Effective Date of Terms: 1.0 of May,2022
These General Terms and Conditions of Use ("Terms") are entered into by and between you and KUAN'S LIVING S.R.L.
By using this Site, you agree to and will be deemed to be bound by these terms.
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1.Changes in Terms
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. No modification to these Terms by any party other than Kuan’s Living shall be valid or enforceable against Kuan’s Living unless expressly agreed in writing and signed by a duly authorized officer of Kuan’s Living.
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2. Termination
These Terms are effective until terminated by Kuan’s Living. Kuan’s Living may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Kuan’s Living shall also have the right without notice and at any time to terminate Kuan’s Living or any portion thereof, or any products or services offered through Kuan’s Living, or to terminate any individual's right to access or use Kuan’s Living or any portion thereof.
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3. Compliance with Laws
These conditions are governed by and construed in accordance with the laws of Italy.You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of products through it. You must be at least 13 years old to use the Site. If you are under 18, you may only use the Site with the permission and involvement of a parent or guardian.
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4. Content and Intellectual Property
All content included on the website, such as text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Kuan’s Living, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content". The Content may contain errors, omissions, or typographical errors or may be out of date. Kuan’s Living may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Kuan’s Living in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, the compilation of all Content is the exclusive property of Kuan’s Living and its affiliates and is protected by Italian, European Union and international copyrights and database right laws. All software used on this website is the property of Kuan’s Living, our affiliates or our software suppliers and is protected by Italian, European Union and internatinal copyright laws. You may view and use the Content only for your personal information and for shopping and ordering on or through the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Kuan’s Living does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Kuan’s Living, is strictly prohibited.
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5. Third Party Sites and Content
Links to other Internet sites operated by third parties, including Kuan’s Living vendors, do not constitute sponsorship, endorsement, or approval by Kuan’s Living of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Kuan’s Living, and Kuan’s Living is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation, privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
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6. Accessing the Website and Account Security
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unacthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password, and you also agree that all information you provide to register with this Site is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Your access to this website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any suspension or restruction.
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7. Prices, Orders, Shipping and Handling
All prices displayed on Kuan’s Living are quoted in Euro by default. Kuan’s Living reserves the right to discontinue or change specifications and prices on products and services offered through the Site without prior notice and without incurring any obligation to you. Products and services offered on this Site are available while supplies last. Descriptions of, or references to, products or services offered by the Site do not imply endorsement of that product or service, or constitute a warranty, by Kuan’s Living. Kuan’s Living may restrict delivery to addresses in certain states or countries and may add shipping and handling fees and applicable sales/use tax.
The risk of loss and title for all products purchased by you and shipped by Kuan’s Living or one of Kuan’s Living’s vendor partners pass to you upon delivery to the carrier for shipment. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such.
The receipt by you of an order confirmation does not constitute Kuan’s Living's acceptance of an order. Prior to Kuan’s Living's acceptance of an order, verification of information may be required. Kuan’s Living reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, for any reason. Kuan’s Living reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. If a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Kuan’s Living shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kuan’s Living shall promptly issue a credit to your credit card account in the amount of the incorrect price.
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8. Customs
Kuan’s Living may take responsibility for taxes and customs duties for EU countries according to the current EU regulations - for those destinations, no extra-fee will be charged on delivery. To check if we will pay taxes and custom duties on orders to your country, simply view your shopping bag, select the destination and shipping method of your order, and you will see if duties and taxes are paid by us or by the customer.
For other countries, the recipient may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the recipient, We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from our website, the recipient is considered the importer of record and must comply with all laws and regulations of the country in which the goods are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
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9. Colour
We have made every attempt to accurately depict, as much as reasonably possible, a true representation of product colours. However, due to monitor and/or screen discrepancies, we cannot guarantee that your display of colour is accurate. Orders returned due to undesired colour are not a product defect or shipping error; therefore per our Return Policy are not eligible for complimentary exchange.
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10. Disclaimer and Limitation of Liability as to this Site and Content
Kuan’s Living makes no warranties or representations whatsoever with respect to the Site or any linked site or its content. Kuan’s Living also does not warrant or represent that your access to or use of the Site or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Site or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all content provided on this Site is provided to users "as is,", with no warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The "as is" condition of content is expressly made a condition of any transaction arising through or as a result of the Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Under no circumstances shall Kuan’s Living, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use the Site or any linked site or its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if Kuan’s Living is expressly advised of the possibility of such damages.
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11. Disclaimer and Limitation of Liability as to Products and Services
All products and services sold by Kuan’s Living are subject to any applicable warranties and representations of their respective manufacturers. Accordingly, Kuan’s Living makes no representation or warranty with respect to any product or service sold. Except as expressly stated herein, Kuan’s Living expressly disclaims all warranties, express or implied, of any kind with respect to products and services sold through the Site, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Under no circumstances shall Kuan’s Living, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided through the Site, even if Kuan’s Living is expressly advised of the possibility of such damages. In no event shall Kuan’s Living's liability exceed the price you paid for the product or service that is the subject of the claim.
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12. Kuan’s Living’s Return Policy
If for any reason you are not entirely pleased, unused and unwashed items purchased through the Site may be returned within thirty (30) days of shipment for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. In the event where items purchased in a single order are delivered in multiple shipments, the return period starts from the dispatch date of the last shipment. All shipping and handling charges are non-refundable. We reserve the right to refuse the return of goods transmitted and/or shipped after the return period or that are not in their original condition. Please review our Return Policy, which applies to products purchased from us, or contact us at bespoke@kuansliving.com
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13. Indemnification
You agree to defend, indemnify, and hold harmless Kuan’s Living, Kuan’s Living's vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.
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14. Governance Law
This agreement and any dispute or claim arising out of, or in connection with, it or its subject matter, shall be governed by and construed in accordance with the Italian law.
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15. Additional Terms
Kuan’s Living shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including without limitation, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and replace all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Kuan’s Living of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
If you have any questions or concerns about the Site or these Terms, please contact bespoke@kuansliving.com.