TERMS & CONDITIONS OF SALE
TERMS AND CONDITIONS OF USE and TERMS AND CONDITIONS OF SALE FOR THE ANAMARIAKIM.COM WEBSITE (September 1, 2015)
- General Terms
If you do not agree to these terms please exit and do not use the Website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
The AnaMariaKim.com website is operated by ANA MARIA KIM. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. ANA MARIA KIM is the e-commerce subsidiary of ANA MARIA KIM INC., and has its principal office at 1200 Santee Street, Suite 1111, Los Angeles, CA 90015.
- Terms and Conditions for the use of the ANAMARIAKIM.com website
All use of the AnaMariaKim.com website is subject to these Use Terms. By visiting AnaMariaKim.com and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By using the website you agree to comply with, and be bound by, the Use Terms.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
(2) ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
(3) Data Security and Privacy
(b) Not intended for minors. The AnaMariaKim.com website is not intended for those under 18. By using the website you agree you are 18 years of age or older. Furthermore, we do not knowingly collect or solicit personal information from those under 18 (including those under the age of 13) or knowingly allow such persons to register for an online account or to post personal information on our websites.
(4) Intellectual Property
(a) Ownership. The AnaMariaKim.com website and material on the AnaMariaKim.com website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, sound tracks, written text, logos, trademarks) are the exclusive property of ANA MARIA KIM and its affiliates and subsidiaries. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on the AnaMariaKim.com website.
The “ANA MARIA KIM” trademark and all other ANA MARIA KIM related marks and logos, whether registered or not registered, displayed on the AnaMariaKim.com website, as well as the domain name "AnaMariaKim.com," are and will remain the exclusive property of ANA MARIA KIM. Any reproduction, distribution, transmission, modification, or use of any ANA MARIA KIM trademark for any purpose is prohibited.
(b) Proprietary markings. You may not remove any copyright, trademark or other proprietary notice contained on the AnaMariaKim.com website or any content contained therein.
The materials contained in this website are displayed for informational and promotional purposes only. This website is solely for private, personal, and non-commercial use. You may download or copy materials in this Website solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this website, any of the materials in this website, or any related software. Any other use of materials on this website, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of ANA MARIA KIM, is strictly prohibited.
(c) Feedback. You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to ANA MARIA KIM through this Website or by other means ("Submissions") are neither confidential nor proprietary to you and may be used by ANA MARIA KIM without restriction or compensation. By making a Submission to ANA MARIA KIM, you grant to ANA MARIA KIM under all right, title and interest, including copyrights, in the Submission a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such Submissions. ANA MARIA KIM has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that ANA MARIA KIM has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
(a) Links to third party sites. The AnaMariaKim.com website may contain links to third party websites not under the operation or control of ANA MARIA KIM. All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services that may be offered thereon. ANA MARIA KIM shall have no liability or responsibility for the content, availability, or otherwise in connection with such third party websites. Any questions or concerns about third party websites should be directed to the owners or operators of such websites. Please review the terms and conditions that may be imposed by such websites, as they may be different from these Use Terms.
(b) Linking only with authorization. You may only provide a link (including deep linking) to the AnaMariaKim.com website if expressly authorized in writing by ANA MARIA KIM.
(6) Use Restrictions
(a) No scraping. You may not use any automatic device, program, or methodology (including, without limitation, “page-scrape,” “robot,” or “spider”), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. ANA MARIA KIM reserves the right to bar any such activity.
(b) No circumvention. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website by hacking, password “mining” or any other illegitimate means.
In addition, you may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of ANA MARIA KIM, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
(c) No interference. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(d) No unlawful use. You may not use the Website for any purpose that is unlawful or prohibited by these Use Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of ANA MARIA KIM or others
- Terms and Conditions of Sale for the ANAMARIAKIM.com website
The purchase or attempted purchase by you of any products offered on AnaMariaKim.com website is subject to these Sale Terms.
For each order on AnaMariaKim.com website, your acceptance of the Sale Terms in force at the date of the order will be required.
(1) Purchase – general terms
(a) Not for resale. Orders may only be placed on the AnaMariaKim.com website for personal use and not for resale. Any resale or distribution of ANA MARIA KIM products purchased on AnaMariaKim.com website is strictly prohibited.
(b) United States only. The AnaMariaKim.com website may be used to order a selection of ANA MARIA KIM products directly online via the Internet from the United States only and for delivery only in the United States (excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America).
(c) Phone orders. You may also place your order by telephone by dialing 844-AMK-AMKA (844-265-2652), a toll free number available only from within the United States) from Monday to Friday, 9:30 AM to 6:00 PM (PST), from anywhere within the United States (excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America).
(d) Delivery. ANA MARIA KIM products ordered via the AnaMariaKim.com website and 844-AMK-AMKA may be delivered only to the United States, excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America. Not all Products may be shipped to all locations. If you attempt to purchase a product that cannot be shipped to your location customer service will contact you. Please see the Shipping and Delivery section for additional restrictions.
(e) Right to cancel. ANA MARIA KIM reserves the right to cancel any order placed by a customer in its sole discretion and without liability, including, without limitation, an order from a customer with whom it has a dispute concerning a prior order or if ANA MARIA KIM has reasonable cause to suspect that such customer has violated these Sale Terms, is engaged in any fraudulent activity, or for any other reason. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
(F) Quantity restrictions. To ensure the best quality service and product availability, you may not order on the AnaMariaKim.com website more than 12 items of the same SKU number within a period of thirty (30) calendar days. Additional restrictions may apply to certain products or classes of products. If you attempt to order more products than are permitted, customer service will contact you.
(g) Availability. All offers of products as they are displayed on the AnaMariaKim.com website are subject to availability. ANA MARIA KIM reserves the right to change the items proposed on the AnaMariaKim.com website at any time and without notice. We attempt to provide information about the availability of products at the time of the ordering, but at times errors may exist, including when simultaneous orders of the same product are being placed by several customers. If a product is not available without a material delay after your place your order, you will be informed by email or by phone, and you will be allowed to order a substitute item shown on the AnaMariaKim.com website, to wait until the product is available, or to cancel your order. If you choose to cancel your order, any amounts already charged will be refunded. ANA MARIA KIM shall not be liable if products are not in stock or otherwise not available.
(h) Age. You must be 18 years or older in order to make a purchase on the AnaMariaKim.com website, and by making a purchase you represent that you are at least 18 years old. We do not sell products or services for purchase by children, the website is not directed at, nor do we knowingly collect personally identifiable information from children, including those under the age of 13.
(i) Account. Certain features or services offered on or through the Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify ANA MARIA KIM immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ANA MARIA KIM or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential. Access to your account may be terminated or suspended in our sole discretion. See the Termination of Access section for more information.
(J) ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on AnaMariaKim.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
(2) Purchase – confirmation
(a) Pre-order summary. For each product selected on the AnaMariaKim.com website, a summary page will be displayed and may feature a photograph of the item, its coloring and references, the unit price, the quantity ordered, and the total amount owed for your order. Before placing your order by clicking on the “Purchase” button, please confirm that this information accurately reflects your selection. Once you have confirmed your order it will be submitted for processing.
(b) Visual accuracy. While we take steps to try to ensure that the coloring, design, and style of the ANA MARIA KIM products in the photographs or other representations displayed on the AnaMariaKim.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. Accordingly, ANA MARIA KIM shall not be liable for any error or inaccuracy in the photographs or other representations of ANA MARIA KIM products displayed on the AnaMariaKim.com website. If you have any questions about the products, please contact customer service.
(c) Submitted orders. Once your order is submitted for processing it may not be amended or cancelled except pursuant to the conditions provided for herein or pursuant to applicable law. Placing an order confirms your acceptance of the Sale Terms. Once an order is placed you will receive an order summary via email.
(d) Records. The data collected by the AnaMariaKim.com website establishes the terms of the transactions between ANA MARIA KIM and its customers. In the event of a dispute between ANA MARIA KIM and its customers relating to a transaction entered into using the AnaMariaKim.com website, and subject to ANA MARIA KIM’s right to cancel or not accept an order, the data collected by ANA MARIA KIM are the terms of the transaction.
(3) Purchase – pricing and payment
(a) Listed price. The pricing for all ANA MARIA KIM products on the AnaMariaKim.com website are in United States dollars and exclude taxes and shipping costs (see "Shipping and Delivery"). ANA MARIA KIM reserves the right to modify the prices of products offered on the AnaMariaKim.com website at any time without prior notice. You will be charged the prices displayed on the AnaMariaKim.com website at the time your order was confirmed provided the goods ordered were available at this time, however, ANA MARIA KIM reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability, including if the products are not available, are incorrectly priced or are otherwise incorrectly described.
(B) ACCURACY OF BILLING AND ACCOUNT INFORMATION. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
(C) Payment methods. You are required to pay for any order placed on the AnaMariaKim.com website immediately upon confirmation of your order. Your order will only be processed for shipment once we have verified your payment method and received authorization to process your payment. We only accept payment by charge card or credit card. All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard, Visa, JCB, American Express and PayPal.
Your charge card or credit card will only be debited when your order is shipped. If any of the products in your order are unavailable, we will only charge you the prices, taxes, and shipping costs for the goods available.
(D) Title. All products ordered through the AnaMariaKim.com website remain the property of ANA MARIA KIM until full payment is tendered to ANA MARIA KIM. In the event of a payment dispute, you are required to return the products that are the subject of dispute to ANA MARIA KIM immediately upon request, and to assume the risks (in particular the risks of loss, theft, and damage) relating to such products.
(4) Shipping and Delivery
(a) Restrictions. Products purchased through the AnaMariaKim.com website may only be delivered within the United States (excluding Puerto Rico, Guam and all other U.S. possessions and territories situated outside North America). ANA MARIA KIM will not process any order for which a post office box or APO/FPO address, or a hotel or motel address, is provided. Any such delivery address will be refused during the ordering procedure. Goods will be shipped to the accepted delivery address specified during the ordering procedure. Not all products can be shipped to all locations. If state or other regulations prohibit shipping of products to the address you specify customer service will contact you.
(b) Signature required. A signature of an adult aged 18 years or older may be required for delivery. Customer assumes all responsibility once a signature is obtained at the delivery address.
(c) Shipping costs. You will be asked to select the shipment method you would prefer as part of the order procedure. Delivery costs depend on the delivery service you select. We will inform you of the shipping costs for the shipment method you select in the order summary displayed on the AnaMariaKim.com website before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered. ANA MARIA KIM reserves the right to divide your order into partial shipments. In this case, your method of payment will be debited for the goods shipped and for a single shipment.
Current shipping costs:
Ground Delivery: $10 (Complementary if order over $250)
Express/Second Day Delivery: $20.00 (Complementary if order over $500)
Overnight Delivery: $35.00
(d) Delivery timing. During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased. In some cases, such as delivery to Alaska and Hawaii, certain delivery options may not be available or may take longer. Some products may be subject to delivery delays. If your order, or a part of your order, is not able to ship without material delay, customer service will contact you to provide more detail and an estimated shipping date.
Current expected delivery timing:
Ground: Usually between three and seven working days (may take longer for Alaska and Hawaii)
Express/Second Day: For orders processed before 2 p.m. (Eastern Time) usually delivered within two to three business days
Overnight: for orders processed before 2 p.m. (Eastern Time), usually delivered the following business day. This option is not available for addresses in Hawaii and Alaska
(e) Taxes. We charge and collect state, local, and county taxes for online transactions based on shipping address and as required by applicable laws and regulations. An estimate of these taxes will be provided during the ordering process and the actual sales tax (if any) will be calculated when your order is shipped and may vary from the estimated tax. Applicable taxes will be applied to orders shipped to California and any other location where we are required to collect taxes. If we are not required to collect taxes, it is your responsibility to determine and pay any use taxes or similar taxes.
(f) Delivery problems. Any delivery failure or late delivery that exceeds ten (10) business days should be reported to our customer service as soon as possible. In order for your claim of delivery failure or late delivery to be accepted, you must notify us within thirty (30) calendar days from the date of confirmation of your order.
You must check that your shipment is correct on delivery. If there are any discrepancies in your order, for example damaged or missing goods, when you receive your order, you should note the nature of the problem by hand, if possible, on the delivery notice, and sign. You must contact us as soon as possible but no later than ten (10) days after receiving the delivery.
(5) Returns and exchanges
(a) Returns and exchanges of purchased items. You may return any product ordered on the AnaMariaKim.com website for exchange or refund within fourteen (14) calendar days from the delivery date. Returned products must be in their original condition, unused, unwashed, unaltered, and in the same condition in which it was received with all tags attached, and in the original packaging (including, if possible, the original delivery box). The original invoice must be provided with any return. ANA MARIA KIM will determine in its sole discretion whether the products are in original condition when returned. If ANA MARIA KIM determines that the products are not in original condition they will be returned to you. Please allow up to ten (10) days for the processing of your return.
For your convenience, any domestic orders placed on ANAMARIAKIM.COM will receive a Pre-Paid Shipping Return Label with your order. If you choose to return your order with this SmartLabel, a fee of $7.00 will be deducted from your order credit amount. If you choose not to use our Pre-Paid Shipping Label, you are welcome to use a postal carrier of your choosing and at your own cost. ANA MARIA KIM does not take title to any returned products until they are received by us.
(i) Personalized or altered products. A product ordered on the AnaMariaKim.com website that has been personalized, or a product that has been altered or tailored in any way, or washed or cleaned, cannot be returned for exchange or refund.
(ii) Sale and other non-refundable Products. All products sold as part of a sale are final and not returnable. You may request a price adjustment if a purchased product is marked down within seven (7) calendar days of the delivery of your order. ANA MARIA KIM reserves the right to designate other products as non-returnable. Any such designation will be noted on the product detail page.
(iii) Retail locations. Products purchased in a ANA MARIA KIM retail location may not be returned to the AnaMariaKim.com website. Products purchased on the AnaMariaKim.com website may be returned to certain retail locations. See the In-store return section below for more information.
(c) Return or exchange of gift items. If you received an item as a gift from AnaMariaKim.com, you may exchange it for another item of equal or greater value within fourteen (14) days of delivery. You, the gift recipient, must pay the difference in price. Please contact Customer Service to receive a pre-paid label by email.
You may exchange the gift item either (i) for a different item of equal or greater value, or (ii) multiple items that together are equal to or greater in value than the purchased products. Shipping costs are excluded from the value of an exchange.
Gift items purchased on AnaMariaKim.com may be returned. However, refunds may only be issued to the same credit card used for original payment.
(d) Returns and shipping costs. If you return products for exchange, the shipping costs for the first delivery will not be refunded. However, you will not be charged for the shipping costs of one exchange delivery per order. Only one exchange per item will be honored.
If you request a refund, the original shipping costs will be refunded only if the products are returned because they were not as ordered or were damaged.
(E) Non prepaid returns. If you are unable to use, or do not wish to use, our pre-paid label service, please contact customer service to obtain an RMA number. You can then ship the return to:
ANA MARIA KIM
1200 Santee Street, Suite 1200
Los Angeles, CA 90015
RMA#:[fill in the RMA number obtained from customer service]
You are responsible for insuring your package for the full retail value of the item. You agree to bear the risks of the shipping method you have chosen, and ANA MARIA KIM will not be responsible or liable if any item you return to the AnaMariaKim.com website is lost, misplaced, or delivered late. Neither the original shipping costs nor the costs you pay to ship your return will be refunded to you.
(F) In-store return. Products purchased through the AnaMariaKim.com website cannot be returned to third party points of sale (such as eyeglass stores like Cohen’s Optical, department stores like Neiman Marcus, or clothing stores like Anthropologie).
(G) Refund. If you request a refund for returned products, ANA MARIA KIM will use commercially reasonable efforts to ensure that any refund will be made within ten (10) business days of receipt of the goods. All refunds shall be made to the original form of payment. Under no circumstances will ANA MARIA KIM grant you an electronic credit usable on the AnaMariaKim.com website, nor will we issue a store credit for use in a ANA MARIA KIM retail location.
- Additional Terms
For the avoidance of doubt, the following additional terms (“Additional Terms”) apply to your use of the AnaMariaKim.com website and any purchase or attempted purchase you make.
(1) Termination of access
You agree that ANA MARIA KIM may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
(2) Disclaimer of Representations and Warranties
The AnaMariaKim.com website and its contents are provided on an "as is" and "as available" basis. ANA MARIA KIM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE OR THE PRODUCTS OFFERED THROUGH THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ANA MARIA KIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION.
Without limiting the generality of the foregoing, ANA MARIA KIM does not represent, warrant, or guarantee that:
(a) The Website is free from viruses, worms, trojan horses or other destructive material or malicious code;
(b) The information contained on the Website is accurate, complete or up to date; or
(c) The AnaMariaKim.com website is free of defects or that any inaccuracies or defects will be corrected.
By using the Website, you agree that your use of the Website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that ANA MARIA KIM shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the Website. Your sole remedy against ANA MARIA KIM for dissatisfaction with the Website is to stop using the Website.
Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.
(3) Limitation of Liabilities; Indemnity
ANA MARIA KIM shall not be liable to you or any third party for any damages of any kind, including, without limitation, actual, direct, indirect, incidental, special, punitive, exemplary or consequential damages, whether arising under contract, tort, or any other theory, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through the AnaMariaKim.com website, even if ANA MARIA KIM has been advised of the possibility of such damages. Without limiting the foregoing, ANA MARIA KIM shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control.
If, notwithstanding the other provisions of these Use Terms, ANA MARIA KIM is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, ANA MARIA KIM’s liability shall in no event exceed US$100.00.
ANA MARIA KIM shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.
Certain state laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, indemnify and hold harmless ANA MARIA KIM, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and court costs, arising from or related to your use of the Website.
(4) Law and Disputes
Our terms, including the Use Terms, the Sale Terms, and the Additional Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws, and shall govern all matters arising out of or relating to the Use Terms or Sale Terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. In the event of a dispute, the state and federal courts located in Los Angeles in the city of Los Angeles, CA, shall have exclusive jurisdiction and you hereby agree to submit to the exclusive jurisdiction of such court and you irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. ANA MARIA KIM shall be entitled to seek and obtain injunctive or other equitable relief to protect its rights hereunder without the need to post any bond or surety.
(5) SOCIAL MEDIA AND ENDORSEMENT POLICY
ANA MARIA KIM, INC. (“ANA MARIA KIM”) is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. Therefore, ANA MARIA KIM hereby adopts this Social Media and Endorsement Policy (this “Policy”).
This Policy applies to all ANA MARIA KIM independent contractors, employees, agents, speakers, writers, bloggers, talent, endorsers and any other individual or entity engaged in promotional activities on behalf of ANA MARIA KIM, whether they are engaged by ANA MARIA KIM directly, or through an agency, representative of an agency, subsidiary, or franchise (collectively referred to herein as “Endorsers”).
This Policy is intended to outline the policies and procedures of ANA MARIA KIM with respect to any and all advertising messages or promotional communications made by Endorsers. It is also intended to address endorsements and testimonials made by Endorsers about ANA MARIA KIM, and/or its products and services, whether those endorsements and testimonials are made through “traditional media,” such as television commercials or print ads, or “new media,” or “social media,” such as websites, blogs, mobile applications or any other form of media that may be used by advertisers.
Endorsers are legally responsible for their opinions, comments and content. Individual Endorsers can be held personally liable by third parties for any commentary deemed to be defamatory; obscene; proprietary to, or owned by, others; or libelous to ANA MARIA KIM, its suppliers/partners or any other person or entity. For these reasons, Endorsers should exercise caution with regard to exaggeration, colorful language, guesswork, obscenity, materials used in content, conclusions, images and/or video, and derogatory remarks or characterizations.
In addition, Endorsers should at all times be mindful that, given advances in technology, opinions, comments or content may remain public, and may be archived, stored and retrievable, indefinitely.
(B) Standards of Conduct
With respect to statements or other claims made in advertising messages or promotional communications about ANA MARIA KIM and/or its products or services, Endorsers must adhere to the following principles:
(1) Endorsers may only make statements that reflect their honest beliefs, opinions, experiences or recommendations. ANA MARIA KIM encourages these statements to be in the first person. Endorsers may not make statements about experiences with a product that they have not personally tried, examined or evaluated.
(2) Endorsements by organizations must reflect the collective judgment of the organization, as approved by senior management.
(3) Endorsers may not make deceptive or misleading claims about ANA MARIA KIM’s products or services, or ANA MARIA KIM’s competitors’ products or services, to consumers.
(4) Endorsers may not make any claims about ANA MARIA KIM’s products or services, or ANA MARIA KIM’s competitors’ products or services, that are not substantiated (i.e., claims may not be made about a product that would require proof that the Endorser does not have).
(5) Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property, or privacy and publicity rights of others, including competitors.
(6) Endorsers may not offer for sale, or solicit, products or services on behalf of ANA MARIA KIM.
(7) Endorsers may not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about ANA MARIA KIM or its affiliates and their respective Endorsers, officers, directors, shareholders, agents, representatives, licensees or competitors.
(8) Endorsers may not use ethnic slurs, personal insults, obscenity, or other offensive language.
(9) Endorsers may not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving ANA MARIA KIM’s customers or other individuals.
(10) Endorsers may not make any comments or post any content that may violate applicable local, state or federal laws or regulations.
(12) Endorsers must strive for high quality with every comment or post, including adherence to basic spellchecking and rules of grammar.
(13) Endorsers that are also employees of ANA MARIA KIM must also adhere to any and all guidelines provided by ANA MARIA KIM to its employees with respect to social media and related matters.
(14) Endorsers must adhere to any specific additional guidelines provided by ANA MARIA KIM.
(15) Endorsers must always use sound judgment and common sense.
(C) Disclosure Requirements
(1) Endorsers must clearly and conspicuously disclose and make readily apparent all “material connections” to ANA MARIA KIM in all advertising messages and promotional communications concerning ANA MARIA KIM and/or its products or services.
(A) A “material connection” is one that could influence the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser. Such connections may be in the form of (a) consideration (such as monetary compensation, including fees or commissions; gift cards; event access; prizes; or free or discounted products or services) provided by ANA MARIA KIM (or any of its agents acting on its behalf) to the Endorser, or (b) a relationship between ANA MARIA KIM and the Endorser (such as employment or contractual relationships).
(B) Some examples of appropriate material connection disclosures are:
- I received [product] from ANA MARIA KIM as a gift
- [Thanks to][Courtesy of] ANA MARIA KIM, I was given this [product]
- ANA MARIA KIM sent me [product] to try
- Some of the products reviewed in this blog post were sent to me by ANA MARIA KIM
- This post is a paid advertisement for ANA MARIA KIM
- I am an employee of ANA MARIA KIM
These are simply examples of appropriate disclosures and variations on these examples may be appropriate based on the context. The key is to make it apparent to the reasonable consumer that ANA MARIA KIM provided the subject product or service, as opposed to the Endorser independently purchasing or obtaining the subject product or service.
(C) It is not sufficient to make a single disclosure on a home page or legal terms/disclaimer page that, for example, “many of the products I discuss on this site are provided to me free of charge by their manufacturers.” Disclosures should be tied to the specific products at issue and readily apparent to readers of the particular blog post.
(D) When using a Twitter, Facebook, Instagram or similar platform, Endorsers should endeavor to include a link on their main profile page directing followers to a comprehensive disclosure statement.
(2) Endorsers who post their own opinions, comments, content or recommendations about ANA MARIA KIM, and/or its products or services, must disclose that their views do not necessarily represent those of ANA MARIA KIM.
(D) Third Party Endorsers
Endorsers that employ or contract with third parties to have such third parties deliver advertising messages or other promotional communications to consumers (e.g., advertising agencies, network marketing agencies and blogger networks) are also required to cause those third parties to agree to this Policy before engaging them to communicate to consumers about ANA MARIA KIM and/or its products or services.
(E) Trademarks and Intellectual Property
All emblems, logotypes, insignia, designs, devices, colors, artwork, trademarks, trade names, service marks, trade dress and copyrights, and the commercial goodwill associated therewith, that at any time were or are owned, applied to be registered or registered (irrespective of class of goods/services), controlled, cleared for use by, or on behalf of, or licensed by ANA MARIA KIM or any of its affiliates may only be used or posted by Endorsers with the prior written consent of ANA MARIA KIM in each instance, strictly in accordance with the specific guidelines provided by ANA MARIA KIM.
Endorsers may develop, have access to, or directly or indirectly be exposed to, information of a proprietary and confidential nature about ANA MARIA KIM (including without limitation its business operations and activities, strategic plans and financial information) which, if disclosed, could have a negative effect on ANA MARIA KIM. Endorsers shall keep confidential and not disclose any such information and, upon termination of an Endorser’s relationship with ANA MARIA KIM, the Endorser shall promptly return to ANA MARIA KIM any confidential information in the Endorser’s possession. In the event that there is any question as to whether particular information is confidential in nature, Endorsers must promptly contact ANA MARIA KIM for clarification and approval before posting, commenting, blogging or uploading content.
(G) Press Inquiries
Endorsers’ endorsements and testimonials may generate media coverage. Media inquiries of any kind regarding endorsements or testimonials relating to ANA MARIA KIM, whether from online (news engines, bloggers) or mainstream (newspapers, magazines) media outlets, must be referred to ANA MARIA KIM using the Notice information below. Endorsers may not engage in any discussions or correspondence with any members of the media, or make any public oral or written statement, in each case regarding endorsements or testimonials relating to ANA MARIA KIM, without first consulting with, and receiving permission from, the appropriate authorized ANA MARIA KIM representative in each instance.
Any questions concerning the contents of this Policy should be referred to Assistance@AnaMariaKim.com.
(I) Right to Modify Policy
ANA MARIA KIM reserves the right to amend, restate, supplement or otherwise modify this Policy at any time. In the event of a dispute as to the interpretation of this Policy, ANA MARIA KIM’s interpretation shall be final.
(6) california DISCLOSURES
(A) CALIFORNIA transparency in supply chains act of 2010
The California Transparency in Supply Chains Act of 2010 (SB 657) requires California businesses to disclose their efforts to address the issues of slavery and human trafficking, thereby allowing consumers to make better, more-informed choices regarding the products they buy and the companies they choose to support.
Ana Maria Kim has taken steps to evaluate the risks of forced labor in our supply chain. Within Ana Maria Kim, procurement falls into two broad categories: (1) sourcing of raw materials such as gold, diamonds, precious stones, textiles, and leather; and (2) procurement of other types of goods and services to support the day-to-day running of our operations, such as energy, manufacturing, and office equipment. Although the social impact of the goods and services that Ana Maria Kim purchases often lies outside our direct control, where possible, we have taken proactive steps to ensure the absence of slavery and human trafficking in our supply chain.
Ana Maria Kim expects and depends on our managers and employees to uphold a zero-tolerance policy regarding forced labor. As such, Ana Maria Kim has taken steps to increase employee awareness and compliance regarding slavery and human trafficking issues. Ana Maria Kim’s Business Practices Ethics Guide is provided to all employees and suppliers. Employees are encouraged to report violations of the Business Practices Ethics Guide. Ana Maria Kim provides a confidential way for Ana Maria Kim’s personnel to report nonconformance to management and, where appropriate, Ana Maria Kim provides and requires specific training programs regarding supply chain issues.
(B) SOCIAL AND ENVIRONMENTAL RESPOSIBILITY ACT
A responsible attitude towards people, the local area, the environment and community has always been part of Ana Maria Kim’s system of values, in addition to craftsmanship, quality and our hand-made products.
The customer is used to the excellence of Ana Maria Kim products, but is increasingly interested in what goes into their creation.
For this reason, Ana Maria Kim wishes to consolidate its efforts towards Social Responsibility by striving to disseminate practices, integrating them with active participation in economic, cultural, social and environmental development from the point of view of sustainability.
Sustainability is the hallmark of the corporate culture of the women and men working at Ana Maria Kim and contributes to our commitment to excellence, reinforcing it and keeping it constant over time. Sustainability permeates every aspect of our daily work and is an integral part of the tools we use to do our job, the security conditions which protect us, our satisfaction and our professional growth. In terms of external players, sustainability inspires the way we set out the relationship with our stakeholders, whether they are investors, customers, suppliers, institutions, future generations, employees, communities or, more generally, all Ana Maria Kim partners. In managing the economic, social and environmental responsibilities that characterize our business, we apply the same commitment and the same methods used to manage the business.
In this scenario we believe it is necessary to support and promote, inside the company and along the supply chain and in the organizational and marketing process, a corporate growth model which combines the need for excellence with the creation of value through the promotion of a “Sustainable Value", i.e. a value which takes into account both the interests of employees and economic and financial, social and environmental interests
We recognize that the philosophy of “Sustainable Value” is at the heart of our management policies and our corporate conduct. Together we are committed to raising awareness and creating a culture of sustainability within the Ana Maria Kim system - employees, shareholders, customers, suppliers, subcontractors, commercial and financial partners, local communities, institutions, trade associations, trade unions - promoting a Social Responsibility Policy valuing the following aspects:
Business Ethics: all activities occurring anywhere in the world within the Ana Maria Kim system must be conducted with honesty, integrity and in full compliance with the applicable Laws, Regulations and Directives.
Respect for Human Rights: the activities carried out anywhere in the world must be aimed at supporting and respecting the principles of the "Universal Declaration of Human Rights" of the United Nations, in full compliance with Laws, Directives and Collective Labor Agreements and Supplementary Agreements, to protect human rights, people and the environment, and in compliance with:
- ILO Convention No. 1, 29, 105, 87, 98, 100, 111, 102, 131, 135, 138, 155, 159, 169, 177, 182, 183, ILO Recommendation No. 116, 146, 164, regulating child labor, forced labor, workers’ health and safety, freedom of association and the right to collective bargaining, discrimination, maternity protection, disciplinary practices, working hours and salaries
- International Conventions on economic, social, cultural, civil and political rights
- The United Nations Convention on child rights and the elimination of all forms of discrimination against women and all forms of racial discrimination
- Key Principles of Social Responsibility set out by the OECD (Organization for Economic Co-operation and Development)
- The principles of the UN Global Compact, in terms of ethics, human rights and environmental protection
Respect for Workers’ Rights and Equal Opportunities: Ana Maria Kim is actively committed to promoting and paying the maximum attention to respecting workers’ rights and the principles behind the system of protection for workers within the Ana Maria Kim system, taking positive action to ensure the freedom of association and the right to collective bargaining and rejecting all forms of child labor, forced labor and discrimination, ensuring that all workers have the same opportunities for employment and professional development, as well as equal treatment based on merit.
Respect for and Protection of Workers’ Health and Safety: Ana Maria Kim is actively committed to promoting and paying the maximum attention to complying with the standards of health and safety of workers and the communities in which we operate, including in terms of prevention, through initiatives aimed at improving their physical and mental health.
Respect for and Enhancement of Professional Skills: Ana Maria Kim is actively committed to recognizing and promoting the development of each worker’s professional skills and competencies, improving behavioral factors and ensuring that the potential and creativity of individuals are fully realized from a professional point of view.
Valuing Diversity: Ana Maria Kim is committed to recognizing the value of diversity and to performing all activities while fully respecting the cultures, traditions, religions, ethnic groups and communities in which it operates and to preserving their biological, environmental, social, cultural and economic identities.
Cooperation and Solidarity Promotion: Ana Maria Kim is committed to promoting, protecting and improving the quality of life and the socio-economic development of local, national and international communities.
Respect for and Protection of the Environment: Ana Maria Kim is committed to promoting and paying the maximum attention to the environment and ecosystems, whenever linked to business interests or activities, and to pursuing the highest possible standards for handling environmental issues. Right from the raw material procurement stage, Ana Maria Kim is committed to complying with every international convention, directive, law, rule and regulation on the environment and sustainable development, respecting local flora and fauna. Ana Maria Kim believes that the commitment to fighting against climate change is not only essential for safeguarding the planet, but also and especially for ensuring competitiveness and further developing the business.
Respect for Stakeholders: Ana Maria Kim is committed to pursuing a conscientious and transparent relationship with stakeholders, enriching corporate culture through this constant confrontation. All activities must be conducted in full compliance with all stakeholders interacting with the Ana Maria Kim system - employees, unions, shareholders, customers, suppliers, subcontractors, commercial and financial partners, local communities, non-governmental organizations, institutions, associations, etc. - in the belief that they represent a key asset of the company which should be promoted and developed.
Supplier Involvement: Ana Maria Kim is committed to continuing the adoption and monitoring of the policies focused on the economic sustainability of the supply chain, encouraging the sharing of processes leading to the determination of appropriate fees, based on transparent methods which reconcile business requirements, compliance with rules and business sustainability.
The Company is therefore committed to implementing a Social Responsibility Management System which involves the adoption of policies and procedures for the effective implementation, monitoring and continuous improvement of the principles contained in the Social Responsibility Policy, both internally and in its supply chain.
(a) Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
(b) Waiver. No failure, forbearance, neglect or delay of any kind or to any extent on the part of ANA MARIA KIM in connection with the enforcement or exercise of any rights under the Use Terms, the Sale Terms, the Additional Terms shall affect or diminish ANA MARIA KIM’s ability to enforce such rights or any other rights under the Use Terms, the Sale Terms, the Additional Terms.
(c) Construction and interpretation. References to Articles, Sections and Exhibits are to be construed as references to the Articles or Sections of the relevant portions of the Use Terms, Sale Terms, or Additional Terms, unless otherwise indicated, and terms such as “hereof,” “herein,” “hereunder” and other similar compounds of the word “here” shall mean and refer to this entire set of terms rather than any particular part of the same. The paragraph headings and captions are included merely for convenience of reference. They are not to be considered part of, or to be used in interpreting, the terms and in no way limit or affect any of the contents of the terms or its provisions. Whenever used, except as otherwise expressly provided or unless the context otherwise requires, any noun or pronoun shall be deemed to include the plural as well as the singular and to cover all genders. The words "includes" and "including" when used herein shall be deemed to be followed by the phrase "without limitation" unless such phrase otherwise appears. Any reference to products, goods, or merchandise shall refer to the items offered for sale on the Website.