Terms & Conditions
Welcome to k-kane.com (the “Site”). The Site is provided as a service to our customers. You must be age 16 or older to use the Site. The following terms and conditions govern your use of the Site (the “Agreement”)
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 we make a change to or cancel an order, we will attempt to notify you by contacting the email 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.
Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by K Kane LLC.
The Site and the Contents are intended solely for personal, non-commercial use. You may not download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote K Kane’s products and services available in the United States. The Sites are controlled and operated by K Kane from its offices in New York, New York.
ERRORS, INACCURACIES, AND OMISSIONS
Information on our Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
K Kane is pleased to hear from you and welcomes your comments regarding our products and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by K Kane’s employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at K Kane through any communication channel.
If you send certain specific submissions at our request (for example, customer reviews or photographs), post comments, photos, reviews or other content on the Site, or without a request from us you send creative ideas, suggestions, customer reviews, photographs, 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 your Comments in any medium. K Kane is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments. You may not repost, republish, or redistribute Comments outside of the Site.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy 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 Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead K Kane or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. K Kane takes no responsibility and assumes no liability for any Comments posted by you or any third party.
PERSONAL INFORMATION SUBMITTED THROUGH THE SITE
All K Kane pieces are handmade limited editions or one-of-a-kind pieces – inherent in the handmade nature of our jewelry is a certain degree of variation in finishing. With that said, all K Kane pieces undergo strict quality control to ensure that they meet our requirements.
K Kane stands behind our products. If you have a concern about a particular product, please call us at 646.559.4935.
ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT OF PERMITTED BY LAW.
Payment in full is required at the time your order is placed.
All domestic orders are shipped via UPS or Fedex. International orders are shipped via USPS Priority Mail International or USPS Priority Mail Express International. Please note that when placing an International order, you are responsible for handling any local import duties, taxes and fees upon the arrival of your order. Title to and risk of loss to products shall pass to you upon shipment. Neither the time, method, or place of payment, method of shipment, form of shipping document, manner of consignment, nor place of acceptance of Buyer’s order shall alter the foregoing.
RETURNS & EXCHANGES
Due to the highly customized nature of our pieces, all K Kane sales are final with the exception of our Chain Letter Neon Bracelets, which can be returned in their original condition within 7 business days. No other returns, exchanges or refunds of any kind are permitted.
TERMINATION OF AGREEMENTS
K Kane reserves the right to terminate a custom design agreement, whether such agreement is written or oral, express or implied. No refunds shall be offered, where any service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to K Kane which constitute payment in respect of the provision of services that have not yet begun, shall be refunded.
When you register with k-kane.com or send e-mails to us, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT, PROPERTY & REPRODUCTION
k-kane.com's content, including, without limitation, all designs, images, text, logos, graphics, data, and software, is the exclusive property of K Kane LLC and is protected by all applicable laws. Photos and designs may not be reproduced, transmitted or printed for any commercial purposes. Downloading any content, information, images, logos, text, tags, or coding contained within the site constitutes a violation of this site's Terms and Conditions.
K Kane is the sole owner of all custom designs, which may not under any circumstances be reproduced elsewhere or transmitted without the express permission of the company. We will prosecute to the full extent of the law anyone found to be using K Kane’s designs for any reason.
CHANGES TO WEBSITE; INTERRUPTION
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site. You acknowledge and agree that the services provided through our website may be interrupted for many reasons, and you further acknowledge and agree that K Kane shall not be liable for any damages or losses (including, without limitation, special or consequential) for any such interruptions.
We may amend these Terms & Conditions at any time and without any prior notice.
You agree to defend, indemnify, and hold K Kane harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Informal Dispute Resolution. Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and K Kane agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent: (1) to K Kane at K. Kane LLC c/o Ross Pitcoff Law, 250 Park Avenue, 7th Floor, New York, New York 10177 or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and K Kane agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Arbitration Agreement. To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute must be resolved through binding individual arbitration. You and K Kane agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and K Kane expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to: K Kane LLC c/o Ross Pitcoff Law, 250 Park Avenue, 7th Floor, New York, New York 10177.
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. K Kane will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. Arbitration shall take place in New York, New York, unless we elect otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, without regard to any conflict-of-law rules or the United Nations Convention on Contracts for the International Sale of Goods. The arbitrator shall not be bound by rulings in prior arbitrations involving different Site users, but is bound by rulings in prior arbitrations involving the same Site user to the extent required by applicable law. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
In lieu of arbitration, either you or K Kane may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. Also, even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in any related or unrelated lawsuit, including modifying an individual claim to assert a class, representative or multi-party claim. Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered.
Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations must proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. However, to the extent permissible by applicable law, any relief must be individualized to you and shall not affect any other customer. You and K Kane agree that each may bring claims against the other in arbitration only in your or K Kane’s respective individual capacities and in so doing you and K Kane hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If it is decided that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim, then that claim (and only that claim) must proceed in court and be severed from any arbitration.
Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or K Kane. You may terminate this Agreement at any time. K Kane. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
SEVERABILITY AND SURVIVAL
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This Agreement and Arbitration Agreement are governed by the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of K Kane's right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Site.