Terms & Conditions

Welcome to the Kempt, LLC (“Kempt”) website (this "Site") located at kemptnewyork.com. Please review the following terms and conditions that govern your use of this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these terms and conditions (the "Agreement").

General

We may from time to time change the terms that govern your use of this Site without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, this Site from time to time without prior notice.

Content of the Site

Unless otherwise noted, all materials, including images, video clips, audio clips, logos, trademarks, graphics, illustrations, designs, icons, photographs, and written and other materials that appear on this Site (collectively, the "Content") are subject to trademark, service mark, copyright and/or other intellectual property rights under United States law and international law or licenses held by Kempt or by third parties who have licensed their materials to Kempt. Kempt owns the copyright in this Site, including the selection and arrangement of the Content. No right, title or interest in the Content is transferred to you as a result of your use of this Site.

Visitors to this Site may not reproduce, distribute, replicate or transmit the Content without the prior written permission of Kempt, except for materials downloaded, printed or stored for personal, non-commercial uses. Any materials downloaded, printed or stored for personal, non-commercial uses must retain any copyright, trademark or other proprietary notices contained therein. This Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which are owned by Kempt and/or its host sites.

User Comments, Feedback and Other Submissions

All information, ideas, comments, suggestions or other communications that you transmit to Kempt concerning the materials contained in this Site or Kempt’s products shall be on a non-confidential basis. Kempt shall be free to reproduce, use, disclose and distribute such communications without limitation or obligation.

Product Availability and Specifications

Kempt products available for purchase online include handbags and wallets. All features, content, specifications, products, prices and services described or depicted on this website are subject to change at any time without notice. Certain dimensions, measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all practical efforts to accurately display the characteristics of our merchandise, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. All products are subject to availability; and we reserve the right to limit the quantity of products we supply to supply only part of an order or to divide up orders. We also reserve the right to alter the terms of duration of any special offers or promotions. We will inform you if we are unable to fill your order.

Links to Other Websites and Services

This Site may provide links to third party websites for your convenience. Kempt does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by Kempt. To the extent that this Site contains links to third party websites, outside services and resources, the availability and content of which Kempt does not control, any concerns regarding any such website, service or resource, or any link thereto, should be directed to the particular website, outside service or resource.

Linking to This Website

You may not link to this Site without the prior written authorization of Kempt. Creating or maintaining any link from another website to any page on this website is prohibited without Kempt's prior written authorization. Displaying this website or any portion thereof in any manner is prohibited without Kempt's prior written authorization. Any permitted links to this website must comply with all applicable laws, rules and regulations.

Purchasing

Online purchases may be made by residents of the U.S., for delivery to clients in the U.S., including Alaska, Hawaii, and Puerto Rico. We are unable to deliver online purchases to other places at this time, but invite our clients to visit a store carrying Kempt merchandise or to contact us directly to discuss the availability of special deliveries.

Gift Wrap

Products purchased from Kempt online arrive suitable for gift giving. Products arrive in Kempt dustbags, are tissue wrapped and enclosed in a gift box and tied with a ribbon.

Sales Tax

Kempt charges all state, local, and county taxes on online transactions that are required by applicable law. Please note that your on-screen transaction total reflects estimated tax. The actual sales tax will be calculated when your order is shipped and may vary from the estimated tax.

Shipping and Delivery

For security reasons, Kempt online purchases will require an adult’s signature upon delivery. In addition, purchases may not be shipped to P.O. boxes or APO/FPO addresses that are not accessible through UPS. All purchases are shipped by UPS. To estimate the total delivery time for your purchase, please allow one to two business days to process your order for shipment, in addition to the time allowed for your shipping method (i.e. UPS next-day, second-day, ground). Orders are processed and delivered Monday through Friday, excluding holidays. Kempt is not responsible for unanticipated delays. All risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Tracking

A shipment confirmation will be emailed to you as soon as your purchase has been shipped. This will allow you to track the status of your shipment. We will email you a delivery confirmation once we receive notification from UPS that your purchase has been delivered.

Changes or Modifications

If you wish to cancel or modify your order, please send an email as soon as possible to service@kemptnewyork.com. We will make every effort to accommodate your request. However, once a product has left our premises for shipping, the purchase cannot be cancelled or modified until the product has been returned to us. Our return policy applies in all instances.

Returns

For online purchases, Kempt will accept merchandise in its original condition for a full refund when accompanied by the original sales slip. We will not accept merchandise that has been worn, used, altered or damaged in any manner. Returns will be processed within 5-7 business days after Kempt’s receipt of the returned merchandise. Kempt reserves the right to determine the form of refund payment, which will normally be the same method used for payment. Full-priced merchandise must be returned within 30 days from date of delivery; however, sale merchandise must be returned within 15 days of delivery. Online purchases may not be returned or exchanged at boutiques or department stores carrying Kempt merchandise. Please note that shipping costs will not be subject to refund and that a different return policy may be applicable for in-store purchases. You are responsible for the shipping cost for any return. Easy-to-follow instructions for returning merchandise are included with each shipment. Email notification will be sent when a return has been processed. We recommend shipping returned merchandise by UPS or insured parcel post for tracking purposes. You should request adequate insurance to cover the purchase price of the shipment. Kempt is not liable for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled. We reserve the right to refuse return of any merchandise at Kempt's sole discretion.

Errors and Inaccuracies

Our goal is to provide complete, accurate, and up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.

Repairs

Kempt offers maintenance and repair service for all Kempt products through the Kempt online Registry. Please allow 2-4 weeks for maintenance and repair assessments. Detailed maintenance and repair information and charge estimates will be sent to you once the assessment has been completed. For any questions please email service@kemptnewyork.com.

Authenticity Guarantee

We guarantee the authenticity of all products purchased through Kempt online. Kempt products are crafted with the highest quality materials, design and workmanship. All Kempt products are made 100% in the USA.

For additional assistance concerning our online store or your online purchase, please contact us via email at service@kemptnewyork.com.

Site Security

Users of this Site are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting, by any means, to interfere with service to any user, host or network, including, without limitation, submitting a virus to this Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Kempt will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Kempt on this Site and other generally available third party web browsers (e.g., Netscape Navigator and Microsoft Explorer).

Limitation of Liability

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT KEMPT AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE. ADDITIONALLY, KEMPT AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, ARE NOT LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO ANY OF THE CONTENT ON THIS SITE, OR THE PRODUCTS, SERVICES OR OPPORTUNITIES OFFERED THROUGH THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KEMPT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. KEMPT AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES AS A RESULT OF YOUR NEGLIGENCE, WHETHER SUCH NEGLIGENCE IS DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT IT IS THE SOLE CAUSE OF ANY SUCH DAMAGE, LOSS OR EXPENSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF KEMPT AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.

IF YOU ARE DISSATISFIED WITH THIS SITE, ANY OF THE CONTENT OFFERED THROUGH THIS SITE OR WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD KEMPT AND ITS EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE.

Miscellaneous

This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the Commonwealth of Massachusetts.