Last Modified: August 1, 2019
PLEASE NOTE THAT THESE TERMS INCLUDE A CLASS ACTION WAIVER WHICH REQUIRES YOU TO BRING ANY ACTIONS AGAINST THE COMPANY IN YOUR INDIVIDUAL CAPACITY. PLEASE CAREFULLY READ THIS PROVISION AND DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO BE BOUND BY ALL THE PROVISIONS OF THIS AGREEMENT.
By visiting our website, subscribing to the service and purchasing a product from our online store, you represent and warrant to the Company that you have read and understood this Agreement.
2. Key Terms
Unless expressly stated otherwise, the following terms shall have the meaning as defined hereunder:
- “Product” – refers to any product offered for sale through the Website.
- “Customers” – refers to Users who place an order through our online store at www.kentuckycrafted.com.
- “User” – refers to all those who access the Website and includes any reference to Customers.
The website is not designed for Users who are under the age of eighteen (18) years.
IF YOU ARE UNDER THE AGE OF EIGHTEEN YEARS, YOU MAY NOT ACCESS THIS SITE, CREATE AN ACCOUNT OR MAKE ANY PURCHASES THROUGH THE WEBSITE AND YOU MAY NOT UNDER ANY CIRCUMSTANCES SUBMIT YOUR PERSONAL INFORMATION THROUGH THE WEBSITE.
Unless expressly stated otherwise, only natural persons are eligible to create an account and purchase products through our site.
By accessing our Service, you represent and warrant to the Company that you have the requisite capacity and authority to enter into a legally binding agreement with the Company.
We reserve the right in our sole discretion to add, modify or withdraw this website or our products and services as well as amend any provision of this Agreement. Any changes in features and functionality of our Site will become effective from the date of implementation. Where we make any changes to this Agreement, we will notify you by updating the last modified date on the top of this Agreement. Please take the time to review these terms regularly. You release the Company of any liability arising from your failure to review such modified Terms.
5. MEDICAL DISCLAIMER
YOU UNDERSTAND AND ACCEPT THAT ALL PRODUCTS, BLOG POSTS, ARTICLES, REVIEWS AND OTHER SIMILAR INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY. NONE OF THE INFORMATION AVAILABLE ON THE WEBSITE IS INTENDED TO REPLACE ANY MEDICAL ADVICE, RECOMMENDATION OR DIAGNOSES BY A MEDICAL DOCTOR OR DIETICIAN. YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR ABOUT ANY HEALTH ISSUES OR CONCERNS THAT YOU MAY HAVE AND SEEK MEDICAL APPROVAL BEFORE STARTING ANY HEALTH SUPPLEMENTS. WE MAKE NO CLAIMS REGARDING THE SHORT OR LONG-TERM HEALTH EFFECTS OF ANY PRODUCT AVAILABLE THROUGH THE WEBSITE. ANY STATEMENTS ON THE WEBSITE REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA) OR OTHER INSTITUTION OF SIMILAR STANDING. EACH INDIVIDUAL IS UNIQUE, AND THE EFFECTS OF PRODUCTS MAY VARY FROM INDIVIDUAL TO INDIVIDUAL. YOU SHOULD NOT SOLELY RELY UPON THE INFORMATION PROVIDED ON THE WEBSITE TO MAKE ANY LIFESTYLE CHANGES. ANY DECISION TO PURCHASE / USE / CONSUME ANY PRODUCTS SOLD THROUGH THE WEBSITE AND INFORMATION PROVIDED ON THE WEBSITE IS AT YOUR OWN RISK.
6. Account Registration and Security
Although the Website enables customers to purchase products without having to register an account, there are certain Website features and functionality that is only available to Customers who create an account at www.kentuckycrafted.com.
If we discover that you provided us with incorrect or inaccurate information during your account registration, we reserve the right to terminate such account immediately. The Company offers all User accounts at its sole discretion, and we may refuse registration of a User account without providing any reason. As an account holder, it is solely your responsibility to keep your account username and password confidential.
You accept that all activity under your account is solely your responsibility. If you become aware of any unauthorized access to your account or any similar security breach, please immediately notify us in writing at firstname.lastname@example.org. We disclaim all liability for any unauthorized access to your account.
7. Terms of Sale
The website offers Customers a convenient way to select any product that they wish to purchase from the Website and place their order at www.kentuckycrafted.com. We use NMI’s secure payment gateway that enables our customers to make payments using any major credit and debit cards.
The Company currently uses a third-party shipping service provider for shipping products to all locations listed on the Website. Unless expressly stated otherwise, shipping costs are borne by the Customer. Customers can view full shipping costs before they make the payment.
Please note that it is solely the responsibility of the Customer to review their order before making any payments to ensure they have ordered the correct product. In the event you place an incorrect order, you must immediately contact us at email@example.com to request cancellation. Please see our cancellation policy for more information.
Please note that upon receipt of your order request we will send you a confirmation email at the email address specified by you, your order request is only deemed accepted by us after you receive a confirmation email from us. We will not process your order before sending you a confirmation email. We do not have any legal or moral obligation to accept any orders, and we may decline to accept an order at our sole discretion. Notwithstanding the foregoing, by submitting your order, you agree to pay for any/all items that you ordered (including any taxes and shipping fees as visible at the time you placed your order) in the event we accept your order.
7.1 Delivery, Pricing, and Payment Policy
The delivery of all products listed on the Website is subject to availability. The Company does not offer any guarantees that products as listed on our website, will be available at all times. If for any reason we are unable to fulfill your order, we will try to notify you via email provided by you.
Your order will be delivered to the shipping address that you provide us when placing your order. All orders are shipped through our preferred shipping service provider and will be delivered to you within the estimated delivery time frame stated at the time you place your order. We do not offer any guarantees as to the delivery date and time. All delivery timeframes visible on our website are estimates only and delays can occur for reasons beyond our control. We do not assume any liability for any delay in delivery whatsoever caused. In the unlikely event that you do not receive the product within 30 days from the date you placed your order, you may immediately cancel your order, and we will issue a full refund in accordance with our refund policy as outlined below.
All product prices on our Website are quoted in USD. You are required to authorize the payment at the time you place your order. We may in our sole discretion change our product prices at any time without giving any prior notice to you. Unless we in our sole discretion determine that the product price listed on our website is incorrect, you will be liable to pay the product price listed on our Website at the time you place your order. If we discover that a product price listed on our Website was incorrect at the time you placed your order, we will contact you and offer you an opportunity to place your order at the correct price. We will not be held responsible for any delays and non-deliveries arising as a result of chargebacks.
If you wish to order any product/s on a recurring basis, you can easily do so by selecting the auto-shipping option at the time of your purchase. When you select the auto-shipping option, you will be billed every 30 days for your chosen products which will be shipped to you after your payment method is successfully charged.
You may opt-out of an auto-shipping option at any time before the start of your next billing cycle by accessing your account settings or by contacting us at firstname.lastname@example.org. After you opt out of the auto-shipping option, we will cease shipping the products to you, and you will no longer be billed on a recurring basis.
By subscribing to the auto-shipping option, you authorize us to charge your selected payment method at the time of your initial purchase, and every thirty (30) days thereafter on an automatically recurring basis until such time that you opt-out of auto-shipping.
7.3 Order Cancellations
You have the right to cancel your order any time before we dispatch the product to you or within 30 days from the date you accept delivery of the purchased product. To exercise your right to cancel, please contact our Support team via the support form available on our website. Please note that all sales will be deemed final after 30 days from the date of delivery.
The Company reserves the right to cancel an order at any time after the occurrence of any of the following:
- The products ordered being unavailable for any reason;
- The customer is in breach of any provisions of these terms;
- We cease our business operation for any reason.
7.4 Return, Replacement and Refund Policy
Except for gifts and products purchased on our online sale, you may return a product at any time within thirty (30) days of delivery and receive a full refund if you choose to do so. Should you decide to return a product, you must submit a return request to our Customer Support through the support form on our website or by sending an email to email@example.com. Upon receipt of confirmation from the Company, the product must be shipped back to us in accordance with this provision. Please note that customers will be responsible for the payment of two-way shipping fees, insurance charges and any additional duties payable on international returns. You may not return any products after the lapse of thirty days from the date of delivery.
Returns must be shipped back to the following address:
Kentucky Crafted, LLC
2335 Buttermilk Crossing Suite 337
Crescent Springs, KY 41017
Please note we reserve the right to reduce or refuse a refund if we find that:
- The item has been used with visible signs of wear, and it can no longer be sold as new;
- Item was damaged during return shipping as a result of poor packaging;
- Return shipment is not in its original packaging or does not contain all the items such as accessories, manuals, etc.
7.4.1 Replacement policy for incorrect deliveries, damaged products, and gifts
In the event we delivered the wrong product to you or the product you received contained a defect or was damaged when you received it, we will gladly replace it for you or offer you a full refund after we receive the returned item. To request a replacement for an incorrect and damaged product, please contact our Customer Support team within 30 days from the date of delivery.
Please note that we are unable to offer refunds for a gift item, however, we will gladly replace a gift item for another item with an equal price up to 30 days from the date of purchase, provided the product is still in its original packaging, unused and undamaged. To request a replacement for gift items, please contact Customer Support within 30 days from the date of purchase of the product.
To submit a replacement request, please contact our Customer Support team and provide the following information:
- Your full name
- Your email address
- Your order number
- Address the order was shipped to
You will be required to return the non-compliant product or gift item that you wish to replace within the stated timeline after your request is approved.
Please note that you can only return products for replacement if the following conditions are met:
- Return request must be made within 30 days from the date of delivery;
- Items must be unused;
- In case of defective or damaged products, the defect or damage was not caused by you after taking delivery;
- Returned product must include all original items such as accessories, tags and original packaging;
- Return shipment must be securely packaged to prevent any damage to the product during shipping;
Please note that we reserve the right to refuse replacement or accept any returns if the returned product was damaged during return shipping or used with visible signs of wear and tear.
In case of incorrect deliveries, we will cover two-way shipping fees to enable you to return the product to us at no cost to you.
Please note that for this provision, incorrect or defective products do not refer to any minor variations in the color of any apparel which may vary slightly based on different digital screens and studio lighting during product shoots. We make our best effort to ensure that all product descriptions, images, colors, and measurements are an accurate depiction of the product available on our website however we are unable to offer you any guarantees.
We do not offer full refunds or replacements if the returned product is damaged as a result of you not following the product care instructions.
Where you qualify for a full or partial refund, we will process the refund within 14 days from the receipt of your request if the cancellation is made before we the product was dispatched. In all other cases, refunds will be processed within 30 days from the date the Company received the returned product.
All refunds are processed by our preferred Payment Processor and made to the person who made the original payment. We may in our sole discretion agree to bear any costs that may be incurred in the processing of the refund.
8. International Customs Charges
You acknowledge that international deliveries may incur import duties and taxes imposed by the customs department of your country. Unless expressly stated otherwise, all such duties and taxes will be borne by the Customer and the Company will not be liable for any additional charges that you may be required to pay to your local authorities. You are advised to familiarise yourself with all applicable laws and regulations to ensure that you comply with your local laws before ordering any products from the Website.
9. User Conduct
You agree that you will not:
- Use the website or any products offered by the Company for any illegal or unlawful purposes;
- Post any content on our website that may be potentially harmful to the Company or any User;
- Post any content or information that is false, inaccurate, misleading or deceptive;
- In any way, infringe any User’s, Company’s or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights;
- Act in any manner that may lead to a violation of any applicable laws or regulations;
- Post any content that may be deemed defamatory, libelous, threatening or harassing;
- Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
- Intentionally or unintentionally cause harm or subvert the function of the Website by utilizing any viruses, malware, or any other computer programming routines that may damage, modify, delete or interfere with any system, data or information stored on our Website;
If we determine, in our sole discretion, that you have breached any obligation under this clause, we reserve the right to cancel or suspend your account.
10. Intellectual Property
All products sold on www.kentuckycrafted.com and all content made available by the Company including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights under the local and international laws and conventions. You are not authorized to copy, sell, transfer, license, sublicense, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content without the express written consent of the Company. You further agree not to adapt, alter or create a derivative work from any Company Content without the prior written permission of the Company.
You shall not remove any copyright, trademarks and any proprietary notices from any Company Content. We hereby grant you a limited, non-exclusive, non-transferable license to use the Company Content for your personal and non-commercial use only.
We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that any breach of this provision can incur criminal as well as civil liability.
11. User Suggestions
If you have ideas or suggestions on how we can improve our product offering, please feel free to share your views with us by sending us an email at firstname.lastname@example.org. For purposes of full disclosure and avoidance of any conflict, please note that when you submit your suggestion/ideas, you are granting us full and exclusive rights, at our discretion, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our current product line or creation of a new product, in whole or part, without any restriction or compensation to you now or ever in future.
12. Disclaimer of Warranties; Limitation of Liability
The website and all products and services offered by the Company are (except as expressly stated by us) provided to you on ‘AS IS’ and ‘AS AVAILABLE’ basis for your personal and non-commercial use only, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, and non-infringement.
We neither represent nor warrant that your use of the website will be uninterrupted, timely, secure or error-free or any results that may be obtained from the use of the service. You expressly agree that your use of, or inability to use, the website is at your sole risk.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM OR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF SAVINGS, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES WHETHER BASED IN CONTRACT OR 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 PRODUCT MADE AVAILABLE BY THE COMPANY, EVEN IF THE COMPANY WAS ADVISED OF SUCH POSSIBILITY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN EVENT THE ABOVE LIMITATION DOES NOT APPLY TO YOU THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED SHALL NOT EXCEED THE GREATER OF FIFTY USD OR THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM.
You agree to release, defend, indemnify, and hold harmless the Company, its founders, employees, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- the violation of these Terms by you;
- Your gross negligence or willful misconduct, or;
- the infringement by you, or any third party using your online account on the website, of any intellectual property or other rights of any person or entity.
14. Governing Law
The Company is operating from its head offices located in the State of Kentucky, USA and this Agreement shall be construed in accordance with the State laws of Kentucky. Any actions or claims brought against the Company must be brought to the court of law with appropriate jurisdiction to rule upon the matter located in the State of Kentucky.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.
The Company may assign any of its responsibilities/obligations to any other person without notice to the User. However, User may not assign, sublicense or otherwise transfer any of their rights or obligations under these Terms to any other party without the express written consent of the Company.
If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason deemed unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.
18. Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption, or any failure of electricity or server, system, computer, internet or telephone service.