Terms and Conditions

TERMS AND CONDITIONS

Welcome to katzberry.com (“Web Site”). This site is provided as a service to our customers. Please review the following basic rules that govern your use of our Web Site. Please take a few minutes to review these Terms and Conditions. These Terms and Conditions apply to your access and use of the Web Site and our mobile applications. Your use of our Web Site or our mobile application constitutes your agreement to follow these Terms and Conditions and to be bound by them.

 

These Terms and Conditions May Change

Katzberry, LLC reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown at the bottom this page Terms and Conditions. By continuing to use the Web Site you are agreeing to the current Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site or mobile applications.

 

Eligibility

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Katzberry,LLC does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Web Site or mobile applications, you may not:

violate any law or regulation, violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights; post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; send unsolicited or unauthorized advertising or commercial communications, such as spam; engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web Site or mobile applications; transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; stalk, harass, or harm another individual; impersonate any person or entity or perform any other similar fraudulent activity, such as phishing; use any means to scrape or crawl any Web pages contained in the Web Site; attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Web Site or mobile applications; attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Web Site or mobile applications; or advocate, encourage, or assist any third party in doing any of the foregoing.

Third Party Sites

References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Katzberry’s endorsement, sponsorship or recommendation of the third party, its information, products or services. Katzberry, LLC is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit in full, to your credit card, the amount collected at the time of the sale.

Gift Cards and E-Gift Cards

Gift cards are valid only on www.katzberry.com, it is not a credit or debit card and has no implied warranties. The gift card does not have an expiration date an may be used at anytime for purchases. Merchant is not responsible for lost, stolen or damaged cards or any unauthorized card use. Card is non-refundable and redeemed for purchases only. Unused value remains on card and cannot be used for cash except where required by law. For balance of card please go to www.katzberry.com/gift-card.

Product Pricing and Descriptive Information

Katzberry, LLC does not price match with any other online or offline retailer.

Special Offers

Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may have a limited quantity and may be for a limited time only.

Inaccuracy Disclaimer

From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Katzberry, LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you have purchased something that has a price adjustment, we will contact you to inform you of the price adjustment. If you do not wish to continue your purchase after pricing or other information has been corrected, we will work with you to cancel or return your order.

 

Return Policy

See “Easy Returns” policy for full details and exceptions of our returns and cancellation policy.

You have 24 hours after placing an order with us to cancel at no charge. This is because when you order from us, we in some occasions, place the order with the manufacturers right away!

Items that are non-eligible for returns or exchanges are:

  • Monogrammed items, Gift Cards, Special Orders requested by customer, Made to Order items including custom fabrics, finishes, sizes on furniture pieces, Luna Bella furniture and lighting pieces, and Magnolia Wreaths.
  • Items damaged through customer mishandling, usage or wear.

If your items are not damaged or defective and you’d like to return them, some items may have a 20% restocking fee which will be deducted from your refund. You will also have to pay for the shipping charges (even if not invoiced at the time of sale or discounted) as well as the return shipping back to our warehouse.

Any exception to this cancellation policy will be solely at the discretion of our management. For Full Return Policy, please see Easy Returns under our Customer Care Section.

 

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Katzberry, LLC are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Katzberry, LLC and is also protected by U.S. and international copyright laws.

Katzberry, LLC and its suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site.

The Katzberry name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Katzberry, LLC. All other marks are the property of their respective companies. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

 

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Katzberry, LLC and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms and Conditions by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

 

Disclaimer

THIS SITE IS PROVIDED BY KATZBERRY, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. KATZBERRY, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR OTHERWISE, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KATZBERRY, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, KATZBERRY, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE KATZBERRY, LLC WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

 

PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT’S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. KATZBERRY, LLC ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER’S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY KATZBERRY, LLC.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KATZBERRY, LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE KATZBERRY, LLC WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KATZBERRY, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

Arbitration Agreement & Waiver of Certain Rights

You and Katzberry, LLC agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Katzberry, LLC hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Katzberry, LLC relating to these Terms and Conditions or the Web Site or our mobile applications (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

 

This arbitration agreement does not preclude you or Katzberry, LLC from seeking action by federal, state, or local government agencies. You and Katzberry, LLC also have the right to bring qualifying claims in small claims court. In addition, you and Katzberry, LLC retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR KATZBERRY, LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

Other Provisions

Any action relating to the use of the Web Site, mobile applications, or any transaction with Katzberry, LLC must be brought in the state or federal courts located in Lucas County, Ohio. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any conflict of laws rules or provisions.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future.

Last Updated: November 2018

 

 

 

 

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