ACCEPTANCE OF TERMS OF USE

Please read these Terms of Use ("Terms") carefully. This website ("Site") includes without limitation the collection of web pages that can be accessed via http://www.FERGUSONANDCIE.com, and other on-line services accessible via the Site.

FERGUSON AND CIE PROVIDE THIS SITE TO YOU AND ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively "You"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN FERGUSON AND CIE AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS SITE; (b) USING THE SITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

These Terms shall apply to any order placed from an available international country. By accessing, browsing, using, viewing, reading, printing, or downloading any material from the Site, or registering with the Site, You represent and warrant that You have read, understood and You agree to be legally bound by:

These Terms

The Privacy Policy available at http://www. FERGUSONANDCIE.com/Privacy-Policy

 

 

CHOICE OF LAW/JURISDICTION

These Terms supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in NEW YORK CITY in the state of NEW YORK, United States of America. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

 

SUBMISSIONS BY YOU

All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, reviews or other materials ("Material") on the Site shall be and remain the property of FERGUSON AND CIE or its respective owners. FERGUSON AND CIE may amend these Terms at any time by posting the amended terms on this Site.

You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by FERGUSON AND CIE will infringe or violate any rights of any third party. You agree to defend, indemnify and hold FERGUSON AND CIE and its, agents, representatives, employees, officers, directors, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any Material posted or submitted by You. FERGUSON AND CIE reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to FERGUSON AND CIE on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively "Comments") shall be and remain FERGUSON AND CIE's property. Any such disclosure or submission of Comments shall constitute an assignment to FERGUSON AND CIE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. FERGUSON AND CIE will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FERGUSON AND CIE is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.

 

 

PROMOTIONS

By participating in surveys, sweepstakes, contests or promotions on this Site, and/or requesting promotional information or product updates, You hereby agree that FERGUSON AND CIE may use information about You for marketing, product development and promotional purposes. You agree that FERGUSON AND CIE may use information about You and Your use of this Site in any manner that does not reveal Your identity and/or consistent with the terms of FERGUSON AND CIE 's Privacy Policy. Further, You agree that FERGUSON AND CIE may send You electronic mail for the purpose of advising You of updates to this Site, providing You with information on FERGUSON AND CIE products or for such other purposes as FERGUSON AND CIE deems appropriate. Please see Official Rules available for specific surveys, sweepstakes, contests or promotions for further details.

 

 

CONTENT PROVIDED VIA LINKS

You may find links to other Internet sites or resources on the Site. You acknowledge and agree that FERGUSON AND CIE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. FERGUSON AND CIE will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

 

FERGUSON AND CIE PRODUCTS

The FERGUSON AND CIE products displayed on this Site may be available through this Site or at select FERGUSON AND CIE retail stores in the United States of America and foreign markets. However, FERGUSON AND CIE cannot guarantee that the products appearing on this Site will be available through this Site; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by FERGUSON AND CIE at any time without notice. For United States customers, prices displayed on the Site are quoted in U.S. Dollars. FERGUSON AND CIE will display colors of products as accurately as possible, however FERGUSON AND CIE cannot guarantee that Your monitor will display the correct colors. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein.

 

Products offered for sale on this Site are for Your personal use only, not for re-sale. FERGUSON AND CIE reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms, FERGUSON AND CIE business practices, applicable laws or policies.

 

Please contact FERGUSON AND CIE at getkilted@icloud.com or +1.917.971.8373 in the United States or for International customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT. If You need assistance with ordering products on this Site.

 

INTELLECTUAL PROPERTY RIGHTS

You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. All Materials and content on this Site are the exclusive property of FERGUSON AND CIE and protected by U.S. and international copyright laws.

 

"FERGUSON AND CIE Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, graphics and other designations FERGUSON AND CIE uses in connection with its products and services, including but not limited to FERGUSON AND CIE. You may not remove or alter any FERGUSON AND CIE Trademarks, or use the FERGUSON AND CIE Trademarks, without FERGUSON AND CIE 's prior written consent. You acknowledge FERGUSON AND CIE's rights in FERGUSON AND CIE Trademarks and agree that any use of FERGUSON AND CIE Trademarks by You shall inure to FERGUSON AND CIE 's sole benefit.

 

 

DISCLAIMER OF WARRANTIES

THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FERGUSON AND CIE DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND FERGUSON AND CIE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL FERGUSON AND CIE BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT FERGUSON AND CIE OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.

 

INDEMNIFICATION

You agree to defend, indemnify and hold FERGUSON AND CIE harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.

 

INTERNATIONAL USE

FERGUSON AND CIE controls and operates the Site from the United States, and all information is processed within the United States. FERGUSON AND CIE does not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with Your use of the Site. By visiting and using the Site, You acknowledge these restrictions and agree that either You are not subject to them or You will comply with all applicable laws regarding the transmission of technical data exported from the United States.

 

 

EXCHANGE RATES, DUTIES AND TAXES

Duties and taxes are set by the destination country customs authorities, on the basis of the following parameters:

The country of origin (manufacturing) of the products being purchased.

International taxes, such as Value Added Tax (VAT) are set by the destination country.

International taxes, tariffs and value-added tax (VAT) are calculated into your final order total during checkout and can be viewed under the heading, "Duties & Taxes." Then, the guaranteed amount to be paid will be indicated at checkout.

For more information, please contact FERGUSON AND CIE via email at getkilted@icloud.com or by phone at +1.917.971.8373 in the United States or for international customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT.

 

CONSENT TO PRIVACY POLICY

By using this Site, You agree to comply with all applicable laws and regulations, and the terms of FERGUSON AND CIE's Privacy Policy at http://wwwFERGUSONANDCIE.com/Privacy-Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Site.

 

MISCELLANEOUS

 

LANGUAGE

For any order under these Terms, the language available for the conclusion of a contract is English only, which language shall be controlling in all respects. Furthermore, all communications and notices made or given pursuant to an International order shall be in the English language exclusively.

For more information, please contact FERGUSON AND CIE at getkilted@icloud.com or +1.917.971.8373 in the United States or for International customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT.

 

RIGHT OF WITHDRAWAL

All European Union customers have the right of withdrawal. If You purchase products on the Site, You have fourteen (14) days from the date of receipt of your orders to exercise your right of withdrawal. If a European Union customer cancels their order during this -day period, FERGUSON AND CIE will reimburse the customer for the cost of the product(s) AND any extra fees (e.g. shipping) paid by the customer to receive the item within fourteen (14) days after we receive the item at our facilities in the United States.

You may contact getkilted@icloud.com to exercise Your right of withdrawal for any product You may have purchased. Please quote Your order # as reference in this correspondence. The guest services member contacted will confirm the cancellation process for Your product(s) and inform You of the total amount of refund.

 

You will not be entitled to a refund if the product has been damaged by You.

 

RETURN POLICY

If You are not happy with Your purchase, You may contact getkilted@icloud.com. Please quote your order # as reference in this correspondence. If Your product is eligible for return, the guest services member contacted will confirm the return process for Your product(s) and inform You of the total refund.

Once the confirmation for returning the product(s) is granted by FERGUSON AND CIE by email (hereinafter “Return Authorization Email”), please follow the return instructions provided to You.

Any returned product will remain Your responsibility until it is received by FERGUSON AND CIE.

Returns must be postmarked within thirty (30) days from the date your order is received.

When returning products, you are responsible for all return fees, including shipping cost for returning the products, Taxes and Duties.

For further assistance, please contact FERGUSON AND CIE at getkilted@icloud.com or +1.917.971.8373 in the United States or for International customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT.

 

REFUNDS

Returns and Cancellations will be processed back by FERGUSON AND CIE to Your original form of payment.

Please allow up to 14 days from receipt of your return at our returns facility in the United States for Your credit to be processed with Your financial institution.

If You have additional questions about how to make purchases on FERGUSONANDCIE.com, feel free to contact FERGUSON AND CIE at getkilted@icloud.com or +1.917.971.8373 in the United States or for International customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT.