T E R M S & C O N D I T I O N S
Terms and Conditions
Last Updated: February, 2019
Welcome to KaiserAtelier.com, your online store location. We have prepared the information below to ensure that your experience of our Website is one you'll want to repeat. Kaiser Atelier provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site. Kaiser Atelier may revise this agreement at any time, at its sole discretion, by posting an amended Agreement on the Site. Any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the Last Updated information that appears at the top of this Agreement. Should you have any questions concerning any of our policies, please contact us via e-mail at email@example.com
By visiting or using the Kaiser Atelier website, you agree to the following terms and conditions:
All elements of this site are the exclusive property of Kaiser Atelier and are fully protected by United States and international copyright laws, including logos, texts, images, artwork, intellectual property and pictures, as well as navigational buttons, considered separately or as part of the web site. This site is protected by copyright and applicable trade dress.
Any use of our web site for purposes other than personal and strictly non commercial, except when related to placing an order on our site, is prohibited without the explicit written consent of Kaiser Atelier. Linking or reproducing any element of our web site is prohibited without prior consent from Kaiser Atelier.
We strive to provide only accurate information on our web site. However, errors -- whether human or technological -- can happen in the form of omissions, inaccuracies relating to pricing or availability, or incomplete information. Kaiser Atelier reserves the right to correct omissions, errors or inaccuracies at any time, including after an order has been placed. We sincerely apologize for any inconvenience we could cause.
The above is subject to all laws in effect. With regard to violation of our intellectual property rights as detailed above, we reserve the right to seek relief in any State or Federal jurisdiction. The terms and conditions of this legal notice may change without prior notice.
Colored Gemstone Enhancement Disclosure
Purchasers of colored gemstones should be aware that natural gemstones are processed from the time they are extracted from the earth by one or more traditionally accepted trade practices. Some or all colored gemstones listed on this website may have been subject to colored gemstone enhancement process.
Please telephone or email us to inquire about the status of your order. Additionally you may check your account for your order status.
Information Collection and Use
Kaiser Atelier is committed to ensuring the privacy of its customers. We will not collect, share or sell any information other than as explained in this statement.
During registration, users are asked to give their contact information (such as name and email address). We may use this information to contact you regarding your order. A user's billing and shipping information is not requested during registration. Users may update their billing information through their account profile and billing information will automatically be saved to the profile upon checkout. Shipping information can be entered by registered users (within My Account) or can be saved to their My Account feature during checkout. Users may update their contact and other personal information through the My Account feature. Unless you ask us not to do so (by unchecking the designated box during registration, or opting out later as explained below), we may use the information collected to send you, from time to time, additional promotional materials.
We also request information on the order form when you are placing an order on our Site. Here we ask for contact information (like name and shipping address) and financial information (credit card number and expiration date). The information is used for billing purposes and to fill customers' orders. If we have trouble processing your order, this contact information is used to get in touch with you.
We do not send our own marketing information to an individual customer who has not explicitly elected to receive marketing contact. We do not share our marketing contact elected customer's information with third party marketing partners for third-party direct marketing purposes. Once we have received and processed an unsubscribe/opt-out request from an individual customer all marketing contact from Kaiser Atelier will cease.
A cookie is a piece of data stored on the user's hard drive containing information about the user. Kaiser Atelier uses a cookie to store your email address so that we can auto-detect a returning user to the Site. Cookies can be used to let users auto-login. Once the user closes their browser, the cookie simply terminates. For instance, by setting a cookie on our Site, the user would not have to log in with a password more than once, thereby saving time while on our Site. If a user rejects the cookie, the only drawback is that the user will be limited in certain non-secure areas of our Site. Cookies also enable us to track and target the interests of our users to enhance the experience on our Site. We use IP addresses to track only aggregate information regarding Site traffic. We do not collect any personal information via a user's IP address.
We guarantee shopping at KaiserAtelier.com is safe. We employ SSL (Secure Socket Layer) encryption to ensure the security of your information. If, by chance, unauthorized charges are made to your card as a result of shopping with us, you pay nothing.
Unless otherwise noted, all design and content featured on Kaiseratelier.com including URL.s, navigational buttons and images, artwork, graphics, photography, text, and the like are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Kaiser Atelier. This Site in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our Site and the Site as a whole are intended solely for your personal, noncommercial use. Any use of our Site and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Kaiser Atelier. You may not reproduce, publish, display, modify, sell, or distribute any of the materials from the Site. You may, however, download or electronically copy and print any of the page contents displayed on the Site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any Site materials via email, no right, title, or interest in those materials will be transferred to you.
Our internet pages are merely an invitation for you to make us an offer to buy the items described on these pages. When you submit an order it constitutes an offer for us, which we accept only by shipping the item(s) ordered. Internet orders generate an automatic order confirmation e-mail. These automatic order confirmation e-mails do not constitute our acceptance of the offer, and are subject to correction prior to shipment due to inaccuracies, errors, product discontinuation or unavailability, or any other reason.
We endeavor to present the most recent, most accurate, and most reliable information on our Site at all times. However, there may be occasions when some of the information featured on KaiserAtelier.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, specifications or item availability, or in any way affects your individual order. Please be aware that we present our content 'as is' and Kaiser Atelier makes no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.
In the event a Kaiser Atelier product is listed at an incorrect price due to photographical error, typographical error or error in pricing information received from our suppliers, Kaiser Atelier shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Kaiser Atelier shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kaiser Atelier shall issue a credit to your credit card account in the amount of the incorrect price.
At KaiserAtelier.com, we go out of our way to select the kind of distinctive merchandise for which the Kaiser Atelier name is recognized. Please understand that many of our featured items are selected in limited quantities and, because of their limited availability, their stock will not and cannot be replenished. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on KaiserAtelier.com is no longer in stock, we make every attempt to remove that item from the Site in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us. NOTE: THIS SITE USES POP-UP WINDOWS TO CONVEY PERTINENT INFORMATION SUCH AS BACKORDERS AND SHIPPING DEADLINES.
Most Kaiser Atelier products displayed at the Site are available at the Kaiser Atelier store in the United States while supplies last. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. Keep in mind, KaiserAtelier.com does not carry every item that you would find in our store. In some cases, merchandise displayed for sale on the Site may not be available at the Kaiser Atelier store. The Kaiser Atelier store may also have different prices or promotional events at different times. Sale prices on the Site are internet-only specials and do not reflect the pricing of the YLANG YLANG store.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Although we will make every effort to respond within one business day to applicable email messages, Kaiser Atelier is under no obligation to respond to all pieces of correspondence received through this Site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding KaiserAtelier.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company shall become and remain the property of Kaiser Atelier. To the extent that ownership of such submissions does not vest with Kaiser Atelier, you grant Kaiser Atelier a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right to exploit, in any way, commercially or otherwise, such submissions, with the right to sublicense. Any disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission, and you represent and warrant that any use by Kaiser Atelier of such information or ideas will not violate any intellectual property, proprietary, contract or other right of any third party. However, we will not use your name in connection with any such materials, information, suggestions, ideas, and comments unless we first obtain your permission, or otherwise are required by law to do so.
You agree to indemnify, defend, and hold harmless Kaiser Atelier , its officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (1) any violation of these terms and conditions, (2) any allegation that any information or material submitted by you to Kaiser Atelier violates any intellectual property, proprietary, contract, or other right of any third party, or (3) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
Given the unpredictability of technology and the online environment, Kaiser Atelier does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to, and user of, this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with use of our Site. As a visitor to, and a user of, this Site, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KAISER ATELIER AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability
NEITHER KAISER ATELIER NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR MATERIALS IS TO STOP USING THE SITE AND/OR MATERIALS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO KAISER ATELIER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED IN ANY WAY TO YOUR ACCESS OF THE THIS WEBSITE SHALL BE $100.
We reserve the right to immediately terminate this agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Kaiser Atelier shall have no liability for termination of this agreement. Upon termination of this agreement, your right to use the Site shall immediately cease.
This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Dallas, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sub licensable by you except with Company's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.