Karse Designs - Terms and Conditions
Karse Designs - Escape The Ordinary!



TERMS AND CONDITIONS
Karse Designs strives to achieve the highest level of service in our industry. Our goal is to provide our customers with the best possible customer experience. We aim to provide nothing but the best in quality and service.

Inaccuracies
We endeavor to present the most recent, most accurate, and most reliable information on our company website, KarseDesigns.com, as well as any additional e-Commerce Site that we choose to sell our products on. However, there may be occasions when some of the information featured on KarseDesigns.com as well as any additional e-Commerce site that carries our products on may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and Karse Designs makes no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.
 
In the event a Karse Designs’ product is listed at an incorrect price due to photographical error, typographical error or error in pricing information received from our suppliers, Karse Designs shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Karse Designs shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. 

Acceptance
By continuing to us our company website and/or viewing our products on e-Commerce Sites that we have listed our products on, you and any of your personal affiliates acknowledge that you are of the full and complete understanding of our Terms and Conditions including, but not limited to, each and every one of our policies that we hold now or choose to adopt in the future. We reserve the right to amend, which includes subtracting policies that we once adopted and/or adding additional policies to our Terms and Conditions. The Terms and Conditions that are of the most current date are the policies that Karse Designs hold as valid, thus current policies negate any and all previous Terms and Conditions and/or policies that Karse Designs has listed, either on our company website, on any and all e-Commerce sites and/or social sites that we list our products on, as well as that which was stated on all of our invoices, emails, company letterhead and all correspondence. Should you enter into business with Karse Designs either via correspondence, product inquiry and or by submitting an order, you are personally submitting that you agree to abide by and follow our policies. Customer claim to not have seen or read Karse Designs’ Terms, Conditions and Policies will not be held as a condition for any type of claim in any manner, to include but not limited to, any legal action, order cancellation and/or request for refund either directly from Karse Designs, from e-Commerce Sites we list our products on or from customer’s credit card company and/or e-Commerce merchant site that monies are transferred through. Terms, Conditions and Policies are posted on all Sites Karse Designs are affiliated with and customer failure to read these policies do not and will not affect customer deemed acceptance of Policies by continued viewing of our Sites.

Availability
At Karse Designs, we go out of our way to build the kind of distinctive merchandise for which the Karse Designs name is recognized. Please understand that we are a 100% custom company. That means every product that we produce is built to our customers’ and/or your specifications. On rare occasions we will have products in stock, however our primary scope of business is building a product on a customer to customer basis built to customer specific requests. It is a common occurrence when building custom products for special order items to possibly be back ordered. Karse Designs does not have control over this occurrence and we make every provision to help this not to happen, but in the event that a back order takes place, Karse Designs will notify customer of prospective new delivery dates. By placing an order with Karse Designs, customer acknowledges this possibility. Should you have any questions concerning the availability of a particular item, please contact us.

Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Correspondence
Although we will make every effort to respond within two-three business day to applicable email messages and/or messages sent through any e-Commerce sites that carry our products, Karse Designs is under no obligation to respond to all pieces of correspondence received through this these Site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding Karse Designs, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company shall become and remain the property of Karse Designs. To the extent that ownership of such submissions does not vest with Karse Designs, you grant Karse Designs a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sublicense. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission, and you represent and warrant that any use by Karse Designs of such information or idea will not violate any intellectual property, proprietary, contract or other right of any third party. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

Indemnification
You agree to indemnify, defend, and hold harmless Karse Designs, its officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (1) any violation of these terms and conditions, (2) any allegation that any information or material submitted by you to Karse Designs violates any intellectual property, proprietary, contract, or other right of any third party.

Disclaimer
Given the unpredictability of technology and the online environment, Karse Designs does not warrant that the function or operation of our company website, this Site and/or any e-Commerce that we carry our products on will be uninterrupted or error-free, that defects will be corrected, or that this and any Site or their servers that makes it available will be free of viruses or other harmful elements. As a visitor to, and user of our company website, this Site and/or any e-Commerce that we carry our products on, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our Site. As a visitor to, and a user of, this Site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KARSE DESIGNS AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Limitation of Liability
NEITHER KARSE DESIGNS NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR MATERIALS IS TO STOP USING THE SITE AND/OR MATERIALS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Exclusive Remedy
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO KARSE DESIGNS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED IN ANY WAY TO YOUR ACCESS OF THE THIS WEBSITE SHALL BE $100.

Termination
We reserve the right to immediately terminate this agreement, and/or your access to and use of our company website, this Site and/or any e-Commerce that we carry our products on or any portion thereof, at any time and for any reason, with or without cause. Karse Designs shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Site shall immediately cease.


Miscellaneous
This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Fresno, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with Company's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
 
Return Policy
Karse Designs’ products are custom built to individual customer specification and is hand crafted upon order, thus because of this custom nature, every product Karse Designs sells is non-cancellable (unless within 24 hours of initial order placement), non-returnable and non-refundable unless specifically stated by Karse Designs in a product description with the exception of manufacturer defects.  Submission for rectification of manufacturer defects will only be accepted by Karse Designs within the first seven (7) days of acceptance by customer of their ordered product.

Customer and/or anyone affiliated with said customer may not cancel a custom product order before taking receipt of order for ANY reason unless Karse Designs is of complete agreement and has given customer a written, signed and dated agreement of cancellation via standard mail. Customer and/or anyone affiliated with said customer may not cancel a custom product order stating delay of shipment. Customer and/or anyone affiliated with said customer may not cancel a custom product order stating order has been delayed because of back-order. Karse Designs will make every effort to notify customer of delay in shipment for any reason including, but not limited to back order. Customer accepts that it is a common occurrence when ordering a custom product that one (1) or more items and/or parts used in manufacturing of custom products could possibly be back ordered, either by Karse Designs or by Karse Designs’ vendors. When ordering a custom product it is common that items used in manufacturing could possibly be a “special order” item from Karse Designs vendors. Customer and/or anyone affiliated with said customer accepts the fact that the risk of having a back order delay the Karse Designs manufacturing process to include, but not limited to, delay shipment does marketably increase when customer has multiple very specific building requests and/or customer has a request for items that are “unique in nature”. “Unique in nature” will be determined by data gathered from the custom furniture industry, building industry, textile industry and/or Karse Designs experience in working daily in the industry. Customer may NOT go beyond Karse Designs scope to initiate a refund without Karse Designs’ written, signed and dated consent by requesting refund from personal credit card companies, merchant accounts used to submit initial product payment or by stopping payment on personal check for any reason unless agreement is previously given to customer in a written, signed and dated form from Karse Designs. Should breach of contract take place and customer is allowed by other companies not affiliated as an owner or employee of Karse Designs to obtain actual monies refunded to them, customer is in complete knowledge that Karse Designs will use any and all resources available, to include but not limited to legal action, to obtain a reversal of customer un-allowable actions at the expense of customer, to include but not limited to legal representation of Karse Designs. As previously stated in Karse Designs Terms, Conditions and Policies, Karse Designs does not accept responsibility for a break in communication due to technology, servers and/or maintenance of hosted e-Commerce Sites. That is only a break in communication which will be rectified as soon as Karse Designs is made aware of said break in communication lines and it in no way affects the quality of our custom products and it is also included as a non-allowable reason for cancellation either before receipt of shipment or after. 

Customer accepts the possibility their own personal views of “proper communication”, including but not limited to amount of communication as well as timing of return of communication either via phone, email, mail or otherwise, may differ from Karse Designs views and views of other e-Commerce companies that have to attend to multiple customers, multiple orders and hundreds of emails daily. Each and every customer is of the utmost importance to Karse Designs, however, because a customer becomes upset because they didn’t receive a call when they wanted or an email when wanted or a request wasn’t immediately responded to will not and will never be a legal reason to cancel order and demand refund, either from Karse Designs, from any e-Commerce Site that Karse Designs lists products on or from any affiliated merchant accounts through which payments are sent to Karse Designs. Should customer request refund after receipt because of manufacturer’s defect, customer is to notify Karse Designs first to obtain authorization for return of shipment. Customer is responsible for return shipping in same and/or equally comparable packaging as product was initially shipped. 

Karse Designs reserves the right to modify its exchange and return policies at any time.