Terms + Conditions

 
 
 
 
  1. TERMS OF USE

    These are the terms and conditions for your use of the Kristofer Lamey™ website, http://www.kristoferlamey.com (“website”), owned and operated by KristoferLamey, LLC, (“Kristofer Laméy” or “we” or “us”), a Georgia (USA) Limited Liability Company.

    Kristofer Laméy provides this website and related websites (the “Site”), services, products, and systems as a service to you, our customer, when you shop with us, buy our products, use our services, or use any mobile application we may provide (the “Services”). Your use of the Services is subject to the following Terms and Conditions (the “conditions”). By using the Site and the Services, you agree to these conditions and hereby acknowledge that you have read them carefully.

    We update our Terms and Conditions from time-to-time, so please review them before using the Site or Services. By continuing to use the Site and Services and purchasing products from us, you agree to these periodic updates.

  2. Third Party Platforms. Our Site is developed and hosted using www.squarespace.com, which is owned and operated by Squarespace, Inc. Our Site and its webstore utilizes the www.squarespace.com privacy and e-commerce platforms. As such, you and we are bound by the www.squarespace.com Terms of Service and Privacy Policy in-force as of each date you access this Site, and as may be modified by www.squarespace.com from time-to-time. You are solely responsible for reviewing the www.squarespace.com Terms of Service located at http://squarespace.com/terms-of-service, as well as the www.squarespace.com Privacy Policy located at http://squarespace.com/privacy. Each and all relevant provisions flowing from www.squarespace.com through us to you, and from you through us to www.squarespace.com, are hereby incorporated by reference as though fully set forth herein. Through your use of this Site, you acknowledge and agree that you are bound to each and all such www.squarespace.com provisions. Should there be any conflict between the www.squarespace.com Terms of Service and/or Privacy Policy and the Terms of Use and Privacy Policy of this Site, the www.squarespace.com Terms of Service and/or Privacy Policy shall govern.

  3. Privacy. Your use of this Site is governed by our privacy policy. Please review the policy for more information on how we collect and use information.

  4. Product Warranties. Kristofer Laméy's warranties sometimes vary by product, and all product-specific warranties are shipped with each product. Copies of any product warranty may be requested, in writing, from Serving Form at our contact address provided in these Terms and Conditions. In general, and subject to this limitation, Serving Form warrants that its products will be free from defects in materials and craftsmanship under normal use for a period of one year from date of original purchase, with certain exceptions. Serving Form will, at its sole option, repair or replace any defective product with the same product, or with one of equal or lesser value, or will refund the purchase price paid, during the warranty term. Replacement products provided hereunder are warranted against defects in materials and workmanship from the date of the repair or replacement for ninety (90) days or, if longer, for the remainder of the original warranty period. This warranty is non-transferable and covers only the original end-user purchaser. Defective conditions in the products caused by third parties, acts of God, defective installation, other trades, abnormal use or stress, or other matters unrelated to Kristofer Laméy’s activities are specifically excluded from the coverage of this warranty. You also hereby agree to be bound by Serving Form’s return and replacement policies.

  5. Payments. Serving Form applies your payment when you place your order. Serving Form accepts the forms of payment listed on our Site or during checkout.

  6. Purchases. Kristofer Laméy reserves the right to cancel or refuse to fulfill any order at any time. If we cancel or refuse to fulfill an order, we will issue you a refund and attempt to contact you at the contact information provided to Kristofer Laméy at the time the order was placed.

  7. No Changes or Cancellations. We cannot change or cancel your order once you place it. You may contact us at our address provided in these Terms and Conditions for our return policy.

  8. Delivery and Shipping. Risk of loss and title to your purchases pass to you upon delivery to our shipper. All regular orders are processed the following business day. We may provide expedited order shipping services, subject to the terms and conditions set forth at checkout.

  9. International Orders. We accept international orders at our sole discretion, subject at all times to U.S. export and customs laws and regulations. You are solely responsible for import duties, taxes, and brokerage fees (“Duties”). Duties are not included in the product price or shipping and handling costs, and these will be collected upon delivery from the carriers as applicable. Serving Form only charges the shipping fee for packages. You should check with your country’s customs office to determine what these additional costs will be.

  10. Third Party Websites. The Website may contain links to third-party websites that are not owned or controlled by Serving Form. Kristofer Laméy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Site, you expressly release Kristofer Laméy from any and all liability arising from your use of any third-party website.

  11. Third Party Content. The Site may contain third-party material, including, but not limited to, product reviews and customer comments. Each third-party is solely responsible for the material that they post on the Site. When reviewing third-party material included on the Site, please be aware that such material is solely the opinion of the third-party and that the third-party may or may not be an independent, unbiased individual qualified to provide such material. Kristofer Laméy takes no responsibility, and assumes no liability, for any third-party material posted on the Site.

  12. Intellectual Property Rights. All content included on or made available through the Site and Services, including information, data, software, photographs, graphs, videos, text, graphics, music, sounds and other material is protected by copyright, trademark, patent or other proprietary rights, and these rights are protected under U.S. and international laws. You agree to comply with applicable law in your use of the Site or Services.

  13. DMCA; Notice and Procedure for Making Claims of Copyright Infringement. We respect the intellectual property of others. If you believe that any material on the Site infringes on any copyright which you own or control, you may file a notification of that infringement with our designated agent to have the material removed or otherwise blocked from access. To be effective, please provide Kristofer Laméy’s copyright agent with notification in writing and include the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

    2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

    3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Serving Form to locate the material;

    4. Your address, telephone number, and if available, your e-mail address;

    5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

    6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    7. Send the written communication to our designated agent: Kristofer Laméy, Serving Form, LLC, 285 Peachtree Center Avenue Northeast, Atlanta, Georgia, USA, 30303, info@modulart5.com.

  14. Security. You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these Terms and Conditions. You will promptly report any unauthorized use of your password to us.

  15. Children under 13. The Site and Services are intended for use by individuals who are 13 years of age or older. If you are under 13, you may use this Site only with the assistance of your parent or guardian.

  16. No Illegal or Improper Use. You may not use the Site or any contents for any illegal or improper purpose. You agree to indemnify and hold harmless Kristofer Laméy, its affiliates and employees for any investigation, defense, settlement or legal proceeding arising out of or relating to your illegal or improper use of the Site and/or any contents.

  17. Errors. Kristofer Laméy makes every effort to ensure the accuracy of the information published on our Site. However, the documents and graphics published on this Site may contain technical inaccuracies or typographical errors. We do not warrant that the content on our Site is accurate, complete, reliable, current, or error-free. Kristofer Laméy may refuse or cancel orders placed with incorrect pricing. We do not guarantee prices for Kristofer Laméy products listed on other websites or price search engines. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition for a refund.

  18. Limited Warranties and Limitation of Liability. THE SITE AND SERVICES AND ALL PRODUCTS ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SERVING FORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER REMEDIES. THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR ONLY REMEDIES FOR ANY BREACH OF WARRANTY OR ANY OTHER CLAIM. SERVING FORM’S TOTAL LIABILITY ARISING OUT OF THE SITE, SERVICES, PRODUCTS, OR THE USE OF THE PRODUCTS, WHETHER ON WARRANTIES OR CLAIM OF NEGLIGENCE, OR OTHERWISE, SHALL NOT IN ANY CASE EXCEED THE COST PAID FOR THE DEFECTIVE PRODUCT OR 50 DOLLARS, WHICHEVER IS LESS, AND KRISTOFER LAMEY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.

  19. Contact Us; Notices. Kristofer Laméy, LLC, 285 Peachtree Center Avenue Northeast, Atlanta, Georgia, USA, 30303, info@modulart5.com.

  20. Governing Law. These Terms and Conditions and any dispute of any sort that may arise between you and Serving Form are governed by the laws of the State of Georgia (excluding any principles of conflicts of laws).

  21. Severability. Any provision of these Terms and Conditions which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms and Conditions in that jurisdiction without in any way invalidating the remaining provisions of these Terms and Conditions. The unenforceability of any provision in a given jurisdiction will not make that provision unenforceable in any other jurisdiction.

  22. Last updated. April 2020.