Terms of Service.
Overview
This website is operated by Korzen Designs LLC. Throughout the Site, the terms “us”, “we” and “our” refer to Korzen Designs LLC. We offer 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.
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. By visiting our Site and/or purchasing something from us, you engage in our service and agree to be bound by our terms and conditions including those additional terms and conditions and policies referenced herein and/or available on our Site. 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.
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 the website following the posting of any changes constitutes acceptance of those changes.
Our website is hosted on Squarespace.com. They provide us with the online e-commerce platform that allows us to sell our pieces and services to you.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You agree that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and 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 Site through which the Service is provided, without express written permission by Korzen Designs LLC.
Accuracy, Completeness and Timeliness of Information
Korzen Designs LLC is not responsible for inaccurate, incomplete or noncurrent information on this Site. The material on this Site is provided for information only and should not be relied upon or used solely for making decisions without consulting more accurate, more complete or timelier sources of information. Reliance on the material on this Site is at your own risk.
We reserve the right, but have no obligation to modify the contents of this Site at any time. You agree that it is your responsibility to monitor changes to our Site.
Online Store Terms
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 by using this Site and agreeing to these Terms of Service.
You may not use our pieces for any illegal or unauthorized purpose nor violate any laws in your jurisdiction trough the use of the Service. You shall not transmit any viruses or code of a destructive nature.
Any breach or violation of any of the Terms will result in an immediate termination of your Services.
Pieces and Services
Certain pieces or services may be available exclusively online through our Site. These pieces 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 pieces. We cannot guarantee that your computer monitor's display will be accurate.
Photographs of pieces that are included in piece descriptions may be for display examples and may or may not reflect the actual listed piece. Staged photos of our pieces are only meant to help you visualize how our pieces will look when displayed. Batteries, candles, and other similar accessories associated with our pieces will not be included with our pieces when shipped, even if these accessories are included in the staged photos of our pieces.
We take every reasonable step necessary to verify that the supplies which we use to make our pieces contain no animal ingredients and are not tested on animals. We do not knowingly use stains, dyes, glues, varnishes, or other items that are not vegan and cruelty free in our pieces.
Please note that all of our pieces are handmade and imperfect. Color, texture, and wood knot and grain pattern variations make all of our pieces completely unique and irregular. These variations shall not be viewed as defects, imperfections, or errors. Furthermore, the materials we use (including but not limited to woods, stains, paints, and finishes) all have unique properties that may or may not affect the visual condition of the piece due to inherent material aging processes. Korzen Designs LLC will not be held responsible for changes in the visual condition of pieces due to these inherent material properties (including but not limited to fading of colors or yellowing of finishes). Please note that environmental factors (including but not limited to humidity levels and natural ultraviolet light) have the ability to exacerbate these inherent material properties. For this reason Korzen Designs LLC recommends environmental factors be strongly considered before choosing a location to display our pieces including, but not limited to avoiding display in areas prone to direct sunlight, high humidity levels, or extreme temperature changes.
We reserve the right to limit the sales of our pieces or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any pieces or Services that we offer. All descriptions and/or pricing of pieces are subject to change at anytime without notice, at the sole discretion of Korzen Designs LLC. We reserve the right to discontinue any pieces at any time.
Korzen Designs LLC does not warrant that the quality of any pieces, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Service and Price Modifications
Prices for our pieces are subject to change without notice. Korzen Designs LLC reserves the right 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.
Informational Errors, Inaccuracies, and Omissions
There may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate, but not be limited to piece descriptions, pricing, promotions, offers, shipping charges, transit times, availability. Korzen Designs LLC reserves the right to correct any such errors, inaccuracies or omissions at anytime without notice. We also reserve the right to change or update information or cancel orders if any such information on our Site and/or in the Service or on any related website is inaccurate at anytime without notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law. No specified date(s) applied in the Service or on any related website indicate that the information in the Service or on any related website has been modified or updated.
Disclaimer of Warranties and Limitation of Liability
Korzen Designs LLC does 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. We reserve the right to remove the Service for indefinite periods of time or cancel the Service at any time, without any notice to you.
You agree that your use of, or inability to use, the Service is at your sole risk. The Site and the pieces available on this Site are provided "as-is" and “as-available” and without warranties of any kind. We take all steps that are reasonably necessary to ensure that the materials which we procure for use in our pieces are free from pests including, but not limited to, visual inspections on incoming materials, visual inspection on materials before they are turned into finished pieces, and controlled storage environments. However, we cannot guarantee these materials to be free from pests since we procure our materials from outside suppliers. In no case shall Korzen Designs LLC be liable for any injury or loss resulting from pest infestations in our pieces. Korzen Designs LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement to the fullest extent permissible pursuant to applicable law. We do not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, reliability or otherwise.
In no case shall Korzen Designs LLC 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 pieces or products procured using the Service, or for any other claim related in any way to your use of the Service, or any piece or 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 piece/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.
In no case shall Korzen Designs LLC be liable for any injury or loss resulting from insufficient display of our pieces including, but not limited to insufficient methods of hanging, unsecured horizontal surface displays, or candles placed near flammable items.
Indemnification
You agree to indemnify, defend, and hold harmless Korzen Designs LLC, its officers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs. This includes all reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account, including negligent or wrongful conduct, by you or any other person accessing the site using your Internet account.
Termination
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 by ceasing to use our Site.
Korzen Designs LLC reserves the right to terminate this agreement and deny you access to our Services at any time without notice if you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service.
You will remain liable for all amounts due up to and including the date of termination.
Agreement
Our failure 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 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 Korzen Designs LLC.
Personal Information
Your submission of personal information though our Site is governed by our Privacy Policy.
Billing and Account Information Accuracy
Korzen Designs LLC reserves the right to refuse or cancel any order you place with us and limit or cancel quantities purchased per person, per household or per order.
In the event that we make a change to or cancel an order, we may attempt but are not obligated to notify you using the contact information provided at the time the order was made. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors (at the discretion of Korzen Designs LLC).
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 are able to complete your transactions and contact you as needed.
You are responsible for safeguarding any passwords that you use to access the Service including our Site and third-party websites and services. You agree not to disclose your password(s) to any third-parties and to notify Korzen Designs LLC immediately upon becoming aware of any security breaches or unauthorized use of your account.
All purchases are subject to a one-time full payment. Korzen Designs LLC does not provide payment plans or allow installments of payment.
Payment methods are subject to verification and validation checks and to authorization by the issuing authority. Korzen Designs LLC is not responsible or liable for any delay or non-delivery of or your order due to issues that arise from the payment authorization process.
Placing Orders
By placing an order through our Site, you agree that you are legally capable of entering in to binding contracts and have the legal right to use the supplied payment method. You also agree to provide certain information relevant to your order including, but not limited to, your name, billing and shipping address(es), email-address, phone number, and credit card information and that the information you provide is accurate, correct, complete, and current. By supplying such information, you grant Korzen Designs LLC the right to provide the information provided to payment processing third-parties for the purposes of completing your order.
Order Cancellations
Korzen Designs LLC reserves the right to refuse or cancel your order at any time and for any reason. We also reserve the right to refuse order cancelation requests at any time and for any reason including, but not limited to, customized, personalized, or commissioned piece(s).
User Submissions and Comments
If you provide us with submissions of ideas, suggestions, plans, proposals or other information or materials, including, but not limited to comments (either with or without a request from us), you agree that such submissions may be used (copied, published, distributed, etc.) by Korzen Designs LLC in any way and in any medium at anytime and without any restriction. Korzen Designs LLC has neither responsibility nor obligation to maintain, pay compensation for, or respond to any such submissions.
We reserve the right, but have no obligation to monitor, edit, or remove any content that is deemed inappropriate (at the discretion of Korzen Designs LLC).
You agree that your comments will not violate these Terms or any right of any third-party, contain illegal 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 any third-parties as to the origin of any comments. You are solely responsible for any comments you make and/or submissions that you provide and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Third-Party Links
Some content, products, and services available via our Service may include materials from third-parties.
Some Links on this Site may direct you to third-party websites that are not affiliated with Korzen Designs LLC. We are not responsible for examining or evaluating third party content or information. We do not warrant or have any liability or responsibility for any third-party materials or websites, nor for any 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 the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Questions, complaints, claims, or concerns regarding third-party products and/or services should be directed to the third-party.
Optional Tools
Korzen Designs LLC may provide you with access to third-party tools that we neither control, monitor nor have any input in.
You agree that we provide access to such tools ”as is” and “as available” without any endorsements, warranties, representations or conditions, of any kind, and that we have no liability nor responsibility relating to your use of optional third-party tools. You agree that the use by you of optional tools offered through the Site is entirely at your own risk and discretion
We may also offer new services and/or features through the Site in the future. Such new services and/or features shall also be subject to these Terms of Service.
Disclaimer of Inspirations
Our art is expressive, and as such, when describing the inspiration for pieces, our use of specific names is in no way meant to infringe upon any copyright or trademark, and is solely us exercising our first amendment right.
Korzen Designs LLC claims no affiliation with any of the people (living or deceased), places, or things that may have inspired our artwork; nor do our views or opinions in any way reflect back upon the people (living or deceased), places, or things that may have inspired our artwork.
Changes to Terms of Service
We reserve the right 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 our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You can review the most current version of the Terms of Service at any time on this page.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed from these Terms of Service. The validity and enforceability of any remaining provisions shall not be affected by such determinations.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site and/or its content:
1.) for any unlawful, obscene, or immoral purpose
2.) to solicit others
3.) to perform or participate in any unlawful acts
4.) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
5.) to infringe upon or violate our intellectual property rights or the intellectual property rights of others
6.) to collect or track the personal information of others
7.) to spam or phish
8.) to interfere with the security features of the Service or any related website, other websites, or the Internet.
9.) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to submit false or misleading information
10.) 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
Korzen Designs LLC reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disputes
You agree to try to resolve any disputes informally by contacting us, and that the original English text of these Terms will prevail in the case that these Terms are translated into a language other that English.
Governing Law
These Terms of Service and any separate agreements provided to you by Korzen Designs LLC shall be governed by and construed in accordance with the applicable laws of the U.S.A., the state of California, and the state of Colorado. Your use of the Site and Service may also be subject to other local, state, national, or international laws.
United States Legal Compliance
By using our Site and Service, you agree that you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties.
Contact Information
Questions about the Terms of Service should be sent to us at info@korzendesigns.com.