WEBSITE TERMS OF USE
Please read these terms
carefully, because the use of all pages hosted at kenanddanadesign.com,
including our shop ("Site") is subject to the following Terms of Use
("Terms"). From time to time, we, ken + dana design | 231 w29th street
NYC 10001, may revise these Terms, so please review them regularly. By using
the Site, you assent and agree to these Terms. If you do not agree, please do
not use our Site.
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 info@kenanddanadesign.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.
Copyright Notice
All contents of this Web
Site are either copyright (c) ken + dana design or are licensed for use by us.
All rights reserved.
Users' Submissions
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.
Disclaimer
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 info@kenanddanadesign.com.
Termination
You agree that we may
terminate your access to and use of the our Site if we reasonably believes 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.
General Provisions
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.
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TERMS OF SALE
GENERAL
Thank you for your interest
in our products, we appreciate your business. The following are our terms and
conditions, which, together with the Terms of Use of our Site (http://shop.kenanddanadesign.com/pages/terms-of-use)
(together, “Conditions of Sale”), will govern our relationship with you when
you buy from us through any Site on kenanddanadesign.com,
shop.kenanddanadesign.com (the “Site”) or by telephone. When you place an order
by telephone or on the Site you guarantee your compliance with these Conditions
of Sale and you accept that these Conditions of Sale will govern our
relationship. Please review these Conditions of Sale on a regular basis and
before any purchase. We may modify them from time to time, at our sole
discretion. If you do not agree to the Conditions of Sale or any change hereto,
please do not order from us. If you are a wholesale customer, please contact us
directly.
PURCHASING
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.
PRODUCT AVAILABILITY
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.
PERSONAL INFORMATION
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.
SHIPPING POLICY
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 a
week from your order date, please contact us directly and we will try to
accommodate you.
Once we have created your jewelry, which can take up to four weeks, you have the following shipping options: We charge $8.00 for ground shipping of goods in the continental United States. If you choose ground shipping, your order will be delivered within 5 to 7 business days. You may choose three day air shipping for $12.00, in which case you will receive the goods within three business days. For shipping within two business days, we charge $15.00, overnight delivery is $30.00. Shipping charges are in addition to the price of our products. Please note that these delivery times are estimates and actual delivery depends on the carrier, and may vary.
For international shipping, we charge between $25.00 and $65.00 depending on the region. We will confirm shipping charges for international before processing your order. Local duties and import taxes may apply outside of our charges. You will be responsible for any customs duties or clearance for all shipments. Currently we are only equipped to handle online orders from Europe, North American, Hong Kong, Japan, & Australia. Please contact us directly if you live outside of these regions.
We insure each purchase during the time it is in transit until it is delivered to you. For anything but ground shipping, 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.
If you choose ground shipping, responsibility for your purchased goods passes to you at the time the carrier indicates delivery in their tracking system. 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.
RETURN POLICY
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. Be sure to keep the tag on your item
until you’re sure you’d like to keep it.
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 returns@kenanddanadesign.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
ATTN: RETURNS
231 west 29th street. #503
New York, NY 10001
REPAIR POLICY
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 repairs@kenanddanadesign.com for a Repair Tracking
Number (RTN) 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 sales@kenanddanadesign.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.
INDEMNIFICATION
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.
ENTIRE AGREEMENT
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
No waiver by us shall be
construed as a waiver of any proceeding or succeeding breach of any provision.
GOVERNING LAW
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.
