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KMS Designs Terms of Service

The services provided by KMS Designs and Katherine Swift are subject to the following terms and conditions set forth below:

Before you use this website, KMS Designs requires that you read and accept these terms of service. If you visit, shop, or otherwise participate in the site, you accept these terms of service. If you choose not to accept these terms of service, you may not access or otherwise use the site or services. If you have any questions regarding these terms of service, please contact contact Katherine Swift.   In addition, users should make themselves familiar with the KMS Designs privacy policy.

KMS Designs may, at our sole discretion, change, modify, add or remove any portion of these terms of service, in whole or in part, from time to time and at any time without notice to you, by posting such changes on the site. Your continued use of the site and the services after such changes are posted will constitute your agreement to such changed terms of service.  The date of the most recent change of this service is posted at the end of this document.

The services are available only to individuals or entities who can form legally binding contracts. Persons under the age of 18 or individuals who have been suspended from the services may participate in the services. If you are under the age of 18, you can use the services only in conjunction with, and under the supervision of, your parents or guardians, and must be no younger than thirteen.

You understand that all information, data, text, photographs, graphics, video, messages, and/or other materials on KMS Designs), is copyrighted by KMS Designs. Unauthorized use of any of these materials will be subject to a damages claim by Katherine Swift against the perpetrator.

The buyer is liable for the purchase price, shipping and handling fees and any applicable sales tax. Payment for the art may be made by cash (in person), credit card, Paypal transfer, or by a check or money order payable to Katherine Swift. All posted purchase prices are listed according to their value in U.S. dollars. If payment is made by check, the piece(s) of art will not ship to the seller until the check clears and payment is received by Katherine Swift. If the check has not cleared within thirty (30) days, the order will be canceled.

Katherine Swift shall properly pack the piece(s) of jewelry and ship them to the address specified by buyer. Jewelry will be shipped within the deadline set by Katherine when the jewelry is purchased. listing the piece. In the event that jewelry cannot be shipped within the time frame agreed upon, the purchaser shall be notified of the new ship date.

A buyer may return a piece of jewelry within fifteen days of receipt for a refund or within thirty days after the date of buyer's receipt of such piece of jewelry for store credit. No returns will be accepted after such period. After marking the order as returned the buyer must ship it to Katherine within seven days. If the return is not shipped within seven days it will be canceled and the order will no longer be accepted for return. Buyers will only receive return or credit for the piece of jewelry, not for any shipping and packaging charges. Jewelry cannot be returned if it is purchased as a piece of custom work or purchased internationally.

If a buyer elects to return a piece of jewelry, the buyer must contact Katherine for a return authorization.Once Katherine receives the returned piece of jewelry, the piece will be processed according to the buyer's wishes. Insurance, packing and shipping fees associated with the return of the returned piece of jewelry shall be the sole responsibility of the buyer.

You agree to defend, indemnify and hold harmless Katherine Swift and KMS Designs, its officers, directors, agents, subsidiaries and employees, from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any breach or violation by you of these terms of service, any use by you of the Site or any disputes or damages arising out of your use of or contracts formed with you through this Site.

Where KMS Designs provides links to third party internet sites, no representations or endorsements are made in connection with such sites. Katherine Swift is not liable for any damages or injury arising from use of such sites.

Katherine Swift may, at any time, delete, modify or supplement the content of the site without prior notice. She also reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the site or the services, including, but not limited to, content, features or hours of availability. KMS Designs may also impose limits on certain features of the services or restrict your access to part or all of the site or the service without notice.

You agree that you will not use any automatic device or manual process to monitor or copy KMS Designs' web pages or the content contained herein. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the website infrastructure.

KMS Designs makes reasonable efforts to make its services and site available at all times. However, Katherine Swift is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.

These terms of service constitute a legally binding agreement between you and Katherine Swift until terminated by either party, which KMS Designs may do at any time, without notice. If you become dissatisfied with the services or the site in any way, your only recourse is to immediately discontinue use of the services.

These terms of service are made and shall be governed by and construed in accordance with the laws of the State of Florida, excluding its choice of law principles.

These terms of service were last revised on May 15, 2011.

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