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 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 three days 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 for some items, 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 $18.00, 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 $45.00 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.
We want you to love what you buy. If for some reason you are unhappy with your purchase and return in within fourteen (14) days of receipt, ken + dana design will offer you a full refund. The item must be returned in a new and unused state and in its original condition and packaging within fourteen (14) days of receipt. Unfortunately, we will not accept any return if the product shows signs of wear, has been used or altered from its original condition in any way. Refunds will be credited to the credit card used for purchase and will take about seven business days to be processed.
Items received as gifts may be returned for an item of equal or lesser value. Gifted items have to be returned in their original condition no later than three (3) months from purchase, along with the receipt issued with the sale. If you do not have a receipt, we are unfortunately unable to accept returns later than fourteen (14) days from receipt of the product. You will receive a store credit via e-mail from ken + dana design. The store credit is good for one (1) year from the date of return and valid towards on-line and studio purchases. Store credit expires after one year. Please note that shipping charges are non-refundable and we do not pay for shipping of items returned to us. Please contact us at firstname.lastname@example.org prior to sending back merchandise with a note on why you'd like a refund/exchange. Please be sure to carefully package each piece with proper padding. We will not be responsible for lost or damaged items during transit.
Please send all returns/exchanges to:
ken + dana design
231 west 29th street. Suite #503
NY, 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 email@example.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 firstname.lastname@example.org 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.