Registered User Accounts, Passwords, and Security
Portions of the Sites may require that you register an account with KidKraft (“Account”). You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that occur through the use of your username and password. You agree to immediately notify KidKraft of any unauthorized use of your password or any other breach of security about which you may be aware.
Products and Pricing
All descriptions of products and product pricing on any Site are subject to change at any time without notice and at the sole discretion of KidKraft. The technology you are using to view the Sites may impact the accuracy of the display of any images of products offered on a Site. KidKraft does not warrant that the description of any product on any site or any other content of any Site is accurate, complete, reliable, current, or error-free. Unless expressly stated otherwise in writing, any sale of any product on any Site is intended for end-user customers only and the resale or export of any such product is prohibited.
The Sites, all content on the Sites (except the KidKraft Trademarks, defined below) are the property of KidKraft or its licensors (“KidKraft Property”). KidKraft gives you a limited, nonexclusive, revocable, non-assignable, non-sublicensable, non-transferrable, license to use the KidKraft Property for your own personal use. Any other use of the KidKraft property is prohibited. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the KidKraft Property for any purposes.
All trademarks, logos, service marks and trade names of KidKraft are the property of KidKraft (“KidKraft Trademarks”). Any use of the KidKraft Trademarks without KidKraft’s pre-approval in writing is prohibited.
If the functionality is available on a Site, you may submit reviews, suggestions, comments, questions, or other information, as long as your submission complies with these Terms and Conditions and does not contain any commercial solicitation, mass mailing, or other form of “spam.” If you chose to submit any such submission, you hereby grant KidKraft a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferrable, sublicensable, right to use, copy, reproduce, modify, distribute, display, perform, and create derivate works of such submission worldwide in any form and on any media.
Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on any Site in a manner that constitutes copyright infringement, please provide KidKraft’s copyright agent in writing with: (i) a description of the copyrighted work claimed to have been infringed; (ii) a description of the allegedly infringing material on a Site that you are requesting be removed; (iii) your name, telephone number, and email address; (iv) a statement that you have a good faith belief that use of the copyrighted work is not authorized by you or by law; (v) a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (vi) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement. Allegations of infringement that include all of the information set forth above must be submitted by post or electronic mail to KidKraft’s copyright agent at 4630 Olin Road, Dallas, TX 75244, email@example.com.
Limitation of Liability
IN NO EVENT WILL KIDKRAFT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR THIRD-PARTY PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, YOUR USE OF THE SITES, YOUR ACCESS OR INABILITY TO ACCESS THE SITES, OR ANY PRODUCT PURCHASED ON THE SITES, EVEN IF KIDKRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, KIDKRAFT’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
THE SITES ARE PROVIDED AS-IS. KIDKRAFT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SITES OR ANY PORTION OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIDKRAFT DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
You agree to indemnify KidKraft and its officers, directors, employees, agents, licensors, representatives, and third-party providers from and against all liabilities, claims, and expenses, including reasonable attorney’s fees, made by any third party due or arising out of your use of the Sites or your violation of any rights of any third party.
Arbitration and Class Action Waiver
Binding Individual Arbitration. If you and KidKraft have a dispute that cannot be resolved through negotiation within the time frame described below, other than those matters listed in the “Exclusions From Arbitration” subsection, you and KidKraft agree to seek resolution of the dispute only through binding arbitration, not litigation in any court, of that dispute in accordance with the terms of this paragraph. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, KidKraft will pay all filing, American Arbitration Association, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of KidKraft’s last written settlement offer made before an arbitrator was selected (or if KidKraft did not make a settlement offer before an arbitrator was selected), then KidKraft will pay you the amount of the award or $7,500 U.S. Dollars, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. KidKraft waives any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and KidKraft.
Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH KIDKRAFT, YOU MUST SEND WRITTEN NOTICE TO: KIDKRAFT, INC., OFFICE OF GENERAL COUNSEL, 4630 OLIN ROAD DALLAS, TEXAS 75244, TO GIVE YOU AND KIDKRAFT THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association (“AAA”) pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND KIDKRAFT SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.
Location of Arbitration. Arbitration may take place at any place within the United States that is reasonably convenient for you. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions.
Severability. IF THE “CLASS ACTION WAIVER” or “ARBITRATION” CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THIS ENTIRE ARBITRATION AND CLASS ACTION WAIVER SECTION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A COURT LOCATED IN DALLAS, TEXAS OR IF YOU ARE LOCATED OUTSIDE THE UNITED STATES OF AMERICA, THE JURISDICTION SHALL BE THE COURT OF YOUR RESIDENCE, AND YOU AND KIDKRAFT EACH AGREE TO WAIVE IN THAT INSTANCE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
Notices / Contact KidKraft
KidKraft may contact you by posting a message to the Sites or via any information you submit to KidKraft in registering for your Account. Any notices sent to KidKraft must be by post or electronic mail to KidKraft at 4630 Olin Road, Dallas, TX 75244, firstname.lastname@example.org.
For any questions about the Sites, you may contact KidKraft at email@example.com.
Effective Date: This Return Policy was last revised on April 26, 2016.
ALL RETURNS EXCEPT OF DAMAGED OR DEFECTIVE GOODS ARE SUBJECT TO A 15% RESTOCKING FEEAND DO NOT INCLUDE A REFUND OF SHIPPING COSTS.
If you want to return an item you must:
KidKraft Netherlands B.V. c/o Schenker International B.V.Logistiekweg 15928 SG VenloThe Netherlands
KidKraft is not responsible for the cost of the shipping charges for any return or for any damage to the item on return shipment to KidKraft.
Upon receipt of a returned item that complies with this Return Policy, KidKraft will refund your payment, less the restocking fee and any shipping costs, to the original account billed for the item.
In the event that you receive any damaged or defective items, please contact KidKraft’s customer service within 90 days of purchase at firstname.lastname@example.org by calling Monday-Friday, 8:30am to 5:00pm Central time at 1 (800) 933-0771, and KidKraft will send you replacement parts at no additional charge. KidKraft reserves the right to request additional information and/or images. KidKraft further reserves the right to request that you return the damaged or defective items upon receipt of the replacement items in order to avoid being charged for such replacement items.
This Return Policy is subject to change without notice. The version of this Return Policy in effect at the time of your purchase will govern your purchase. KidKraft recommends you print or otherwise retain a copy of this Return Policy at the time of your purchase.
Shipping and Delivery Policy
Effective Date: This Shipping and Delivery Policy was last revised on April 26, 2016.
The shipping charges for your order will be provided prior to you completing your purchase.
Estimated shipment times, if available, are provided solely for your convenience and neither KidKraft nor its third-party shipment providers will be liable for any damages or loss as a result of the failure to meet a shipment estimate.
In no event will KidKraft or its third-party shipment providers be responsible for delays in delivery due to natural disasters, inclement weather, governmental acts, or any other situations beyond their reasonable control.
This Shipping and Delivery Policy is subject to change without notice. The version of this Shipping and Delivery Policy in effect at the time of your purchase will govern your purchase. KidKraft recommends you print or otherwise retain a copy of this Shipping and Delivery Policy at the time of your purchase.