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These terms and conditions apply to the use of the www.kirch.com website. Kirch & Co. ('Kirch', 'we', 'us' or 'our') provide the services available on these websites. By using any part of these websites, completing your customer registration details with us and/or placing an order or requesting a catalogue or entering a competition on either website you agree to be bound by these terms and conditions.
You should note these terms and conditions can potentially change at any time, and it is up to you to check the terms and conditions regularly before ordering any products or other services in case there have been any changes. If you do not agree with the terms and conditions set our below, you should not use or access any of these websites.
If you have any queries relating to our terms and conditions, please contact our customer services team at 800.633.7780 before placing an order.
To be eligible to purchase goods or services on either website or to lawfully enter into and form contacts on either website you must:
a) Register to use the website.
b) Be the holder of a valid debit/credit card or PayPal account.
c) You agree not to impersonate any other person or entity or use a false name or a name that you are not authorized to use.
d) Be a wholesale customer and buy for purposes of resell
You warrant that the personal information which you are required to provide is true, accurate and current in all respects. If your personal information changes then please notify us immediately by contacting customer services.
If you are under the age of eighteen years you are not able to place an order or register to receive a catalogue or newsletter. If you are under the age of eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian.
You agree that if you break these terms and conditions, or any liabilities incurred arising out of your use of these websites, you will be responsible for the costs and expenses that we or our officers, directors, employees, agents and suppliers incur as a result of the breach, including reasonable legal fees(if applicable). You will remain liable if someone else uses your account and/or personal information unless you can prove that such use was fraudulent.
Your contact for purchases made through www.kirch.com or through telephone or in writing is with Kirch & Co. and you undertake that all goods ordered by you are for resale.
We may, from time to time, as part of a promotion or for other reasons, publish offer codes e.g. money or percentages off certain of our products or the value of your shopping basket. Unless specified, these codes will solely relate to the subject of a particular promotion and are not available to be used in conjunction with any other offer, price reduction or in respect of sale or clearance merchandise and will not apply to postage and packaging charges.
The codes will only be valid from the specified start and end date. No codes will be valid for retrospective use.
These are governed by our Returns Policy.
We accept most major credit/debit cards. Namely Visa, MasterCard and Amex. In addition you can pay by PayPal.
All credit and debit cards are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
You confirm that the credit or debit card or PayPal account that is being used is yours.
Your payment card is only debited once an item has been despatched.
One of the primary methods of payment card validation is by using the Card Validation Code (CVC) which is made up of the three last numbers of the code contained on the reverse of your credit or debit card. The Card Validation Code is an authentication scheme which gives you added security against the fraudulent use of the card.
We will deliver goods in accordance with the delivery option selected by you during the order process. The delivery period stated within which you receive your order is approximate. We try to maintain excellent stock levels but sometimes demand, particularly on new models and items subject to promotional offers, can take us by surprise and products become unavailable. If this is the case we will tell you as soon as possible and keep you updated as to your order status.
Products will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in installments if certain items are out of stock. We will contact you to give you the option of receiving in installments or waiting for the complete order.
If your delivery address is outside the United States, you may have to pay import duties and taxes, which is levied once a shipment reaches your country. You must meet any additional charges for customs clearance. Please note that customs policies vary from country to country. We recommend you contact your local customs office for further information.
Please note international shipments may, from time to time, be subject to cross border inspections by customs authorities.
The legal title to the goods and the risk in the goods will pass to you once the goods has shipped from our facilities.
We will send you e-mail relating to your account which will include order confirmations, renewal/expiration notices, dispatch updates and credit card problem notifications.
In addition we will send you regular e-mail newsletters relating to new product releases or our latest offers. If you no longer wish to receive a newsletter, you can follow the 'unsubscribe' instructions located towards the bottom of each newsletter
We welcome enquiries and feedback on the products and services you use or might like to purchase; however, whilst this is always appreciated we reserve the right to decline any unsolicited suggestions and ideas. Notwithstanding this policy, any suggestions and ideas, any enquiries, any testimonials, feedbacks, suggestions, ideas or other information you provide us (collectively, 'Submissions') will be treated as non-proprietary and non-confidential.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to a civil liability, or otherwise violate any law.
In addition to all remedies that we may have at law or in equity, if we reasonably determine you have violated or likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including the immediate removal from either website of the related materials.
We cannot be held responsible for material held on third party websites or any other written material. The only prices that apply for Kirch products are those stated our material. We cannot vouch for the reliability of prices stated on shopping directories or, otherwise, through any other third party material.
'Kirch' is a registered trademark of Kirch & Co.
Certain other trademarks, trade names, services marks and logos used or displayed on this website are registered or unregistered trademarks, trade names and service marks of Kirch & Co.. Other trademarks, trade names and service marks used and displayed on this website are the registered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, services marks or logos displayed on this website without our written permission or the written permission of such third party owner..
All rights including without limitation copyright, designs, pictures, logos, photography, text and trademark rights, in the content of the www.kirch.com web pages are owned and controlled by Kirch & Co. In accessing the www.kirch.com web pages, you agree that you may only download the content or your own individual and non-commercial use. You are not permitted to copy, broadcast, store (in any medium), transmit, show or play in public, adapt or change in any way the content of www.kirch.com web pages for any purpose whatsoever without the prior written approval of Kirch & Co.
We do not accept any liability (except as shown below) for any errors and/or omissions contained in our website and reserve the right to change information, prices, specifications of listed goods, products and services at any time, without notice.
If an error is discovered in the price of goods or services that you have ordered, we will inform you as soon as possible. We will be under no obligation to fulfill and order for a product or service that was advertised at the incorrect price. In the event that you order an item and the price published either website is incorrect for any reason, we will e-mail you to inform you that we have not accepted the order and that your order has been cancelled. You may re-order it if you wish. In the unlikely event that you have paid for the goods or services, in the circumstances described in this clause, we will refund you as soon as practicable. Should you choose to re-order at the correct price, a separate transaction will be posted to your credit card.
In the unlikely event that you receive goods or services which are different to what you ordered or which are damaged or defective, or are a different quantity to that stated when you placed your order, we shall make good any shortage or non delivery (subject to availability), repair or replace any damaged or defective goods, or refund to you the amount you paid for the goods in question. This must be notified to us within 7 days either in writing or by e-mail to the addresses provided in the relevant procedures or guarantees. Please refer to the Returns sections of our website. We have taken every measure to provide accurate product images for each product for sale on the site. However, due to a number of different factors such as Internet browsers, monitor color contrasts etc, we cannot be held responsible or liable for any differences in the color of the image or the actual product.
We do not accept any liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from any claims of third parties arising out of the use of the site or for any products or services purchased from kirch.com
We have taken every measure to prevent internet fraud and ensure that any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers.
We have no liability to you for any delay in the delivery of products or services ordered by you or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labor disputes, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental actions and other similar events.
We make no warranty that either website will meet your requirements or will be uninterrupted, timely or error free, that defects will be corrected, or that either site or the server that makes it available are free from viruses or bugs or represents the full functionality, accuracy, reliability of either website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted though either website.
We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
Any economic losses (including without limitation loss of revenues, profits, contracts, business or Anticipated savings)
Any loss of goodwill or reputation; or
Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the terms and conditions.
Our total liability for any claim howsoever arising shall not exceed the purchase price for the goods supplied by us to the customer, together with any postage costs incurred. We shall not be liable for any injury, damage or loss, including consequential customer loss whether this arises from a breach of duty of contract or in any other way. Kirch & Co. cannot accept any liability for a failure to comply with a specific instruction contained in the catalogue or this website. This statement does not affect customer's statutory rights.
Nothing in these terms and conditions will exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website or your downloading of any of the materials, from this website. In no event will we, our respective officers, directors, employees, shareholders, affiliates, agents, successors, assigns nor any party involved in the creation, production or transmission of this website be liable to any party for any indirect, special, punitive, incidental or consequential damages (including without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of the use of this website, any websites linked to this website, or the materials, information or services contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or the other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Kirch & Co. is expected to do. You confirm that, in agreeing to accept the Conditions you have not relied on any representation except where that representation has been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has been a term of the Conditions.
These Terms and Conditions supersede any previous agreement between you and us. These Terms and Conditions are governed by and construed in accordance with the laws of New York. Any disputes shall be referred to the exclusive jurisdiction of the Courts of New York to which both parties will submit.