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Terms & Conditions

Legal Notice © 2022 Kingston Brass, Inc.

TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

ORDER ACCEPTANCE

Receiving an electronic order confirmation does not mean that Kingston Brass, Inc. has accepted your order, nor does it signify confirmation of our offer to sell the item(s). Kingston Brass, Inc. reserves the right at any time after receiving your order to accept or decline your order for any reason. Kingston Brass, Inc. reserves the right at any time after receiving your order, without providing prior notice to you, to provide or supply less than the quantity you ordered of any item. Kingston Brass, Inc. may also require additional information or verification(s) before accepting or processing any order.

The products, prices, system requirements, and the product contents for each software title on Kingston Brass, Inc. supercede all other listings, descriptions, advertisements, or any other promotion on Search Engines and/or directories, Shopping Services, and Shopping Comparison Engines, etc. The aforementioned covers any previous advertisements, promotions, listings, etc. Kingston Brass, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE AFOREMENTIONED SITES, LISTINGS, OR ADVERTISEMENTS, (including but not limited to, the site’s contents, information, operation, materials, and works) INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. Kingston Brass, Inc. is not responsible for any pricing, typographical errors, or incorrect information displayed regarding price, product contents, or technical/system requirements on Search Engines and/or directories, Shopping Services, and Shopping Comparison Engines, etc. Please research your purchase carefully on Kingston Brass, Inc. before completing your order.

Please Note: Kingston Brass, Inc. does not offer price protection, due to the nature of our business, the price you pay today may be different at a later date.

RETURN & EXCHANGE POLICY

All products are sold as “Brand New” in its original package. Please consult a qualified professional to make sure the merchandise you are purchasing is what you want and it will fit your specific field conditions. If you have any questions regarding a product, please contact us via email or call at (877) 2-KBRASS (252-7277) for free assistance before your placing order.

We recommend that you open and inspect your items upon receipt, should you find any discrepancy or defect with your item, or if at any time you encounter any problems such as missing or defective parts please contact us immediately. We will gladly send you the replacement parts.

BEFORE RETURNING AN ITEM

If you wish to return an item, within 30 days of purchase, please contact the place of purchase to obtain an RMA number and return instructions.

Products purchased over 30 days are not returnable or exchangeable.

  1. Buyer must obtain RMA number, follow the return instruction and pay to ship the product back to our warehouse at your own cost. Return without RMA number will not be processed.
  2. Buyer agrees to pay a 25% restocking fee per item in your order, this charge may be made in advance or deducted from your credit.
  3. All returned items must be in its original packaging, show no sign of physical damage or parts shortage; this may affect the amount credited on your return.

All refunds will be credited back to its original payment method; Refunds are generally issued within 5-7 business days after receipt of the returned products. No refunds or exchanges will be processed before receiving your returned products.

SHIPPING LEAD-TIMES:

Normal order processing can take between 1-3 business days (Monday – Friday).

SHIPPING DELIVERY

All dates are estimates and may vary. Please see notes below.

Standard Ground:

5-7 business days after order processing

* Orders delivered within the 48 contiguous states should arrive in 5 – 7 business days depending on delivery location. Orders shipped to Alaska and Hawaii will take an additional 2 – 5 days for delivery and are subject to an additional $15 delivery fee. Alaska and Hawaii are excluded from free shipping promotions.

2-3 Day Express:

2-4 business days after order processing

*2-3 day express delivery dates do not have guaranteed delivery times. Signatures may be required upon delivery. Drivers will not leave packages without signatures, so you must arrange for someone to receive the package and sign for it. You may want to use a business shipping address to ensure that someone will be available to sign for the package.

*Transit days for ground shipments and 2-3-day express are business days and do not include weekends or holidays.

STANDARD SHIPPING RATES:

Actual rates at time of purchase may vary and will be displayed in your shopping cart during the order process. See “Additional Shipping Charges.”

ORDER PROCESSING:

Most internet orders placed before 11:00 am Pacific time Monday thru Friday will be processed and confirmed the same day.

*Please note, orders placed after 11:00 am Pacific standard time (PST) Monday thru Friday, may not be processed and confirmed until the following business day. Orders placed after 11:00 am Friday generally will be processed and confirmed on the following Monday. Holidays, Saturdays and Sundays are not business days. We observe all federal holidays.

Orders placed on Saturday or Sunday will be processed and confirmed on Monday (most orders will also ship Monday).

Order acknowledgment, confirmation of product availability, and shipping tracking information will be provided to you via email after your order is processed.

Order acceptance occurs only when your order has been shipped. We will notify you by email when that has occurred.

FREIGHT DELIVERY:

Large, over-sized, multi-boxed items may incur additional shipping charges. You will be notified of additional shipping charges prior to final processing and shipping and have an opportunity to cancel or change your order if you are not satisfied with any additional charges.

Orders are shipped via FedEx and DHL. A physical address is required for shipment. We cannot ship to P.O. Boxes.

We verify all credit cards before shipping. In some cases, this may delay stated delivery dates.

ADDITIONAL SHIPPING AND HANDLING CHARGES:

Expedited same day shipping must be submitted before 12:00 pm PST. A $15 handling charge will be applied for orders requested for same day shipping.

Over-sized or bulky items may incur additional shipping and handling charges. Those charges will be stated on the product page and will be added once the item is placed in your shopping cart.

Once your item(s) is in the shopping cart, all associated shipping and handling charges will be displayed. Once you click “Check Out Now”, you will not be charged any further charges.

INTERNATIONAL SHIPPING

All international shipping will be carried by DHL international. Shipping charges will be live quoted by our system using DHL live quote service.

SHIPPING PROMOTIONS

Shipping to AK, HI, PO, AA, AE and AP are excluded from any shipping promotions.

*International shipping are excluded from shipping promotions.

RESTRICTIONS

We do not ship to APO/FPO addresses.
Shipping to AK, HI, PO, AA, AE and AP are excluded from any shipping promotions.

Your order will leave our warehouse in good condition and risk of loss passes to you when we deliver your package to the shipper. If your order is damaged in shipment, please contact the shipper immediately to make a claim.

COPYRIGHT

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Kingston Brass Inc. The collective work includes works that are licensed to Kingston Brass Inc. Copyright 2003, Kingston Brass Inc All Rights Reserved. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Kingston Brass Inc or purchasing Kingston Brass Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Kingston Brass Inc. or to purchase Kingston Brass Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Kingston Brass Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

TRADEMARKS

All trademarks, service marks and trade names of Kingston Brass Inc. used in the site are trademarks or registered trademarks of Kingston Brass Inc.

FINISH DISCLAIMER

Kingston offers several special finishes that fall into two main groups: antiqued/distressed and living. Our antiqued/intentionally distressed finishes include Antique Brass, Antique Copper, Naples Bronze, and Brushed Black Stainless Steel. Our living finish is Oil Rubbed Bronze. Antiqued/distressed finishes have had a darkener applied to create the appearance of patina and age. Due to the nature of plating and distressing processes, each production lot of these finishes varies slightly in brightness and tone. Some degree of inconsistency between items in antiqued or distressed finishes should be expected. We cannot guarantee an exact match between items in these finishes. The differences in tone and brightness are a variation rather than a flaw or defect. Living Finishes change over time. Our Oil Rubbed Bronze will patina over time such as taking on highlights in high-touch areas. We consider this dynamic nature a feature that gives each faucet a unique character over its lifetime of use and does not constitute a defect or flaw. Like our antiqued/distressed finishes, some degree of inconsistency between living finish items should be expected. We cannot guarantee an exact match between items in Oil Rubbed Bronze.

FITMENT AND COMPATIBILITY DISCLAIMER

Kingston Brass, Inc. assumes no liability related to the product use and fitment of it’s products. Buyers are solely responsible to insure that product use and fitment is consistent with our Kingston Brass, Inc. installation instructions and guidelines. Kingston Brass, Inc. is unable to guarantee the compatibility of it’s products, including Side-Sprays, Showerheads, valves, handles and other items with other brands. Our products are intended for use with compatible Kingston Brass products only. Products such as Kitchen Side Sprays should never be installed directly to a supply line, stop valve, or any other continuously flowing/pressurized source.

WARRANTY DISCLAIMER

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kingston Brass Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Kingston Brass Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Kingston Brass Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

Kingston Brass Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Kingston Brass Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL ERRORS

In the event that a Kingston Brass Inc. product is mistakenly listed at an incorrect price, Kingston Brass Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Kingston Brass Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kingston Brass Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

TERM; TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Kingston Brass Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

Kingston Brass Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Kingston Brass Inc.

MISCELLANEOUS

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Kingston Brass Inc. products) shall be in the state or federal courts located in Los Angeles County, California.

Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Kingston Brass Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Kingston Brass Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Kingston Brass Inc. may assign its rights and duties under this agreement to any party at any time without notice to you.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Kingston Brass Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.

You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

PARTICIPATION DISCLAIMER

Kingston Brass Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.

You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Kingston Brass Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Kingston Brass Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Kingston Brass Inc. in its sole discretion.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kingston Brass Inc., its officers, directors, employees, agents, licensers and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS

In an attempt to provide increased value to our visitors, Kingston Brass Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Kingston Brass Inc., Kingston Brass Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kingston Brass Inc.

These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Kingston Brass Inc. seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

VIOLATIONS

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Web Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from your violation of these Terms or your use of this Site.

UNITED STATES GOVERNING LAW

This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of California, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Kingston Brass, Inc. intends to make such products or services available in such countries.