You agree that:
a. You may only use the Website to make legitimate enquiries or orders.
b. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
d. If you do not give us all of the information that we need, we may not be able to complete your order.
e. You will not attempt to interfere or interfere in any way with the Site’s or our networks or network security, or attempt to use the Site’s service to gain unauthorized access to any other computer system.
f. You will not use the Site to communicate, transmit, or post material that infringes on the intellectual property, privacy or publicity right of another person or entity.
g. You will note use the Site to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.
h. By placing an order through the Website, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
Items offered through this Website are available for delivery to most parts of the world.
No contract (“Contract”) in respect of the purchase of a product offered on the Site shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below). If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the “Authorize payment” button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal value, which you can order.
We reserve the right to withdraw any product from this Website at any time and/or remove or edit any materials or content on this Website. While we will take reasonable efforts to process all orders, there may be exceptional circumstances, which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
We will not be liable to you or any other third party by reason of our withdrawing any product from this Website, whether it has been sold or not, removing or editing any materials or contents on this Website or for refusing to process or accept an order after we have sent you the Order Confirmation.
Subject to the provisions of Clause 5 above, and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 working days of the date of the Shipment Confirmation. Delivery to Alaska, Hawaii, and countries outside of the United States can take up to 25 plus working days of the Shipment Confirmation.
Reasons for delay could include:
- Customization of products;
- Specialized items;
- Unforeseen circumstances;
- Delivery area;
If for any reason whatsoever, we cannot meet the delivery date, you will be kept informed thereof and offered a choice of either continuing with the purchase by setting an extended delivery time or canceling the order. Please note however, that we do not deliver on Sundays or holidays.
For signature required deliveries, we will make three attempts to deliver your parcel before initiating a return. For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon signing for receipt of the products at the agreed delivery address. For all other packages, we will try to find a safe secure place to leave your parcel.
If we are unable to deliver the goods , we will try to find a safe secure place to leave your parcel. Please note that an order can be delivered to a neighbor, in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse.
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Clause 8 above), should this be later.
The price of the products shall be the one quoted from time to time on our Website, except where there is an apparent error. While we take care to ensure that all prices quoted on our Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it.
We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time, but (except as provided above) any potential change will not affect any order for which a Shipment Confirmation has been sent.
We follow all applicable sales tax regulations for the jurisdictions where we do business. Sales tax is charged (if applicable) according to the shipping address of your order.
Once you have finished shopping, all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment.
Payment can be made by Credit Card via Stripe and PayPal. To minimize the possibility of unauthorized access, the details of your credit card will be encrypted. Upon receiving your order, we will make a pre-authorization on your credit card to ensure there are enough funds to complete the transaction. The amount of the purchase will not be charged to your card until your order has been shipped to the delivery address. By clicking on the “Authorize Payment” button, you are confirming that the credit card is yours. Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
If payment is made via PayPal the amount will be charged upon confirmation of your order.
Items purchased at full price from cabbagesandkingsny.com may be returned within 14 days of the invoice generated date for merchandise credit only. No refunds will be issued. Returned items must have all original tags, and be in new, unworn, and unwashed condition.
To return an online purchase by mail, you must contact the Cabbages & Kings customer care team to obtain a return authorization number.
Cabbages & Kings is not responsible for returns lost in transit, therefore we suggest using a shipping service with tracking number capabilities, such as: UPS, FedEx, or USPS.
We are only able to issue a refund on merchandise received at our fulfillment center.
Please include a copy of your packing list or receipt with any return items so that it may be quickly processed.
Please help us improve service and quality by noting your reason for the return.
Once items are received and processed, a Cabbages & Kings merchandise credit will be issued for the purchased amount less shipping charges. Credits are valid for 12 months from date issued.
Cabbages & Kings is not able to accept returns purchased outside of the cabbesandkingsny.com store. Please kindly contact the retailer directly.
Items returned without a return authorization number or outside return policy guidelines will not be mailed back and will not be refunded.
All swimwear, jewelry, and clearance purchases are final sale and may not be returned or exchanged.
Cabbages & Kings reserves the right to limit the number of returns.
Except as provided by applicable state law, store credits and gift cards are not redeemable for cash, are non-transferable and cannot be replaced if lost or stolen.
It is our goal to assist you with all your shopping needs and we will expedite your requests and connect with you to assure your shopping experience at cabbagesandkingsny.com is satisfactory.
Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product.
We publish information on this Site as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described in the Site may not be available in your region. We do not claim that the information in the Site is appropriate to your jurisdiction or that the products described in this Site will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE, WHICH IS PROVIDED“AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
We make no warranties of any kind regarding any non-Cabbages & Kings sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Cabbages & Kings sites. We do not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL CABBAGES & KINGS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF CABBAGES & KINGS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.
To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.
The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), is Cabbages & Kings property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Cabbages & Kings. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained on the Site. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
As between you and Cabbages & Kings, (or any other company whose marks appear on the Site), Cabbages & Kings (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. The Cabbages & Kings logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Cabbages & Kings Intellectual Property”) are owned by Cabbages & Kings and may be registered in the United States and internationally. You agree not to display or use the Cabbages & Kings Intellectual Property in any manner without Cabbages & Kings prior permission. Nothing on the Site should be construed to grant any license or right to use any Cabbages & Kings Intellectual Property without the prior written consent of Cabbages & Kings.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by Cabbages & Kings. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using this Website to the extent necessary to make a copy of any order.
If you believe a work on the Site constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:
a. evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;
b. description of the copyrighted work or trademark that you claim has been infringed;
c. a description of where the alleged infringing material is located on the Site, including the permalink where the material is located;
d. your address, telephone number, and e-mail address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or trademark owner or authorized to act on the owner’s behalf; and
g. your physical or electronic signature.
Cabbages & Kings Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at firstname.lastname@example.org.
You agree to defend, indemnify and hold Cabbages & Kings, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete.
Upon registering, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to, review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site and services on the Site in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release Cabbages & Kings from any and all liability concerning such transactions or activity. You agree to notify Cabbages & Kings immediately of any actual or suspected loss, theft or unauthorized use of your account or password. Cabbages & Kings has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. Cabbages & Kings will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
a. As part of your use of the Site and services offered on the Site, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or e-mail us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Site. You hereby grant Cabbages & Kings a right (including any moral rights) and worldwide license to use the Posted Content on the Site and to promote and advertise the Site and Cabbages & Kings in any way.
b. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:
- post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it;
- post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it;
- post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
- post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
- post any chain letter or pyramid scheme; or
- post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
d. CABBAGES & KINGS HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST CABBAGES & KINGS FOR SUCH REMOVAL AND/OR DELETION.
e. CABBAGES & KINGS IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.
f. We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that Cabbages & Kings has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through this Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, Cabbages & Kings by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by Cabbages & Kings.
All notices given by you to us should be given to us preferably via our web form. Subject to and as otherwise specified in Clause 17 above, we may give notice to you at either the e-mail or postal address you provide to us when placing an order.
Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action.
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e. Impossibility of the use of public or private telecommunications networks.
f. The acts, decrees, legislation, regulations or restrictions of any government.
g. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
No failure of Cabbages & Kings to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause on Notices (Clause 20) above.
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via our web form.
Last Updated: 06/14/2013