TERMS & CONDITIONS

Unless specified otherwise in writing, all transactions between Kimberly Forness Wilson Fine Art & Design, here after designated under the acronym « KFW », and its customers are determined by the sales conditions described here and accepted by the customer.

ARTICLE 1: Identification of the company

Business name: Kimberly Forness Wilson Fine Art & Design
Address:
4919 Belmont Road
Grand Forks, ND 58201
Phone: +1-701-775-2854
e-mail: info [at] kimmiewilson.com

ARTICLE 2: Products

All products offered by KFW are described and pictured as completely and as precisely as possible and in good faith. However, should there, despite all our precautions, be an error, KFW cannot under any circumstances be held liable for it. Pictures and descriptions provided here are only indicative and may be modified at any moment. Should a substantial modification be brought to a product during the ordering process, the purchaser would be immediately informed.
All the products available on kimmiewilson.com are covered by the legal warranties offered by their manufacturer. KFW cannot under any circumstances be held liable for damages resulting from an improper use of the product by the purchaser.

ARTICLE 3: Prices

All prices are in U.S. Dolars ($) and include all taxes. However, shipping costs are not included.
All orders are payable in U.S. Dolars ($).
KFW may modify prices at any moment. The billing is done according to the tariff on the day of the order.
The products remain the exclusive property of KFW as long as the price has not been fully paid by the purchaser.

ARTICLE 4: Order

There may be said a to be a valid agreement between the purchaser and KFW as soon as KFW received confirmation of the order from the purchaser on its website. An email confirming the order will be sent to the purchaser. Expedition will take place within forty-height (48) hours of the receive of the full payment (notified with an e-mail to the purchaser), after which delay the purchaser is entitled to refuse his order.
KFW commits itself to honor the orders received on the website only within the limitations of products availability. If a product is not available, KFW will immediately inform the customer and, if possible, suggests him a similar product. KFW reserves to refuse an order or to subject it to extra conditions.
The completion of the order (and transaction) between the purchaser and KFW will be notified with an e-mail to the purchaser, regrouping the transaction and order details and serving as the proof of purchase (or bill).

ARTICLE 5: Secure payment

KFW pays particular attention to the security of online payments. Online payments are secured by Paypal, a certified Payment Service Providers. As an expert in payment security, the aforementioned guarantees that the processing and storage of sensitive data complies with the highest standards.

ARTICLE 6: Billing and payment

To the extent you purchase any goods and/or services from KFW, you agree to pay for all goods and services ordered from KFW and/or its Third Party Providers except as set forth in a writing signed by an authorized representative of KFW. You will provide KFW with valid and updated credit card or approved purchase order information and with KFW and accurate billing and contact information. If you provide credit card or other authorized payment method information to KFW, you authorize KFW, or a credit card processor of its choosing to bill such credit card or to make such charges as applicable. If KFW, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, KFW will invoice you at, or within a reasonable period of, the time of the purchase request, after the of the complete payment. All amounts invoiced hereunder shall be due within thirty (30) days of the date of the good’s request.

ARTICLE 7: Delivery

The customer is requested to verify the physical status of the product upon delivery, if possible in presence of the transport company. Should any doubt subsist regarding the status or the content of the delivered package, the customer is expected to refuse delivery. Every refused good must be given back to the transporter with the original packaging.
Incorrectly transmitted delivery addresses are the responsibility of the purchaser and may entail extra costs. In the event of errors in the address details of the addressee, KFW cannot under any circumstances be held liable for inability to deliver the products ordered. The seller can cancel supplies or extend delivery time so long as the consequences of a case of force majeure are felts. In particular, will be considered as a case of force majeure : state of war, riots, fire, strikes, accidents or the impossibility to obtain a product from the supplier.
For deliveries outside of the Unites States, the purchaser is due to pay all taxes, custom taxes or VAT resulting from the transaction to the shipping company upon reception.
After sending the e-mail notifying the expedition of the purchased item to its respective purchaser, KFW guarantees a delivery time of maximum five (5) business day on a national invoice and between five (5) to seven (7) business day on an international invoice.

ARTICLE 8: Return

The purchaser may refuse or can return a purchase within fourteen (14) working days of receipt of the order. The refusal and the respective reason(s) should be notified to KFW using our contact form. The purchaser will then receive a return authorization number via e-mail.
The products should be returned undamaged and in the original packaging, accompanied by all the accessories attached to them, and with a copy of the invoice, to the following address : Kimberly Forness Wilson – 4919 Belmont Road – Grand Forks, ND 58201 – United States.
In the event of a cancellation or a return by the purchaser, KFW will refund within thirty (30) days of acceptance of the return, any sums paid, minus the direct delivery costs. KFW can refuse to accept or refund returned articles when the packaging has been opened or when the product has been used or damaged by the purchaser.
Carriage for the return of refused or returned articles is payable by the purchaser. Not or insufficiently prepaid consignments are always refused and returned to sender.
For any additional information regarding the return procedure, you can contact us via our contact form.
For the return of refused or returned articles from outside of the Unites States, the purchaser is due to pay all taxes, custom taxes or VAT.
Restocking fees may apply in some circumstances.
All on sale item are non-returnable, non-exchangeable, and non-refundable

ARTICLE 9: Jurisdiction

In the event of any dispute, the courts of the Unites States shall have sole jurisdiction, without prejudice to the relevant provisions of the Judicial Code if the dispute is between KFW and a customer.
These general conditions are governed by U.S. law.

ARTICLE 10: Responsibility

KFWn reserves the right to cancel orders, without compensation, if circumstances beyond its control prevent it from executing an order in the normal fashion. It is expressly agreed that strikes, transport problems, fires, floods, damage to equipment, riots, war, epidemics and accidents, whether at KFW’s premises or those of its supplier, shall be regarded as instances of circumstances beyond its control, even if they are only partial, and regardless of their cause. The foregoing list is not exhaustive.

ARTICLE 11: Customer service

We are at your disposition for any remark or question.
You can contact us via our online contact form.
We will reply during our opening hours, from Monday to Friday between 2 P.M. and 6 P.M. (GMT -5:00)

ARTICLE 12: Intellectual property notices

Elements of the Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by KFW.

ARTICLE 13: Privacy policy

We (intended as KFW) may require Subscribers who use the Website (collectively, the “Service”) to give us contact information, which may include but is not limited to the Subscriber’s name, mailing address, phone number, email address, cookies, IP logs, and other information (collectively “Personal Information”). Besides the Personal Information, we may also collect other information regarding your use of the Website. From time to time, we may also collect or ask for additional Personal Information, which will also be expressly included herein as Personal Information. You can opt out of providing this additional information by not entering it or not using the Website, although not providing it may hinder your ability to use the Website and/or the Service.
We use the information that we collect to provide and maintain the Website as we deem appropriate in our sole discretion and to provide the Service, and to provide any other services that you and KFW agree to. We may also use the information to contact you to further discuss interest in our company, the goods and services that we provide, and to send information regarding our company or partners, such as promotions and events. You may be invited to receive an email newsletter or other correspondence by providing an email address. Your email address and any Personal Information will not be distributed or shared with third parties unless it is to transact such business as you have contracted us to do, to comply with any legal processes and/or law enforcement requests, or in order to conduct any business as we, in our sole subjective discretion, deem reasonable.
We may also email (or send via other methods) information regarding updates to the Website or Kimmie Wilson, and may send a newsletter, or other correspondence. You will have an opportunity to unsubscribe to any emails or mailings by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Even if you are removed from any such list, if you use the Service, you will continue to receive email correspondence from Kimmie Wilson related to the Service. Any opt-out by you is not deemed valid until processed by Kimmie Wilson. It is your obligation to verify that you have been opted-out. Kimmie Wilson shall not be liable for problems with the opt-out procedures.
If you provide credit card or other authorized payment method information to Kimmie Wilson, you authorize Kimmie Wilson, or a credit card processor of its choosing to receive appropriate billing information, bill such credit card or to make such charges as applicable
Kimmie Wilson does not wish to collect any Personal Information (or any information at all) from any persons under sixteen (16) years old. If you are under sixteen (16) years old, you may not use the Website.
The Subscribers have the right to modify or delete their Personal Information at any moment. The deletion of the Personal Information will be performed upon explicit request ( via mail, e-mail, or phone) from the respective Subscriber.
If you have any questions regarding this Privacy Policy, you should contact us through our contact form and a representative from our Customer Service Department will answer your inquiry.