OUR TERMS & CONDITIONS
Kasa Designs Shop
A Legal Disclaimer
At Kasa Designs, we believe in transparency, which is why we encourage you to review our terms and conditions carefully. These guidelines include important disclaimers regarding our products and services and intend to help you make informed purchases. By browsing, interacting or shopping with us, you're agreeing to these terms, so please familiarize yourself with them for a smooth experience. This terms and conditions apply to all interactions and transactions on this Site, kasadesignsshop.com and any subdomains.
Terms & Conditions
TERMS OF SERVICE
Welcome to Kasa Designs Shop, our shopping Site. Access to and use of this Website (the "Site") and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all the Terms of Service, as may be updated by us from time to time. Please read it carefully and check this page regularly to take notice of any changes we may have made to the Terms of Service.
PRIVACY POLICY
Our Privacy Policy, incorporated by reference in these Terms of Service, stipulates how we will collect and use personal information you provide to us. By using this Site, you agree to be bound by the Privacy Policy, and warrant that all data provided by you is accurate.
TERMS OF SALE
By placing an order on this Site, you are offering to purchase a Product or Service and are subject to the following terms of sales. All orders are subject to availability and confirmation of the order price.
1. Our Process
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email is an acknowledgement and does not constitute an acceptance of your order. Your order is accepted when payment is confirmed, and we send you confirmation by e-mail that the products that you ordered are being processed or being shipped to you.
2. Product Description
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are complete, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition subject to the terms of our Return Policy.
3. Pricing
All final prices will include state tax, where applicable as well as shipping charges. All such additional charges are clearly displayed where applicable and included in the 'Total Cost' on the checkout page.
4. Payment
When we receive your order, we will carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Products will not be shipped until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
5. Discount Codes
1. Account discount codes: - From time to time we may offer Discount Codes to account holders or subscribers. Such codes may only be applied to purchases made through the account to which the discount codes was offered and registered.
2. Free Shipping codes: – From time to time, we may offer Free Shipping codes to account holders; such codes may only be applied to purchases made through the account to which the free shipping code was offered and registered.
The conditions of use relating to any discount codes will be specified at the time of issue.
6. eGift Cards
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eGift Cards purchased in the United States do not expire.
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We’ll email your eGift Card either as soon as payment has been cleared or on your specified delivery date whichever is latest.
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From time to time, eGift Cards may be caught in spam filters, and it’s up to the recipient to check these filters. We are not responsible if an eGift Card cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
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Limitation
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eGift Cards cannot be returned or redeemed for cash value, reloaded with additional value, resold or transferred for value.
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eGift Cards are issued in United States currency and can only be used to shop on KasaDesignsShop.com.
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eGift Cards cannot be used to purchase other eGift Cards.
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eGift Cards are not valid until 24 hours after the order for the Gift Card is submitted or after payment is confirmed, whichever is earliest.
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Promotions and other special offers may not be used to purchase eGift Cards.
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eGift Cards are available in pre-set denominations. Currently, it is only possible to input a custom Gift Card value up to a limit.
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Risk of Loss
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The risk of loss and title for eGift Cards passes to the purchaser upon delivery of the eGift Card to the purchaser or designated recipient, whichever is applicable. Kasa Designs Shop will not replace lost, stolen or destroyed eGift Cards.
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We do not accept any responsibility for stolen or deleted eGift Cards.
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If you are the purchaser, please ensure the delivery email address you enter is accurate. We will not be held liable if an eGift Card is used by someone other than your recipient if the email address entered is incorrect. Make sure your recipient has received their eGift Card, as it is their responsibility to keep the card details safe.
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If you accidentally delete or misplace your eGift Card, we will be able to disable it if you inform us promptly before it is used by someone else.
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Fraud
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Kasa Designs Shop will have the right to close customer accounts and bill alternative forms of payment if we suspect that a fraudulently obtained eGift Card is redeemed and/or used to make purchases.
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We reserve the right to make changes to these terms and conditions.
7. Linking to this Kasa Designs Shop Site
You may link to Kasa Designs Shop home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you shall not establish a link in such a manner as to suggest any form of association, approval, or endorsement on our part where none exists.
You Shall not establish a link from any website that you do not own.
You shall not frame this Site on any other websites. We reserve the right to withdraw linking permission without notice.
8. Prohibitions
You shall not directly or indirectly take any action to unduly stress the Site, including by way of example and not limitation, launching or facilitating any denial of service attack on the Site, or using any scraper, robot, spider, or other automated mechanism to access and harm the Site or download content. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any website linked to it.
9. Disclaimer as to ownership of trademarks, images of personalities and third-party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Site are in no way associated, linked or affiliated with Kasa Designs Shop and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Site are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Kasa Designs Shop.
10. Indemnity
You agree to indemnify, defend and hold harmless Kasa Designs Shop, its owners, directors, officers, employees, consultants, agents, representatives, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Site or your breach of the Terms of Service.
11. Variation
Kasa Designs Shop shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Site.
12. Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
13. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the Federal laws of United Sates of America and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the State of Georgia courts.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
COPYRIGHT
All content included on this Site, such as text, graphics, logos, button icons and images, is our property or the property of our content suppliers, service providers, and protected by United States and international copyright laws. All software used on this Site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content.
If you do post content, reviews, or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR PURCHASING OF PRODUCTS, DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OWNERS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT (B) YOUR USE OR INABILITY TO USE THE SERVICE (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a merchant of a product or service that you review using the website, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
MODIFICATION OF TERMS AND CONDITIONS
We can amend these Terms and Conditions at any time and will update these Terms of Service in the event of any such amendments. You must check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms and Condition. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage or sending an email to the email address provided to us. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement. You agree that any cause of action related to or arising out of your relationship with Kasa Designs Shop must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Georgia, without regard to conflict of law provisions. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY AT [PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
ENFORCEMENT
If for any reason you fill we have not adhered to our terms and conditions or you have any questions, please contact us.