Last Updated July 21, 2022
These Terms & Conditions apply to www.kindredspiritgifts.com and all other sites, services, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “Kindred Spirit Gifts”, "KSG", “us”, or “we” refers to Kindred Spirit Gifts, Inc., and its subsidiaries and affiliates.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of KSG or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Kindred Spirit Gifts, Inc. and protected by U.S. and international copyright laws. KSG and its suppliers expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
KSG grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the UNLAWFUL OR PROHIBITED USES section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
UNLAWFUL OR PROHIBITED USES
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to KSG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.
Products offered on the website may constitute a selection of those which are presented in KSG's brick and mortar shop. If you would like broader product choices, you are invited to visit our retail location. There may be items available online that will not be available in our retail location and vice-versa due to space constraints, etc. The products on the website are presented with the greatest precision in order to fulfill the provisions of the U.S. Federal Trade Commission Act, which stipulate the necessity for the customer to be aware before the final order of the essential characteristics of the items which he or she wishes to purchase. If, in spite of all the care taken by Kindred Spirit Gifts, there are inaccuracies in the presentation on the website, KSG shall in no event incur any liability therefor. KSG does not warrant that item descriptions or other content of the website is error-free. If a product offered on the website is not as described, your sole remedy is to return it in unused condition for a refund. Photographs illustrating the items for sale are not included within the scope of the contract. They have solely an indicative value, given the alterations that may occur as a result of their uploading onto the site.
KSG strives to display as accurately as possible the colors of the products shown on the Site; however, Kindred Spirit Gifts cannot and does not guarantee that your monitor’s display of any color will be accurate.
Limitation of Warranty and Damages
The information on the website is provided “as is” and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose. KSG makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this website. KSG makes no warranty that the website will be available, uninterrupted, error-free, or free of viruses or other harmful components.
The foregoing also applies to any information in any websites hyperlinked to this website. Such links are provided for your reference only. Kindred Spirit Gifts does not control such third party sites and is not responsible for the content of or any products or services offered on those sites. The material could contain inaccuracies or be outdated.
In no event will KSG be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the website or use thereof, or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Kindred Spirit Gifts, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
Shipping and Return Policy
For all shipping information and return policy, please see our Shipping & Return Policy
Prices are firm and final. They are expressed in U.S. dollars. All applicable taxes are included in the summary of the order. KSG reserves the right to modify prices at any time, without notice and without any other formality except to incorporate the modifications into the website, but items ordered are invoiced at the price displayed at the time the order was placed. Despite our best efforts, a small number of the items on the website may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. KSG reserves the right to limit quantities. All shipping costs are invoiced in addition, and indicated on the summary of the order before its final approval by you. We encourage you to print and maintain a copy of your purchase order for your records.
Payment, expressed in US Dollars, shall be made exclusively online through the website via MasterCard, Visa, American Express using Square Payments.
Limitations on Quantity
Kindred Spirit Gifts does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.
Items will be delivered by USPS. Any delivery times provided on the website are estimates only. Exceeding these times shall in no event be held against KSG or give rise to any cancellation of the contract or to any indemnity whatsoever for damages and interest. The risk of loss and title for such items pass to you upon KSG's delivery to the shipper. Items are always shipped at the risk of the customer, who must check their good condition at delivery. Any problem concerning delivery (damaged parcels, items missing from Kindred Spirit Gifts invoice accompanying them, etc.) must be brought to the attention of Kindred Spirit Gifts within 48 hours of delivery by contacting us at email@example.com.
AVAILABILITY, ERRORS, AND INACCURACIES
KSG’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. KSG makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
Registration and Online Store
Termination of This Agreement
Kindred Spirit Gifts may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience. You may terminate this agreement at any time by destroying all materials received from the website and ceasing to use the website.
This agreement has been made in and shall be construed in accordance with the laws of the State of Massachusetts. By using this website, you agree to the sole and exclusive venue and jurisdiction of the state and federal courts of Plymouth County, Massachusetts for any and all disputes arising out of or related to this agreement or the use of this website.
United States Only
All materials on this website are provided solely for the purpose of promoting KSG’s operations, services and products in the United States, its territories, possessions and protectorates. Kindred Spirit Gifts makes no representation that the materials on the website are appropriate or available for use in other locations. If, despite these conditions, you use the website from outside the United States, you are solely responsible for compliance with any applicable foreign or local laws.