Terms & Conditions
These terms and conditions apply to the access and use of the KandyHomeGoods.com website, as well as all other websites, mobile sites, services, applications, platforms, and other tools where these terms appear or are referenced, or for which no separate terms are provided. These terms also apply to your visits to or interactions with KandyHomeGoods in any of its stores or elsewhere. By using the Site, you agree to be bound by these terms. If you do not accept these terms, please do not use the Site.
Please note that these terms contain an arbitration provision. Please review the Arbitration section for details.
Who We Are
For the purposes of these Terms and the Site, "KandyHomeGoods.com," "KandyHomeGoods," "Site," "we," and "us" refer to Kandy Home Goods, a company headquartered at 423 7th St, Oakland, California 94607, USA. If you have any questions about these Terms, the Privacy Policy, or the Site, please do not hesitate to contact us via the customer service information provided on the Site.
Modifications of Terms & Conditions
Please be advised that Kandy Home Goods reserves the right to make changes or updates to these Terms and Conditions at any time. Such updates may be communicated to you in writing via the last address you provided, email, posting on the Site, or any other reasonable method of communication. Kandy Home Goods also reserves the right to modify or update the Privacy Policy in the same manner. Your continued use of the Site constitutes your acceptance of any modifications or updates to these Terms and Conditions.
Eligibility
It is a requirement that all users of the Web Site or our mobile applications must be at least 13 years old. For users who are considered minors (under the age of majority in their state of residence), a parent or legal guardian must agree to these Terms and Conditions on their behalf. Additionally, access and use of the Web Site and our mobile applications by minors is only allowed with explicit permission from their parent or legal guardian.
Your Kandy Home Goods Account(s)
To access certain services or areas of the Site, you may be required to register with us. Our Privacy Policy outlines how we handle and use your information. When you create an account, your username and password are for your personal use only. You are solely responsible for maintaining the confidentiality of your account information, including your password, and restricting access to your account. You agree to assume liability for any and all activities that occur under your account or password. We reserve the right to terminate your account, refuse service, or cancel orders at our discretion, in addition to any other rights we may have.
Shipping Policy
Our standard operating procedure entails prompt shipment of orders within 24 hours of payment processing. It is important to note that the 24-hour time frame does not incorporate the duration between placing the order and payment processing.
Disclaimer: Please be advised that shipping times may experience delays owing to public holidays or unpredictable weather conditions.
Returns/ Refunds
At Kandy Home Goods, we are committed to ensuring that our customers receive their orders in a timely and satisfactory manner. To this end, we have partnered with Route, a trusted shipping insurance provider, to safeguard against the loss, theft, or damage of merchandise during transit. Please note that opting for Route insurance coverage is available to you at checkout and is completely optional.
However, please be advised that if you choose to decline Route insurance coverage, Kandy Home Goods will not be liable for any lost, stolen, or damaged packages. By opting out of insurance coverage, you acknowledge that Kandy Home Goods cannot provide any refund or replacement for such incidents. As a valued customer of Kandy Home Goods, we kindly ask that you carefully review and agree to our shipping policies before making any purchase.
We take pride in providing our customers with products that meet their desired specifications. If you have any queries regarding the size, shape, color, or other features of any item in our Kandy Home Goods collection, our dedicated customer service team is available to assist you. Please feel free to email us at customerservice@kandyhomegoods.com, and we will be happy to address any concerns or questions you may have.
We strive to ensure that our customers receive the products they intentionally sought out to purchase from Kandy Home Goods. To this end, we encourage customers who are unsure about a specific product to reach out to us before making a purchase to ensure complete satisfaction and avoid any potential buyer's remorse.
Please note that as our merchandise is often personalized to your specifications, all sales are final, and returns cannot be accepted. We apologize for any inconvenience this may cause and appreciate your understanding in this matter. Once again, we value your business and are committed to ensuring that you receive the best possible experience with Kandy Home Goods.
Intellectual Property
The content and materials on the Site, including photographs, images, text, data, graphics, icons, characters, artwork, page layout, form, music, sound, messages, software, and code used to generate the pages (collectively, "Materials"), are the property of Kandy Home Goods, its authorized suppliers or licensors and are protected by applicable intellectual property and other laws in the United States and/or abroad. Kandy Home Goods' intellectual property is registered both in the United States and internationally. Unless otherwise provided on the Site or in these Terms, you are not permitted to download, upload, copy, print, display, reproduce, publish, license, post, distribute or use any Materials from the Site, in whole or in part, for any public or commercial purposes without the prior written permission of Kandy Home Goods.
Kandy Home Goods is the owner and/or authorized user of the Kandy Home Goods brand, and any other registered or unregistered trademarks, trade names, logos, designs, titles and product names displayed on the Site. Furthermore, Kandy Home Goods is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. Any unauthorized use of our names, trademarks or any "hidden text" utilizing them is strictly prohibited without our express written consent.
Use of Our Website
We take the conduct of our users seriously and strive to ensure a positive, safe, and useful user experience. In order to promote this, we have established certain guidelines which prohibit conduct that may be harmful to other users or to our company. By using the Site, you agree to comply with all applicable laws and regulations, and to refrain from violating, infringing, or misappropriating any intellectual property, privacy, publicity, or other legal rights of other individuals or entities.
You are prohibited from posting or sharing any illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable content on the Site. Additionally, you may not engage in spidering, harvesting, or any other means of collecting data from the Site, nor transmit any viruses or other computer instructions intended to disrupt or damage the Site or any related systems.
You must not attempt to circumvent any technological measures implemented by us, any of our providers, or any other third party, including other users, to protect the Site. Furthermore, you may not attempt to decipher, decompile, disassemble, or reverse engineer any of the software or underlying code used to provide the Site. You must not advocate, encourage, or assist any third party in engaging in any of the prohibited conduct described above.
Please note that we reserve the right to take appropriate action against any user who violates these guidelines, including terminating their account, blocking their access to the site, or pursuing legal action, as necessary.
User Content
It is important to note that you are solely responsible for any User Content that you upload, submit, store, send or receive through the Site. This means that you are solely responsible for any consequences that may arise from your User Content, including any harm or damage caused to third parties. Kandy Home Goods assumes no responsibility for the User Content posted on the Site, and does not endorse any User Content or any opinion, recommendation or advice expressed therein.
If you believe that any User Content on the Site infringes your intellectual property rights or is otherwise unlawful, you may request that it be removed by contacting us through the contact information provided on the Site. We reserve the right to remove any User Content that we believe violates these Terms, at our sole discretion and without notice.
Finally, please note that the Site may contain links to third-party websites or resources that are not owned or controlled by Kandy Home Goods. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Site, you do so at your own risk and you agree that Kandy Home Goods will have no liability arising from your use of or access to any third-party website, service, or content.
Copyright Policy
We take copyright infringement seriously and comply with the U.S. Digital Millennium Copyright Act. If you believe that any content on the Site violates your copyright, you can send a written notice to our Designated Agent with the following information: your contact information, a description of the copyrighted work you believe has been infringed, the location of the infringing material on the Site, a statement that you have a good faith belief that the use is not authorized, and a statement that the information in your notice is accurate and you are the copyright owner or authorized to act on behalf of the copyright owner.
If you believe that the content that was removed or disabled is not infringing, or that you have the right to post and use such content, you can send a counter-notification to our Designated Agent with your contact information, a description of the content that was removed, a statement that you have a good faith belief that the content was removed as a result of a mistake or misidentification, and your consent to the jurisdiction of the federal court in San Francisco, California.
If we receive your counter-notification, we will forward it to the original claimant. If the claimant notifies us within 10 days that they have filed a court action to restrain you from engaging in infringing activity, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material. Please note that by submitting a counter-notification, you consent to having your personal information revealed to the original claimant.
Open Source Components
The site may contain certain open source components that are subject to applicable open source licenses. If you use any of these open source components, you are bound by the terms and conditions of the applicable open source license.
Hyperlinks of Other Sites
If our site includes hyperlinks to outside services and resources, Kandy Home Goods does not control their availability or content. Therefore, any concerns regarding these services or resources, or any hyperlink to them, should be directed to the particular outside service or resource.
DISCLAIMER
The contents of this website, as well as all its available features, are offered on an "as is" and "as available" basis, without any express or implied warranties. Kandy Home Goods and its affiliates disclaim any liability for damages that may result from the use of the site, including but not limited to, damages arising from errors or inaccuracies of content, unauthorized access to personal information or user data, interruption of transmission to or from the site, or the transmission of viruses or other malicious software.
Furthermore, Kandy Home Goods and its affiliates make no representations or warranties regarding the accuracy or completeness of the site's content, or the content of any other online services linked to or integrated with the site. To the fullest extent permitted by applicable law, Kandy Home Goods and its affiliates shall not be held liable for any indirect, special, incidental, punitive, or consequential damages arising from the use of the site or its mobile applications, regardless of the cause of action or theory of liability brought forth.
While some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages, Kandy Home Goods and its affiliates strive to comply with all applicable laws and regulations. In instances where applicable law prohibits the disclaimer of warranties or limits on liability, the scope and duration of such warranties and the extent of liability will be the minimum permitted under such laws.
Product Pricing Information
Please note that the prices featured on our site may differ from the prices available in our stores or catalogs, and our pricing may vary between different store locations. If you are accessing our site from within the United States or Canada, the prices displayed on the site will be shown in U.S. Dollars. However, if you are accessing our site from outside of these regions, the prices displayed will generally be shown in the local currency. Additionally, please be aware that the prices displayed in our printed catalogs are quoted in U.S. Dollars and are only valid and effective within the United States.
For full-priced products, the term "Suggested Price" or "Sugg. Price" refers to the manufacturer's suggested retail price, while "Our Price" denotes the everyday value price we offer to our customers. For products on sale (indicated by pricing in red), "Suggested Price" or "Sugg. Price" refers to the most recent selling price, and "Sale" designates the reduced price that we are currently offering to our customers.
Special Offers
At times, we provide exclusive promotions to our valued customers, which we commonly refer to as "special offers" or "special offer". These promotions may include incentives such as complimentary gifts with purchase, free shipping, manufacturer offers, or other types of promotional activities linked with a product purchase. It's important to note that these offers may only be available for a limited period of time.
Text Message / SMS Terms
The Service offered by Kandy Home Goods provides customers with mobile alerts about order and shipping updates, as well as marketing messages about events, new products, and other offers by SMS message. By enrolling in the Service, customers agree to the Terms and Privacy Policy.
To sign up for the Service, customers must provide their mobile phone number and agree to the terms and conditions. Enrollment is not permitted for individuals under 18 years old (except in Alabama and Nebraska, where it is not permitted for those under 19 years old). Customers must verify their mobile phone number by responding to a text message to their mobile phone that confirms their choice to opt-in to the Service and their agreement to the Terms. Kandy Home Goods reserves the right to stop offering the Service at any time, with or without notice.
By opting into the Service, customers authorize Kandy Home Goods to use an autodialer or non-autodialer technology to send text messages to the mobile phone number associated with their opt-in. Customers acknowledge that they do not have to agree to receive messages as a condition of purchase and confirm that they are the subscriber to the relevant phone number or the customary user of that number on a family or business plan, and that they are authorized to opt in. Customers also consent to the use of an electronic record to document their opt-in.
Once customers have opted into the Service, the frequency of messages may vary. Customers may receive alerts about order placement, delivery, and shipment, as well as marketing and promotional messages. Message and data rates may apply, and customers are responsible for any charges incurred as a result of using the Service.
Supported carriers include AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. Kandy Home Goods may add or remove any wireless carrier from the Service at any time without notice.
To stop receiving text messages from Kandy Home Goods, customers can email customerservice@kandyhomegoods.com or reply STOP to any of the text messages they have received. Customers must provide the requested clarification if their opt-out request generates a texted request to clarify the text message program to which it applies. The text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command.
Customers can text HELP for help at any time and contact Kandy Home Goods at 510.603.7564. In the event that customers change or deactivate their mobile phone number, they must notify Kandy Home Goods by emailing customerservice@kandyhomegoods.com or calling 1.510.603.7564.
Inaccuracy Disclaimer
This statement from Kandy Home Goods informs customers that there may be errors or inaccuracies in the product descriptions, pricing, and availability on their website or catalog. Kandy Home Goods reserves the right to correct any errors, inaccuracies, or omissions, and update information at any time without prior notice. If a customer discovers an error or inaccuracy after placing an order, they are encouraged to contact Kandy Home Goods to cancel or return the order. This statement shows that Kandy Home Goods takes responsibility for correcting any errors that may occur and aims to provide accurate and updated information to its customers.
Browsing Session Data
We employ advanced technological solutions that allow us to maintain a comprehensive record of your browsing activity. This information is leveraged for a multitude of purposes, including but not limited to quality control, customer service, fraud prevention and security, and marketing endeavors. Our advanced technology enables us to analyze and utilize this information in a manner that provides us with valuable insights into customer preferences, trends, and behavior. We are committed to leveraging this data in a responsible and ethical manner that respects your privacy and confidentiality.
Indemnification
To the extent permitted by applicable law, you hereby agree to indemnify and hold Kandy Home Goods and its Affiliates harmless against any and all claims, costs, proceedings, demands, losses, damages, and expenses of any kind or nature, including reasonable attorney's fees and legal costs, arising from or related to any actual or alleged breach of these terms by you or anyone using your account. In the event that we assume the defense of any such matter, you agree to reasonably cooperate with us in such defense.
Information Dispute Resolution
At Kandy Home Goods, we strive to maintain positive relationships with our customers and address any disputes in an efficient and fair manner. In the event that you have any disagreement or dispute with us, we encourage you to first attempt to settle the matter in good faith through an informal dispute resolution process. You can initiate this process by providing us with a written notice, including relevant documentation, describing the facts of the dispute. We will respond to your notice within thirty (30) days.
Please send any notices to our mailing address: Kandy Home Goods 423 7TH ST, Oakland, California 94607, USA, Attention: Legal Department. We will send any dispute related notice to the contact information we have for you. This informal dispute resolution process is mandatory and must be fulfilled before any formal dispute resolution proceeding, such as an arbitration or small claims court proceeding, can be initiated. By engaging in this process, we aim to avoid the need for a formal legal case and reach a satisfactory resolution for both parties.
Waiver of Certain Rights & Arbitration Agreement
Kandy Home Goods and the undersigned hereby agree that, with the exception of certain circumstances outlined herein, any controversies, claims, counterclaims, or other disputes between the parties (a "Claim") shall be resolved through final and binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This arbitration agreement applies to any Claims that have not been individually filed in a court of law prior to the date of agreement to these Terms. The parties agree to waive their right to a jury trial of any Claim.
The arbitration will be heard and determined by a single arbitrator, and the arbitrator's decision will be final and binding upon the parties, enforceable in any court of competent jurisdiction. The parties agree to keep the arbitration proceedings confidential, and not to disclose any element of it beyond the arbitration proceedings, except as lawfully required in judicial proceedings relating to the arbitration, or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
To initiate an arbitration proceeding, the undersigned must send an individual letter signed by them requesting arbitration and describing their claim to Kandy Home Goods at the specified address at least five (5) days prior to initiating an arbitration proceeding against the company.
This arbitration agreement does not preclude the parties from seeking action by federal, state, or local government agencies, nor does it prevent them from applying to any court of competent jurisdiction for provisional relief.
Neither party may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be brought in arbitration on a class, consolidated, or representative basis. The arbitrator may only decide individual Claims and may not consolidate or join the claims of other persons or parties who may be similarly situated without prior written consent of the parties.
If any provision of this Section is found to be invalid or unenforceable, the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section shall be effective or enforceable unless recorded in writing and signed by the party waiving such a right or requirement. This Section shall survive the termination of the parties' relationship.
By agreeing to these Terms, the parties are limiting certain rights, including the right to maintain a court action, the right to a jury trial, and the right to participate in any form of class action.
Other Provisions
All actions pertaining to the usage of the Kandy Home Goods website, mobile applications, catalogs or any transaction with the company shall be brought forth in the state or federal courts located in the County of San Francisco, California, unless otherwise stated herein. You hereby consent and subject yourself to the personal jurisdiction of said courts for any such legal action. These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of California, without giving effect to any rules or provisions on conflicts of laws.
We shall not be held liable for any delay or failure in performance, whether in whole or in part, due to acts of nature or any other causes beyond our reasonable control.
If any provision of these Terms is deemed unlawful or unenforceable, it shall be deemed severable from these Terms and shall not affect the enforceability of the remaining provisions.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and such right or provision shall remain enforceable in the future.
We reserve the right to assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Accessibility
At Kandy Home Goods, we place great importance on ensuring that our website content is easily accessible and user-friendly. In the event that you encounter any difficulty viewing our site or navigating it, we invite you to contact our dedicated Customer Service Team, who will be pleased to assist you promptly. You may reach us toll-free at 1.510.603.7564 or by email at customerservice@kandyhomegoods.com Our team is committed to addressing any concerns you may have and helping you to make the most of your experience on our site.
Last updated May 12, 2023