Terms & Conditions
Terms of Service
OVERVIEW
This website is operated
by Kandi Kouture. Throughout the site, the terms “we”, “us” and “our”
refer to Kandi Kouture. Kandi Kouture offers this website, including all
information, tools and services available from this site to you, the
user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here. By visiting our site and/ or
purchasing something from us, you engage in our “Service” and agree to
be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service
apply to all users of the site, including without limitation users who
are browsers, vendors, customers, merchants, and/ or contributors of
content. Please read these Terms of Service carefully before accessing
or using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all
the terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered an
offer, acceptance is expressly limited to these Terms of Service. Any
new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve the
right to update, change or replace any part of these Terms of Service
by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any
changes constitutes acceptance of those changes. Our store is hosted on
Bigcartel Inc. They provide us with the online e-commerce platform that
allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By
agreeing to these Terms of Service, you represent that you are at least
the age of majority in your state or province of residence, or that you
are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use
this site. You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws). You must
not transmit any worms or viruses or any code of a destructive nature. A
breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We
reserve the right to refuse service to anyone for any reason at any
time. You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and
adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over
networks. You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is
provided, without express written permission by us. The headings used in
this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the
sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk. This site may
contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We
reserve the right to modify the contents of this site at any time, but
we have no obligation to update any information on our site. You agree
that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices
for our products are subject to change without notice. We reserve the
right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time. We shall not be liable to
you or to any third-party for any modification, price change, suspension
or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain
products or services may be available exclusively online through the
website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy. We
have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot guarantee
that your computer monitor's display of any color will be accurate. We
reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right
to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited. We do not warrant
that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We
reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors. You agree to provide current, complete and
accurate purchase and account information for all purchases made at our
store. You agree to promptly update your account and other information,
including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as
needed. For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may
provide you with access to third-party tools over which we neither
monitor nor have any control nor input. You acknowledge and agree that
we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or
relating to your use of optional third-party tools. Any use by you of
optional tools offered through the site is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve
of the terms on which tools are provided by the relevant third-party
provider(s). We may also, in the future, offer new services and/or
features through the website (including, the release of new tools and
resources). Such new features and/or services shall also be subject to
these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain
content, products and services available via our Service may include
materials from third-parties. Third-party links on this site may direct
you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we
do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials,
products, or services of third-parties. We are not liable for any harm
or damages related to the purchase or use of goods, services, resources,
content, or any other transactions made in connection with any
third-party websites. Please review carefully the third-party's policies
and practices and make sure you understand them before you engage in
any transaction. Complaints, claims, concerns, or questions regarding
third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you
agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments. We may, but have no
obligation to, monitor, edit or remove content that we determine in our
sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service. You agree
that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal
or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or
contain any computer virus or other malware that could in any way affect
the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments
posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice
(including after you have submitted your order). We undertake no
obligation to update, amend or clarify information in the Service or on
any related website, including without limitation, pricing information,
except as required by law. No specified update or refresh date applied
in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been
modified or updated.
SECTION 12 - PROHIBITED USES
In addition
to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful
acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property
rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload
or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation
of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent
the security features of the Service or any related website, other
websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited
uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We
do not guarantee, represent or warrant that your use of our service
will be uninterrupted, timely, secure or error-free. We do not warrant
that the results that may be obtained from the use of the service will
be accurate or reliable. You agree that from time to time we may remove
the service for indefinite periods of time or cancel the service at any
time, without notice to you. You expressly agree that your use of, or
inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except
as expressly stated by us) provided 'as is' and 'as available' for your
use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or
conditions of merchant-ability, merchantable quality, fitness for a
particular purpose, durability, title, and non-infringement. In no case
shall House Of NV, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors
be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured
using the service, or for any other claim related in any way to your use
of the service or any product, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or
product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability
for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
SECTION 14 - INDEMNIFICATION
You agree
to indemnify, defend and hold harmless Kandi Kouture and our parent,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising
out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
SECTION 15 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforce ability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations
and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes. These
Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you
cease using our site. If in our sole judgment you fail, or we suspect
that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and
including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or
provision. These Terms of Service and any policies or operating rules
posted by us on this site or in respect to The Service constitutes the
entire agreement and understanding between you and us and govern your
use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and
us (including, but not limited to, any prior versions of the Terms of
Service). Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You
can review the most current version of the Terms of Service at any time
at this page. We reserve the right, at our sole discretion, to update,
change or replace any part of these Terms of Service by posting updates
and changes to our website. It is your responsibility to check our
website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]