KENNINSPRING STUDIOS
https://kenninspringstudios.com
P O Box 72, Bethlehem, CT 06751

TERMS OF SERVICE as of 6/24/2020

OVERVIEW
This website is operated by Kenninspring Studios (“we”, “us” and “our”). Kenninspring Studios offers this website, its information, and Services to you, the user, conditioned upon your acceptance of the following terms and conditions.

Please read these Terms of Service carefully before accessing or using our website. By visiting our site and/or purchasing something from us, you engage in our service and agree to be bound by these terms and conditions. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to this site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

AGREEMENT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

COPYRIGHT
All content included on this site, including text, graphics, images, audio clips, digital downloads, data compilations, and software, is the property of Kenninspring Studios or its content suppliers and protected by international copyright laws. All rights are reserved by Kenninspring Studios and its licensors. The name ‘Kenninspring’ is a registered trademark.

We grant you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with our prior express written consent. 

This license does not include

  • any resale or commercial use of this site or its contents,
  • any collection and use of any product listings, descriptions, or prices,
  • any derivative use of this site or its contents,
  • any downloading or copying of account information for the benefit of another merchant,
  • or any use of data gathering tools,

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. 

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior express written consent. Any unauthorized use terminates the permission or license hereby granted.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

LINKING TO THIS SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and does not portray Kenninspring Studios, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes or advocates the infringement of any third party rights.

You may not use any Kenninspring Studios logo or other proprietary graphic or trademark as part of the link without express written permission.

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Site. You agree to immediately comply upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time.

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation, (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

TERMS OF SALE ON OUR SHOP SITE
By placing an order you warrant that you are over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. When placing an order you warrant that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods.

We retain the right to refuse any request made by you, for instance in the cases of suspected fraud, unscrupulous business practices in conjunction with the purchase, intention of harm to our company and/or associates, or for any other reason in our sole discretion. Note that we will never refuse service based on race or gender identity.

When you place an order, you will receive an acknowledgment e­mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will be formed when we send you confirmation by e­mail that your order has been shipped to you. Only those goods listed in the confirmation e­mail sent at the time of shipping will be included in the contract formed.

Please double-check the accuracy of your address at checkout. If the carrier returns your package to us due to insufficient address, you will be charged a second shipping/handling fee.

If we discover an error in the details or price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.

If you think you have placed an order but do not receive an order confirmation or other correspondence concerning the order from us within 24 hours, please contact us in case the checkout process was not completed.  Also, do contact us if you do not receive a confirmation of item shipped within 3 business days of order confirmation.

PAYMENT
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received shall be treated as a deposit against the value of the goods purchased. Once the goods have been shipped and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods as listed in the confirmation email.

 This site uses payment processors. We do not retain your payment card data on this site. Please see our Privacy Policy for more information.

DELIVERY
All orders are subject to availability and confirmation of the order price. Orders are processed and shipped usually within 2 business days, barring delays caused by circumstances out of our control, such as severe weather conditions. Our standard carrier is the United States Postal Service®, usually First Class mail (1 – 3 days within the US, 2-8 weeks internationally). We will provide a tracking number whenever possible.

 RISK OF LOSS
All items purchased from kenninspring.com are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. We provide a tracking number or other proof that we have submitted the package into the hands of the USPS. It is your responsibility to contact your Post Office should the item not be delivered in reasonable time after your receipt of shipment confirmation. Please allow seven days before inquiry.

REURNS AND REFUNDS – USA ORDERS

This section pertains to returns  from sales within the United States only. (Returns are not accepted from international sales; see International Buyers section of these Terms.)

All product is inspected before placed in inventory, and inspected a second time before packaging for shipment to customer. Packaging is designed to prevent damage in transit.

Should you be dissatisfied with your order, please contact us within 3 days after the delivery confirmation date, to discuss a refund or exchange. Any authorized return will need to occur within 14 days after the date of the return authorization and must be accompanied by a copy of the receipt for a refund or exchange to be issued. Item must be in the same condition in which it was received and in original packaging. Buyer pays for return shipping.

No refund or exchange will be issued if a copy of the receipt is not included with the item. No refund or exchange will be issued if the item is returned without prior authorization from us. Contact us before mailing it back.

Refunds: upon receipt of the item we will issue a refund of the full purchase price (item, shipping, sales tax if applicable) to your original form of payment.

Exchange:  for the same or a different item of the same value can be made, subject to availability of stock. If available, item will be put aside for buyer on the day of exchange authorization. Buyer pays for shipping of new item, unless exchange is due to our fulfilling original order with incorrect product.

ITEM CONDITION
Slight imperfections in the enamel or variations in metal line thickness due to polishing are to be expected and are in the nature of this individually hand made, kiln fired product. Each pin is inspected under magnification. We do not sell pins with noticeable imperfections.

Packaging is designed to protect the pin from expected external pressure during shipping. Should the post on the back of the lapel pin be slightly bent on arrival, or should it bend during subsequent use, it can be gently straightened with pliers.

The brad next to the post is to keep the pin properly oriented when worn. It will create a second, smaller hole between the fabric threads or in whatever medium pinned to and the tip will be protected within the diameter of the rubber clutch. You agree that you are aware both posts are sharp enough to cause injury if not handled with care or not used with a protective clutch.

COMPLAINTS
Please contact us as soon as possible should your have an issue concerning an order. We value your business and will try our best to resolve all disputes when they arise.

INTERNATIONAL BUYERS
Please ensure you understand all additional costs you may incur upon import before you place an order.

You, the buyer, acknowledge you are the importer of record, and it is your responsibility to find out if there will be additional customs duties, tariffs, fees, taxes and additional postage due in your country, and to pay all such costs.

Our prices do not include any VAT or GST tax, or customs duties. Kenninspring Studios cannot legally collect and submit your government’s taxes on your behalf.

Before shipping, KS receives from the buyer the price for the product and the international shipping flat rate fee that offsets some of our packaging and shipping costs.

Kenninspring Studios is responsible for:

  • securely packaging the product to withstand the rigors of shipment,
  • clearly labeling the destination address as provided by the buyer,
  • accurately filling out the customs forms as to the contents and value of the package,
  • putting the package in the hands of the United States Postal Service promptly, and
  • communicating the tracking number to the buyer, if one is provided by the carrier. Keep in mind the tracking number may be inaccurate beyond the US border.


The Buyer is responsible for:

  • knowing the laws of their country and being aware of all costs needed to cover import duties, tariffs, fees, taxes, and any additional local postage before committing to the purchase,
  • paying the additional potential costs to their government agencies and postal service, and
  • inquiring with local agencies should the package be deemed late to arrive. Keep in mind it can take 2 to 8 weeks on average, and customs may hold a package for several weeks more to conduct inspections or waiting for payment of duties.

The buyer acknowledges Kenninspring Studios has no control over, knowledge of, or responsibility for your country’s duties, fees, taxes, local postage or delivery delays, and cannot be asked to make inaccurate declarations on customs forms. This is non-negotiable.

INTERNATIONAL RETURNS
Kenninspring Studios does not accept international returns or exchanges due to buyer’s remorse or ignorance of potential customs fees and taxes.

Orders returned to us due to non-delivery, or packages deemed lost or stolen after waiting at least 8 weeks and contacting local agencies, will be canceled and refunded the original item price only. Our flat rate shipping fee is not refundable, except in the following case:

In the unlikely event that the item arrives broken, or is not the item stated in your order, you may email a photograph of the broken or incorrect item, within three (3) days of receipt, and we can either refund the original price and our shipping fee, or ship a new one waiving the price and shipping fee. Be aware you will still be responsible for any import duties, tariffs, fees, taxes, and local postage your country may impose on the second shipment, as those charges are out of our control.

MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kenninspring Studios, or any person(s) affiliated with us in any way,  be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of, or any other claim related to, any of the service or any products procured using the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You understand fully that some of our products, including lapel pins, contain parts that are sharp enough to cause injury, such as the attachment post on a lapel pin. You agree that pin clasps and posts are designed to be sharp points in order to function normally. You agree to always fully fasten pin backs and use the rubber clutch or similar lapel pin clutch on the post when attaching a lapel pin. You understand and agree that these products are not intended for use by children or anyone with impaired ability to use the product safely. You agree Kenninspring Studios cannot be held liable for injury incurred by the wearer, or if children or others be allowed to, or by accident, handle product in an unsafe manner.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kenninspring Studios and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW and ARBITRATION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Connecticut, United States.

Unresolved disputes concerning your visit to our Site or use of our Services shall be submitted to confidential arbitration in the State of Connecticut, USA. Arbitration under this agreement shall be binding and conducted under the rules then prevailing of the American Arbitration Association.

CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

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.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at the email adress rthat reads ‘contact-at-kenninspring-dot-com’, or reach out to us on the contact form on the Site.