Terms & conditions

Summary

  1. Terms of use of the website
  2. General terms and conditions of sale

Terms of use of the Website

Date: September 1st , 2022

Welcome to https://www.knxt-boutique.com/ (the " Website").

The Website is owned by Kering SA, a French Société Anonyme, and operated by Kering Americas Trading, LLC, a limited liability company incorporated under the laws of Delaware (" we", " us", or " our").

PLEASE READ THE FOLLOWING TERMS OF USE OF THE WEBSITE (the "ToU") CAREFULLY BEFORE USING THE WEBSITE.

These ToU apply to your access to, and use of, the Website, and the services available through the Website (the "Services").

When accessing the Website and using the Services for the first time, you will be asked to agree to these ToU. If you do not agree to be bound by these ToU, you must cease using the Website and the Services.

We reserve the right to amend or update all or part of these ToU from time to time at our discretion. We will always post the most current version of these ToU on the Website and display the "Last Updated" date to reflect the date of the changes. Please consult these ToU from time to time to take notice of any changes we made, as they are binding to you.

Please note that, when visiting the Website for the first time after changes to the ToU have been uploaded, you will be asked to agree to the updated ToU. If you do not agree with the updated ToU, please stop using the Website.

  • 1. Accessing the Website, Registration and Subscription to the Services

    • 1.1. You are responsible for making all the necessary arrangements for you to have access to the Website. Any information and details provided by you to us must be accurate, true and up to date in all respects and at all times.

    • 1.2. We advise parents or guardians of minors or guardians of adults under guardianship using the Website that is important that they communicate with such minors or adults under guardianship, as applicable, about their safety online and potential risks on them.

  • 2. Privacy and Cookie Policies

    • 2.1 Our Privacy Policy governs the use and processing of the personal data we collect from, or provided by, you through the Website. In addition, the Website uses cookies to monitor browsing preferences. Before uploading or providing any personal data to the Website, please carefully review our Privacy Policy and Cookie Policy at https://www.knxt-boutique.com/privacy to find out the type of personal data that may be processed by us.

  • 3. Use of the Website

    • 3.1 You agree that in using the Website, you will not:

      • a. provide false or otherwise misleading information or impersonate another person;

      • b. use anyone else's account without the permission of the account holder;

      • c. use the Website in any way that interrupts, causes or may cause damage to the Website, impairs the Website's availability or accessibility, or renders the Website less efficient;

      • d. circumvent or attempt to circumvent the Website's security measures and tamper with the technology that forms part of the Website;

      • e. obtain or attempt to obtain any information, materials or documents not purposely made available through the Website through any means (such as personal data, financial or other confidential or sensitive information);

      • f. breach any applicable law or regulation;

      • g. use the Website for any unlawful purpose or in a way which infringes the rights of any third parties; or

      • h. upload, post or otherwise transmit via the Website any content that:

        • (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise inappropriate;

        • (ii) constitutes unauthorized disclosure of personal data or confidential information;

        • (iii) infringes the intellectual property rights of any party; or

        • (iv) contains viruses or other form of malware.

    • 3.2 We reserve the right to cancel your registration or subscription, and/or block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services at any time, without notice and without liability to you, if your use of the Website is in breach of any of your obligations under these ToU or any other provisions of these ToU, as determined by us in our sole discretion, without prejudice to any other remedies available to us under applicable law and under these ToU.

  • 4. Electronic Services

    Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone). You agree that we may contact you for Services-related issues, whether by SMS, e-mail or other electronic technology, and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.

  • 5. Intellectual Property Rights

    • 5.1 Our Website and all of the information and materials included on it including the design, layout, look, appearance, graphics, organization of the contents of the Website, photographs, images, illustrations, text, fonts, video, music, sound, audio clips, logos, trademarks - whether they are registered or not, figurative or not - all other marks, service marks, brand names, trade or business names, domain names and URLs, software (" Content") are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. We reserve all such rights.

    • 5.2 You are permitted to download and print Content from the Website for your personal use but are not allowed to use such Content for any commercial or business purposes. You must not copy or reproduce (except where the copy or reproduction is made for personal non-commercial use), publish, disclose, distribute, provide to the public, republish, communicate, display, remove, delete, add to, the Website Content or create derivative works of any of the Website Content for any purpose, unless authorized to do so in writing by us or our licensors.

    • 5.3 Any use which is not expressly permitted by these ToU is prohibited. Unauthorized use of the Website or the Content contained on it may violate applicable intellectual property laws or other laws.

  • 6. Submitted Materials

    • 6.1. We appreciate hearing from you. You acknowledge and agree that any suggestion, proposal, creative ideas, concepts, photos, text or any other contents and materials (with the exception of personal information) uploaded or sent to us through this Website or otherwise (" Submitted Materials") will be considered non confidential and non-proprietary. You retain all of your ownership rights in the Submitted Materials, but by uploading Submitted Materials, unless otherwise explicitly stated by you, you hereby grant us a worldwide, irrevocable, free of charge, non-exclusive license to use, operate, store, copy, reproduce, modify, publish, distribute and make it available to third parties any such Submitted Materials, or any part thereof, in any form and media now known or which shall become known in the future for any purpose, including advertising, promotional or products development or other commercial purposes, and for the duration of protection of such Submitted Materials.

    • 6.2. Whenever you upload content or Submitted Materials to our Website, or make contact with other users of our Website, you must comply with the "Use of the Website" provisions set out above in Section 3.1.

    • 6.3. You are fully responsible for the content or accuracy of any Submitted Material or any postings you make.

    • 6.4. We reserve the right to reject or delete any Submitted Materials or remove any postings you make on the Website, for any or no reasons, including if such Submitted Materials or postings, in our judgment, violate these ToU and in particular do not comply with the "Use of the Website" provisions set out above in Section 3.1.

  • 7. Links

    • Links to Third Party Sites

      • 7.1 The Website may include links to third-parties' websites (" Linked Sites"). We have no control over such Linked Sites and will not be responsible or liable for the availability of the Linked Sites or for their content.

      • 7.2 These links are provided solely for your convenience to provide further information and the inclusion of such links does not constitute, and should not be interpreted as, in any way, an endorsement by us of such Linked Sites or their contents, products or services, their privacy and security practices or the manner in which they conduct their operations. If you choose to access Linked Sites, you do so at your own risk. Your use of Linked Sites is subject to the terms and conditions of the third parties operating and providing them. Any question or comment related to these Linked Sites must be addressed to the relevant operators of such Linked Sites.

    • Links to our Website

      • 7.3 You are not permitted to frame the Website or its Content on any other website, or to link to our Website, any page of it and/or to the Content, without our prior written consent.

  • 8. EXCLUSION OF WARRANTIES

    • 8.1 THIS WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN "AS-IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SET FORTH IN THESE TOU, WE DISCLAIM ALL WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY GUARANTEE THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES.

    • 8.2 WE CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITE (INCLUDING THE CONTENT) OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS, AND WE MAKE NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. WE RESERVE THE RIGHT TO UPDATE AND/OR CORRECT THE INFORMATION, CONTENT OR THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.

  • 9. LIMITATION OF LIABILITY

    • 9.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY UNDER THESE TOU SHALL IN NO EVENT EXCEED THE PRICE OF THE PRODUCT PURCHASED BY YOU ON THE WEBSITE. FURTHER, IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES ARISING UNDER OR IN RELATION TO THESE TOU, THE WEBSITE, ANY CONTENT OR OUR SERVICES, OR ANY ACT OR FAILURE TO ACT HEREUNDER.

    • 9.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERTAKE THAT YOU WILL NOT CLAIM ANY POSSIBLE COMPENSATION FROM US, OUR LICENSORS, SERVICE PROVIDERS, DISTRIBUTORS, MANAGERS OR DIRECTORS IN ANY FORM, INCLUDING BUT NOT LIMITED TO:

      • (i) LOSSES AND DAMAGES NOT CAUSED BY OUR BREACH;

      • (ii) INDIRECT LOSSES AND DAMAGES;

      • (iii) LOSSES OR DAMAGES ARISING OUT OR RESULTING FROM THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT, ANY LINKED SITE OR THE INABILITY TO USE THE SAME, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, DELAY IN OPERATION AND TRANSMISSION, INTERRUPTION, ERROR, OMISSION, VIRUS OR WEBSITE FAILURE;

      • (iv) LOSSES OR DAMAGES WHICH YOU MAY INCUR, INCLUDING WITHOUT LIMITATION AS A RESULT OF:

        • (a) YOUR FAILURE TO SAFEGUARD YOUR ACCOUNT,

        • (b) ANY RELIANCE PLACED BY YOU ON THE ACCURACY AND COMPLETENESS OF THE WEBSITE, THE CONTENT OR THE SUBMITTED MATERIAL, OR

        • (c) ANY CHANGES WE MAY MAKE TO THE WEBSITE, THE SERVICES AND THE CONTENT, OR

        • (d) ANY TEMPORARY INTERRUPTION OR PERMANENT CESSATION IN THE PROVISION OF THE SERVICES AND CONTENT;

      • (v) FAILURE TO MEET ANY OF OUR OBLIGATIONS UNDER THESE TOU WHERE SUCH FAILURE IS DUE TO A FORCE MAJEURE EVENT OR AN EVENT OUTSIDE OF OUR REASONABLE CONTROL.

    • 9.4 YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE, YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA, AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICES AND MAINTENANCE OF HARDWARE AND/OR SOFTWARE, AS APPLICABLE.

  • 10. Disclaimer

    To the extent permitted by applicable law, you agree to compensate us, our subsidiaries and affiliates, and their respective directors, non-executive directors and employees against any loss, liability, claim or requirement (even if claimed by third parties) caused by your breach of these ToU using this Website and its Services, and/or your breach of these ToU, and/or any breach or your representation and warranties under these ToU, including reasonable attorney's fees and/or any liability to third parties caused by Submitted Materials during Services' transmission.

  • 11. Governing Law and Jurisdiction

    • 11.1 These ToU and any matter relating to your access to, or use of, the Website shall be governed by and will be interpreted in accordance with the laws of New York.

    • 11.2 You and we agree to submit any dispute arising out of, or relating to, these ToU including the validity, interpretation, breach or termination thereof, to the jurisdiction of the relevant courts in New York.

  • 12. Contact us

    You can contact us in one of the following ways:

General Terms and Conditions of Sale

Date: September 1st, 2022

  • 1. General Provisions

    • 1.1. These general terms and conditions of sale (" General Terms") describe the terms on which Kering Americas Trading, LLC, a Delaware limited liability company (" Company", " we", " us", " our"), sells, and a consumer (" you") purchases, Company products (" Products") through the website https://www.knxt-boutique.com/ (" Website").

    • 1.2. Our General Terms will apply to any contract for the sale of Products by Company to you through the Website (" Contract").

    • 1.3. The sale of Products through the Website is only available to individual consumers, meaning natural persons who act for purposes of personal consumption (i.e., for purposes extraneous to their trade, business, craft and profession and not for profit). If you are a minor (as defined under applicable law), you hereby confirm that you have obtained the consent of a parent or legal guardian to purchase a Product before submitting an order.

    • 1.4. You will be asked to agree to our General Terms, the Terms of Use of our Website (" ToU") and our Privacy Policy before placing an order. We therefore advise you to read these documents carefully, and in particular our General Terms, before proceeding with any purchase. If you do not agree to our General Terms, the ToU and our Privacy Policy, you may not order any Products from the Website.

    • 1.5. We reserve the right to amend or update all or part of our General Terms from time to time, and when we do so, we will publish the revised version of our General Terms and indicate the "Last Updated" date at the top of such revised General Terms. The Contract between you and us is governed by our General Terms in force at the time you place an order.

    • 1.6. Our General Terms should be read alongside, and are in addition to, our Privacy Policy at https://www.knxt-boutique.com/privacy which tells you how we use your personal data, and our Cookie Policy at https://www.knxt-boutique.com/privacy.

  • 2. Product Information and Availability

    • 2.1. Information on our Products and relevant prices are available on the Website.

    • 2.2. Pictures of the Products displayed on the Website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device's display of our Products accurately reflects them. In particular, the colors, fabric, shade, grain, texture of the Products shown on your screen may vary from those on the actual Product. Therefore, you should rely exclusively on the description of the Products and their characteristics as provided on the Website.

    • 2.3. The Products available on the Website may include a selection of items normally available in stores in the United States as well as Products exclusively available online through the Website.

    • 2.4. We reserve the right, in our sole discretion, to limit the quantities and/or types of any Products available on the Website per person, household or per order. These restrictions may include orders placed by, or under, the same account, the same payment method and/or orders that use the same billing and/or shipping address. You may not purchase more than three (3) Products per order.

    • 2.5. We may change or discontinue a Product or any of its features, as described on the Website, at any time without notice (this does not affect the Products for which an Order Confirmation, as defined below, has already been issued at the time of the change). During the purchasing process, we will inform you if your order cannot be processed, in whole or in part, due to the unavailability of one or more ordered Products. If one or more ordered Product(s) are unavailable, your order will be totally or partially cancelled (as the case may be), and you shall pay only the price of the available Product(s).

    • 2.6. In the event your connection to the Website fails, your selection of Products may be lost. In such case, you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event shall we be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.

  • 3. Prices

    • 3.1. Prices of Products are indicated on the Website in US Dollars and/or the selected cryptocurrency, if applicable, and are exclusive of any applicable VAT, sales taxes or other taxes. Prices do not include delivery charges, which, if any, shall be added to the price of the Products and will be communicated to you during the checkout process before you confirm your order.

    • 3.2. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case we will contact you and ask you whether you wish to purchase the Product at the correct price. If you decide not to purchase the Product, we will cancel your order and terminate the Contract.

    • 3.3. Without prejudice to the above, we reserve the right to change the Products prices at any time and without notice, but such changes will not apply to Products for which we have already received a purchase order.

  • 4. Placing an Order - Formation of the Contract

    • 4.1. To purchase Products on the Website you must follow our instructions on how to place an order:

      • (i) Select the Product(s) you are interested in buying and choose the size, color (if more than one color is available) and quantity,

      • (ii) Include the selected Products in the basket by clicking "add to cart",

      • (iii) Fill in the order form with your personal information (name, address, email, telephone, shipping/billing address),

      • (iv) Select your payment method (which may require connecting with your Metamask wallet, if applicable),

      • (v) Accept our General Terms and the ToU, and

      • (vi) Place your order through the Website by clicking "Proceed to payment" and finalizing payment.

    • 4.2. Before placing your order, you will be given the opportunity to review your selection, check the total price and correct any errors.

    • 4.3. By placing an order, you agree to pay the price of the ordered Products.

    • 4.4. All orders submitted by you are subject to our acceptance. Once you place an order, you will receive an e-mail from us acknowledging that we have received your order. This email does not mean, however, that your order has been accepted by us. We may choose, on legitimate grounds, not to accept your order, in whole or in part, without liability to you. Examples of non-acceptance of your orders are as follows:

      • (i) We are unable to obtain authorization for your payment;

      • (ii) There was an error in the price displayed and upon contacting you, you have refused to purchase the Product at the correct price (see Section 3.2); or

      • (iii) Fraudulent, illegal or unauthorized activities, including suspected purchases for commercial purposes, are reported or suspected.

      In the above situations, we will send you an email informing you of the non-acceptance of your order. Acceptance of your order and the formation of the Contract between you and us will only occur when we have sent an email confirming that your order has been shipped (" Order Confirmation").

    • 4.5. The Order Confirmation will include the order number, all information required by applicable law, including, without limitation, basic information on the purchased Products, the price, the shipping address, and a copy of the General Terms applicable to your order.

    • 4.6. Once you receive the Order Confirmation you can no longer cancel or modify your order, without prejudice to your statutory rights according to Section 9.

  • 5. Payment

    • 5.1. You must pay the price of the Products (including applicable VAT, sales taxes or other taxes), the cost of any additional services you order, if applicable, and the associated shipping and delivery charges, if any. In the event you choose to pay with cryptocurrency, you are also responsible for any relevant charges or fees applied by your payment processing partner as a result of the processing of your payment, including, without limitation, miner fees, gas fees, network costs, and other transaction processing fees.

    • 5.2. We may offer various methods of payment from time to time at our discretion (" Payment Methods"), including, without limitation, BitPay, Inc. (" BitPay"). Payments are to be made in the currency specified for the country of the shipping destination or one of the cryptocurrencies expressly offered via such Payment Methods. In the event you attempt to make a payment in a form of currency that is not expressly supported by the applicable Payment Method, you may not be able to recover such payment, and neither we nor the applicable payment processor will bear any responsibility with respect to such transaction.

    • 5.3. You are subject to all terms and conditions of the Payment Method you choose, including, without limitation, BitPay's Shopper Terms of Use (available at https://bitpay.com/legal/shopper-terms-of-use/ ) in the event you make any payment through BitPay. By submitting an order through the Website, you represent and warrant that you are authorized to use the designated Payment Method and authorize us, or the designated payment processor, to charge the Payment Method you specify for the purchase amount, including all taxes and fees. We accept no liability in respect of your use of the Payment Method concerned.

    • 5.4. Our payment processing partners may request that you provide certain personal data (e.g., a valid government-issued identification, your legal name, address, date of birth, email address, and SMS compatible phone number) for the purpose of making payment through its financial institutions and complying with applicable international, national, federal, state, and local laws and regulations. Such personal data will be subject to the applicable payment processor's privacy policies, for which we bear no responsibility. In addition, you may be required to use a cryptocurrency wallet with respect to any cryptocurrency payments.

    • 5.5. In the event a payment is made through BitPay, BitPay will lock in the applicable cryptocurrency exchange rate during checkout for a limited period of time to enable you to complete your payment. Payments not completed during this time window will not be associated with your purchase, and you will need to contact BitPay to request a refund (less the corresponding miner, gas and transaction fees). For further information on such "Orphan Payments" and other "Payment Exceptions" that may occur, such as "Underpayments" or "Overpayments," please refer to BitPay's Shopper Terms of Use as provided above.

    • 5.6. If your payment cannot be processed for any reason, we may cancel your order, following which our Contract with you will end immediately, without liability to you. We will inform you of such termination in writing.

    • 5.7. For each successful order, we will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order.

  • 6. Shipping, Delivery and Collection

    • 6.1. The purchased Products will be delivered exclusively in the United States of America, excluding Alaska and Hawaii.

    • 6.2. The purchased Products shall be delivered by a courier service selected by us (" Courier") to the address indicated by you in the order form. We are not responsible for any delivery problems arising from incomplete or incorrect address details supplied by you. Please note that we will not deliver to PO Boxes, addresses of freight forwarders, or hotels.

    • 6.3. The purchased Products will be shipped only after we receive your payment in full. If we do not receive your payment in full, whatever the reason, we may delay or refuse dispatching the Products without liability to you.

    • 6.4. We will take all reasonable steps to deliver the purchased Products within the estimated periods communicated to you during the checkout process before you place your order, except in case of force majeure.

    • 6.5. We will send you an email to notify you when your order has shipped (" Order Shipping Confirmation").

    • 6.6. Upon delivery of the Products by the Courier, we recommend that you (or the person designated by you) promptly:

      • (i) verify that the number of packages delivered corresponds to that indicated on the delivery note; and
      • (ii) verify that the packages and their seals are intact, undamaged, not wet or altered in any manner.

      Any claim with respect to damage to packages or discrepancies in the number of packages must be notified to us in compliance with applicable law.

    • 6.7. You can track the status of your shipment via the carrier's website using the tracking number included in the Order Shipping Confirmation. In the event your package is not delivered within thirty (30) business days of shipping, you must inform our Client Services as soon as possible by sending an email to contact@knxt.shop. Upon such notice, we may open an investigation with the Courier. If the package is found, the delivery procedure will continue as normal. If the package is declared lost (a " Lost Package"), we will inform you accordingly and make arrangements of a refund of the corresponding order in accordance with Section 10 below.

  • 7. Risk and Title

    • 7.1. Title in the Products shall pass to you on the date of full payment.

    • 7.2. The risk of loss of, damage to, and destruction of, the Products shall pass to you when you (or a person designated by you and other than the carrier) take physical possession of the Products at the delivery address given by you.

  • 8. Returns

    • 8.1. Orders cannot be cancelled or modified for any reason once they have been successfully submitted.

    • 8.2. Without prejudice to your rights under Section 9 below, we accept returns of Products purchased on the Website within fourteen (14) calendar days of the date of delivery. Products must be returned in their original condition, unaltered, unused and undamaged, in their original package, if any, and with original tags and labels attached along with all related accessories, documents (e.g. instructions booklet, product certificates) and protective covers included. Returns of incomplete, altered, worn, damaged or soiled products will not be accepted and will be returned to you. For the avoidance of doubt, we do not offer any exchanges of Products.

    • 8.3. To return a Product, you must inform us of your intention to return a Product within seven (7) calendar days of the date of delivery (the " Return Period"). To this effect, you may send an email to contact@knxt.shop. You will receive an email confirming your return request along with the return prepaid shipping label. Please follow the instructions below to return the Product(s) to us:

      • (i) Wrap the products you wish to return safely to avoid damage; place them in their original package, if any; and then inside the shipping box in which you received your order.
      • (ii) Attach the return prepaid shipping label to the outside of the box, on top of the original label, and seal the box securely.
      • (iii) Visit the carrier website to arrange for collection.

    • 8.4. Products must be handed off to the designated carrier within seven (7) calendar days from your request for return. Upon receipt of a Product for which a return was requested, we will inspect the Product to ensure that the return conditions specified above are met. Subject to the product meeting those conditions, a refund will be made in accordance with Section 10 below.

  • 9. Lack of Conformity or Defects

    • 9.1. Notwithstanding the foregoing Section 8, if you find that a Product sold by us on the Website has material defects, is not as described, or is incomplete (a “Defective Product”), please contact immediately (and no later than seven (7) calendar days following the delivery of such Defective Product) our Client Services by sending an email to contact@knxt.shop. In the absence of notice of any Defective Products within the aforementioned time limit, the Product will be deemed to be received in good condition and accepted as such.

    • 9.2. Damage, alteration or modification to the Products caused by you is not a defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as direct exposure to the sun light or heat, contact with liquid, rain or food); normal tear and wear; non-observance of applicable care and/or cleaning instructions, are not defects or a lack of conformity. Likewise, variations in the texture, natural markings or irregularities of natural Products (such as leather or fabric) are inherent to the Product and not defects.

    • 9.3. In the event you request the return of a Defective Product, we will bear the reasonable delivery costs for returning the Defective Products to us.

  • 10. Refunds

    • 10.1. In the event of a return in accordance with Section 8, a Lost Package or the return of a Defective Product, we shall refund you for all amounts received from you for such Product, less any transactional fees (including, without limitation, applicable miner and gas fees) that may have been charged by the payment processor. We will refund you using the same Payment Method (and, if applicable, in the same form of cryptocurrency) that you used when you placed your initial order. We may withhold reimbursement until our receipt of the returned or Defective Products.

    • 10.2. Refunds made through BitPay will be issued for the full US Dollar value of the order in the same form of cryptocurrency used in the initial payment, and shall be processed at such cryptocurrency's exchange rate in effect at the time the refund is completed (as determined by BitPay and set forth on its website). By way of example, if the Product price was USD$1,000 and the applicable cryptocurrency exchange rate at the time of purchase was USD$1,000 to 1 BTC, then you would have paid 1 BTC. If the applicable cryptocurrency exchange rate at the time the refund is issued subsequently reflects USD$500 to 1 BTC, then you will receive 2 BTC (less BitPay's transactional fees). Or, if the applicable cryptocurrency exchange rate at the time the refund is issued subsequently reflects USD$2,000 to 1 BTC, then you will receive 0.5 BTC (less BitPay's transactional fees). You agree to assume the volatility risk of the cryptocurrency value.

  • 11. Liability

    • 11.1. Nothing in our General Terms seeks to exclude or limit our liability for:

      • – personal injury or death resulting from our negligence;
      • – fraud or fraudulent misrepresentation;
      • – breach of any obligations implied by applicable consumer protection laws; or
      • – any other cause of action which cannot be limited or excluded under applicable law.

    • 11.2. Subject to the above, we will remain liable for damages, caused by our breach, that you suffer in respect of all claims and causes of action, arising under or in connection with our General Terms and each Contract except for any delay or failure to perform any of our obligations under our General Terms if such delay or failure is caused by a force majeure event.

  • 12. Guarantee of Authenticity, Warranties and Intellectual Property Rights

    • 12.1. We guarantee the authenticity of all Products purchased on our Website.

    • 12.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS ARE SOLD "AS IS" WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS ACCOMPANYING SPECIFIC PRODUCTS, IF ANY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MANUFACTURER AND COMPANY HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES.

    • 12.3. Company trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain the exclusive property of Company , and are protected by applicable copyright, trademark, or other intellectual property laws around the world. Company reserves all such rights.

  • 13. Promotions and Non-Fungible Tokens

    • 13.1. We may offer you promotions and special offers from time to time. The terms of such promotions and special offers will be specified on the Website (e.g., start and end date of the promotions and offers; minimum order value, if any). Promotions and offers cannot be used in conjunction with any other promotion or offer. To receive the discount or offer applied, you must place your order within the specified date range. The promotional or special offer code must be entered at the time of checkout.

    • 13.2. In the event any promotion or special offer includes a non-fungible token (an "NFT"), the NFT will be air dropped to you in accordance with the terms and instructions specified on the Website. NFTs will only be air dropped after the applicable Return Period has concluded and on the condition that your qualifying purchase, net of any returns, continues to meet the criteria to be eligible for such NFT promotion or special offer, as set forth on the Website at the original time of purchase. We make no representations or claims regarding the value of any NFT, and under no circumstance will you be entitled to cash or any cash equivalent in exchange for any NFT.

    • 13.3. We reserve the right to refuse to allow you to participate in any promotions or special offers on legitimate grounds in our reasonable discretion (including, without limitation, if we think you are acting fraudulently).

  • 14. Applicable Law and Jurisdiction

    • 14.1. Our General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of the State of New York.

    • 14.2. Any disputes arising out of, or relating to, our General Terms and the Contracts shall be submitted to the jurisdiction of the courts of the State of New York.

  • 15. Contact us

    For further information and assistance with the Website, you may contact us in one of the following manners:

  • 16. Notices

Any notice to be given under our General Terms or the Contracts will be in writing. We will contact you by email, telephone, SMS or provide you with information by posting notices on our Website.