Terms of service

Terms of Service

OVERVIEW

This website located at https://shop-widnr.kramermadison.com/ (“Site”) is operated by Kramer Marketing, Inc. Throughout the Site, the terms “we”, “us” and “our” refer to Kramer Marketing, Inc. Kramer Marketing, Inc. offers this Site, including all products available for purchase, information, tools and services available from this Site (“Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, and/or purchasing something from us, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including the Privacy Policy, Shipping Policy, and Return & Refund Policy (collectively, the “Terms of Service”). These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

If you do not agree to these Terms of Service, the Privacy Policy, Shipping Policy, and Refund Policy, then you must immediately log off the Site and may not access the Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc.’s platform (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our Services to you. Any violation of Shopify’s terms of service shall also constitute a violation of these Terms of Service and may cause your Services to be terminated or temporarily suspended as determined in our sole discretion.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 - MODIFICATIONS TO THE SERVICES AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (including any part, content, or product) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services (including any product).

SECTION 5 – AVAILABILITY OF PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy (https://shop.kramermadison.com/policies/refund-policy).

We have made an effort to accurately display the colors and images of our products that are available for purchase through the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. You acknowledge and agree that all sales are final, subject to the Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, in our sole discretion. We may exercise this right on a case-by-case basis.

We also reserve the right to limit the quantities of any products or Services that we offer. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

Variations in print quality, color, alignment, or appearance that are reasonably within industry standards for digital printing shall not be deemed defects and are not eligible for return or refund.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION; PAYMENT

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 customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to (but are not obligated to) notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our Site. You agree to promptly update your account and other information, including your email address, credit card numbers, billing address, and expiration dates, so that we may complete your transactions and contact you as needed.

You hereby authorize us and any third-party payment provider that we may engage to process payments from time to time, to charge your credit card and/or debit card, for any products or Services you purchase through your use of this Site. You represent and warrant that you have the authority to use any credit and/or debit card for payment of any products or Services ordered by you. Unless otherwise specified in the Return Policy, any amounts paid to us will be nonrefundable.

The Customer is solely responsible for the accuracy of all information provided during checkout, including shipping addresses, contact information, and personalization details. Errors arising from Customer-provided information shall not be grounds for refunds, replacements, or cancellations.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Kramer Marketing, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Without limiting the foregoing, the Company shall not be liable for minor variations in product appearance that are inherent to on-demand digital printing processes.

SECTION 16 – TERMINATION

The obligations and liabilities (including payment of any open orders) of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site, whichever occurs first.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, your authorization to use this Site will automatically terminate and you must immediately discontinue use of this Site. We may also temporarily suspend, or terminate your authorization to use the Site and our Services (or any part thereof), without notice, upon suspicion of any breach of these Terms of Service.

Notwithstanding termination, the provisions concerning intellectual property, indemnification, warranty disclaimers, limitation of liability, governing law, and survival of obligations shall remain in full force and effect.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Wisconsin without regard to conflict of laws principles to the fullest extent allowed by law. Any dispute under this Agreement shall be resolved in a court of general jurisdiction in Dane County, Wisconsin. Your use of the Site constitutes consent to the exclusive personal jurisdiction for purposes of resolving any dispute arising out of these Terms of Service.

To the fullest extent permitted by law, you agree to waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

SECTION 21 - CONFIDENTIALITY

You are responsible for maintaining the confidentiality of your login credentials, payment information, and other sensitive account data. We disclaim any liability for unauthorized access resulting from your failure to protect such information, subject to our Privacy Policy.