Welcome to the Knitting Fever INC website (the "Site"), owned and operated by Knitting Fever INC, ("Knitting Fever INC"). Please review the following terms that govern your use of and purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms (the "Agreement").
Knitting Fever INC reserves the right to change these Terms of Service from time to time. Please review the Terms of Service frequently in order to familiarize yourself with any changes that may be made. Your continued use of the Site after the time any changes are made will indicate your acceptance of the Terms of Service, including such changes. If you do not agree to these terms, please do not use the Site.
Unless otherwise noted, the Site, and all of its information and contents, including text, images, illustrations, designs, icons, photographs and other materials are the exclusive property of Knitting Fever Inc (the "Content"), or that of our suppliers or licensors, and is protected by patent, trademark, trade dress and copyright under all applicable United States and/or foreign laws. The use of the Site in no way transfers or assigns any right, title or interest to the content to you.
The Content of our Site is intended solely for personal, noncommercial use (other than for the purchase of merchandise from our site) by the users of our Site. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or
interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Knitting Fever INC.
Violations of Knitting Fever INC's system or network security may result in civil or criminal liability. Knitting Fever INC will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a Knitting Fever INC server or Knitting Fever INC account, which you are not authorized to access
- Attempting to probe, scan or test the vulnerability of any of Knitting Fever INC's systems or networks or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
- Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing" the Site
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Site
If you wish to purchase any product through the Site (each such purchase, a "Transaction"), you will be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Knitting Fever INC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
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 user account, credit card, and/or orders that use the same address information. In the event we make a change to or cancel an order, we will attempt to notify you via email/address/phone number provided when the order was placed.
Payment is due by the due date indicated on each invoice. If the balance (or any part thereof) remains unpaid after the due date, you agree to pay Knitting Fever, INC interest on any overdue balance at the rate of 1.5 percent per month (18 percent per annum) or the maximum rate allowable by law, whichever is less. You also agree to pay all costs that Knitting Fever, INC may incur to collect any unpaid balance, including Knitting Fever, INC's attorneys' fees.
Although availability may be indicated on the Site, we cannot guarantee product availability and products. Therefore, some products may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, to our discretion, cancel your order and refund your money.
Any shortage or complaint on a shipment must be reported within 10 days of receipt of goods. No claim will be considered after 10 days. If anything is missing or damaged, please keep the box for the shipping carrier to inspect. The shipping carrier may not honor claims without the box.
All sales are ﬁnal. We do not ship orders on consignment. Where a return is warranted, there will be a 15% restocking charge and the merchandise sent back at the customer's expense. Call tags will be sent only for shipping errors.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
PHOTOGRAPHY AND PRESENTATION
We have made every effort to display as accurately as possible the colors and textures of our products that appear at the Site. However, as the actual images you see will depend on your monitor and its settings, and may also be affected by other factors outside of our control, we cannot guarantee the accuracy of any displayed image.
AGE OF USERS
Individuals under the age of 18 are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from minors. Should we learn that someone under the age of 18 has provided any personal information to us, we will delete that information as soon as possible.
LINKS TO OTHER WEBSITES AND SERVICES
The Site may contain links to other websites that are not under the control of Knitting Fever INC. Knitting Fever Inc disclaims all liability and responsibility for any linked websites nor does linking constitute an endorsement of any linked website. Other websites are governed by their own applicable terms of service and privacy policies. Links are provided solely for the convenience and information of the Site's users.
DISCLAIMERS AND LIMITATION OF LIABILITY
Knitting Fever INC does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the 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."
Knitting Fever INC disclaims all warranties, conditions, 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, 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. Knitting Fever INC does not warrant that the site or its function, the content or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Knitting fever inc makes 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 content 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.
In no event shall knitting fever inc, 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 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 knitting fever inc or its representatives have 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.
You agree to defend, indemnify and hold Knitting Fever INC, its directors, officers, employees, agents and affiliates harmless from and against any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from or related to your use of the Site and/or your breach of any representation, warranty or other provision of the Agreement.
This website is controlled by Knitting Fever INC from its offices in Amityville, New York. As the Site can be accessed from all fifty states and other countries around the world and each of these places has laws that may differ from those of New York, by accessing this website both you and Knitting Fever INC agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this website. Knitting Fever INC makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where the contents are illegal is prohibited. Those who choose to access this site
from other locations do so on their own initiative and are responsible for compliance with all applicable laws.
Any dispute relating in any way to this Agreement, your visit to the Site, or to any purchase, return or other transaction with Knitting Fever, INC shall be decided in accordance with New York law (exclusive of its choice of law rules). By using the Site, you irrevocably expressly consent to personal jurisdiction in the state and federal courts of New York over any such dispute; and you irrevocably waive any objection to laying of venue in any New York State or federal court venued in Suffolk County, New York for any such dispute. If you wish to purchase any product through the Site (each such purchase, a "Transaction"), Knitting Fever, INC, at its sole discretion, may pursue an action to recover amounts due and owing from you either in a court in a state where you reside or maintain a place of business or in any New York State or federal court venued in Suffolk County, New York, having subject matter jurisdiction over the matter. You irrevocably expressly acknowledge that your Transaction constitutes a transaction of business within New York State and purposely directed towards New York State, and you irrevocably expressly consent to personal jurisdiction in the state and federal courts of New York; and you irrevocably expressly waive any objection to laying of venue in any New York State or federal court venued in Suffolk County, New York.
The failure of Knitting Fever INC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
To contact us with any questions or concerns in connection with this Agreement or the Site, or to provide any notice under this Agreement to us, please contact us at:
Knitting Fever Inc. & Euro Yarns
PO Box 336
315 Bayview Avenue
Amityville, NY 11701
PO Box 336
315 Bayview Avenue
Amityville, NY 11701
STANDARD TERMS AND CONDITIONS OF SALE OF GOODS
- DEFINITIONS USED HEREIN - "Document" or "contract" means this document, including any attached pages and terms and conditions contained herein. "Seller", "us" or "we means Knitting Fever Inc., KFI Inc. DBA Euro Yarns, including any affiliate, successor, or predecessor companies. "Buyer" or "you" means the buyer identified in this Document. "Goods" means supplies, yarns, books, patterns, etc. supplied by us to you as described in this document.
- COMPLETE CONTRACT - This document contains the complete and exclusive agreement between you and us regarding the terms of the sale of the Goods by us to you. This document supersedes and replaces all previous agreements concerning the Goods. Any additional or different terms will not become part of the contract or agreement for the sale of the Goods and are hereby objected to by us without further notice unless made in writing and signed by an authorized representative of each of Seller and you.
- CANCELLATION - Buyer may not cancel the order unless Seller agrees in writing. Seller may suspend or cancel the order on written notice to the Buyer if: (a) Buyer fails to pay Seller any money when due; (b) Buyer becomes insolvent; (c) Buyer fails to honor its obligations under these terms.
- PRICES - All prices quoted are subject to change without notice. Freight is prepaid by the Seller and added to the invoice, unless otherwise agreed. Total price for goods will be calculated based on our last published pricelist in effect at the date of this contract. Any applicable taxes or other governmental impositions, which we may be required to pay or collect, will be added to the price and paid by you unless we receive a valid exemption certificate.
- TITLE, DELIVERY AND RISK OF LOSS - Unless otherwise specified, delivery points shall be the F.O.B. point specified by Seller, but title to the Goods and liability for loss or damage in transit or thereafter shall pass to you upon our delivery of the Goods to a common carrier for shipment. Shipping dates are not guaranteed. The goods ordered here will be shipped on the date requested on the contract or anytime after the designated date as they become available.
- SHORT, DAMAGED OR DEFECTIVE GOODS - Claims for Goods delivered short, damaged or defective (not due to fault of carrier) shall be filed with Seller within ten days after date of shipment. Buyer's claims for shortages shall detail shipment weights and method of counting the Goods. Claims for Goods delivered short, damaged or defective as a result of the fault of the carrier will be handled by Seller directly with the carrier. Failure to retain the original packing materials for inspection by the carrier waives Buyer's right to place a claim.
- PAYMENT - Full cash payment is due according to terms granted by Seller to Buyer. Orders are subject to final approval by Seller's credit department, which may require full or partial advance payment. Credit is given based on credit history. Before any account is given terms, a credit application must be filled out and on file. Seller reserves the right to change the terms granted at any time. In the event Buyer delays shipment, full payment shall be due according to terms granted by Seller from the date Seller could have otherwise shipped the Goods. If Buyer does not make payments when due, Seller reserves the right to charge Buyer 1.5% per month on the overdue balance until paid. Seller reserves the right to process an electronic ACH debit to Buyer's bank account in the event Buyer presents Seller with a check returned for non-sufficient funds. In the event that Buyer fails to make payments as and when they become due, Buyer additionally agrees to be liable for all collection expenses including Seller's attorneys' fees and court costs.
- EXCUSABLE DELAYS - No liability shall result from delay in performance or non performance, directly or indirectly caused by circumstances beyond our control, which include, but are not limited to, Acts of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, or inability to obtain material, equipment or transportation. Quantities so affected may be eliminated from the agreement without liability, but the agreement shall remain otherwise unaffected.
- LIMITATIONS OF REMEDIES AND DAMAGES - You agree that our obligation described in the preceding paragraph is your sole and exclusive remedy, and that our total liability to you, your customers or to any other person, relating to this document, its performance or non-performance, or from the use of Goods furnished, is limited to the price of the Goods and/ or services giving rise to the claim. Seller and its suppliers will not, in any event, be liable for any special, incidental, consequential or penal damages incurred in connection with the Goods, whether any claim for recovery is based upon or arises out of theories of contract, negligence, tort (including strict liability) or otherwise, including, but not limited to back charges; labor costs; cost of removal, replacement; loss of profits or revenues; loss of use of the Goods or any associated products; damages to associated products; lateness or delays in delivery; failure of the Goods to be able to accurately process, unavailability of Goods; cost of capital; cost of substitute Goods, facilities or service; downtime; or claims from your customers or other parties to you or directly to us for such damages.
- RETURNED GOODS - All sales are final; however, Seller, at its sole discretion, may accept an authorized return. Buyer must obtain a written return authorization (RA) from Seller before returning any items and pay any resulting restocking charges as reasonably determined by Seller. We reserve the right to refuse delivery on all items returned to us without a valid RA. Any RA will be valid for 30 days from the date of issuance. Returned material must be received within that 30-day period or the RA is void. You must prepay all freight. We will only issue a call tag or a credit for freight where an incorrect shipment has been made by us. All returned items must be new, unused, unmarked and with price tags. Special orders cannot be canceled or returned.
- APPLICABLE LAW - This document and any subsequent contract referred to herein shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws and principles.
- SEVERABILITY - Invalidity of any of the terms provided herein shall not affect the validity of any other term.
- WAIVER - Waiver by us of your performance, or inaction with respect to your breach of any provision of this document, or failure of us to enforce any provision of this document, will not be deemed a waiver of future compliance herewith or a course of performance modifying such provision, and such provision will remain in full force and effect as written.
- CREDIT CARD - Buyer agrees that its credit card listed on this contract and/or on file may be used as payment for any and all invoices generated as a result of this contract and acknowledges that Seller may process payments as they become due.
- By submitting this electronic agreement, Buyer acknowledges the full acceptance of the terms of sale.
Welcome to Knitting Fever INC, ("Knitting Fever INC," "we," "our," the "Services", the "Website"). We take privacy very seriously and your credit card information and other data given during any transactions will be guarded with the highest levels of security and confidentiality.
This policy does not apply to the practices of third parties that Knitting Fever INC does not own or control, or to individuals that we do not employ or manage.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
Knitting Fever INC may use information you provide to process and fulfill your order, which may include sending you emails to confirm your order status and shipment.
We may use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Knitting Fever INC may use your email address for non-marketing or administrative purposes such as notifying you of Website updates or for customer service purposes. You cannot opt out of receiving emails for non-marketing or administrative purposes.
Knitting Fever INC's servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
Knitting Fever INC may use anonymous, non-personally identifiable web data (such as is logged automatically by our server) to monitor visitor usage on our Site. Reviewing analytical data such as hits to our server, traffic patterns, and page views is helpful in maintianing a useful and secure Site. This type of collected information does not personally identify specific Site users.
Will Knitting Fever Inc Share Personal Information?
Knitting Fever INC may disclose your Personal Information to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Knitting Fever INC to legal liability. Knitting Fever INC may also disclose your Personal Information to third parties when Knitting Fever INC has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Knitting Fever INC's rights, property, operations, users, or others who may be harmed or may suffer loss or damage, or Knitting Fever INC believes that such disclosure is necessary to protect Knitting Fever INC's rights, combat fraud, and/or comply with a judicial proceeding, court order, or legal process served on Knitting Fever INC. To the extent permitted by applicable law, Knitting Fever INC will make reasonable efforts to notify you of such disclosure through Knitting Fever INC's site or in another reasonable manner.
Data Retention and Correctness
Third Party Terms and Conditions
Please note that your access to and use of the Services may be subject to certain third-party terms and conditions and privacy policies. You recognize and agree that Knitting Fever INC is not liable for any such third-party terms and conditions and their use of your Personal Information.
Knitting Fever INC may in its discretion make available links through advertisements or otherwise enable you to access third-party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Knitting Fever INC. Knitting Fever INC is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Knitting Fever INC is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people, websites, or companies.
Knitting Fever INC follows generally accepted industry standards and maintains reasonable safeguards to attempt to ensure the security, integrity, and privacy of the information in Knitting Fever INC's possession. Knitting Fever INC takes reasonable security measures intended to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. It is the user's responsibility to keep their password secure.
No system can be 100% secure and there is the possibility that despite Knitting Fever INC's reasonable efforts, there could be unauthorized access to your Personal Information. By using the Services, you assume this risk.
If you are under 18 years of age in your country of residence, please ask your legal guardian's permission to use or access the Services. Knitting Fever INC encourages parents and/or guardians to play an active role in their children's online experience. Knitting Fever INC does not knowingly collect any Personal Information from children under 13 years of age, and if Knitting Fever INC learns that Knitting Fever INC has inadvertently gathered Personal Information from children under 18 years of age, Knitting Fever INC will take reasonable measures to promptly erase such Personal Information from Knitting Fever INC's records.
Any and all use of your Personal Information by Knitting Fever INC is governed by United States law and the laws of the State of New York.
Knitting Fever INC makes good faith efforts to enable you to review, update or correct your Personal Information in Knitting Fever INC's possession. In order to do so, please contact Knitting Fever INC at email@example.com. Knitting Fever INC will need sufficient information from you to establish your identity and to verify your access request, and also to assist us in handling your request. Please note that even if Personal Information is changed or deleted according to your request, Knitting Fever INC may still retain some of your Personal Information to resolve disputes, enforce Knitting Fever INC user agreement(s), and comply with technical and legal requirements and constraints related to the security, integrity, and operation of the Knitting Fever INC Services.