K. Van Bourgondien & Sons

Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE"). By accessing or using this site, you agree to these terms of use. If you do not agree to these terms you may not use this site.

Disclaimer

THIS SITE IS INTENDED FOR USERS OVER THE AGE OF 18. THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, K. Van Bourgondien and SonsDISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, K. Van Bourgondien and Sons DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

Limitation on Liability

IN NO EVENT SHALL K. Van Bourgondien and SonsBE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF K. Van Bourgondien and Sons HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Validating Your Order


After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.



Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.



Order Acceptance/Confirmation


Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. K. Van Bourgondien and Sons reserves the right at any time after receipt of your order to accept or decline your order for any reason.


Order Limitations


We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.



Order Limitations/Limited Quantities


K. Van Bourgondien and Sons may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. K. Van Bourgondien and Sons also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same K. Van Bourgondien and Sons Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

Errors on Our Site


Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and K. Van Bourgondien and Sons reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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, K. Van Bourgondien and Sons will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Product Display/Colors


The K. Van Bourgondien and Sons Web site(s) attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.

Promotions

All promotions from K. Van Bourgondien and Sons are subject to one per household. The promotions cannot be used on previous orders, nor combined with any other offer. K. Van Bourgondien and Sons has the right to terminate any promotion prior to the expiration date.