CONTACT FAQ
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TERMS OF USE

By visiting, shopping or signing into this website (the “Website”), you, the Website visitor (“You”) signify Your acceptance of these terms of use (the “Terms of Use”).  If You do not agree to all of the Terms of Use, then immediately discontinue Your use of the Website.  This Website and its design, text, graphics, and the selection and arrangement thereof, is Copyright © 2007 Graham Kandiah LLC (“Graham Kandiah”).  ALL RIGHTS RESERVED.

Graham Kandiah may, in its sole discretion, revise these Terms of Use at any time; therefore, You should visit this page periodically to review the Terms of Use.  Your use of the Website following any amendment of these Terms of Use will signify your acceptance of such revised terms.

PRIVACY
At Graham Kandiah, your privacy is important to us.  Any information we gather, whether voluntarily provided by You or automatically collected by us during Your use of the Website, may be used for marketing purposes to You and for our internal business purposes, but will not be sold to third parties unless You have expressly requested information about a specific vendor or service identified on our Website (or in the event that Graham Kandiah itself were sold, in which event Your information would be included in the assets of the company but would, in any event, be covered by terms at least as protective as those specified in these Terms of Use).

We will also use such information to process and fulfill Your purchases through the Website, to contact you regarding any questions or issues with Your order, and will put You on our mailing list to receive future marketing materials from us.  If, at any point in the future You decide You no longer wish to be on our mailing list, simply email us at customer service@grahamkandiah.com and put “Remove from mailing list” in the subject line.

As an example of some of the information we collect when You visit our Website, we may automatically collect certain non-identifying information about You, such as the type of browser, computer operating system You use, or the domain name of the Website from which You linked to us.  In addition, we may store some information on your computer’s hard drive as a “cookie” or similar type of file. We use this information internally, to help us enhance the efficiency and usefulness of the Website and to improve customer service.  If You object to this, please consult your Browser’s documentation for information on erasing or blocking cookies.

Notwithstanding anything in these Terms of Use to the contrary, we reserve the right to disclose any information in our possession if we are required to do so by law, or we believe, in good faith, that such a disclosure is necessary to comply with the law, defend our rights or property, or to respond to an emergency situation.

AUTHORIZED USE OF WEBSITE
You are hereby granted permission to use the Website, so long as: (i) Your use of the Website is solely for your personal, noncommercial use; (ii) You will not copy or distribute any part of the Website in any medium without Graham Kandiah’s prior written authorization; (iii) You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

ACCOUNTS
In order to access some features of the Website, You will have to create an account. You may never use another person’s account without permission.  When creating Your account, You must provide accurate and complete information.  You are solely responsible for the activity that occurs on your account, and you must keep Your account password secure.  You must notify Graham Kandiah immediately of any breach of security or unauthorized use of your account. You may be liable for the losses of Graham Kandiah or others due to such unauthorized use.  In no event will Graham Kandiah be liable for any person’s losses caused by any unauthorized use of Your account.

FOR RETAIL RETURNS:
Retail Returns to Graham Kandiah must be made within 15 days from the date of delivery.  Holiday returns must be received by January 18th, 2008 in perfect condition with all tags attached.

To return or exchange all retail merchandise:
Please enclose your packing slip (noting the reason for return and the action you wish taken).
Please ship prepaid and insured to:

GRAHAM KANDIAH
c/o L.I. Cutting
43 Drexel Drive
Bay Shore, NY 11706
ATTN: ONLINE RETURNS
631.951.3711 

Note To Stores:  Any Wholesale Returns must be made immediately upon receipt of goods after calling the Graham Kandiah offices to obtain an RA number.

USER SUBMISSIONS
Graham Kandiah welcomes Your comments on our Website. However, You acknowledge that if You send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Information”), the Information shall be deemed to be, and shall remain Graham Kandiah’s property.  By submission of any Information to us, You assign to us and we shall exclusively own all rights of every kind to such Information throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to You.

As a user of this Website, You are responsible for own Your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.

Graham Kandiah reserves the right to terminate Your account and prevent Your further access to this Website for violating these Terms of Use or the law and reserves the right to remove any communications from this Website.  Any violation of the Terms of Use shall result in the immediate revocation of Your license to use the Website.

DISCLAIMER; LIMITATION OF DAMAGES AND LIABILITY
Although Graham Kandiah strives for accuracy in the Website, it may contain inaccuracies or typographical or other errors.  Additionally, while users of this Website are bound by these Terms of Use not to submit false material, Graham Kandiah cannot be responsible for the violation of these terms by users, or for the reliance by users upon false or misleading material submitted by other users.  Graham Kandiah makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Website or about the results to be obtained from using the Website. You use the Website and its material at Your own risk.

GRAHAM KANDIAH DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL.  IF YOUR USE OF THE WEBSITE OR THE SITE’S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GRAHAM KANDIAH SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

 

THIS WEBSITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GRAHAM KANDIAH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  ALTHOUGH GRAHAM KANDIAH STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

IN NO EVENT SHALL GRAHAM KANDIAH, ITS AFFILIATES, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE, OUR PRODUCTS OR SERVICES, MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRAHAM KANDIAH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

PRICING
With respect to items purchased via the Website, Graham Kandiah cannot confirm the price of an item until you place an order through the Website.  Despite our efforts, a small number of items available on the Website may be mispriced.  If an item’s correct price is higher than our stated price, we will, at our discretion, either contact You for instructions before shipping or cancel Your order and notify You of such cancellation. 

LINKS
This Website contains links to websites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by Graham Kandiah of the contents on those other sites.  Graham Kandiah is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Website, You do so at your own risk.

INDEMNITY
By using this Website, You agree to defend, indemnify, and hold harmless Graham Kandiah, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Graham Kandiah may become obligated to pay arising or resulting from your use of the Website or your breach of these Terms of Use. Graham Kandiah reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim. 

MISCELLANEOUS
This Website originates from New York, NY. Graham Kandiah does not claim that the Website is appropriate or may be used outside of the United States.  If You access the Website from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles.  You agree to submit to the sole and exclusive jurisdiction of the federal and state courts situated in the U.S. Southern District of New York with respect to any dispute, disagreement, or cause of action related to or involving this Website.  If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Website, these Terms of Use constitute the entire agreement between You and Graham Kandiah with respect to your use of this Website.

 

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TERMS © 2007 Graham Kandiah LLC. All rights reserved
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