Terms and Conditions

TERMS OF SERVICE

OVERVIEW

KB Crafts & Design (“KB Crafts & Design”, “we”, “us”, and “our”) offers access to and use of its proprietary online platform accessible from the website and associated domains of https://www. kbcraftsanddesigncom, as may be updated from time-to-time, including any successor or affiliated websites and domains (the “Service”). Any access to or use of the Service is subject to the terms, conditions, policies and notices stated herein (the “Terms of Service” or “Terms”).

Please read these Terms of Service carefully before accessing or using our Service. By using the Service, including by making any purchase through the Service, you agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, sellers, and/or contributors of content.  If you do not agree to the entirety of the Terms of Service, then you may not access the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

THE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 22 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

Any new features or tools which are added to the Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. 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 or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1.    ONLINE STORE TERMS

By agreeing to these Terms of Service, 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.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.

SECTION 2.    GENERAL CONDITIONS

We reserve the right to refuse access to the Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) 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 Service, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3.    GRANT OF RIGHTS

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Service. To the extent that the Service provides access to any online software, applications or other similar components, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only within the Service and only in the form found within the Service.

All rights granted to you under these Terms are subject to your compliance with the Terms in all material respects and may only be exercised by you for your personal, non-commercial use or internal business purposes.

SECTION 4.    ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5.    PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products 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 products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6. GIFTING

As part of our Services, you may elect to send specified persons (“Recipients”) the ability to receive gifts from a curated selection of items (“Gifts”). All Gift purchases shall be made through the use of “KB Crafts & Design” which are credits to your account that are either purchased by you from KB Crafts & Design or provided to you in connection with a promotional offer or through a cancellation or refund from time to time. KB Crafts & Design Dollars are not refundable, transferrable, or exchangeable and can only be used on the Services to send Gifts to Recipients and have no other utility. KB Crafts & Design are not gift cards, and do not reflect a cash value or balance of US Dollars or any currency.

When a Recipient desires to receive a Gift, such Recipient must visit our website, select the applicable Gift, and provide a valid shipping address within the continental United States. The Recipient is responsible for providing accurate and complete delivery information to receive Goods. Should a selected Gift be no longer be available, KB Crafts & Design will attempt to notify the Recipient, at which time the Recipient may choose to receive a substitute Gift.  Once the Recipient exercises the Gift, it may not be canceled or used by any other party. If a Recipient declines a Gift, the KB Crafts & Design Dollars correlating to the price of such Gift will be credited to your account. A Gift may only be exercised by a Recipient directly through our website and cannot be exchanged for cash, in whole or in part, unless required by law.

All Gift selections are non-reversible. Gifts may not be returned unless they are deemed defective upon receipt by the Recipient. Any such returns must be coordinated directly with KB Crafts & Design.  KB Crafts & Design disclaims all liability for any act or decision by a Recipient to exercise or refuse to exercise a Gift, for any other act or omission of any Recipient, or for any lost, stolen, or misdirected Gifts.

SECTION 7.    ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account, whether or not you authorized the particular use or user, and regardless of your knowledge of such use. You agree to notify us immediately of any unauthorized use of your account or password or any other similar breach of security.

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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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.

For more details, please review our Returns Policy.

SECTION 8.    DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Your dealings with third parties who market, sell, buy or offer to sell or buy any goods or services via the Service, including payment for and delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party.

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. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 9.    USER COMMENTS, FEEDBACK, CONTENT AND OTHER SUBMISSIONS

If, at our request, you send us certain specific submissions (for example contest entries) or without a request from us you send us creative ideas, suggestions, 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 in any medium any Comments that you send to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not KB Crafts & Design are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not KB Crafts & Design, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”). You grant KB Crafts & Design and its service providers an irrevocable, perpetual, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) for any lawful purpose. Additionally, you irrevocably waive, and cause to be waived, against KB Crafts & Design, its service providers, and its users any claims and assertions of moral rights or attribution with respect to Your Content.

To the extent you have made Your Content accessible to others through the Service, you acknowledge and agree that we may continue to make Your Content, and associated