terms & conditions

By visiting or shopping at kontextur.com you are agreeing to accept these terms and conditions. It is your responsibility to read and understand them. If you do not agree to these terms and conditions, please do not use this site.

Copyright

Everything on this site, including images, drawings, sound, graphics and text, is protected by worldwide copyright and other proprietary laws and treaty provisions. kontextür grant you a limited license to access and make personal use of this site, and not to download, except where specifically invited, nor to duplicate, sell or modify, any portion of this site without express written authorization from kontextür. You agree not to access this site by means other than that provided by kontextur.com.

Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. kontextur.com may sell products for children, but we sell them only to adults. If you are under 18, you may use kontextur.com only with involvement of a parent or guardian. kontextür reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

User Warranties

In placing an order, you warrant that you are over 18 years of age, and that you are providing kontextur.com with accurate, true, and complete information, and that you have the authority to place the order.

Changes to Terms and Conditions and To Site

kontextür reserve the absolute right to modify or change the terms of use of this site with or without notification. If you disagree with any changes to the terms, your sole recourse is to stop using this site. Prices are subject to change without notice. If a product is listed at an incorrect price, kontextur.com reserve the right to refuse, cancel or limit any order placed at the incorrect price.

Taxes

kontextür will withhold sales taxes for purchases shipped to any location in New York State. Users are responsible for all sales taxes and other taxes on merchandise shipped to other states. The rate of sales tax imposed will be that of New York City, 8.625%.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KONTEXTÜR DOESN'T MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KONTEXTÜR DISCLAIM ALL WARRANTIES WITH RESPECT TO KONTEXTÜR, THE INFORMATION AND SERVICES PROVIDED ON THIS SITE AND THE MERCHANDISE OFFERED AND SOLD AT THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, AVAILABILITY, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE.

KONTEXTÜR DOES NOT WARRANT THAT ITS SITE, ITS SERVER OR EMAIL SENT FROM ITS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KONTEXTÜR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR 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.

Indemnification

You agree to indemnify and hold harmless kontextür and its officers, directors, employees and suppliers, from any claim, demand, action or damage, including reasonable attorneys' fees, made or incurred by any third party arising out of or related to your use of this site.

Links

kontextur.com may provide links to other sites over which we have no control, and we will not be liable for the content, operation or products available through such other sites. You should carefully review such other sites' privacy statements and other conditions of use.

Choice of Law

By visiting kontextur.com you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and kontextur.com. Any disputes arising between you and kontextür shall be settled and determined in New York, New York in any court having jurisdiction thereof. By visiting kontextur.com, you irrevocably submit to the jurisdiction of any of said courts for purposes of resolving such disputes and waive any claims or defense of inconvenient forum or lack of personal jurisdiction.

Termination

We reserve the right to terminate your account and restrict your use of this site if we have reason to believe you have violated any of these terms and conditions, including providing us with false information.

Privacy

Privacy should be an important consideration when making decisions about purchasing on line. We promise responsible handling of sensitive customer information, and the following details our policy regarding the information we collect from our customers and what we do with it. By using our website, you are agreeing to the terms of this privacy policy.

Information Collection and Use

kontextür is the sole owner of the information collected on kontextur.com. The information is used entirely and only by us, except in cases where we use third party agents to perform certain functions for us, such as credit card processing, delivering packages, fulfilling orders or analyzing data. In those cases, we provide only the information necessary for the performance of those specific functions. We will not sell, share or rent this information to any other entity for any reason. We use the information you give us to personalize the service to individual needs, to service customer requests, to respond to customer queries and other communications, and to improve our service generally.

Other than as set out above, you will receive notice when information about you might be used for any other purpose or go to any other third parties, and you will have an opportunity to choose not to share the information.

Logging In

Anyone using the web can enter kontextur.com but in order to make purchases from these websites, a user must first log in. During log in, a user is required to give contact information (such as name and email address). Logging in involves creating a username and password, which when entered later, allows access to a personal account, with purchase history and other information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Ordering

We request additional information from the user on our order forms. Here a user must provide contact information (like name, billing and shipping addresses) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer orders. If we have trouble processing an order, this contact information is used to get in touch with the user. You are given the choice of not having us store this information.

Cookies

A cookie is a piece of data transferred by us to your hard drive which allows our system to recognize your browser on subsequent visits to our site. This enables you to enter the site without the necessity of logging on. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information while on our site. If a user rejects the cookie, he or she may still use our site.

Log Files

We use IP addresses to analyze trends, administer the site, track each user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Sharing

We may use a third-party credit card processing company to bill users for goods and services. These companies are not authorized to retain, share, store or use personally identifiable information for any secondary purposes.

Children

We do not sell products for purchase by children although we may sell children's products for purchase by adults. If you are under 18, you may use kontextur.com only with involvement of a parent or guardian.

Links

Our websites may contain links to other sites. Please be aware that kontextur.com is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This Privacy Statement applies solely to information collected by this Web site.

Security

This web site takes precautions to protect our users' information. When users submit sensitive information via the web site, their information is protected both online and off-line.

When our log in/order form asks users to enter sensitive information (such as a credit card number), that information is encrypted and is protected with encryption software. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked (as opposed to un-locked, or open, when you are just 'surfing').

While we use encryption to protect sensitive information online, we also take measures to protect user information off-line. Because our websites are an extension of moss, a retail store, the store and online inventory and customer databases are linked. However, we do not store credit card numbers from online transactions and, at log in, users are offered the option of not having their billing or shipping address details stored in our customer database. If such an option is exercised, those details will remain only on the customer order form, which is necessary to track customer orders. Access to the customer database is limited to those employees with a need to perform specific functions (such as shipping, order transaction, customer service, billing) and each access is password protected.

All email communication regarding sales orders will refer to credit card numbers only by their final four digits.

If you have any questions about the security at our Web site, you can send an email to [email protected].

Email Communication

Established members will occasionally receive information on new products or activities at the store or gallery, or other information we think may be of interest.

Site and Service Updates

We also send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to the account via email or phone.

Correction/Updating Personal Information

If a user's personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data. This can be done online by making corrections to the relevant data in the "myaccount" section or by emailing Customer Service, or by notifying us by mail or fax.

Notification of Changes

If we decide to change our privacy policy, we will post those changes so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users in advance by email and users will have a choice as to whether or not we use their information in this different manner. Unless permission to use information in another manner is granted, we will only use information in accordance with the privacy policy under which the information was collected.