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KRS accepts major U.S. credit cards (Visa, MasterCard, American Express, and Discover). Billing occurs at the time of or shortly after your transaction. You agree that you will only use your own credit card or have express permission to use another person’s credit card.
You agree that you will pay for all products you purchase and that KRS may charge your credit card for any products purchased and for any additional amounts (including any taxes, as applicable). You are responsible for the timely payment of all fees to KRS.
You can cancel your order anytime up until 11:59 pm the day you place your order. To cancel an order email [EMAIL ADDRESS] with your order number and “cancel” in the subject line. Otherwise, unless otherwise posted, all sales on KRS are final. There are no returns or refunds.
Your total price will include the price of the product(s) plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the product(s). All prices posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us at the time of purchase, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Purchased product(s) are generally shipped in 3-7 business days but may from time to time take longer. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
OUR WEBSITE AND THE PRODUCTS AND SERVICES AVAILABLE THROUGH IT ARE AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, KRS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS, SERVICES, AND THE WEBSITE AND YOUR USE THEREOF. KRS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR THE KRS CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE KRS WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, AND (5) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE.
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, KRS MAKES NO REPRESENTATIONS OR WARRANTIES: THAT THE WEBSITE, PRODUCTS OR SERVICES ARE SUITABLE FOR YOU; REGARDING THE ADEQUACY OR SAFETY THEREOF FOR ANY PARTICULAR USER; THAT THE PRODUCTS OR SERVICES KRS PROVIDES WILL MEET YOUR PERSONAL NEEDS; THAT KRS WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF ANY SERVICES; OR CONCERNING SITES AND RESOURCES OUTSIDE OF THE WEBSITE, EVEN IF LINKED TO/FROM THE WEBSITE. KRS RESERVES THE RIGHT TO MODIFY THE WEBSITE. KRS SHALL NOT BE RESPONSIBLE FOR PROVIDING ACCESS (E.G., COMPUTER, MOBILE DEVICE, INTERNET CONNECTION, ETC.) TO THE WEBSITE. KRS HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT MADE AVAILABLE ON THE WEBSITE COMPLIES WITH THESE TERMS OR IS SUITABLE FOR ALL USERS. KRS SHALL NOT BE RESPONSIBLE FOR LOSS OR CORRUPTION OF DATA, AND YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT TO DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE. TO THE EXTENT THAT A SECONDARY PARTY MAY HAVE ACCESS TO OR VIEW KRS CONTENT ON YOUR COMPUTER OR MOBILE DEVICE, YOU ARE SOLELY RESPONSIBLE FOR INFORMING SUCH PARTY OF ALL PROVISIONS, TERMS, DISCLAIMERS AND WARNINGS IN THESE TERMS. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY IN THESE TERMS DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE WEBSITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS IN OUR WEBSITE. IF YOU RELY ON INFORMATION CONTAINED IN OR ON OUR WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL KRS (OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR USE OF OUR WEBSITE, INCLUDING ANY (1) ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR WEBSITE OR ANY SERVICES, OR (2) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF YOUR USE OR MISUSE OF OUR WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU RELEASE KRS (AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES AND AGENTS) FROM ANY CLAIM RELATING TO YOUR USE OF OUR WEBSITE OR SERVICES. YOU AGREE THAT THE LIABILITY OF KRS (AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES, AND AGENTS), IF ANY, ARISING OUT OF ANY LEGAL CLAIM ARISING FROM YOUR USE OF OUR WEBSITE WILL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED .
You agree to indemnify and hold harmless KRS (and its members, directors, officers, employees, service providers, representatives, and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from (i) your use of and/or access to the Website or KRS products and services, and (ii) your violation of these Terms or any other terms, instructions, directions or agreements concerning or relating to the Website, by you or by anyone under your control. This defense and indemnification obligation will survive these Terms and your use of the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.
KRS reserves the right to change any of these Terms, or any policy or guideline of the Website, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Terms. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review these Terms whenever you visit our Website.
These Terms, which include the Privacy Policy, are the complete agreement between you and KRS regarding your use of our Website and, to the extent the parties are permitted under these Terms to initiate litigation in court, are governed by the laws of the State of Tennessee applicable to agreements made and completely performed in the State. You irrevocably agree to bring any claim or dispute relating to your use of our Website or these Terms exclusively in the state and federal courts located in the State and County of Hamilton County, Tennessee, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. YOU AND KRS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law. In the event a court having jurisdiction over the parties holds any provision of this Agreement invalid or unenforceable, the parties shall negotiate in good faith to replace the invalid or unenforceable provision, if possible, with a valid provision that most closely approximates the intent and economic effect of the invalid provision. You agree that we may provide you with notices by posting on our Website, by email, or by regular mail. If we do not exercise or enforce a right or remedy in these Terms or otherwise available, you agree we have nor waived such right or remedy. The term "including" in these Terms means "including, but not limited to."
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of KRS.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, epidemic, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication or internet breakdown or power outage.
NOTICES
To You: We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us: To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Kate Roebuck Studio, 301 E sunset drive, lookout mountain, tn, 37350. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
For any questions or comments you may have about these Terms, please contact us at: hello@kateroebuckstudio.com