Terms of purchase

OVERVIEW
Products on this site are sold by KALDEWEI USA, Inc.’(“KALDEWEI”) Throughout the site, the terms “we”, “us” and “our” refer to KALDEWEI. Your purchases from our site are conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By purchasing something from us you agree to be bound by the following terms and conditions (“Terms of Purchase”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read these Terms of Purchase carefully before making any purchase on our website. If you do not agree to all the terms and conditions of this agreement, then you may not purchase products on this site.

SECTION 1 – MINIMUM AGE
You may not purchase our products if you are under the age of 18. By agreeing to these Terms of Purchase, you represent that you are at least 18 years old.


SECTION 2 - GENERAL CONDITIONS
WE ARE CURRENTLY ONLY OFFERING PRODUCTS TO RESIDENTS OF THE STATE OF NEW YORK. Please check back for expanded availability options in the future. Please do not order from this site without being able to accept delivery within the state of New York.

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

You may not use our products for any illegal or unauthorized purpose nor may you use our products to violate any laws in your jurisdiction.

SECTION 3 – PRICES AND PAYMENT
Prices for our products are subject to change without notice. Further, some products may not be correctly priced. If the product's correct price at your order date is different than the price stated to you, we will contact you before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel the order, refund your payment and require the return of any products provided to you.

We reserve the right at any time to modify or discontinue the advertising and sale of products without notice at any time.

Applicable New York sales tax for the products will be shown on the Checkout Page for each product. We will collect sales tax at the time of checkout.

Delivery charges are included in the checkout cart. If there are no delivery charges then that will also be identified in the checkout cart. Products that are too large, heavy, or bulky to be shipped by parcel shipping may incur additional charges and will be delivered curbside at the shipping address by scheduled appointment.


SECTION 4 – SHIPPING
If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and will take steps to minimize the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel the order and receive a refund for any products you have paid for but not received.

Products purchased on this site will only be shipped to addresses in the State of New York. Due to the nature of our products, we are unable to ship to PO Boxes. Shipping costs will be calculated at checkout. Various shipping options that may affect the cost and timing of delivery are available upon checkout.

Title and risk of loss pass to you once the shipment has been delivered to the shipping carrier. In addition, title and risk of loss of any returns does not pass to us until the product arrives at our designated return location.

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.

For more detail, please review our Returns Policy.

SECTION 6 – LIMITED WARRANTY
KALDEWEI warrants its products to be free of defects in material and workmanship for one year from date of purchase. KALDEWEI will, in its exclusive discretion, repair, replace, or make appropriate adjustment where KALDEWEI inspection discloses any such defects occurring in normal residential usage within one year from the date of purchase. KALDEWEI will not be responsible for removal or installation costs or the return shipping costs. Improper care and cleaning will void the warranty.

If you believe that you have a warranty claim, contact KALDEWEI at ContactUS@Kaldewei.com. You must provide all relevant information around your claim, including the product, model number, color, the date the product was purchased, and a complete description of the problem. KALDEWEI IS PROVIDING THESE WARRANTIES IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KALDEWEI DISCLAIMS ALL LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Some jurisdictions do not allow limitations of how long an implied warranty lasts or the exclusion or limitation of such damages, so these limitations and exclusions may not apply to you. This warranty gives the consumer specific legal rights. You may also have other rights that vary from jurisdiction to jurisdiction.

In no case shall KALDEWEI, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any products procured on this site, or for any other claim related in any way to your use of any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the product made available via this site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 7 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless KALDEWEI and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Purchase or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 8 - SEVERABILITY
In the event that any provision of these Terms of Purchase is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Purchase, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 9 - SURVIVAL
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 10 – WAIVER AND INTERPRETATION
The failure of us to exercise or enforce any right or provision of these Terms of Purchase shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Purchase shall not be construed against the drafting party.

SECTION 11 - GOVERNING LAW
These Terms of Purchase shall be governed by and construed in accordance with the laws of the state of New York.


SECTION 12 - CONTACT INFORMATION
Questions about the Terms of Purchase should be sent to us at
terms@kaldewei.com