Terms & Conditions
Terms and Conditions
These General Terms and Conditions of Use ("Terms") are entered into by and between you and Jenniefer Kirk, LLC, a Rhode Island Limited Liability Company ("Jenniefer Kirk") who is doing business as Kirks Folly. In consideration of your use of and access to this Internet site, Kirks Folly mobile services, Kirks Folly telephone ordering, Kirks Folly email addresses, and other websites and services on which these Terms are posted or expressly referenced ("Kirks Folly Services"), and the promises and obligations herein, and intending to be legally bound, you and Jenniefer Kirk hereby agree as follows:
Your access to and use of the Kirks Folly Services is subject to these Terms, which incorporate the separately posted Privacy Statement and Kirks Folly Community – Standards for Participation, and other policies, as well as any modifications to them issued by Jenniefer Kirk and all applicable laws and regulations. If any of the Kirks Folly Services, set forth separate or additional terms and conditions of use, privacy statement, or other policy ("Separate Terms"), then those Separate Terms as modified from time to time shall apply in connection with your use of that Kirks Folly Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE KIRKS FOLLY SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the Kirks Folly Services. These Terms do not govern your use of any websites of Kirks Folly affiliates based outside the United States or of any other services offered by Kirks Folly affiliates outside the United States.
Among other things, the Kirks Folly Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the Kirks Folly Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Kirks Folly Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
1. Changes in Terms
Jenniefer Kirk shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Kirks Folly Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the Kirks Folly Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Jenniefer Kirk to these Terms. ANY ACCESS OR USE OF THE KIRKS FOLLY SEVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Jenniefer Kirk shall be valid or enforceable against Jenniefer Kirk unless expressly agreed to by Jenniefer Kirk in a writing signed by a duly authorized officer of Jenniefer Kirk.
These Terms are effective until terminated by Jenniefer Kirk. Jenniefer Kirk may terminate these Kirks Folly Services Terms without notice and at any time in connection with any of the Kirks Folly Services. In the event of termination, you are no longer authorized to access those Kirks Folly Services, 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.
Jenniefer Kirk shall also have the right without notice and at any time to terminate some or all of the Kirks Folly Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the Kirks Folly Services or any feature or portion thereof.
3. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Kirks Folly Services and your purchase of products or services through them. You must be at least 18 years old to use the Kirks Folly Services.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Jenniefer Kirk on or through the Kirks Folly Services, 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. Jenniefer Kirk 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 Jenniefer Kirk in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Jenniefer Kirk or by third parties that have licensed their use to Jenniefer Kirk. You may view and use the Content only for your personal information and for shopping and ordering on or through the Kirks Folly Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Jenniefer Kirk 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 Kirks Folly Services, 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 Jenniefer Kirk, is strictly prohibited.
5. Linked Third Party Sites
Links to other Internet sites operated by third parties, including Jenniefer Kirk vendors, do not constitute sponsorship, endorsement, or approval by Jenniefer Kirk of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Jenniefer Kirk, and Jenniefer Kirk 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.
6. Prices; Orders
All prices displayed in the Kirks Folly Services are quoted in U.S. dollars. Jenniefer Kirk may restrict delivery to addresses within the United States. Jenniefer Kirk will add shipping and handling fees and applicable sales/use tax. Jenniefer Kirk reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the Kirks Folly Services 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 Kirks Folly Services do not imply endorsement of that product or service, or constitute a warranty, by Jenniefer Kirk.
The receipt by you of an order confirmation does not constitute Jenniefer Kirk's acceptance of an order. Prior to Jenniefer Kirk's acceptance of an order, verification of information and approval of the order may be required. Jenniefer Kirk reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Jenniefer Kirk, for any reason. Jenniefer Kirk reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Jenniefer Kirk shall have the right to refuse or cancel orders placed for the product or service 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 canceled, Jenniefer Kirk shall promptly issue a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by Jenniefer Kirk pass to you upon Jenniefer Kirk's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Jenniefer Kirk's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
7. Disclaimer and Limitation of Liability as to the KirksFolly.com Site and Content
JENNIEFER KIRK MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE KIRKS FOLLY SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. JENNIEFER KIRK ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE KIRKS FOLLY SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE KIRKS FOLLY SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE KIRKS FOLLY SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION 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 KIRKS FOLLY SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL JENNIEFER KIRK, 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 ANY OF THE Kirks Folly Services OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Jenniefer Kirk IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Disclaimer and Limitation of Liability as to Products and Services
Jenniefer Kirk wants you to be completely satisfied with your purchase through the KirksFolly.com website. If for any reason you are not entirely pleased with a product you purchased through the Kirks Folly Services, simply return it within 30 days of receipt for an exchange, or a refund of the purchase price minus the original shipping and handling (if applicable). Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY JENNIEFER KIRK ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, JENNIEFER KIRK MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, JENNIEFER KIRK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE KIRKS FOLLY SERVICES, 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. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL JENNIEFER KIRK, 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 WITHOUT LIMITATION 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 Kirks Folly Services, EVEN IF JENNIEFER KIRK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL JENNIEFER KIRK'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Jenniefer Kirk, Jenniefer Kirk'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 without limitation 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 Kirks Folly Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Kirks Folly Services or any product or service provided to you arising out of or relating to your use of the Kirks Folly Services.
Except as otherwise expressly provided herein or in Jenniefer Kirk's separately posted Privacy Statement, any communication or material you transmit to Jenniefer Kirk through the Kirks Folly Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, "Submissions"), is and will be treated as non-confidential and non-proprietary and may be used by Jenniefer Kirk, Jenniefer Kirk vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, Jenniefer Kirk, Jenniefer Kirk vendors, and their affiliates and related entities are free to use any Submissions contained in any communication you send to Jenniefer Kirk through the Kirks Folly Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such Submissions. Jenniefer Kirk has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
11. Mobile Services
The Kirks Folly Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Jenniefer Kirk, and access certain other features (collectively the "Mobile Services"). Although Jenniefer Kirk does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that Jenniefer Kirk may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Jenniefer Kirk. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages Jenniefer Kirk intends to send to you are not sent to another person who acquires your former mobile telephone number.
The number of Text Alerts you'll receive will vary based on your selections and the frequency that you place orders with Jenniefer Kirk.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Jenniefer Kirk 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.
Jenniefer Kirk shall not be liable for any nonperformance 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, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the Kirks Folly Services shall not be construed as Jenniefer Kirk's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Rhode Island. This Agreement shall be governed by and construed in accordance with the laws of the State of Rhode Island, without regard to conflicts of law provisions. Additionally, any claims brought against Jenniefer Kirk shall be governed by and construed in accordance with the laws of the State of Rhode Island. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Kirks Folly Services, or any orders placed or products or services purchased through any of them, shall be in the state or federal courts located in Rhode Island.
Revised: March 1, 2017