TERMS OF SALE
Thank you for shopping at Kay Berry. By placing an order on our website, you signify your acceptance of the Terms of Sale set forth herein. Please take a moment to read through our terms thoroughly. These terms may be updated at any time; please check back occasionally for updates.
COPYRIGHTS AND TRADEMARKS
All materials appearing on KayBerry.com are the sole property of Kay Berry, unless specified otherwise. Such materials protected by this copyright include, but are not exclusive to, any and all text; any and all images (including icons, logos, and other graphics); and any and all design elements of the website (including assembly and arrangement). You may use the content of KayBerry.com for no other purpose than shopping on this site, placing an order on this site, or for conducting other tasks associated directly with, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorized use of the materials appearing on KayBerry.com may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Such unauthorized use includes, but is not exclusive to, copying, reproducing, republishing, modifying, uploading, transmitting, or distributing any of such materials without the prior written consent of Kay Berry.
The “Kay Berry” name and logo are trademarks of Kay Berry, as are all custom graphics, icons, and logos found on KayBerry.com. All other trademarks or service marks are the property of their respective owners. The use of any Kay Berry trademark without the express written consent of Kay Berry is strictly prohibited.
DISCLAIMER AND LIMITATION OF LIABILITY
Unless otherwise noted (such as our Outdoor Furniture Products), products sold by Kay Berry are covered by our 30-day money back guarantee. Kay Berry makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. Kay Berry expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Kay Berry arising from any product sold on this website shall be the price of the product ordered. In no event shall Kay Berry, its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold.
KayBerry.com and the materials therein are provided “as is”. Kay Berry makes no representations or warranties, either express or implied, of any kind with respect to KayBerry.com, its operations, content, information, materials or year 2000 compliance. Kay Berry expressly disclaims all warranties, express or implied, of any kind with respect to the site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that Kay Berry, its officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of KayBerry.com. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
TYPOGRAPHICAL AND PHOTOGRAPHICAL ERRORS
Kay Berry attempts to be as accurate as possible in our pricing, as well as our typographical and photographical depictions of products for sale; however, we cannot guarantee that product descriptions/specifications, pricing or any other content on KayBerry.com is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational or other error, Kay Berry shall have the right, at our sole discretion, to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.
ORDER ACCEPTANCE POLICY
Your submission of an order and/or receipt of an order confirmation automated or otherwise does not signify our acceptance of such order. Kay Berry reserves the right to cancel any order that we deem necessary, at our sole discretion, regardless of the order status or whether you have received a confirmation of the order. We reserve the right to require additional information from you before accepting or processing any order.
Kay Berry is a Pennsylvania corporation and you agree that any legal action brought against Kay Berry shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law principles. Additionally, you agree that any and all disagreements arising from your use of or orders placed through KayBerry.com will be adjudicated in the county of Alameda, Pennsylvania by an appropriate federal or state court.