WHAT PERSONAL INFORMATION DO WE GATHER?
When you visit this Web site, you may provide us with two types of information: personal information you knowingly and voluntarily choose to disclose, and information that we automatically collect as you browse this Web site.
On the ‘CONTACT’ screen of this Web site, you have an opportunity to provide your e mail address to receive communications from us or third parties.
INFORMATION COLLECTED & STORED AUTOMATTICALLY:
When you browse this Web site, you and your Web browser may also transmit information that we automatically collect. We may log your IP address (the Internet address of your computer), the Web pages you visit within our Web site, the time of your visit and other click-stream data, the type of computer you are using, and your operating system and browser. We may also place small data files, called "cookies", in the browser file of your computer's hard drive, which automatically identify your browser to our server whenever you interact with this Web site.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use your email address to communicate with you if and when necessary, to respond to your questions, or to send you material and information you request. We may also use your email to send you updates about our site or products, or to send you official newsletters.
We may use your automatically gathered personal information to personalize your web site experience and to allow us to deliver the type of content and product information in which you are most interested.
We may also use collected information in order to help diagnose problems with this Web site. We may use information we collect to analyze statistical use patterns and demographic data in order to improve this Web site to better serve our customers. We may also prepare and keep statistical records in a way that does not identify you or any other user personally. We may hire third parties to help us collect and analyze such data, and we may share such statistical data with third parties. Again, such statistical data will not specifically identify you or any other user. We use this information to help us make this Web site more useful to visitors -- to learn about the number of visitors to this Web site, what part of this Web site they are interested in, how long they use this Web site, and the types of technology our visitors use.
DISCLOSING YOUR PERSONAL INFORMATION TO OTHERS:
Except in the limited circumstances stated in this paragraph, we do not sell, rent, license, trade or otherwise disclose the personal information of this Web sites’ visitors to unaffiliated third parties. We may disclose your information to our affiliates or service providers who assist us in operating this Web site or conducting our business. We may also share such information among our subsidiaries and affiliates as necessary to provide you with the information and services you request or in which you may otherwise be interested. We may disclose information about you if and when we believe it is necessary to comply with any law, rule, court order, or subpoena, or to enforce our legal rights or the rules of this Web site, or to protect our business, property and operations, or in connection with a sale, acquisition, merger or other business combination of our business with a third party.
LINKS TO OTHER SITES:
Because we are committed to your privacy, we have put in place physical, electronic, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the personal information we collect online. When you submit your email address to us, we use a secure server. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk.
This Web site provides users the opportunity to opt-out of receiving communications from. You have the option of removing your information from our database, and to no longer receive communication from us. If you request your account information be deleted from our database, we may maintain information about individual sales transactions for the purpose of recordkeeping and servicing.
To opt out, you can send an e-mail to firstname.lastname@example.org, or you can send mail to the following postal address:
Kevin Reilly Collection, LLC
2039 West Wabansia Ave.
Chicago, IL 60647
Please note, due to e mail production schedules, you may receive an e-mail message from us after you have provided your opt-out notice.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. USE LISCENCE:
a. Permission is granted to temporarily download one copy of the materials (information or software) on Kevin Reilly Collection, LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or
- attempt to decompile or reverse engineer any software contained on Kevin Reilly, Inc.'s web
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated
by Kevin Reilly, Inc. at any time. Upon terminating your viewing of these materials or upon the termination
of this license, you must destroy any downloaded materials in your possession whether in electronic or
a. The materials on Kevin Reilly Collection, LLC's web site are provided "as is". Kevin Reilly Collection, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Kevin Reilly Collection, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Kevin Reilly Collection, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Kevin Reilly Collection, LLC's Internet site, even if Kevin Reilly Collection, LLC or a Kevin Reilly Collection, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. REVISIONS & ERRATA:
The materials appearing on Kevin Reilly Collection, LLC's web site could include technical, typographical, or photographic errors. Kevin Reilly Collection, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Kevin Reilly Collection, LLC may make changes to the materials contained on its web site at any time without notice. Kevin Reilly Collection, LLC does not, however, make any commitment to update the materials.
Kevin Reilly Collection, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kevin Reilly Collection, LLC of the site. Use of any such linked web site is at the user's own risk.
8. GOVERNING LAW:
Any claim relating to Kevin Reilly Collection, LLC's web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.
ORDER SUBJECT TO ACCEPTANCE :
All orders are subject to acceptance by the manufacturer of the Product Line ("Manufacturer"), at Manufacturer's designated location for acceptance of orders.
ENTIRE AGREEMENT :
ACCEPTANCE OF ORDERS IS BASED ON THE EXPRESS CONDITION THAT BUYER AGREES TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. ACCEPTANCE OF DELIVERY BY BUYER WILL CONSTITUTE BUYER'S ASSENT TO THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS REPRESENT THE COMPLETE AGREEMENT OF THE PARTIES, AND NO TERMS OR CONDITIONS IN ANY WAY ADDING TO, MODIFYING OR OTHERWISE CHANGING THE PROVISIONS STATED HEREIN SHALL BE BINDING UPON MANUFACTURER UNLESS MADE IN WRITING AND SIGNED AND APPROVED BY AN OFFICER OF MANUFACTURER. NO MODIFICATION OF ANY OF THESE TERMS WILL BE AFFECTED BY MANUFACTURER'S SHIPMENT OF GOODS FOLLOWING RECEIPT OF BUYER'S PURCHASE ORDER, SHIPPING REQUEST OR SIMILAR FORMS CONTAINING PRINTED TERMS AND CONDITIONS CONFLICTING OR INCONSISTENT WITH THE TERMS HEREIN.
PRICES AND TERMS :
A minimum deposit of fifty percent (50%) of the purchase price is required to initiate order fulfillment. Orders for in stock products require payment in full to initiate order fulfillment. All accounts shall be paid net when invoiced. A service charge of the lesser of 1 1/2% per month or the maximum permissible rate will be added to all accounts not paid within sixty (60) days from the date of invoice for final balance due. Orders must be paid in full, including shipping, handling, crating and packing.
STORAGE FEES :
Additional storage fees of 1% per month will be charged to store merchandise if not picked up within sixty (60) days from the date of invoice for final balance due.
CANCELLATION OF ORDERS :
ALL GOODS ARE CUSTOM MADE TO ORDER SPECIFICATIONS. ORDERS ARE NOT CANCELABLE AFTER TEN (10) WORKING DAYS, NOR RETURNABLE. CHANGES IN ORDERS, RETURNS OR CANCELLATIONS REQUIRE PRIOR WRITTEN APPROVAL FROM MANUFACTURER. SUCH ORDERS WILL BE SUBJECT TO CHANGE, CANCELLATION OR STOCKING FEES UP TO 50% OF THE NET SELLING PRICE.
RETURNS OR CANCELLATIONS ARE SUBJECT TO CANCELLATION FEES OR RESTOCKING FEES UP TO 25% OF THE SELLING PRICE. IN STOCK LIGHTING WILL NOT BE ACCEPTED AS A RETURN IF PRODUCT HAS BEEN INSTALLED, ALTERED OR DAMAGED IN ANY WAY.
FORCE MAJEURE :
All quoted completion and delivery dates are estimates only. Manufacturer shall not be liable for delays in completion or shipment or default in delivery for any reason of force majeure or for any cause beyond Manufacturer's reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Manufacturer's inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of Manufacturer or others, (e) fire, flood or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Manufacturer's performance due in whole or in part to any cause beyond Manufacturer's reasonable control, Manufacturer shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.
All taxes and excises of any nature whatsoever now or hereafter levied by international governmental authority custom duties, VAT either directly or indirectly, upon the sale or transportation of any goods covered, hereby shall be paid and borne by Buyer.
TITLE / RISK OF LOSS :
Delivery of goods to carrier shall be deemed delivery to Buyer, and thereupon title to such goods, and risk of loss or damage, shall be Buyer's. Any claim by Buyer against Manufacturer or carrier for shortage or damage occurring prior to such delivery must be made in writing within seventy-two (72) hours after receipt of shipment and accompanied by original transportation bill signed by the carrier noting that the carrier received the goods from Manufacturer in the conditions claimed. All deliveries are subject to the accompanying Freight Receiving Rules.
METHOD OF SHIPMENT :
Manufacturer will handle product shipments unless Buyer specifies shipment method. Any shipments returned to Manufacturer as a result of Buyer's unexcused delay or failure to accept delivery will require Buyer to pay all additional costs incurred by Manufacturer INCLUDING STORAGE FEES.
WARRANTY AND DISCLAIMER :
Except as specified herein, Manufacturer warrants that any goods sold hereunder will be free from defects in workmanship and materials for one (1) year. This warranty does not apply to damage or breakage resulting from misuse, accidents, abuse, neglect, mishandling or wear resulting from normal use. Defective products will be replaced within the normal production time period required to reorder and manufacture the same product.
Our metal finishes are applied by hand and may vary in color, tone and character. While Manufacturer will make every effort to match a finish, no guarantee can be made of an exact match. Manufacturer does not guarantee finishes against fading and oxidizing. Variations in color and veining are inherent and considered to be part of the natural beauty. Our products are handmade, and therefore are subject to slight variations.
THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS.
LIMITATION OF REMEDIES :
MANUFACTURER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES, DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE GOODS, OR FROM ANY OTHER CAUSE WITH RESPECT TO THE GOODS OR THIS AGREEMENT, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY. MANUFACTURER'S LIABILITY HEREUNDER IN ANY CASE IS EXPRESSLY LIMITED, AT MANUFACTURER'S ELECTION, TO REPAIR OR REPLACE (IN THE FORM ORIGINALLY ORDERED) OF GOODS NOT COMPLYING WITH THIS AGREEMENT, OR TO THE REPAYMENT OF, OR CREDITING BUYER WITH, AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH GOODS.
ANY CLAIM BY BUYER WITH REFERENCE TO THE GOODS SOLD HEREUNDER FOR ANY CAUSE SHALL BE DEEMED WAIVED BY BUYER UNLESS SUBMITTED TO MANUFACTURER IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE BUYER DISCOVERED, OR SHOULD HAVE DISCOVERED, ANY CLAIMED BREACH.
REMEDIES UPON DEFAULT :
Manufacturer requires payment for any shipment hereunder in advance. If Buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, Manufacturer may, at its option, cancel any unshipped portion of said order, retain the goods and declare a forfeiture of the deposit as liquidated damages. In the alternative, Manufacturer shall (in addition to other remedies available under any applicable Uniform Commercial Code or otherwise by law) have the right to appropriate and apply the goods to payment due hereunder. Manufacturer may proceed to sell or otherwise dispose of the goods at public or private sale for cash or credit; provided, however, that Buyer shall be credited with the proceeds of such sale only when the proceeds are received by Manufacturer. If any notification or intended disposition is required by law, such notification shall be deemed reasonably and properly given if mailed at least ten days before such disposition, postage prepaid, to Buyer at the Buyer's address set forth on the face side hereof. Any proceeds of the goods may be applied by Manufacturer to the payment of expenses and costs to exercise Manufacturer's rights hereunder, and any balance of such proceeds shall be applied against Buyer's account in such order as Manufacturer shall determine in its sole discretion. Buyer will remain liable for the balance of all unpaid accounts.
All of Manufacturer's drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the Manufacturer's catalogues, web site, prices lists or advertisements are close approximations only and intended to give a general description of the goods and shall not form part of this agreement. Our products are handmade, and therefore subject to slight variations. All sizes as indicated in the price list are within 1/2" variance.
Waiver by Manufacturer of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right at any subsequent time.
In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
CONTROLLING LAW :
This agreement shall be deemed to have been executed and delivered at Kevin Reilly Collection, LLC 2039 West Wabansia Avenue Chicago, IL 60647. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance shall be governed by the laws of the State of Illinois including the Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the principles of conflicts of law thereof. All disputes shall be filed in with the American Arbitration Association in Chicago Illinois and governed by the rules of AAA. All decisions made in the arbitration will be consider binding and an entry of judgment shall be deemed to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court having jurisdiction. (Attorney fees and cost shall be awarded to prevailing party.)