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Terms & Conditions
This website is operated by Kanar Inc on behalf of Comfortel Furniture Pty Ltd.
When you shop with us (or access our services and this website – www.comfortel.com), these terms apply. They’re important for both of us as they set out what we expect from each other, and they also give you helpful info. You can also find out more on our Support & Help pages (which also form part of these terms). Of course, if you need anything else, get in touch with us– we always love to hear from you!
We keep these terms and Support & Help pages updated and we amend them every so often, so remember to check back in before you shop, as the latest set will apply.
TERMS AND CONDITIONS OF SALE
These terms and conditions of sale which appear on all invoices are the terms and conditions upon which Kanar, Inc. makes all sales. Kanar will not accept any other terms and conditions of sale, unless Buyer and Kanar have executed a written agreement which specifically modifies, supersedes, and/or replaces these terms and conditions. Acceptance of all purchase orders is expressly made conditional upon Buyer’s assent, expressed or implied, to the terms and conditions set forth herein without modification or addition.
1. Acceptance of Invoice & Merchandise
Buyer’s acceptance of these terms and conditions shall be indicated by any of the following, whichever first occurs: (a) Buyer’s making of an offer to purchase Product from Kanar, Inc.; (b) Buyer’s written acknowledgment hereof; (c) Buyer’s acceptance of any shipment of any part of the items specified for delivery (the “Products”); or (d) any other act or expression of acceptance by Buyer. Kanar’s acceptance is expressly limited to these terms and conditions in their entirety without addition, modification or exception, and any term, condition or proposals hereafter submitted by Buyer (whether oral or in writing) which is inconsistent with or in addition to these terms and conditions is objected to and is hereby rejected by Kanar. Kanar’s silence or failure to respond to any such subsequent or different term, condition or proposal shall not be deemed to be Kanar’s acceptance or approval thereof.
Unless otherwise agreed in writing, delivery shall be made in accordance with Kanar’s shipping policy in effect on the date of shipment. The current Kanar shipping policy can be located at here.
Domestic: For all domestic transactions, unless otherwise stated on the front of the invoice, title to the Products and all risk of loss or damage with respect to the Products shall pass to Buyer upon delivery by Kanar to the carrier or Buyer’s representative at Kanar’s distribution center. For all domestic transactions, unless otherwise stated on the front of the invoice, title to the Products and all risk of loss or damage with respect to the Products shall pass to Buyer upon delivery by Kanar to the carrier or Buyer’s representative at Kanar’s distribution center.
International: www.comfortelfurniture.com is for US customers only. We have dedicated websites for other regions internationally.
For regions outside of the US, please select your region located in the header or footer of this website. If your region is not listed, please contact Comfortel Furniture Head Office at firstname.lastname@example.org.
Delivery is subject to the payment provisions set forth herein and to Kanar’s receipt of all necessary information and documentation from Buyer including all import certificates, exemption and/or resale certificates, licenses and other documents as may be required from Buyer for export of the Product. Buyer shall promptly notify Kanar, in no event later than two (2) business days after delivery, of any claimed shortages or rejection as to any delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for any such rejection. Failure to give any such notice within such time shall be deemed an acceptance in full of any such delivery. Kanar shall not be liable for any shipment delays beyond the reasonable control of Kanar which affect Kanar or any of Kanar’s suppliers, including, but not limited to, delays caused by unavailability or shortages of Products from Kanar’s suppliers; natural disasters, acts of war; acts or omissions of Buyer; fire, strike, riot, or governmental interference; unavailability or shortage of materials, labor, fuel or power through normal commercial channels at customary and reasonable rates; failure or destruction of plant or equipment arising from any cause whatsoever; or transport failures.
3. Price & Payment
Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes), as well as import or customs duties, license fees and any other similar charges, however designated or levied on the sale or delivery of the Products or measured by the purchase price paid for the Products. Kanar’s prices set forth on the front side of the invoice do not include such taxes, fees, and charges. Exemption certificates must be presented to Kanar prior to shipment if they are to be honored.
Payment Terms: Unless otherwise specified, the payment terms are prepaid. All unpaid invoices shall bear interest at an amount equal to 1-1/2% of the outstanding balance per month (or the maximum rate of interest allowed to be contracted for by law, whichever is less), commencing upon the date payment is due. Buyer’s failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, repossession of unpaid delivered goods and termination of any one or more sales agreements. Notwithstanding any “net” payment provisions specified on the invoice, Kanar shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by Kanar at any time and without prior notice. Kanar retains (and Buyer grants to Kanar, Inc. by submitting a purchase order) a security interest in the Products to secure payment in full and compliance with these terms and conditions of sale. Buyer agrees to execute any additional documents necessary to perfect such security interest.
Collections: In the event the sales invoice shall be placed by Kanar in the hands of an attorney or collection agency for the purpose of collection, with or without litigation, or for the purpose of enforcing Kanar’s security interest in the Products, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, attorney’s fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor’s rights proceedings.
Currency: If a sale is to occur, or the Product is to be shipped, outside of the United States, Buyer acknowledges and agrees that the amount due Kanar is contracted in U.S. Dollars and that payment in U.S. Dollars is of the essence. Any payment by Buyer in local currency or the receipt by Kanar of local currency as a consequence of enforcement procedures against Buyer will be deemed an authorization for Kanar to use that local currency to purchase U.S. Dollars or, if such purchase is prohibited by local law, an authorization to purchase appropriate bonds or other instruments and export them from the Buyer’s country in order to convert the currency into U.S. Dollars and apply the proceeds to the payment of any amounts owed to Kanar by Buyer. Any deficiency as a result of conversion of payment into U.S. Dollars shall be the responsibility of Buyer.
Any return of the Products purchased hereunder, whether for stock balancing purposes or because such Products are claimed to be defective, shall be governed by Kanar’s Product Return policies in effect on the date of the invoice, or as otherwise provided by Kanar to Buyer in writing. Kanar’s Product Return policies can be found here: Return & Refunds Policies or by following the link at the bottom of this page or via our Support Centre. Kanar reserves the right to modify or eliminate such policies at any time. Although Kanar’s policies may permit Buyer to return Products claimed to be defective under certain circumstances, Kanar makes no representations or warranties of any kind with respect to the Products. Kanar hereby disclaims all representations and warranties, express or implied, as to the products, including, but not limited to, any implied warranty of merchantability, non-infringement or fitness for particular purpose. Kanar will not be liable for any damage, loss, cost, or expense for breach of warranty. The right to return defective Products, as previously described, shall constitute Kanar’s sole liability and Buyer’s exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Product, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. In the event Kanar issues a return authorization to Buyer allowing Buyer to return Product to Kanar, Buyer will deliver the Product to Kanar’s address in the United States, if so required by Kanar, and Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes) as well as import or customs duties, license fees and similar charges, however designated or levied, on any replacement Product to be shipped by Kanar to Buyer.
5. Limitation of Liability
Kanar shall no be liable under any circumstances for any special, consequential, incidental, punitive or exemplary damages arising out of or in any way connected with the agreement to sell product to buyer or the product, including, but not limited to, damages for lost profits, lost of use, loss data or for any damages or sums paid by buyer to third parties, even if Kanar has been advised of the possibility of such damages. The forgoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.
These terms and conditions shall constitute the final, complete, and exclusive agreement of the parties with respect to all sales by Kanar to Buyer and shall supersede all prior offers, negotiations, understandings, and agreements. Unless Buyer and Kanar have executed a written agreement which specifically modifies, supersedes and/or replaces these terms and conditions, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement or explain these terms and conditions. No additional or different terms or conditions, whether material or immaterial, shall become a part of any sales agreement unless expressly accepted in writing by an authorized officer of Kanar in the United States. Any waiver by Kanar of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or of any future defaults. No failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of its rights. Any provision of these terms and conditions that is prohibited or unenforceable under the laws of the State of New Jersey shall be ineffective to the extent of such prohibition or unenforceability, without impairing or invalidating the remaining provisions of these terms and conditions. All sales agreements shall be deemed made in, and shall be governed by, the laws of the State of New Jersey. The venue for any disputes arising out of any sales agreement shall be, at Kanar’s sole and exclusive option, Bergen County, New Jersey, or the courts with proper jurisdiction at Buyer’s location. All sales transactions exclude the application of the 1980 United Nations convention on contracts for the international sales of goods, if otherwise applicable.
a) Buyer acknowledges, represents and warrants that it currently complies with, and at all times shall comply with, and shall not act to contravene, relevant laws, codes, and regulations applicable to the purchase and sale of Products under these terms and conditions. Buyer further acknowledges and agrees that the goods, design, and technology subject to these terms and conditions are subject to the export control laws and regulations of the United States, including, but not limited to, the Export Administration Regulations (“EAR”), and sanctions regimes of the U.S. Department of Treasury, Office of Foreign Asset Controls. Buyer shall not, without prior U.S. government authorization, export, reexport, or transfer any goods, design, or technology subject to these terms and conditions, either directly or indirectly, to any country subject to a U.S. trade embargo or to any resident or national of any such country, or to any person or entity listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce or the list of “Specifically Designated Nationals and Blocked Persons” maintained by the U.S. Department of Treasury.
b) Buyer recognizes that some Product sales are limited to a specified territory and shall not sell Products outside that territory. Such sales may constitute copyright or trademark infringement. Products purchased by Buyer may also be subject to additional usage restrictions or authorizations imposed by the Product manufacturer or publisher. Buyer is responsible for ensuring compliance with any such restrictions or authorization.
8. Special Sales & Discounts
Special Sales & Discounts will be for limited times only. Advertised percentage discount prices may apply to specific marked/listed items only. Discounts will be applied to merchandise before shipping and/or tax. No limit of the same product per customer, while supplies last. Offer valid online at www.comfortelfurniture.com for specific times as promoted. Not valid on previous or future purchases, cannot be combined with volume discounts, or other product promotions or offers. Not redeemable for cash. Kanar reserves the right to cancel special sales, discounts, and promotions at any time. Inventory is not guaranteed. Orders including backordered items will be shipped upon Kanar’s receipt of backordered inventory on a first come, first serve basis. Items listed as “clearance” will not be available after inventory is depleted. Kanar will make its best effort to unlist clearance items in a timely manner once inventory quantity reaches 0. All sale prices will be reflected online at www.comfortelfurniture.com. No further discounting will be available during sale events. For sales events during holidays, please refer to our holiday office hours and order online to take advantage of discounted pricing. Kanar cannot be responsible for expired sale pricing after posted sale dates for purchases that are initiated via email, phone message, or social media message but not completed as an online transaction.
Kanar, Inc. shall not be held responsible for incorrect information including but not limited to typographical, clerical, pictorial, or pricing errors and reserves the right to refuse or cancel any orders extending from such errors. Kanar Inc. reserves the right to make minor product design variations that do not affect the functionality of the product before said variations are apparent in typographical or pictorial product descriptions. If an error is recognized in any marketing or sales materials, Kanar Inc. agrees to promptly inform customer of such and provide updates to said materials in a timely manner. Customers are encouraged to call Kanar Inc. directly at 1-201-933-2800 if they feel something may be listed in error.
ONLINE REGISTRATIONS & ACCOUNTS
Where you register for an account on this website, the following terms and conditions apply. You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you. When you register and are approved with an account, you will go on our internal database for future email marketing and special promotions we may have. You have the right to unsubscribe at anytime. Comfortel does not share information with third parties.
Comfortel reserves the right to close accounts and deny access. If you sign into any area of this website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Comfortel account. We therefore advise you to ensure you log out of all services when you have finished using a public computer. Where you access the website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Comfortel account. You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password for your Comfortel account.
Colours: Reproduction of colours is as accurate as possible, but please note actual colours may vary slightly from what is displayed on your monitor.
Advice and technical information: Any advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by this website in relation to any products is given in good faith and is believed to be appropriate and reliable. However, any such advice, recommendation, information, technical information, specification, drawing, description, illustration, dimensions, assistance or service provided by this website in relation to any products is approximate only.
COPYRIGHT & INTELLECTUAL PROPERTY/TRADEMARKS
a) This website and its contents are the property of Comfortel Furniture Pty Ltd and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited without the prior written permission of Comfortel Furniture Pty Ltd.
b) Comfortel Furniture Pty Ltd is the owner or authorised user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to Comfortel Furniture Pty Ltd in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of Comfortel’s intellectual property is prohibited without the prior written permission of Comfortel. Nothing contained in this website should be construed as giving you any right in or licence to any of the intellectual property on or associated with this website.
Kanar Inc. and Comfortel shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.
We operate a complaints handling procedure that we will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments.
Copyright 2020 Kanar, Inc & Comfortel Furniture Pty Ltd