Terms and Conditions

 GENERAL TERMS & CONDITIONS & CONSUMER NOTES

  1. General Terms of Use

Please read carefully the Terms and Conditions (“Terms and Conditions”). By entering and using this website you agree to be bound by the Terms and Conditions hereby described. If you, in any form or shape, directly or indirectly, totally or in part, do not agree with this website‘s Terms and Conditions, please do not use it or make any purchase from it. By continuing to use this website and making any purchase from it, you understand and accept the fact that the Terms and Conditions herein are a bounding contract between you and Kat Florence Co LTD („Kat Florence“,“We“, „KF“ or „Us“ or „Our“). If you do not agree to these Terms and Conditions, you are not authorized to use Our Site.

Kat Florence reserves the right to modify, change and replace any or all of the conditions contained within the Terms and Conditions herein, at its sole discretion, no prior or explicit announcement being needed, except for the local publication on the www.katflorenceatelier.com website.

  1. Who www.katflorenceatelier.com and Kat Florence Co LTD are:

www.katflorenceatelier.com is a website owned and operated by Kat Florence Co LTD. 8 Sukhumvit 42 Road, Bangkok 10110

  1. Accessing www.katflorenceatelier.com website

Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services We provide on Our Site (the „Services “) without notice. We will not be liable if for any reason Our site is unavailable at any time or for any period, as we will not be liable if you cannot access or use any of the services provided on our website.

We have the right to restrict access to some parts of Our Site, or Our entire Site, to users who have registered with Us, or to limit the access and usage of users on a „limit per use“of our services, or for any other reason, without any notice.

When signing in on Our Site, you may be asked to choose, or you are going to be provided with, a user identification code, a password or any other piece of information as part of Our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms and Conditions.

We cannot be liable in any way for any possible financial loss you may encounter as a result of your mishandling of such security code or any confidential information needed to log in onto Our Site.

You are responsible to make sure that all persons who access Our Site from your internet connection or using your internet connection means (laptop, computer, tablet, web-enabled phone or any similar software or hardware) are aware of these Terms and Conditions, and that they com- ply with them.

By accessing our website, you understand and agree that any possible claim, litigation or, for that matter, any situation regarding a legal representation shall be carried and interpreted under the laws of Thailand. Nevertheless, if you access the online shopping mechanism on our website or place any orders (including by telephone or otherwise) for goods or services on our website, you agree to be bound by Kat Florence, General Terms and Conditions (GTC) and Consumer Notes. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material, even if this material is may be advertised as “up to date“ in third party interviews, written or online media as well as TV or radio broadcasts.

  1. Intellectual property rights and usage

We hold ownership rights or valid license for usage of all intellectual property in Our Site, and the whole material published on it including all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on Our Site (“Content“), as well as the general design and feel of the Site. All those works, including but not limited to the general look, videos and live feeds that may be dis- played on Our Site are protected by local or international copyright laws and treaties and all such rights are reserved.

Subject to the present Terms and Conditions, you may print off one copy and may download extracts of any page(s) from Our Site, provided that such is intended for personal use and is not going to be modified and/or re-used for publishing or display without Our written consent.

However, you must not use any part of the Content and/or materials on Our Site for commercial purposes without obtaining a license to do so from Us or our Licensors.

Any usage, print off, copy or download any part of Our Site in breach of these Terms and Conditions, will immediately and effectively lead to the cease of right to use Our Site and you must, at Our option, return or destroy any copies of the materials you have made.

Kat Florence TM is a protected by various international laws and treaties as a trademark.

  1. Our liability

All content displayed on Our Site is provided by Us on an “as is“ bases, without any guarantees, endorsement or warranties about its accuracy to the extent permitted by the law.

By accessing and using Our Site, you acknowledge, understand and agree that We as well as any company, individual or entity affiliated with Us, or any third party connected with Us, are expressly excluded from any liability for any direct or indirect loss, damage or harm incurred by any user in connection with Our Site or in connection with the use, limited use, inability to use Our Site, any links, materials or services posted or provided on it. The liability exclusion shall include but not be limited to: any loss of income, business, revenue, predicted or expected savings, data, goodwill, profits, contacts, personal or business connections as well as any social status or consideration;

Our Site, including, without any limitation, all content, materials, services and information it is offered strictly on “as is“ and/or on “as available“ bases, and without any warranty. Therefore, even if we try to keep all our representations and statements as accurate and updated as possible we do not warrant that the content, functions and services on our website will be always uninterrupted, timely, secure or error free or that any possible down time or errors can be corrected in any specific amount of time. We make no representations that Our Site will meet or fulfill all users‘ requirements or expectations and no material obtained by you through Our Site shall create any warranty or be bounding except as specifically expressed herein. By accessing Our Site you understand and agree that in case of dissatisfaction with Our Site your sole legal remedy is to dis- continue using Our Site.

  1. Transactions concluded through Our Site

All products or services presented and offered through Our Site are offered by Kat Florence Co LTD.

  1. Disclosure, personal information, etc

We process information about you in accordance with Our Privacy Policy. By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate. By accessing www.katflorenceatelier.com website you agree you submit your personal data to Kat Florence and help Kat Florence offer you better services by collecting and storing some personal data. All data collected in such fashion will be the sole property of Kat Florence.

If required by law or by a court order, or otherwise under good faith advisement, we may disclose your personal information. Additionally, we may disclose your personal information in accordance with our Privacy Policy.

  1. www.katflorenceatelier.com Return Policy
  2. a) General provisions

You may return any online purchase, for a refund or exchange, by clearly informing of your intention to do so, in writing, within thirty (30) calendar day from the date of delivery.

All returns must include the original sale receipt that was delivered with your product and be returned in original packaging.

All returns and exchanges are subject to quality inspection before the return or exchange is accepted. Any item with obvious signs of wear, alteration (including resizing) and damage will not qualify for return or exchange.

 

  1. b) Returns Procedure

After receiving your written request for return or exchange, Malca Amit will pick up the item(s) from your location and ship them to Us, for quality inspection.

Following the quality inspection, We will refund you for the Price, within 30 days after the inspection date. The Price to be refunded is free of any customs duties, taxes and shipment costs.

We will only refund to the same credit/debit card used to purchase from Our website, or, in case of bank transfer, to the same bank account used for payment.

  1. Payments for goods and services on www.katflorenceatelier.com

All products or services presented and offered through Our Site are offered by Kat Florence Co Ltd. The prices, presented on Our website (‘Price”) are net, indicated in US dollars or EUR, excluding taxes and shipping costs, which will be collected by Kat Florence and paid to the relevant tax or customs authority, depending on your country of residence and local legal requirements of your country or state.

Kat Florence reserves the right to change its price policy, and you will be charged at the price displayed on our website by the time of your purchase. You will be required to pay for the purchase, at the time when you order from our website.

Products ordered on our website will remain Kat Florence’s propriety until full payment is received and Kat Florence will retain title and security interest in such products until fully paid.

  1. Shipping and handling

All products presented and offered through Our Site are shipped directly to your home and delivered by fully insured currier. Kat Florence will make all efforts to deliver the goods to you in the speediest manner. However, from time to time, due to technical or logistical issues, your order can be delivered in several shipments – in this case your order will still be paid in one transaction.

We will deliver only to the address initially registered for your order, and used to calculate shipping, insurance and taxes for your order.

  1. Jurisdiction and applicable law

The laws of Thailand without regard to their conflict of law provisions govern the present Terms and Conditions, all and any legal relation(s) that may occur from your use of Our Site. You agree that any cause of action that may arise under the present Terms and Conditions will be brought in the appropriate court in Thailand and you agree to submit to the personal and exclusive jurisdiction of the courts located in the Kingdom of Thailand. By using Our Site, you waive out your right to go for any cause of action in any other jurisdiction except for Kingdom of Thailand and, in case or any conflict of law provisions that may grant you such a right regardless of the provisions displayed herein, you waive out your right to enforce or domesticate in Thailand any and all foreign judgment(s) you may get by applying to any foreign court. 11. Miscellaneous

The present Terms and Conditions contain the entire agreement between Us and You related to the subject matter hereof and supersedes any and all prior versions. Any modification by Us of the present Terms and Conditions shall be valid and enforceable immediately after its publication on Our Site.

The invalidity or un-enforceability of any provision(s) herein published shall not affect the validity or enforceability of any other provision of the present Terms and Conditions. In place of the invalid or unenforceable provision, a valid provision is presumed to be agreed upon which is eco- nomically closest to the provision actually agreed upon. This shall also apply in case of an omission.

No officer, employee or representative of Us has any authority to make any representation, warranty or agreement not contained or in conflict with the provisions of the present Terms and Conditions, and you agree that you don‘t access and use Our Site in reliance upon any representation, warranty or agreement not expressly set forth in here.

It is understood that you have read and understand the present Terms and Conditions and have had the opportunity to consult with counsel and/or personal representatives with respect hereto.

We will not be liable for any nonperformance or delay in performance caused by any act beyond Our reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

The headings and captions in the present Terms and Conditions are in- tended for convenience only and shall in no way affect the interpretation of the said terms and conditions in any manner.

  1. Kat Florence Privacy Policy

Introduction
Kat Florence takes your right to privacy seriously and want you to feel comfortable using our web site and the Kat Florence service. This Privacy Policy deals with personally identifiable information (referred to as „Data“ below) that may be collected by us on our site. This Policy does not apply to other entities that we do not own or control or persons that are not our employees, agents or within our control.

Collection of Data
Should registration be required, the process requires only a valid e-mail address or a unique user ID and password. Providing us with other information is at your option. Please take note that your user name, e-mail ad- dress, or other submissions that you make on this site may contain your real name or other personally identifiable information and, as a result, may appear on this site. Like many web sites and web-based services, we may also automatically receive general information that is contained in our server log files such as your IP address and cookie information. Under no circumstances will data be sold, rented or by other means disclosed to a third party or made public.

Use of Data
We may use Data to customize and improve your user experience on this site. We will make efforts so that your Data will not be provided to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data; (iii) a service provided on our site requires the interaction with or is provided by a third party, by way of example an Application Service Provider; (iv) pursuant to legal process or law enforcement; (v) we find that your use of this site violates our this Policy, Terms of Use, other usage guidelines or as deemed reasonably necessary by us to protect our legal rights and/or property; (vi) or (vi) this site is purchased by a third party whereby that third party will be able to use the Data in the

same manner as we can as set forth in this Policy. In the event you choo- se to use links that appear on our site to visit other web sites, you are advised to read the privacy policies that appear on those sites. We are not responsible for the content of the websites visited through the links.

Cookies
Like many web sites, we may set and use cookies to enhance your user experience, such as retaining your personal settings. Advertisements may appear on our web site and, if so, may set and access cookies on your computer and is subject to the Privacy Policy of those parties providing the advertisement. However, the companies serving the advertising do not have access to our cookies. These companies usually use non-personally identifiable or anonymous codes to obtain information about your visits to our site.

We may use cookies (including through Google Analytics), web beacons (also known as “tracking pixels“) and other tracking technologies to collect information about you when you interact with our Site or emails, including information about your browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our Site and your online experience, understanding which areas and features of our Site are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for other internal business purposes.

Advertising & Analytics Services; Use of Flash Files
We engage third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of our Site, such as your IP address, web browser, pages vie- wed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Site and other websites and better understand your online or offline activity. We may also work with third parties to serve ads to you as part of a customized campaign on other websites or platforms.

Currently the Site uses features of the web analytics service Google Analytics. The provider is Google Inc. 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses cookies, that enable an analysis of your website use. The information generated by the cookie about your use of this Site is, as a rule, transferred to and stored on a server operated by Google in the USA.

Cookies are used across most websites on the internet for a variety of purposes; from remembering who you are, to tracking which pages are visited by users. They are very restricted in both their content and their use. These cookies are required for the basic operation of our Site; for ex- ample, remembering what is in your shopping basket, remembering how far you are through an order, remembering your cookie settings.

Changes to this Privacy Policy
Kat Florence will occasionally update this Privacy Policy to reflect changes in our software and/or products and customer feedback. When we post changes to this Privacy Policy on our website, we will update the “last revised“ date at the bottom of the Privacy Policy. If there are material changes to this Privacy Policy or in how we will use your personal information, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. You agree that your continued use of www.katflorenceatelier.com website after notice shall constitute your acceptance of the Privacy Policy. We encourage you to periodically review this Privacy Policy to be informed of how Kat Florence is collecting, using, and protecting your information.

NO GUARANTEES
While this Privacy Policy states our standards for maintenance of Data and we will make efforts to meet them, we are not in a position to guaran- tee these standards. There may be factors beyond our control that may result in disclosure of data. As a consequence, we disclaim any warranties or representations relating to maintenance or non-disclosure of Data.

II Acceptable use policy and general accepted notions

The Acceptable Use Policy sets out terms between and Us under which you may access and use Our Site.
Notions:
Carat: all representations made on Our Site regarding the unit mass of “carat“ (the „metric carat“ as recognized within the industry - a unit mass equal to 0.2 g or 0.007055 oz) are subject to the terms and conditions set forth in here. While trying to be very precise on the weight of all gems presented on Our Site, you have to bear in mind that gems are products of Mother Nature, so, from time to time, their actual density may vary from one gem to another, and there may be differences in the actual weight of equally shaped and sized gems, even of the same variety. By using Our Site and purchasing products from Us you understand and

accept the fact that, for the reasons explained hereby, the actual weight of the gems you receive may vary, up to 10% (on the either side of the scale). You hereby accept that, as described by the present Terms and Conditions, in case of any dispute arising in regard to the density and final weight of gems used in Our products, your sole and exclusive legal remedy is the return and refund, subject to the terms set forth herein.

Gemstone treatments
We always follow Our own proprietary quality protocols when choosing and selecting all gems presented and offered on Our Site and we al- ways make all the possible efforts on informing you about any material treatment methods used on gems. However, despite all our best efforts and quality screening it is possible that, from time to time, some forms of material treatment may occur to the gems presented without Our knowledge and out of Our control. Any and all treatment information and representations provided on Our Site are to the best of our knowledge and shall be interpreted as such, without any final and exclusive legal binding on Our Side. You hereby agree to the fact that your purchases shall not be based solely on such information and representations. You hereby accept that, as described by the present Terms and Conditions, in case of any dispute arising in regard to the treatments used in Our products your sole and exclusive legal remedy is the return and refund, subject to the terms set forth herein.

Colors on your monitor
color on a computer, phone, tablet or TV screen vary from device to de- vice, based on resolution, color profile settings, monitor or display technology, etc. By accessing and using Our Site you understand and agree that the colors you may see on your display may vary from the actual physical color of the gems or metals used on any product you may purchase from Our Site. It is also understood that, in spite of Our best efforts to match the actual colors there is always a chance that the color of a real, physical object would vary from the color of a display representation. You hereby agree to the fact that your purchases shall not be based solely on such display color interpretation.

Gold alloy purity
Gold alloy purity is measured and represented in units of „carat“ or “ka- rat“ (the 24 times the purity by mass). You shall understand and agree that the gold alloy standards and markings vary from country to country. We do our best efforts to use and offer universally recognized and implemented alloy karat markings, however, it is possible that some karat markings may not be available and recognized in your own country. You hereby agree to the fact that your purchases shall not be based solely on such gold alloy marking interpretation or representation and to the fact that if a particular marking it is not recognized on your own country that does not mean that the equivalent of it we use it is less valuable or it contains less gold than it should. You hereby accept that, as described by the present Terms and Conditions, in case of any dispute arising in regard to the purity of precious metals used in Our products your sole and exclusive legal remedy is the return and refund, subject to the terms set forth herein.

Silver alloy purity
refer to the standards of millesimal fineness for the silver alloy that we use in the manufacture or crafting of Our products. You shall understand and agree that the silver alloy standards and markings vary from country to country. We do our best efforts to use and offer universally recognized and implemented alloy markings, however, it is possible that some markings may not be available and recognized in your own country. You hereby agree to the fact that your purchases shall not be based solely on such silver alloy marking interpretation or representation and to the fact that if a particular marking it is not recognized on your own country that does not mean that the equivalent of it we use it is less valuable or it contains less silver than it should. You hereby accept that, as described by the present Terms and Conditions, in case of any dispute arising in regard to the purity of precious metals used in Our products your sole and exclusive legal remedy is the return and refund, subject to the terms set forth herein.
Illegal or prohibited use

We will determine, in Our discretion, whether there has been a breach of this Acceptable Use Policy through your use of Our Site. When a breach of this policy has occurred, We may take such action as We deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions (please see Part I above) upon which you are permitted to use Our Site, and may result in Our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use Our Site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to Our Site.
  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as We reasonably feel is necessary.

III. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and We may take any other action We reasonably deem appropriate.

Changes on the terms and conditions
.

We may revise this acceptable use policy at any time by amending this page and such change(s) shall be effective upon posting on Our Site. You are expected to check this page from time to time to take notice of any changes.

Last update: May 11, 2018

 

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