Terms of Use
Welcome! Please read this page. This page states the Terms and Conditions ("Terms") under which you, the website visitor ("You" or "Your" or "Yourself") may use this website ("Our Site"), which is owned and operated by Kanibal & Co., LLC ("We" or "Us" or "Our"). By using this website, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this website. We may, in Our sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions. Having such access to and use of the Site (including the content of such Site) through Us is collectively referred to as "the Service(s)." PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR OTHERWISE ACCESS THE SITE. You may use Our Site for legal purposes only. Your rights to use this Site may be further limited by federal law or the laws or regulations in Your particular state or locality.
Your Acceptance of the Terms and Conditions
The Terms constitute a legal agreement between You, as a visitor to the Site, and Us. Any information provided by You is also subject to Our Privacy Policy, which is incorporated by reference into the Terms. By using the Services, You acknowledge and agree that You have read and agree to the terms in Our Privacy Policy. Additional terms and conditions of use may also be posted directly on other areas of the Site, and together with the Terms, as amended from time to time, are collectively referred to as the "Agreement." We reserve the right to modify any or all of this Agreement at any time, and such change will be effective immediately upon its publication on Our Site. You agree to be bound by the terms and conditions of this Agreement, and any modifications thereof, as long as You continue to access and use the Services. Because of the possibility that the Agreement could change between visits, You also agree to check the Terms of the Agreement each time You return. Your continued access to or use of Our Site Content (defined below) shall be deemed Your conclusive acceptance of modifications to this agreement.
The Rights We Grant to You
The contents of this website, such as text, graphics, images, video and other content (the "Site Material"), are protected by copyright under both United States and foreign laws. We authorize You, non-exclusively and non-transferably, to view and download a single copy of the Site Material for Your personal use. This authorization is not a transfer of title in the Site Content or copies of the Site Content. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify Our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. The names, marks and logos included in the Site Material are, unless otherwise noted, registered and/or common law trademarks owned by or licensed to Us. Marks not belonging to Us belong to their respective third party owners and We claim no rights in them. The use of these marks or the Site Material, except as provided in these Terms and Conditions, is prohibited.
Site Content
You acknowledge that the Service contains "Site Content," which collectively refers to any of the following owned by Us: any text, graphics, images, information, software, audio and video clips, links, logos, icons, and other material, including but not limited to proprietary and confidential information, copyrights, patents, trade secrets, trade dress, service marks and trademarks, including the Marks (as defined below). Any Site Content owned by Us is referred to herein as "Our Site Material." Our Site Material may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on Our Site without prior notice.
Color Disclaimer
The colors you see on this website are representations of the colors of our products but should not be used to make final buying decisions. We strive to show our colors as accurately as possible, but due to the inconsistencies of computer display monitors, we cannot guarantee they are absolutely correct.
Rights to the Site Content
All Site Content, in whole or in part, is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, or unless otherwise stated, is owned by Us, whether or not such rights are expressly identified in, or in connection with, such Site Content. You understand and agree that You may not remove, alter or cover any copyright or other proprietary notices placed on Our Site. No other license to use any of the Site Content is given or implied without Our prior written consent. You may not transfer the Site Content to any other person unless You give him or her notice of, and s/he agrees to accept, the obligations arising under these Terms. You agree that You will not refer to or attribute any information to Us in any public medium (regardless of form) for advertising, public relations, marketing or other purpose (including informing or influencing any third party). Unless otherwise specified hereunder, You may not sell, rent, modify, reproduce, display, distribute, redistribute, republicize, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit or otherwise use the Site Content, in whole or in part, in any way without Our prior written consent. The names, marks, logos and/or text appearing on the Site Content ("Marks") are registered and unregistered trademarks owned by Us and protected under all applicable laws. Unless otherwise specified hereunder, such Marks may not be used in any way that is not expressly authorized by Us, in any manner that is likely to cause confusion among the public about Us or Our business, or in any manner that disparages or discredits Us. You agree that You will not copy or reproduce any Mark of Ours to imply an endorsement by or relationship with Us.
User Rules and User Information
As a user of the Service, You agree to carefully read and abide by the Agreement, including any user rules of conduct as specified below. You must be over 18 to access and use Our Site and Services. If You are over 18, You agree to take full and active responsibility to prevent the use of Our Site and Services by any children under 18. You may be responsible for as a parent or legal guardian. If You are under 18, You may not access and use the Site and Services without Your parent's or legal guardian's supervision.
Improper Use of Our Site
You may not introduce any material into Our Site that contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or appropriate Our Site or any information residing on Our Site. If You use, or attempt to use, Our Site or its Content for improper purposes including without limitation tampering, hacking, modifying, or otherwise corrupting the security of Our Site, You will be responsible for all damages including, but not limited to, criminal prosecution and civil and criminal penalties.
Disclaimer of Warranties
Although We strive for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the material on this website or about the results to be obtained from using Our Site. You use Our Site and its material at Your own risk. WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE'S MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE AND OUR AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THIS WEB SITE.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE AND/OR ANY AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and services available through Our Site arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.
Errors, Omissions and Inaccuracies
We endeavor to present the most recent, most accurate and most reliable information on Our Site at all times. However, there may be occasions when some of the information featured on Our Site may contain incomplete data, typographical errors or inaccuracies. Accordingly, pricing, availability and product descriptions are subject to change without notice. We reserve the right to revoke, refuse or cancel any orders placed for products listed at the incorrect price including after an order has been submitted. In the event that Your credit card has already been charged for the purchase and Your order is canceled, We will issue a credit to Your credit card account in the amount of the charge. Errors, omissions and inaccuracies are wholly unintentional and We apologize for the inconvenience in advance.
Links
This website contains links to websites owned by third parties ("Third Party Sites"). Should You utilize these links, You will leave Our Site. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. You also agree that We are not responsible or liable for any direct or indirect damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, products or services. These links are provided solely as a convenience to You and are not an endorsement by Us of the contents on those other sites, which content may change at any time without notice to Us. We are not responsible for the content of any linked sites and make no representations regarding the content or accuracy of materials on such sites, nor do We make any representations regarding the privacy practices of such sites. If You are concerned about the privacy practices of an outside site, please consult its Privacy Policy. We are not responsible or liable for applications, admissions, hiring and employment practices and access to services, programs, institutions and services of such Third Party Sites. We are not responsible for any misuse of intellectual property found on those sites.
International Use
Although Our Site may be accessible worldwide, We make no representation that the materials on Our Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If You choose to access Our Site from other locations, You do so on your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with Our Site is void where prohibited.
Governing Law
We (excluding any linked sites) are controlled by Kanibal & Co., LLC from Our offices within the State of New Jersey, United States of America. Our Site can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of New Jersey, by accessing Our Site, You agree that the statutes and laws of the State of New Jersey, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of Our Site and the purchase of products and services available through Our Site. Any action You or any third party might bring in connection with any matters related to Us or Our Site, shall be brought only in either the state or Federal Courts located in New Jersey, and You expressly consent to the jurisdiction of said courts.
Americans with Disabled Act
If You have difficulty accessing any portions of Our Site due to incompatibility with adaptive technology, or You have suggestions on how We can make this site more accessible, or You need the information in an alternative format, please contact us at: kanibal@shopkanibal.com.
The Children's Online Privacy Protection Act
The Children's Online Privacy Protection Act (COPPA) protects the online privacy and personal information of children under 13 years of age. In compliance with this act, We do not promote online to children, and do not intentionally collect any personally identifiable information from children under age 13.
Miscellaneous Terms
This Agreement constitutes the entire agreement between You and Us, and supersedes any prior agreements between You and Us. If any provision under this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. We may assign Our rights and obligations under this Agreement at any time and without notice to You. The section headings used in this Agreement are for convenience only and have no legal effect.
Privacy Policy
At ShopKanibal.com, we are committed to protecting your privacy online. Your private information will never be disclosed to anyone and will be used only to process your order and to provide a more personalized shopping experience. The personal information given upon checking out in the shopping cart is encrypted and held in strict confidence. It will not be transferred to any mailing lists. When you shop on ShopKanibal.com, we collect personal information from you such as your name, e-mail address, billing address, shipping address, telephone number and product selections. We may also store the website or the URL you came from, domain types, your browser type, the country, state and telephone area code where your server is located, and pages of our site that were viewed during your visit. ShopKanibal.com does not sell or rent your personal information to others. We use customer information we collect only for the purpose of filling orders, contacting purchaser to inform them of their order status, sending promotional information, enhancing the operation of our site, for statistical purposes and to administer our system. We may use third parties to help us fulfill orders, to help process payments, to provide customer service, to service site content, to help administer promotional emails and to administer warranties purchased. ShopKanibal.com will give these third parties access to the information needed to complete their job. Sometimes that includes a portion of your personal information. All orders are processed through a secure server via Paypal. We do not disclose your personal account information or any information about your purchases to anyone. This website may contain links to other websites. ShopKanibal.com is not responsible for the privacy practices or the content of such websites. For questions or feedbacks about this privacy statement or practices of this site, contact us via e-mail: kanibal@shopkanibal.com.
Customer Service
Kanibal & Co. prides itself in custom pieces that reflect the hand of the artist and a tradition of craftsmanship. If you find yourself not satisfied with a purchase, we encourage you to return the item(s) within 14 days from the date of delivery. Please see the Returns Policy for more information.
Availability
Since we pride ourselves on presenting unique pieces that make a statement, much of our merchandise is available on a limited basis. Once an item is sold out, we make every attempt to remove that item from our website. If there is something that you have seen on the site that you love please don’t hesitate to contact us – although we can’t promise to find the exact piece again we can certainly search for something similar.
Ordering and Payment
Please see the FAQ section for details on how we process online payments. In-store and via phone we accept the following forms of payment: Visa, American Express and MasterCard.
Sales Tax
Kanibal & Co. collects sales tax only for purchases shipped within New Jersey locations. The New Jersey sales tax rate is 6.625%. You are responsible for all sales taxes and other taxes on items shipped to other states.
Return Policy and Refunds
Returns must be made within 14 days of delivery. Prior to making a return, please contact us at hello@shopkanibal.com with a description of your problem. YOU MUST NOTIFY KANIBAL & CO. BEFORE ATTEMPTING A RETURN. UNSOLICITED RETURNS WILL NOT BE ACCEPTED. Upon contacting Kanibal & Co. you will be given a returns-only address. Kanibal & Co. is not responsible for shipping costs associated with returns. Refunds will be credited back to the original method of payment. Please allow approximately two to three weeks for the processing of your return. Kanibal & Co. is not responsible for returns that are not received.
Shipping Information
Kanibal & Co. usually ships items within two business days of ordering. Please allow additional time for handmade items such as jewelry. We cannot ship to a P.O. Box. The risk of loss and title for all merchandise shipped transfers to you upon our delivery of the merchandise to the shipping carrier. Currently we can only deliver within the continental United States.