Terms of Sale
Customer will be legally bound by this Agreement and should read it carefully. When prompted, Customer must check the appropriate box to accept the terms of this Agreement and purchase a Product. If Customer does not indicate its acceptance of such terms by checking the appropriate box, Customer will not be able to purchase a Product.
Each order for a Product received by MKF Collection through the Site is subject to acceptance by MKF Collection and the terms of this Agreement as well as any other terms set forth on the Site (including, but not limited to, price). MKF Collection may reject any such order for any reason, in its sole discretion. After Customer submits an order, Customer may receive one or more email messages that such order has been (a) received by MKF Collection, which is not acceptance by MKF Collection, (b) accepted by MKF Collection and/or (c) shipped by MKF Collection. If any such order relates to a Product that is unavailable or is otherwise not accepted by MKF Collection, Customer will be so notified in an email message.
In submitting an order for a Product through the Site that is accepted by MKF Collection, Customer purchases from MKF Collection each Product described in such order, subject to the terms of this Agreement. Customer must provide MKF Collection with complete and accurate information in submitting any such order. Any Product sold on the Site is intended for personal use (including a gift to a third party) only, and is not authorized for resale or other commercial purposes.
Customer must pay for a Product, plus all other amounts becoming due hereunder, by using a valid credit card that Customer is authorized to use. All information provided by Customer to MKF Collection regarding such credit card must be complete and accurate in all respects. Customer’s credit card will not be charged for a Product until such Product is shipped to Customer.
In submitting an order for a Product, Customer will have options for shipping, and Customer will be charged for shipping as set forth on the Site. All risk of loss to a Product being shipped by MKF Collection transfers to Customer upon MKF Collection’s delivering such Product to an independent carrier at the place of business of MKF Collection (or MKF Collection’s designee). Any dates posted on the Site for shipping or receiving a Product are only estimates and MKF Collection is not responsible for any failure to ship such Product, or any failure of Customer to receive such Product, on or before such dates.
If Customer is not satisfied with any Product ordered by Customer through the Site, Customer may return such Product to MKF Collection for any reason within 30 days after such Product is shipped to Customer by MKF Collection (or MKF Collection’s designee) for a complete refund of the price plus taxes paid by Customer (not including any charges for shipping). After such 30-day period, Customer may only return a Product with the consent of MKF Collection. Additional instructions for returning a Product will be provided to Customer along with the shipment of such Product or can be found at www.MKF Collection.com.
In submitting an order through the Site for a Product, Customer must establish an account with MKF Collection that is accessible using a user name and password chosen by customer. Customer’s user name and password must comply with whatever protocol is from time to time established by MKF Collection for user names and passwords, and must not be disclosed by Customer to third parties. Customer (a) is responsible for maintaining the confidentiality of Customer’s user name and password, and (b) must immediately notify MKF Collection in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password. MKF Collection will not have any liability to Customer or any third party arising from Customer’s failure to keep Customer’s user name or password confidential and may at any time, in its sole discretion and without notice to Customer, terminate or temporarily disable Customer’s access to such account. In addition, MKF Collection may rely on any use of Customer’s user name or password, whether by Customer or any third party, as having been authorized by Customer, unless (a) Customer previously notified MKF Collection in writing of any loss, or any unauthorized access, disclosure or use, of Customer’s user name or password, (b) MKF Collection has had a reasonable opportunity of not less than five days to act on such notice and (c) MKF Collection’s acting on such notice would have clearly avoided any third-party use of such account that was not authorized by Customer.
All sales and use taxes, plus any other federal, state, county or local duty, surcharge, tax, tariff or other government-imposed fee (except for any tax on the income of MKF Collection) assessed or payable upon an order for a Product or otherwise relating to this Agreement shall be payable by Customer, even if such government-imposed fee is not collected by MKF Collection at the time an order for a Product is submitted to MKF Collection.
This Agreement shall be in effect as of the date Customer accepts the terms of this Agreement and continue in effect until the earlier of (a) Customer terminates the account created pursuant to Section 8 or (b) MKF Collection’s sending notice to Customer that this Agreement is terminated, whether with or without cause. All provisions of this Agreement that, by their nature, are intended to survive termination of this Agreement shall survive such termination and may be enforced by a party at any time after such termination, subject only to any applicable statute of limitations.
Customer shall indemnify, defend and hold harmless MKF Collection from all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel to MKF Collection) resulting from, or relating to, (a) Customer’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by Customer in this Agreement being untrue or misleading in any respect, (c) any unauthorized use of a Product by Customer, (d) any unauthorized use by a third-party of Customer’s account, user name or password, except as set forth in Section 8, or (e) except to the extent MKF Collection is grossly negligent or engages in intentional misconduct, any use of a Product.
EACH PRODUCT IS MADE AVAILABLE TO CUSTOMER “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, MKF COLLECTION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Customer.
Limitation of Liability
MKF COLLECTION WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO A PRODUCT, THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT ONLY IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY MKF COLLECTION, IN NO EVENT WILL ANY LIABILITY OF MKF COLLECTION WITH RESPECT TO PRODUCT, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY CUSTOMER OR (B) THE TOTAL AMOUNT PAID BY CUSTOMER TO MKF COLLECTION FOR A PRODUCT (NOT INCLUDING ANY CHARGES FOR SHIPPING). THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY MKF COLLECTION, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to Customer.
Customer may not export or re-export, whether directly or indirectly, any Product from the United States to any other country without complying with all applicable law.
Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.
This Agreement will not be amended by any conduct pursued by the parties or any third party, but may only be amended in a writing signed by MKF Collection and Customer or as otherwise set forth herein. Any terms (including, but not limited to, price) relating to an order for a Product through the Site after the effective date of this Agreement may be unilaterally amended by MKF Collection, in its sole discretion, by posting such amendment on the Site at any time and such amendment will apply to all orders submitted by Customer through the Site after the date of such amendment.
This Agreement shall be governed by, and interpreted and enforced in accordance with, the laws of the State of New York, without regard to its principles of conflict of laws. Any complaint of Customer relating to a Product or this Agreement must first be submitted to MKF Collection as set forth in Section 24, and MKF Collection must be given a reasonable opportunity of not less than 30 days to investigate and respond to such complaint. Upon MKF Collection’s completing such investigation and so responding, Customer and MKF Collection must then attempt, in good faith, to promptly resolve any remaining aspects of such complaint. If any aspect of such complaint remains unresolved after a reasonable period of time of not less than 30 days, and Customer desires to pursue other remedies, Customer may, within one year after MKF Collection received Customer’s initial complaint, commence litigation against MKF Collection in connection with the unresolved portion of such complaint only in a court located in New York City and having subject matter jurisdiction over such complaint. Customer consents to any such court being a proper venue for such complaint, and waives any right to object to such court being an improper venue, whether for inconvenience or otherwise. If any such complaint is submitted to a court as set forth herein, Customer (a) waives any right Customer may have to a jury trial, (b) consents to all findings of fact being determined by the presiding judge, and (c) waives any right to bring or join any claim against MKF Collection as a member or other participant in any class action or other similar form of litigation.
Customer must send all notices to MKF Collection relating to a Product or this Agreement at www.MKF Collection.com. Any such notice will be effective upon actual receipt by MKF Collection. MKF Collection may send notices to Customer through e-mail, regular mail or a general posting on the Site. Any such notice will be effective (a) immediately upon MKF Collection’s sending such notice to the address it has in its records for Customer in the case of e-mail, (b) five days after MKF Collection’s sending such notice to the address it has in its records for Customer in the case of regular mail, and (c) immediately upon Customer’s entering the Site after such notice is posted on the Site.
No failure of MKF Collection to exercise, and no delay by MKF Collection in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by MKF Collection, and specifically referring to each such right or remedy being waived.
There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.
Customer represents and warrants to MKF Collection that Customer (1) has carefully read this Agreement, (2) is entering into this Agreement on Customer’s own behalf, and (3) has sufficient capacity to enter into this Agreement.
Customer must accept the terms of this Agreement before an order for a Product will be processed by MKF Collection. If Customer does not accept the terms of this Agreement, Customer will not be able to order a Product.
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