Terms & Conditions

This Agreement contains the complete terms and conditions that apply to User in joining, buying, bidding, and all other activities User will make in JoannaKinsman.com. By using or shopping from this Site, User agrees to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between JoannaKinsman.com (Site) and user (User), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by Joanna Kinsman from time to time without specific notice to User end. Agreement posted on the Site reflects the latest agreement and User should carefully review the same before using Site.

USE OF SITE & PROHIBITIONS
Site allows User to post comments and shop online. However, User is not prohibited to do the following acts: (a) use Site, including its services and or tools if User is unable to form legally binding contracts, is under the age of 18, or is temporarily or indefinitely suspended from using Site, services, or tools (b) posting of an items in inappropriate category or areas on the sites and services; (c) collecting data about Users’ personal information; (d) maneuvering the price of any item or interfere with other Users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.

PAYMENTS AND PROCESSES OF INVOICES
Joanna Kinsman has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Joanna Kinsman prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on User’s invoice, measured from the date of the invoice. An order may be invoice separately. Joanna Kinsman has all the discretion to cancel or deny orders. Joanna Kinsman is not responsible for pricing, typographical, or other errors in any offer by Joanna Kinsman and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, Joanna Kinsman reserves the right to charge User a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, User will continue to be charged an additional late penalty charge.

REFUND POLICY
Joanna Kinsman does not have to provide a refund if User has changed their mind about a particular purchase, so please choose carefully. If the goods are faulty, Joanna Kinsman will meet obligations under the applicable laws. However, if “non-faulty” accounts are cancelled within ten days of the first payment, a full refund will be given.

RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. The risk of loss and title for such items pass to User upon the delivery to the carrier.

PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on the Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, indicating the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of Joanna Kinsman’s merchants, the List Price may be provided by the merchant. In cases of mispriced in its catalogs in which the item’s correct price is higher than the stated price, Joanna Kinsman will, at its discretion, either contact User for instructions before shipping or cancel the order and notify User of such cancellation.

Joanna Kinsman does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in the Site is not as described, User’s sole remedy is to return it in unused condition.

EDITING, DELETING AND MODIFICATION
Joanna Kinsman may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in Joanna Kinsman’s sole discretion, by posting a notice or a new agreement on the Site. USER’S CONTINUED PARTICIPATION IN THE PROGRAM, VISIT AND SHOPPING IN THE SITE FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

ACKNOWLEDGEMENT OF RIGHTS
User hereby acknowledges that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that User will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. User will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of Joanna Kinsman’s services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

FRAUD
FRAUDULENT ACTIVITIES are highly monitored in the Site and if fraud is detected Joanna Kinsman shall resort all remedies available, and user shall be responsible for all costs and legal fees arising from these fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
Joanna Kinsman is not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if Joanna Kinsman have been advised of the possibility of such damages. Further, Joanna Kinsman’s aggregate liability arising with respect to this Agreement and the Program will not exceed USD $2,000 or the total price of the subject products paid or payable to User, whichever is less.

Joanna Kinsman makes no express or implied warranties or representations with respect to the Program or any products sold and offered in the Site (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Joanna Kinsman makes no representation that the operation of the Site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors. This Site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. User understands and agrees that use of this site is at user’s own risk.

CONFIDENTIALITY
User agrees not to disclose information obtained from Joanna Kinsman and or its clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Joanna Kinsman. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

NON-WAIVER
Failure of Joanna Kinsman to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy may be, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the substantive laws of JoannaKinsman.com, without any reference to conflict-of-laws principles.

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of JoannaKinsman.com, to the exclusion of any other courts without giving effect to its conflict of laws provisions or User’s actual state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

User’s rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, Joanna Kinsman may assign this Agreement to any person at any time without notice.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.