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These Terms of Service, together with any documents or website links they expressly incorporate by reference (collectively, these "Terms" or this “Agreement”), govern your access to or use of our website at https://www.syd-kyn.com/(the “Site”), and any other websites media, features, content, contests, promotions, and services facilitated through the Site, and their associated service platforms, including any improvements, developments, or modifications thereto (collectively, the "Services”). The Services are made available by SYD KYN INC, a California corporation (“SYD KYN”, "we", “us”, or “Company”).PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SYD KYN.
By accessing or using the Services, you represent and warrant, on behalf of yourself and any person for whom the Services are accessed, that (i) you have read and understood these Terms and (ii) confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. SYD KYN may immediately withdraw, discontinue, amend, or terminate your use of any Services or any portion thereof, at any time for any reason, at its sole discretion without notice.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Company may revise, modify, amend, and update these Terms from time to time in its sole discretion. All changes are effective upon posting and apply to all access to and use of the Services thereafter. Your continued access to or use of the Services after posting of revised terms confirms your consent to be bound by the Terms, as amended.
You may terminate your access to the Services by no longer accessing our Site or Services. So long as you continue to access the Services these Terms are in effect. We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to notify you of our termination of your access to the Services, where in our sole discretion, failure to do so would materially prejudice you. You agree that SYD KYN will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.
SYD KYN is a home for functional objects & home decor. A social-led brand, curating trend-driven & limited edition objects you didn't know you needed.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, personal, non-commercial, non-sublicensable, revocable, non-transferable license to access and use the Services for their intended purposes. Any rights not expressly granted herein are reserved by Company, its affiliates, and its licensors.
You are solely responsible for obtaining the Internet or data network access necessary to use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or device or that use of the Services will be uninterrupted or free from delays or malfunctions.
In connection with your use of the Services, you agree:
Company operates in and provides Services from the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Our Site is only for people 18 years old and over. By using our Services, you confirm that you are over the required minimum age. If we learn that someone under the required minimum age specified above is using our Services, the user will not be able to purchase our products.
The following terms apply to your purchase of the products offered on this Site ("Products").
Your order is an offer to buy our Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
We attempt to describe Products, including their colors, as accurately as possible; however, the appearance of Products may vary as a result of the quality of your monitor and for other reasons. We also make no guarantees with respect to the accuracy, completeness, reliability, or currency of our Product descriptions.
Products are sold for the personal and household use of our customers. Products are not designed or otherwise intended for use in commercial or other public establishments, such as restaurants, coffee shops, retail stores of any kind, or commercial services such as caterers. Accordingly, and without limiting any other provision of these Terms, we will not be liable in connection with any such use. We also reserve the right to prohibit sale of Products to users who we believe are using Products for commercial purposes or reselling them.
Our Products are not toys and are generally not for use by children.
Quantities of some Products may be limited, and stock cannot always be guaranteed. When a Product is out of stock and cannot be replenished, we will attempt to remove the Product from this Site in a timely manner.
Products offered for sale on this Site are for sale only in the United States and all prices are quoted in U.S. dollars.
We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Product is unavailable, or a shipment is delayed. We reserve the right to provide substantially similar products to fulfill your order. When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site and is otherwise valid.
All orders are processed within 1-2 business days (excluding weekends and holidays) after receiving your order confirmation email.
When your order has shipped, you will receive an email notification from us which will include a tracking number you can use to check its status. Please allow 48 hours for the tracking information to become available.
If you haven’t received your order within 14 days of receiving your shipping confirmation email, please contact us at customer.service@syd-kyn.com with your name and order number, and we will look into it for you.
We do not offer returns for refund or exchange. However, we would be pleased to offer you a store credit. Kindly note all returns for store credit must be made within 14 days of delivery of your original purchase. Items must be returned in their original, unused condition. Customers are responsible for all additional shipping costs associated with the return of Products. Any store credit not used within 90 days of your receipt of such credit shall expire.
Please email customer.service@syd-kyn.com within 48 hours of delivery to inform us of any damages or omissions. Should an item be damaged while it is being shipped to you by us, we will provide you with a full replacement, exchange or refund. We may decline to replace, exchange or refund damaged or missing items should you fail to inform us within 48 hours of delivery.
You authorize us (and any payment processor) to charge your payment card for all purchases you make. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. Completion of a payment transaction is contingent upon: (a) you provide complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use this Site in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use this Site in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the Products to the common carrier for shipment. By purchasing Products on this Site for shipment, you are asking us to engage a common carrier to deliver your order. We reserve the right to choose any and all procedures, packaging, and the common carrier of sold Products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
Stated prices do not include any applicable taxes or surcharges. Your order confirmation will contain an estimate of taxes due on your transaction. The final calculation will be made upon shipment. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
The Company may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Company at any time in its sole discretion.
You hereby acknowledge that the Services, and all content, logos, designs, trade dress, trademarks, slogans, features, and functionality therein, all information, inventions, algorithms, source code, computer software, methods, text, displays, images, video and audio, and the design, implementation, selection, and arrangement thereof (collectively “Company IP”), are owned by Company, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Accordingly, you agree not to: (i) reproduce, reformat, distribute, modify, create derivative works of, publicly display, publicly perform, promote, publish, download, store, license, sublicense, or transmit any Company IP except as allowed by law or as necessary to use the Services for their intended purposes in compliance with these Terms, (ii) attempt to decompile, reverse engineer, or read-out any Company IP, (iii) or delete or alter any copyright, trademark or other proprietary rights notices from any Company IP.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Company IP in breach of these Terms, your right to use the Services will cease immediately and you must return or destroy any copies you have made.
All other names, logos, designs, and slogans displayed on the Services are the trademarks of their respective owners.
Except for the limited license granted herein, neither these Terms nor your use of the Services convey or grant to you any right, title, or interest: (i) to any Company IP in or related to the Services or (ii) to use or reference in any manner Company's names, logos, product and service names, trademarks, or services marks or those of Company's licensors.
All rights not expressly granted are reserved by Company.
All information Company or its service providers collect via the Services is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
You may be sent or linked to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Company, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Company. If you decide to leave the Services and access the Third-Party Websites or to use any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services. Any purchases you make through Third-Party Websites will be governed by the terms and conditions of the applicable website provider, and Company takes no responsibility whatsoever in relation to such purchases. You acknowledge that Company does not endorse the products or services offered on Third-Party Websites and you shall hold Company and its affiliates harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Company and its affiliates harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE, OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SITE MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
BY AGREEING TO THIS AGREEMENT, ARBITRATION CLAUSE & CLASS ACTION WAIVER, YOU AND THE COMPANY ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EITHER SIDE MAY HAVE AGAINST THE OTHER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
The AAA Rules are available atwww.adr.org/rules or by calling the AAA at 1-800-778-7879. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Company’s Services or this Agreement must be filed within one (1) year after such claim of action arose or be forever banned. Unless you and Company agree otherwise, any arbitration hearings between you and Company will take place in New York County, New York.
If any portion of this arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
This arbitration agreement will survive the termination of your relationship with the Company.
This Agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to conflict of law provisions. You and Company consent to personal jurisdiction in New York courts. Any dispute with Company, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Company may seek such relief in any court with jurisdiction over the parties.
If any portion of these Terms is determined to be null and void, that portion will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF THE COMPANY OR FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED ON OR THROUGH THE COMPANY SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS EXPRESSLY STATED ABOVE, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS USD ($100 USD).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS, OR AGENTS HARMLESS FROM ANY CLAIMS, LOSSES, LIABILITY COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM (I) YOUR VIOLATION OF ANY THIRD PARTY’S RIGHTS, (II) YOUR USE OF COMPANY’S SERVICES, OR (III) YOUR BREACH OR VIOLATION OF ANY OF THIS AGREEMENT.
No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms or use of the Services or Site.
Neither party (you or the Company) shall be held liable for inadequate performance of this Agreement to the extent caused by a condition that was beyond the parties’ reasonable control (including but not limited to a natural disaster, pandemic, governmental action, riot, or an act of war or terrorism).
These Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
You may not assign these Terms without the Company's prior written approval. The Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company's equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
Our failure to enforce a provision is not a waiver of our right to do so later.
We appreciate your feedback, and you agree that we may use it without restriction or compensation to you. All feedback, comments, requests for technical support and other communications relating to the Services should be sent to: customer.service@syd-kyn.com.
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