock.
Sharing Your Data
We may share your information with third parties when:
- it is necessary to involve a third-party service provider in order to facilitate or extend our services;
- explicitly requested by you (e.g. with social media networks);
- required by a court order or any legal or regulatory requirement;
- in connection with the sale or transfer of a business;
- to ensure the safety and security of our users, consumers and third parties;
- to protect our rights and property and the rights and property of our guests and third parties.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
What Are Cookies?
Cookies are tiny text files that are placed on your computer when you visit a website. Cookies enable us to keep track of what you are ordering, to remember you when you return to our website so as to allow us to respond to you as an individual and to analyze activity on our website (www.victorialandbeauty.com) (the “Website”) to provide you with a better shopping experience. A cookie does not give us access to your computer. Nor do we store any information about you, other than the data that you choose to share with us.
Why Do We Set Cookies?
Some cookies are necessary for the operation of the Website, others are optional but help us to provide you with a better experience. Cookies help us provide you with a better Website experience, by allowing us to know which pages you find useful and which you do not.
Where permitted by law, we may combine information we receive from other websites, mobile applications and sources, with information you give to us and information we collect about you, including cookie information.
Terms And Conditions Of Sale
If you are purchasing or have purchased Kind Carded product(s) from a third-party retailer or reseller, these Terms of Sale will not apply and you should refer to the terms and conditions of sale of the relevant retailer or reseller.
Heather Donlan Photography (referred to in these Terms of Sale as “Heather Donlan Photography”, “we”, or “us”) is a company registered in Florida, whose address is at
Heather Donlan Photography
950 3rd Ave N. Ste. B
Naples, FL 34102
Should you have any questions about these Terms of Sale or wish to contact us for any reason, please use the Contact Us section on the Website.
By ordering any Products from us, you confirm that you are: (a) a resident of the United States; and (b) ordering Products for delivery in the United States.
If any of the above is incorrect, you must not order any Product from this Website and we reserve the right, in our sole discretion, to refuse or accept your order.
Product Descriptions and Pricing
All Product descriptions and images shown on the Website are provided in good faith but are intended as guidance only and actual Products may vary accordingly.
The packaging of the product may vary from that shown in images on our website.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Products may vary slightly from those images. The packaging of Products may vary from that shown in images on our Website.
All prices shown on the Website are in United States dollars. Prices shown on the Website do not include applicable sales tax, shipping, gift packaging or other charges, which will be added to any order you place and summarized for you at checkout.
Although we use reasonable efforts to keep prices up-to-date on the Website, we reserve the right to alter prices at any time.
You acknowledge that, as between you and us, Heather Donlan Photography, our licencors and any Heather Donlan Photography Affiliates (defined below) own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Products (“IPR”). An affiliate is any entity that directly or indirectly controls, is controlled by, or is under common control with another entity (Affiliates).
If any IPR vests in you, whether by operation of law or otherwise, you agree to assign and hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Products. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Sale or to establish, perfect, preserve or enforce our rights under these Terms of Sale. You also acknowledge that the Products are intended for your own personal use and that you will not resell the Products to any other persons.
How To Order Products
When you have found a Product on the Website that you would like to buy, please click on the button labeled “ADD TO CART”. This will add your Product to a virtual ” shopping cart” (the “cart”). You can then proceed to pay for the Products in your cart by clicking on the cart icon and then clicking “Checkout”. Alternatively, you can continue browsing the Website and add additional Products to your cart. We reserve all right to change this cart icon to an alternative icon for design purposes. If changed the functionality of that icon will remain the same.
You can see what Products are in your cart at any time by clicking on the cart icon and then the button labeled “View Cart”. If you wish to remove a Product from your cart, simply click on the “X” under the header “Remove” next to the relevant Product. You can pay for the Products in your Bag at any time by clicking the button labelled “PROCEED TO CHECKOUT”.
Once you have clicked on “PROCEED TO CHECKOUT” you will be given the option to Register or Checkout as a Guest. You will then be asked to provide various information necessary to process your order and deliver the Product(s) to you. You can provide this information by filling in the fields requested on the screen. All fields with an asterisk must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy and Cookies Policy.
Our Contract With You
Once you place your order to purchase a Product from us by following the steps outlined above and by clicking the button labeled “Place Order” we will send you an email confirming your purchase. This email will provide you with the details of the order. This is not an order acceptance by us. A shipping confirmation email, will be sent when your order is shipped, which will signal our acceptance of your order. If we are unable to accept your order, we will inform you by contacting the email and/or billing phone number provided at the time you placed your order, and will not charge you for the Product(s). This might be because (i) the Product is out of stock, (ii) we have identified an error in the price or description of the Product; or (iii) we are unable to obtain authorization for your payment; or (iv) because of unexpected limits on our resources which we could not reasonably plan for.
We reserve the right to refuse any order placed with us. We may, in our discretion, limit or cancel quantities purchased.
The contract will be concluded in English.
Payment For The Products
All Products will remain our property until we have received payment in full for those Products. If you return any Products, your refund will be processed only upon receipt by us of the applicable Products.
During the checkout process, you will be asked to complete your payment details. All fields with an asterisk must be completed. We accept most major credit and debit cards. Please note that we will collect, store and use your information in accordance with our Privacy & Cookies Policy.
All card payments are subject to authorization by your card issuer. If your payment is not authorized, we will cancel your order and notify you in writing (which may include e-mail) that we have done so. If for any reason your card issuer cancels payment for the Products after they have been shipped to you, upon written notification from us (which may be by e-mail), you must return those Products to us at your own expense or provide an alternate source of payment for the Products. If you fail to do so within 2 weeks of notification from us, without limiting any other remedies that may be available to us, we may arrange to collect the Products or amounts due from you at your expense (including by use of a third-party collection agency, if necessary).
If we cannot supply you with the Products that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Products.
Delivery Of The Products
Delivery will be to the address specified in your order. If no one is available at the address at the time of delivery, the Products will either (i) be retained by the delivery company for a reasonable period of time and then returned to us or (ii) will be left in your designated “safe place” if you selected this option. If you choose to have your order delivered to a safe place, please select from one of the chosen safe places on the list and ensure that the safe place you choose is protected from the elements and is guarded from public view to avoid damage and theft. However, we can’t guarantee that our carriers will be able to meet these instructions under all circumstances although we will endeavor to accommodate your request. You acknowledge that you are fully responsible for any order left in your chosen safe place.
If Products are returned to us by the delivery company due to their inability to deliver the Products to you, we will issue you with a refund for the Products but reserve the right to retain any costs incurred in arranging for the delivery and return of the Product.
All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you upon delivery to you. Products will be considered delivered once they are left in your designated safe place, if applicable.
We shall be under no liability for any delay or failure to deliver Products if the delay or failure is caused by a third party or is wholly or partly caused by circumstances beyond our control.
Our Liability To You
We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF SALE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS OR REVENUES HOWSOEVER CAUSED ARISING IN CONNECTION WITH ANY ORDER PLACED BY YOU EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall be limited to the amounts paid or payable for the Products.
We will not be liable to you where we breach these Terms of Sale due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, storms, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any federal, state or local governmental authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.
Nothing in these Terms of Sale shall limit our liability for personal injury, death or fraud.
This clause does not affect your statutory rights as a consumer.
Other Important Terms
We may update or amend these Terms of Sale from time to time to comply with the law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website and the date of the most recent update will be noted below.
These Terms of Sale supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
You may not assign or sub-contract any of your rights or obligations under these Terms of Sale to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Sale to any third party at our discretion.
No relaxation or delay by us in exercising any right or remedy under these Terms of Sale shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
If any of these Terms of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Sale shall remain in full force and effect.
Only you and we shall be entitled to enforce these Terms of Sale. No third party shall be a beneficiary of or entitled to enforce any of these Terms of Sale.
These Terms of Sale are governed by the laws of the State of Florida, without regard to the conflicts of laws principles thereof. In the event of any matter or dispute arising out of or in connection with these Terms of Sale, you and we shall submit to the exclusive jurisdiction of the courts of competent jurisdiction located in Naples, Florida.