Site Use: You may not modify, copy, print, display, reproduce, distribute, or publish any information from this site without the express permission of Tonya Dalton and Kotori Designs. At any time Kotori Designs may make changes to this site or to the services or products described in this site without notice.
Price: There shall be added to the prices shown, the amount of any sales, use, or other taxes however designated, levied or based on such prices or on this Agreement or the sale or use of the property sold hereunder (hereafter the "merchandise") including state and local privilege or excise taxes based on gross revenue and any taxes or amounts in lieu thereof paid or payable by Kotori Designs in respect of the foregoing, exclusive however of taxes based on net income. Any personal property taxes assessable on the equipment from the date of acceptance of this Agreement shall be borne by the Customer. Kotori Designs reserves right to charge 2% interest per month on all invoices unpaid after the due date.
Returns: It is the Customer's responsibility to assure the quality all goods received. All sales are final except for merchandise that arrives to the customer damaged or defective. Returned Material Authorization must be granted for all returned goods. In order to receive a refund credited to your bank account, your order must have been placed no more than 60 days from when a refund is requested. For your security, the refund must be credited back to the card used to purchase. In the event that your credit card has expired or has been cancelled, store credit will be issued.
As a security feature we do not retain credit card numbers as our system is designed to provide security to our customer. After 3 months, we no longer have the ability to issue a refund to your order through our merchant processing company and will issue store credit. We do not manually accept credit cards for security reasons.
Customer shall indemnify Kotori Designs against and hold Kotori Designs harmless from any and all claims, actions, proceedings, expenses, damages or liabilities including attorney's fees, arising in connection with the customer’s personal use of any product purchased from the Kotori Designs.
Inability to Perform: Kotori Designs shall not be required to perform its obligations under this Agreement, or be liable for its failure to perform, if nonperformance is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of merchandise, contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any cause not within the control of Kotori Designs.
License: By agreeing to these terms you hereby grant Kotori Designs a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use all of the materials and photos that you submit including all trade secrets, copyrights, patents or other intellectual property contained in such material photos.
International Policies Many countries have their own policies concerning the purchase of goods outside of their country. Please be aware of your own countries policies before purchasing Kotori Designs merchandise. Taxes and tarrifs are not implemented from Kotori Designs but by your federal government and are the responsibility of the customer to pay at the time of delivery.
Risk of Loss & Insurance:
All sales to customer are FOB shipment origin. All risk of loss and destruction of or damage to all products by reason of theft, fire, water or any other cause shall pass to Customer upon shipment of the merchandise to the Customer, and the occurrence of any such casualty shall not relieve the Customer from making payment of the balance of the purchase price.
Disclaimer and Limitations of Liability:
Kotori Designs’ liability to the customer for any loss, damage or expense of any kind, resulting from, but not necessarily limited to, any defect of any product, the use, or any other cause whatsoever, regardless of the form of action, whether in tort or in contract, shall be limited to the actual charge listed on the face of this agreement without interest. Kotori Designs will in no event be liable for lost profits or other consequential damages even if Kotori Designs or its representatives have been advised of the possibility of such damages or for any claim against the customer by any other party. Kotori Designs will in no event be liable for any loss, damage, or expense of any kind resulting from Kotori Designs or any of its employees, representatives or sales persons rendering technical or other advice or representation in connection with the performance of any computer hardware, computer software, computer printers, media used by those printers or any combinations thereof unless it is specifically contained in this agreement.
Copyright Kotori Designs and all related images or printed materials are exclusive copyrights or other intellectual property of Kotori Designs. All other trademarks, copyrights, trade secrets or other intellectual property contained in the photos and other materials that appear on the Kotori Designs site are the property of their respective owners. You are not entitled to use any images in connection with any product or service without the express permission of Kotori Designs and/or the owner of that image. You are not entitled to duplicate, sell or distribute any such images or materials without the express permission of Kotori Designs or the owner of that content.
Agreement: This Agreement contains the entire Agreement between the parties hereto with respect to products purchased. No promise, representation, warranty or covenant not included in Agreement has been or is relied on by either party. Each party has relied on its own examination of this Agreement and the provisions hereof and the counsel of its own advisors. The failure or refusal of either party to inspect the agreement or other documents or the failure to obtain legal or other advice relevant to this transaction constitutes a waiver of any objections, contentions, claims that might have been based upon such reading, inspection or advice. No modification or amendment to this Agreement shall be of any force or effect unless in writing executed by the Customer and authorized representative(s) of Kotori Designs. This Agreement is not assignable by Customer without the prior written consent of Kotori Designs. The placement of order with Kotori Designs, or the delivery or acceptance of products or service from Kotori Designs constitutes acceptance of above terms.