Welcome to Kay Bella Luxe’s Terms of Use! Thank you for choosing us to be your interior stylists!

Before using Kay Bella Luxe’s Website, https://www.kaybellaluxe.com (“Website”), please review the legal terms below. These legal terms are for the benefit of you and us. If you have any questions or concerns, please contact us at shanika@kaybellaluxe.com.

These Kay Bella Luxe Terms of Use (“Terms of Use”) set forth the entire terms and conditions applicable to each visitor or user (“User” our “you”) of the Website. The Website Terms constitute a binding and enforceable legal contract between Kay Bella Luxe Home and Design, LLC (“Kay Bella Luxe”) and you in relation to the use of any Kay Bella Luxe Services (“Services”) - so please read them carefully. If you do not agree to the following Terms of Use, please leave this Website immediately.

By using our Services, you acknowledge that you have read, fully understand, and agree with our Privacy Policy available at http://www.kaybellaluxe.com/privacy-policy (“Privacy Policy”).

Your Obligations:

You represent and warrant that:

you are at least eighteen (18) years of age and have the legal authority, right, and freedom to enter into the Terms of Use and form a binding agreement; and
you are a resident of the United States of America.

You undertake and agree to:

fully comply with the Terms of Use;
fully comply with all applicable laws and any other contractual terms which govern your use of the Terms of Use; and
receive promotional messages and materials from Kay Bella Luxe by email or mail.

You agree and undertake not to:

copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile, or disassemble the Website;
use any illegal action to collect login data;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Kay Bella Luxe Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the Kay Bella Luxe Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Kay Bella Luxe;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Kay Bella Luxe Services; or
violate, attempt to violate, or otherwise fail to comply with any of the Kay Bella Luxe Terms or any laws or requirements applicable to your use of the Our Services.

Your Account:

You may create an account by either using your email, Facebook, or Google. Therefore, you authorize us to access and use certain third-party account information such as your login credentials.

You are responsible for your account including mainting its confidentiality. If you believe that someone has gained access to your account, please immediately contact shanika@kaybellaluxe.com.

Intellectual Property:

Kay Bella Luxe owns all rights, title, and interest in the Kay Bella Luxe Services, including all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any images, trademarks, videos, and designs).

Kay Bella Luxe does not convey any right or interest in our Intellectual Property. Nothing in these Terms of Use constitutes a waiver or assignment of the Kay Bella Luxe’s Intellectual Property. You may not use our Trademarks or Trade Dress unless you have prior written consent by Kay Bella Luxe.

Privacy:

As part of using Our Website you agree to Our Privacy Policy. For more information please read our Privacy Policy at: http://www.kaybellaluxe.com/privacy-policy.

Purchases:

You may purchase our Services through our Website. Upon purchase, you will be asked to supply your full name, address, and credit card information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We use third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, or error in your order.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Returns and Refunds:

You have seven (7) days to return an item you purchased from the date of confirmed delivery.

To be eligible for a return, your item must be unused and in the same condition that you received it. Your item also must be in its original packaging.

Disputes:

Any disputes shall be resolved under the laws of Delaware, United States. Should you have an issue with the purchase of our Services or the completion of our Services please contact us within thirty (30) days of your purchase or within seven (7) days after we have completed our Services.

Indemnification:

You agree to defend, indemnify and hold harmless Kay Bella Luxe and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability:

In no event shall Kay Bella Luxe, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimers:

YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES REGARDING THE KAY BELLA LUXE PROJECT, DESIGN PROPOSALS, ANY OTHER PRODUCTS OR SERVICES PROVIDED BY KAY BELLA LUXE AND EACH OF THE FOREGOING ARE PROVIDED BY US “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

KAY BELLA LUXE DOES NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law:

These Terms of Use shall be governed by the laws of Delaware, United States, without regard to its conflict of law provisions.

Venue:

Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Delaware, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Kay Bella Luxe that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Delaware, U.S.A. You and Kay Bella Luxe consent to the exercise of personal jurisdiction of courts in the State of Delaware and waive any claim that such courts constitute an inconvenient forum.

Updates to this Terms of Use:

We may update this Terms of Use as required by applicable law or to reflect changes to our Services. If we make any changes that we deem as “material” (in our sole good faith discretion), we will notify you.

Entirety of Agreement:

This Agreement along with the Privacy Policy, contains the entire agreement between you and Kay Bella Luxe regarding your relationship with Kay Bella Luxe and the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Kay Bella Luxe to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Should you Purchase our Services, you must enter into a binding written contract with Kay Bella Luxe. The contract for our Services, this Terms of Use, and our Privacy Policy contains the entire agreement between you and Kay Bella Luxe.

Contact Information:

Should you have any questions or concerns, please do not hesitate to contact us.

You may contact us via email at: shanika@kaybellaluxe.com.

You may also contact us at 302.399.1132 or by mail at:

406 Eagles Nest Dr.

Camden, DE 19934

Last updated: April 25, 2019