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
(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 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
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.
RETURN POLICY
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
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 with proper padding. 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. Suite #503
NY, 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.