Use of Materials on this Web Site
We have created this Site to inform you about us and our products. This Site is for your personal, non-commercial use. You may download or print a copy of any material on this Site for your own non-commercial, educational, private or domestic use. However, you must leave all proprietary notices, in particular intellectual property notices like copyright ©, trademarkTM, intact and do not modify, delete or change them. Everything you see or read on the Site, including images, photographs, any person represented in the designs, photographs, illustrations, icons, texts, video clips, written and other materials ("Material") is protected by applicable copyright, designs, trademark and other intellectual property legislation, nationally and internationally. Unauthorized use of our Material may infringe copyright and trademark laws, as well as other applicable laws and statutes.
We care about our Site and Material - do not sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Material in any way for any public or commercial purposes. We are excited about press, links, and any attention our products and our site garners. If you wish to use our Material, contact us at email@example.com.
Your permission to use the Material will automatically terminate and any copies made of the Material must be immediately destroyed if you breach any of these Terms. Unauthorized use of our Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All contents of this Web Site are either copyright (c) Ken & Dana Design or are licensed for use by us. All rights reserved.
We are excited to receive pictures, emails, comments and other correspondence. Please note that we will treat any unsolicited communication or material you transmit to us via the Site, by email or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions ("Communication"), or the like as non-confidential and non-proprietary. We will obviously treat your private data for orders and product inquiries confidentially.
You automatically grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display these Communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and you allow us to sublicense all of these rights to anyone. You allow us, our partners and other third parties affiliated with us to use anything you transmit to us for any purpose. This includes, but is not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
We do our best to ensure that the information we provide on the Site is accurate and complete. However, we do not warrant or represent that our Material is accurate, error-free or reliable or that any use of our Material will not infringe rights of third parties. The use of the Site is at your own risk. We do not warrant that the functional and/or technical aspects of the Site or our Material will be error free or that this Site, the Material or the server that makes it available are free of viruses or other harmful components. We are not responsible for the costs you may incur if your use of this Site or Material results in the need for servicing or replacing property, material, equipment or data. Without limiting the foregoing, everything on the Site is provided to Users "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.
Links & Linking
We may link to other web sites operated by third parties not affiliated with us. While we like our partners and friends, a link does not imply our endorsement of those sites. We have not reviewed all of the sites linked to our Site and we are not responsible for the content or accuracy of any off-site pages or any other sites linking to our Site. Please note that linking to any other off-site pages or third sites is at your own risk. If you wish to link to us, please contact us at firstname.lastname@example.org.
You agree that we may terminate your access to and use of the our Site if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of this Agreement, or violated any of our rights. You agree that we may modify or discontinue this Site, with or without notice to you and that we will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.
Limitation of Liability
Under no circumstances whatsoever shall we be liable for any loss arising out of or in connection with the use of information available from this Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if you we have been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.
Unless otherwise specified, the information and materials in the Site are presented solely for the purpose of promoting our products and services and allowing to present our products for sale. We make no representation that our Material is appropriate or available for use in every country of the world. You use this Site at your own risk and you are responsible for compliance with applicable local laws. Please keep in mind that access to our Material may not be legal by certain persons or in certain countries. We endeavor to ship our products to many parts of the world. However, not all of our products are available worldwide. If you would like to purchase our products outside of the United States, please contact us by email. Any cause of action you may have with respect to this Site must be commenced within two years after the claim or cause of action arises.
Applicable law and Jurisdiction
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the State and County of New York. Our waiver of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
TERMS OF SALE
If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Conditions of Sale and place an order for you. If you, for any reason, cannot lawfully enter into a contract and place an order, this order shall be null and void. Through this platform, we sell to end-user Customers only and reserve the right to cancel orders which are or can reasonably be assumed to be for commercial re-sale. Wholesale or international customers, please contact us directly.
All orders placed on the Website are subject to availability and acceptance of your order by Ken & Dana Design. Because our products are handmade, we may change the assortment of items offered and to limit the quantity of items that may be purchased without prior notice. Please browse the product pages of the Website or contact us by telephone or email to discover products that are currently available for sale.
During checkout, you will be required to provide valid and up-to-date personal information, including your legal name, shipping address, billing address, e-mail address and payment details. We may collect additional information for security and anti-fraud purposes. You represent and warrant that the personal information you provide to via the Site is true, valid, complete and up-to-date in all respects, and you confirm that you are the person referred to in the shipping and billing information provided. Please note that we use personal information only to process shipping and will not share this information with any third parties unless required to by law. We will only use your personal information for marketing of Ken & Dana Design products and events if you expressly consent to such use.
Online orders are processed by Jaded Pixel Technologies Inc. via the platform Shopify, a third party not affiliated with us (“Shopify”). Your personal information submitted during the order process will be handled by Shopify in accordance with Shopify's terms and conditions and privacy rules, which you can find here. http://checkout.shopify.com/legal/privacy.html. We are not responsible for Shopify's handling of your personal data.
PRICES, TAX AND SHIPPING COSTS
All of our prices are shown on the product pages of the Site and are in U.S. Dollars. Prices and shipping costs shown on the Site are valid at the time your order is placed. We may modify prices and delivery costs at any time without prior notice. Actual shipping costs and applicable taxes will be reflected in the Order Confirmation. Shipping costs and estimated sales taxes are not stated on the product pages and will be added to the product price after you have chosen your delivery options and before your order is finalized.
REVIEW AND CONFIRMATION
When you place an order through the Site or by telephone, you are making an offer to Ken & Dana Design to purchase the products in accordance with these Conditions of Sale. Please carefully check all details before placing your order through the Site. Once you have confirmed all details and placed your order, we will send you an email to acknowledge that we have received your order. Upon shipping of your order, we will send you another email to confirm your order (“Order Confirmation”). Once you receive this Order Confirmation, the offer and acceptance process is concluded and a sales contract is executed.
PROOF OF AGREEMENT
Our Order Confirmation sent by email upon shipping is deemed to be received when you are able to access it on your computer, mobile or handheld device. The Order Confirmation will be proof of a binding agreement between you and Ken & Dana Design. We strongly encourage you to keep a copy (electronically and/or on paper) of all information associated with your order.
We make our products by hand. The following shipping schedules are shipping alone. Please add an extra four weeks from our receipt of your order. If you need your jewelry less than 4 weeks from your order date, please contact us directly and we will try to accommodate you.
We insure each purchase during the time it is in transit until it is delivered to you. We require a signature by an adult to confirm your acceptance of each Ken & Dana design product delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Ken & Dana Design and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. Tracking records indicating delivery shall be evidence of delivery and fulfillment of the sale contract by Ken & Dana Design.
REPLACEMENT/DAMAGED GOODS (SHIPPING)
We insure all products during transit and take great care to ensure they do not get damaged in transport. All shipments have tracking numbers, and delivery requires the signature of recipient or an adult legally residing in his household. Upon delivery, we are not liable for loss or destruction of the product. Should our product be damaged during transport, please notify us immediately upon receipt, but no later than fourteen (14) business days after your receipt. We will replace the goods at no charge to you or issue a full refund. Please note that replacement is subject to availability and the turn around time varies, depending on the product. Refunds will be issued to the credit card use for purchase.
At Ken & Dana Design, each piece of jewelry is created with the highest ethical standards and superior craftsmanship. You can shop with confidence, knowing that if for any reason you are not satisfied, you may take advantage of our 14 day return + exchange policy. All you have to do is pay for return shipping. (The item must be returned in its original, unworn condition within 14 days of the initial shipment. Each piece must be returned in the original packaging with all of the original documentation. Items that are special order, customized/altered, have been repaired/re-sized, or have been previously exchanged are not returnable or exchangeable. Please note that shipping charges are non-refundable and we do not pay for shipping, duties or taxes of items returned to us.
How to return an order:
Please contact us at email@example.com prior to sending back merchandise with a note on why you'd like a refund/exchange. Please be sure to carefully package each piece in its original packaging with the proper padding. The package must also be insured for the total purchase amount. We will not be responsible for lost or damaged items during transit.
Please send all returns/exchanges to:
Ken & Dana Design
243 West 30th Street, 10th Floor
New York, NY 10001
Our jewelry is made by hand and some components may be unavailable for older items. In addition some materials for one of a kind pieces may not be available. We will repair all products within one year from the purchase date to the best of our abilities. Aging and wear and tear are not considered a defect of our jewelry and do not entitle you to a repair. For products older than one year, we will assess a repair fee, which is contingent upon material availability and the nature of the repair. Please email firstname.lastname@example.org before sending any products for repair.
CANCELATION OF PURCHASES BY TELEPHONE
If you decide you do not want the goods or services ordered by telephone, please inform us immediately. You may cancel the sale contract by mailing a notice to email@example.com right away. The notice must state that you do not want the goods, specify the goods and it must be emailed or mailed before midnight of the third business day after you receive our email acknowledging the order. Should you receive the products, you must refuse the delivery or return the products immediately, i.e. within three business days, upon receipt. We will use reasonable efforts to refund the full price you paid, no later than ten (10) days after receipt of your request to cancel the order.
WARRANTIES / LIMITATION OF LIABILITY
KEN & DANA DESIGN USE REASONABLE EFFORTS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PUT ON OUR SITES, IN ADVERTISEMENT OR SHARE ON THE TELEPHONE. HOWEVER, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY, RELIABILTY AND COMPLETENESS OF THIS INFORMATION. THIS INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE, AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THIS INFORMATION, OR ANY TRANSACTION THAT MAY BE CONDUCTED ON OR THROUGH THIS SITE OR BY TELEPHONE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL DIRECT DAMAGES PROVEN IN A COURT OF LAW. WE MAKE EVERY EFFORT TO ENSURE THAT PHOTOGRAPHICAL OR OTHER REPRESENTATIONS OF THE PRODUCTS ON OUR SITE ARE TRUE TO THE COLOR, DESIGN, AND STYLE OF THE ORIGINAL PRODUCT. SLIGHT VARIATIONS MAY OCCUR. WE ARE NOT LIABLE FOR ANY ERROR OR INACCURACY OF OUR PRODUCTS DISPLAYED ON THE SITE.
At our request, you agree to defend, indemnify and hold harmless Ken & Dana Design, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Conditions of Sale by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account or account login. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
The Conditions of Sale (as amended from time to time) constitutes the entire agreement between you and Ken & Dana Design and supersede any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Ken & Dana Design in relation to such matters. In the event any other rules, code of conduct, or other matter posted on the Site conflicts with the terms of the Conditions of Sale, the Conditions of Sale shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions of Sale.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Conditions of Sale, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in the State and County of New York.