| TERMS AND CONDITIONS OF USE/PRIVACY
POLICY
The content, merchandise and services made available to you on this
site are provided by KAHLA Porcelain USA in accordance with the following
terms and conditions of use and privacy policy (“Terms and
Conditions”). The Terms and Conditions constitute an agreement
between you and KAHLA Porcelain USA in respect of your use of this
site, and your use of this site is conditioned upon your acceptance
of the Terms and Conditions without modification. Your use of this
site constitutes your acknowledgement and acceptance of the Terms
and Conditions in their entirety.
Ownership of Site Content -- Copyrights, Trademarks
and Restrictions on Use
This site and all of the content made available on it, including
all merchandise, designs, illustrations, photographs, graphics, articles,
text, video and audio, all other copyrightable material, all trademarks,
trade names, service marks, logos and domain names, and all other
forms of intellectual property (“Content”), are owned
by KAHLA Porcelain USA or third parties, and are protected from unauthorized
use, copying and dissemination by copyright, trademark, publicity
and other laws and international treaties. KAHLA Porcelain USA grants
to you a non-exclusive, limited purpose license to access and view
this site, and to print selected pages that appear on this site for
your own personal reference and non-commercial use, but not to otherwise
use the Content in any manner not expressly authorized in these Terms
and Conditions. Nothing contained in these Terms and Conditions may
be interpreted to grant to you any other license or right to access
or use any of the Content without the prior written consent of KAHLA
Porcelain USA or any third party owner of the Content. UNAUTHORIZED
USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING,
OR ANY OTHER MISUSE, OF ANY OF THE CONTENT IS STRICTLY PROHIBITED.
As a user of this site, you agree not to use the Content for any
unlawful purpose, and not to violate KAHLA Porcelain USA's rights,
or any third party owner’s rights, in and to the Content.
KAHLA Porcelain USA® and KAHLA USA® are registered trademarks
of KAHLA/Thüringen Porzellan GmbH.
Establishment and Use of Your Account
Upon completing the registration process and establishing an account with us,
you will be responsible for maintaining the confidentiality of your account
and your account password, as well as for restricting access to your computer.
You agree to accept responsibility for all activity conducted through your
account and with your password.
Your Representations and Warranties
By using this site, establishing your account and placing orders for merchandise
featured on this site, you are representing and warranting that you are over
18 years of age, that all information that you provide to us is true, accurate
and complete, and that you have the authority to provide that information
and to place those orders.
Restriction of Use or Termination of Your
Account
We reserve the right to restrict use of your account, to suspend or terminate
your account, to refuse you service and/or to cancel orders that you submit
in our sole discretion.
Shipping Policies and Procedures
Please review our shipping policies and procedures before placing orders for
merchandise made available on this site. We will not be liable for any loss,
damage, cost or expense related to delays in shipment or delivery of merchandise.
The risk of loss of, and title to, all merchandise purchased on this site
will pass to you upon our delivery of that merchandise to the carrier selected
to deliver it.
Taxes and Duties or Customs Charges
KAHLA Porcelain USA will collect sales tax on all purchases of merchandise
to be shipped to locations within the State of Massachusetts. Users are responsible for
all sales taxes and other taxes, if any, applicable to merchandise shipped
to locations outside the State of Massachusetts. The rate of sales tax applicable to
all merchandise shipped to locations within the state of Massachusetts will be the rate
applicable in Boston, Massachusetts at the time of purchase. You and/or the
recipient will be solely responsible for any duties or customs charges imposed
on all purchases of merchandise shipped to locations outside the United States.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOU ARE USING THIS SITE AT YOUR OWN RISK, AND
THAT THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS
AVAILABLE” BASIS. KAHLA PORCELAIN USA MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THIS SITE OR THE CONTENT, MERCHANDISE OR SERVICES FEATURED ON THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, KAHLA PORCELAIN USA
DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS SITE, THE CONTENT,
MERCHANDISE OR SERVICES FEATURED, OFFERED AND/OR SOLD ON THIS SITE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. KAHLA PORCELAIN USA DOES NOT WARRANT
THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT, FEATURED
ON THIS SITE, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS
OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, INDICATION
OF AVAILABILITY, OR OTHER INFORMATION FEATURED ON THIS SITE.
KAHLA PORCELAIN USA DOES NOT WARRANT THAT THIS SITE, THE
SERVERS ON WHICH IT RESIDES OR E-MAIL SENT FROM THIS SITE WILL BE
FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. KAHLA PORCELAIN USA WILL
NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES
OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE
STATE LAWS.
Links to Other Sites
We may provide links on this site to sites operated by other parties for your
convenience. Because we have no control over these sites, we cannot take
responsibility for their operation or for the content or merchandise featured
on or made available through them. You should carefully review the terms
and conditions of use and privacy policies associated with these sites before
making any use of them, particularly because these sites may make use of
your personally identifiable information in ways inconsistent with these
Terms and Conditions.
Indemnification
You agree to indemnify and hold harmless KAHLA Porcelain USA, and its directors,
officers, employees, contractors and suppliers (“Indemnified Parties”),
from and against any and all claims, demands, actions, proceedings and damages,
including without limitation reasonable attorneys’ fees and costs,
that may be incurred by any of the Indemnified Parties and that arises from
or relates to your use of this site.
Governing Law and Disputes
These Terms and Conditions will be governed by and construed in accordance
with the laws of the State of Massachusetts, without regard to its principles
of conflicts of laws. Any dispute arising between us shall be brought before
any court located within the State, City and County of Massachusetts having jurisdiction
over such a dispute. By using this site you irrevocably submit to the jurisdiction
of the above-mentioned Massachusetts courts for purposes of resolving any such
dispute, and waive any claim or defense of inconvenient forum or lack of
personal jurisdiction.
Information Collection and Use
KAHLA Porcelain USA is the sole owner of all information collected on this
site. The information that you supply to us enables us to personalize your
experience on this site, to better service your requests, to facilitate our
communications with you, and to improve our overall customer service capabilities.
The information that we collect from you is used entirely and only by us,
except in cases where we use third parties to perform certain functions for
us, such as credit card processing, order fulfillment, package delivery or
data analysis. In these cases, we provide such third parties with access
only to the information that is necessary for them to perform the specific
tasks for which they are responsible, and they are not authorized to retain,
share, store or that information for any other purpose. We will not share
your information with, or sell or rent your information to, any other party
for any reason. In the event that we contemplate using your information for
any purpose other than those outlined above, we will notify you and provide
you with an opportunity to choose not to share your information in the manner
contemplated.
Use of Cookies
A cookie is a piece of data transferred by us to your hard drive which allows
our system to recognize your browser on subsequent visits to this site. We
may use cookies to enable us to track and target your interests, and to enhance
your experience on this site. Cookies are not linked to personally identifiable
information.
Use of Log Files
We may use IP addresses to analyze trends, administer this site, track movement
and to gather broad demographic information for aggregate use. IP addresses
are not linked to personally identifiable information.
Children
Although we offer for sale on this site merchandise that may be suitable for
use by children, this site does not otherwise cater to children in any way.
These Terms and Conditions do not permit the use of this site by, or the
sale of merchandise or services to, persons under 18 years of age, nor do
these Terms and Conditions contemplate the collection of information from,
or relating to, persons under 18 years of age.
Security
We have incorporated into this site certain features designed to safeguard
information that we obtain from you. For example, when you are asked to enter
certain sensitive information (such as a credit card number), that information
is protected with encryption software.
While we use measures like encryption to protect sensitive information,
we also take measures to protect your sensitive information offline.
Because our websites are an extension of our retail stores, the stores
and online inventory and customer databases may be linked. Access
to such databases is limited to those employees that require access
in order to perform specific functions such as billing, order processing,
shipping and customer service, and such access is password protected.
If you have questions about the security features of this site, you
may send an e-mail to sales@kahlausa.com.
e-mail Communications
We send to all new registrants an e-mail to verify password and username information.
Once you have established an account with us, you will occasionally receive
information relating to our new merchandise and service offerings, activities
at our stores, and other information that may be of interest to you.
Correction/Updating Personal Information
We will continue to make efforts to provide you with simple means by which
you may correct, update or remove your personally identifiable information,
such as your home address or phone number, from our database. You may do
this on this site, by making corrections to the relevant data fields included
in your user account, by e-mailing us at sales@kahlausa.com or
by notifying us by mail or
fax.
Changes to Site and Terms and Conditions
We reserve the right to change or modify all or any portion of this site, including
any and all Content, merchandise or services featured on this site, at any
time in our sole discretion. Sales prices for merchandise and services are
subject to change without notice, and if merchandise or services are listed
at an incorrect sales price, we reserve the right to refuse, cancel or limit
any orders placed for such merchandise or services at the incorrect price.
We also reserve the right to change or modify all or any portion
of these Terms and Conditions at any time in our sole discretion.
At times such changes may be necessary to address the addition or
discontinuance of merchandise or services offered on this site, technological
changes made to this site, changes made to our business procedures
or practices, or other factors. More importantly, we will not be
obligated to notify you of these changes as and when they are made.
Accordingly, it is important that you review these Terms and Conditions
regularly. If you disagree with any change that we may make to these
Terms and Conditions, your sole recourse is to discontinue your use
of this site. |
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